Agenda packet — Seaside City Council, June 6, 2024 (part 1 of 3)

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, June 6, 2024
REDEVELOPMENT AGENCY 5:00 PM
___________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with options for viewing and listening virtually or telephonically, based on availability. ___________________________________________________________________________________ ___________________________________________________________________________________

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

2. To view this meeting: Using the Zoom application on your smart phone, laptop, tablet or desktop and click on this link: https://ci-seaside-ca-us.zoom.us/j/81936832059 WEBINAR ID: 819 3683 2059

3. To listen by phone: Please call (669) 900-9128
Enter the meeting ID 819 3683 2059 when prompted. There is no participate code – press the pound sign # after the recording prompts you.

4. To make public comment, the following options are available:

Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting via Oral Comments: When the Chair calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
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City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 2 If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS AND COMMUNITY ANNOUNCEMENTS BETWEEN JUNE 6 THROUGH JUNE 21 7. PRESENTATIONS
A. RECEIVE PRESENTATION FROM THE TRANSPORTATION AGENCY FOR

MONTEREY COUNTY (TAMC) ON THE ACTIVE TRANSPORTATION

PROGRAM GRANT APPLICATION (MICHAEL ZELLER, DIRECTOR OF

PROGRAMMING AND PROJECT DELIVERY)
B. 4TH OF JULY OPERATIONS PLAN (POLICE COMMANDER MATT DOZA)

8. CONSENT AGENDA
A. APPROVE MINUTES FROM MAY 16, 2024
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE AND FILE CITY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of February 24, 2024 through April 12, 2024, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 1, 2024, March 15, 2024, and March 29, 2024. Total Accounts Payable and Payroll for the above referenced period is $9,345,920.31.

C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
RECOMMENDATION: Approve and file the accounts payable and wired payments made during the period of February 24, 2024 through April 12, 2024, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending March 1, 2024, March 15, 2024, and March 29, 2024. Total Accounts Payable and Payroll for the above referenced period is Packet Page 2
City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 3 $2,842.44.

D. APPROVE A PROCLAMATION RECOGNIZING JUNE 2024 AS PRIDE

MONTH IN THE CITY OF SEASIDE
RECOMMENDATION: Proclaim the month of June as Pride Month in the City of Seaside.

E. APPROVE LETTER OF SUPPORT FOR AN ACTIVE TRANSPORTATION

PROGRAM GRANT APPLICATION FOR THE FORT ORD RECREATION

TRAIL AND GREENWAY (FORTAG) PROJECT
RECOMMENDATION: Approve the letter of support for the Active Transportation Program grant as drafted.

F. APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR COMMUNITY DINNER NIGHT EVENT ON NOVEMBER 16, 2024 RECOMMENDATION: Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Community Dinner Night in the amount of $618.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25, and provide the City with their insurance.

G. APPROVE A FEE WAIVER REQUEST FROM NARCOTICS ANONYMOUS FOR

THE USE OF LAGUNA GRANDE HALL FOR A WOMEN'S BRUNCH ON
MARCH 01, 2025
RECOMMENDATION: Approve the fee waiver request from Narcotics Anonymous for the use of Laguna Grande Hall and Kitchen to hold their Women's Brunch in the amount of $618.75, with the organization providing the City with the non-refundable portion of the deposit of $98.25.

H. APPROVE A REQUEST FROM BLACK LEADERS AND ALLIES

COLLABORATIVE FOR SPONSORSHIP IN THE AMOUNT OF TWO
THOUSAND ($2,000.00), AND USE THE CITY LOGO ON PROMOTIONAL

MATERIALS FOR THE MONTEREY COUNTY RACE RELATIONS SUMMIT MEETING ON JULY 12, 2024, TO BE HELD AT EMBASSY SUITES HOTEL IN

SEASIDE
RECOMMENDATION: Approve the request and make a contribution to the Monterey County Race Relations Summit Meeting in the amount of $2,000.00 and allow the use of the City logo on promotional materials.

I. ADOPT A RESOLUTION APPROVING A PROCLAMATION RECOGNIZING JUNE 19, 2024 AS JUNETEENTH INDEPENDENCE DAY AND TO RAISE THE JUNETEENTH FLAG FROM JUNE 15 THROUGH JUNE 21, 2024
RECOMMENDATION: Adopt a resolution recognizing Juneteenth Independence Day and to raise the Juneteenth flag from June 15 to June 21, 2024.

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City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 4 J. ADOPT A RESOLUTION APPROVING AN ON-CALL CONSULTANT LIST FOR

ENVIRONMENTAL SERVICES
RECOMMENDATION: Adopt a resolution approving the following firms as qualified to provide Environmental Services:

1. Denise Duffy & Associates, Inc.

2. EMC Planning Group

3. Rincon Consultants, Inc.

4. Terracon Consultants, Inc.

K. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2023 PAVEMENT REHABILITATION PROJECT FOR AN AMOUNT NOT TO EXCEED $184,261.00.

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a professional services agreement with Wallace Group to provide construction management and inspection services for the 2023 Pavement Rehabilitation Project for an amount not to exceed $184,261.00.

L. ADOPT A RESOLUTION AUTHORIZING THE SUBMISSION OF THE ACTIVE TRANSPORTATION PROGRAM (ATP) CYCLE 7 GRANT APPLICATION AND

THE SIGNING OF A LETTER OF SUPPORT FOR THE SAN PABLO

PEDESTRIAN BRIDGE DEMOLITION AND RECONSTRUCTION PROJECT RECOMMENDATION: Adopt a resolution authorizing the submission of the Active Transportation Program Cycle 7 Grant Application and the signing of a letter of support for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.

M. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL MONTE

AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE TO THE

BEGINNING OF THE GRANITE ROCK BUILDING FOR THE CLASSIC
PORSCHE EVENT ON AUGUST 12, 2024
RECOMMENDATION: Adopt a resolution permitting the closure of Del Monte Avenue to through traffic from Tioga Avenue to the beginning of the Granite Rock building to ensure public safety during the Classic Porsche Event on Monday, August 12, 2024.

N. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES CONTRACT WITH SCHAAF & WHEELER FOR

ADDITIONAL INVESTIGATION, SURVEYING, AND HYDROLOGIC AND HYDRAULIC MODELING FOR PREPARATION OF A STUDY OF THE 90-

INCH STORM DRAIN OUTFALL FOR AN AMOUNT NOT TO EXCEED
$37,182.00
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the professional service agreement with Schaaf & Wheeler for additional investigation and surveying for preparation of a study of the 90-inch storm drain outfall for an amount not to exceed $37,182.00.

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City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 5 O. ADOPT A RESOLUTION APPROVING THE REMOTE MEETING

PARTICIPATION POLICY AND REINSTATING THE ACCEPTANCE OF

PUBLIC COMMENT VIA VIRTUAL TELE-CONFERNCING PLATFORM
(CURRENTLY ZOOM)
RECOMMENDATION: Adopt a resolution approving the remote meeting participation policy and reinstating the use of Zoom for public comments.

P. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE

RECOMMENDATIONS TO APPROVE THE INSTALLATION OF GREEN CURB AT 1121 ELM AVENUE AND APPROVE THE ADDITION OF A SECOND DRIVEWAY APPROACH AT 1486 SANTA CLARA AVENUE
RECOMMENDATION: The Traffic Advisory Committee (TAC) recommends approving: 1. installation of green curb in front of 1276 Fremont Boulevard; and,

2. approve the installation of a second driveway approach at 1486 Santa Clara Avenue.

Q. ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR THE PROPOSITION 47 GRANT PROGRAM: SAFE

NEIGHBORHOODS AND SCHOOLS ACT THROUGH THE BOARD OF STATE

AND COMMUNITY CORRECTIONS
RECOMMENDATION: Adopt the Resolution authorizing the submission of the Prop 47 Grant application.

9. BUSINESS ITEMS
A. CONFIRM SETTLEMENT AGREEMENT WITH PETROVICH DEVELOPMENT

AND AUTHORIZE THE ACTING FINANCE DIRECTOR TO REMIT
$850,000.00 FROM THE SPECIAL RESERVES FUND
RECOMMENDATION: Confirm Settlement Agreement with Petrovich Development Company and Authorize the Acting Finance Director to Pay $850,000.00
B. ADOPT A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2023 PAVEMENT REHABILITATION PROJECT AND AWARDING

A CONSTRUCTION CONTRACT TO COASTAL PAVING AND EXCAVATING INC. FOR AN AMOUNT NOT TO EXCEED $2,341,712.40 AND TOTAL

PROJECT CONSTRUCTION COST INCLUDING CONTINGENCY OF
$2,575,883.64
RECOMMENDATION: Adopt a resolution approving the plans and specifications for the 2023 Pavement Rehabilitation Project; waiving minor bid irregularities, awarding a construction contract to Coastal Paving and Excavating Inc. for an amount not to exceed $2,341,712.40; establishing a 10% construction contingency for a total project construction amount not to exceed $2,575,883.64; authorizing the City Manager to execute the construction contract and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction Packet Page 5
City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 6 amount.

C. ADOPT A RESOLUTION APPROVING THE CONTRACTUAL 2.7% INCREASE

IN THE COLLECTION OF SOLID WASTE, RECYCLING, AND ORGANICS RATE EFFECTIVE JULY 1, 2024, ACCORDING TO THE INDEX-BASED RATE

ADJUSTMENT CALCULATION OF THE FRANCHISE AGREEMENT WITH
GREENWASTE RECOVERY, INC.

RECOMMENDATION: Adopt a Resolution increasing the GreenWaste collection rate by the contractually required rate of 2.7%.

D. ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE REGEN MONTEREY

AND ITS MEMBER AGENCIES REGARDING COSTS OF IMPLEMENTING

ORGANIC WASTE RECYCLING LAWS
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign an amendment to the Memorandum of Understanding with ReGen Monterey for assistance with compliance with SB 1383.

10. PUBLIC HEARING
A. APPROVE A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF 1020 AUTO CENTER PARKWAY (APN: 011-523-021) FROM AUTOMOTIVE REGIONAL COMMERCIAL (CA) TO REGIONAL COMMERCIAL (CRG). THE PROJECT IS CATEGORICALLY EXEMPT (CLASS 32) FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 OF THE CEQA GUIDELINES (FIRST READING)
RECOMMENDATION: Approve ZMA-24-01 to change the Zoning of 1020 Auto Center Parkway from Automotive Regional Commercial (CA) to Regional Commercial (CRG)
B. ADOPT A RESOLUTION APPROVING THE 2024-2025 ANNUAL ACTION

PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RECOMMENDATION: Adopt a resolution in order to:

1. Approve the FY2024-2025 Annual Action Plan including the contingency provisions;

2. Authorize the City Manager, or the City Manager’s designee, as the official representative to sign all certifications and assurances, and sub-agent agreements for the use of funds approved in the FY2024-2025 Annual Action Plan; and

3. Authorize the City Manager to submit the FY2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) on or before July 5, 2024.

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
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City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 7

B. FOLLOW UP ON PREVIOUS REQUESTS

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

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

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

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et al.

Negotiating Parties: KBB Seaside Venture, et al. and City of Seaside Under Negotiation: price, terms of payment or both

B. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Manager

C. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Manager

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
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City Council REGULAR Meeting June 6, 2024 5:00 PM Agenda Page 8

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

June 20, 2024
5:00 p.m.

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.A.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: RECEIVE PRESENTATION FROM THE TRANSPORTATION

AGENCY FOR MONTEREY COUNTY (TAMC) ON THE ACTIVE

TRANSPORTATION PROGRAM GRANT APPLICATION (MICHAEL

ZELLER, DIRECTOR OF PROGRAMMING AND PROJECT

DELIVERY)

RECOMMENDATION
Receive a presentation from the Transportation Agency for Monterey County (TAMC)

BACKGROUND
The Transportation Agency for Monterey County (TAMC) is applying for funding through the state Active Transportation Program to extend the trails in Laguna Grande Park between Del Monte Boulevard and Fremont Boulevard. The project will also build a segment of trail on Fremont Boulevard between Cassanova Avenue and Canyon Del Rey, to fill a gap in the bicycle network. This application will build off the City of Seaside’s funded project to upgrade the trails in Laguna Grande Park.

This project will be a segment of the Fort Ord Regional Trail and Greenway (FORTAG).

FORTAG is a proposed 28-mile regional network of paved recreational trails and greenways connecting communities to open space. If funded, the Laguna Grande segment will connect to the Canyon Del Rey segment, which will start construction in spring 2024.

TAMC is requesting a letter of support from the City of Seaside.TAMC has entered into a Master Agreement with the cities of Seaside and Monterey and the Monterey Peninsula Regional Parks District for construction and maintenance of the FORTAG trail.

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Item No. 7.A. Page 2 of 2

FISCAL IMPACT
There is no fiscal impact on this item.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 7.B.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Matthew Doza, Sergeant
DATE: June 6, 2024
SUBJECT: 4TH OF JULY OPERATIONS PLAN (POLICE COMMANDER MATT DOZA)

RECOMMENDATION
Staff Recommends City Counci Receive Presentation.

BACKGROUND
The City of Seaside has a zero-tolerance policy for illegal fireworks. In partnership with the Seaside Fire Department, the Seaside Police Department and the Fireworks Task Force, we have formulated an operations plan for illegal firework suppression. The operation will focus on public education and the safety of citizens, visitors, and property from the use of illegal fireworks.

The operations plan includes:

Public Education and Warnings
The Seaside Police Department will begin public awareness surrounding illegal fireworks through social media. The Police Department will send out informational media releases and the city will situate portable message boards in advance on major thoroughfares. These efforts will continue through various outreach platforms as we lead up to the 4th of July.

Enforcement
All officers have been directed to enforce firework-related violations under a ZERO-TOLERANCE directive. Any violation observed by police, or reported by a witness willing to sign a citation, will be strictly enforced.

Staff anticipates an increase in firework-related calls leading up to July 4th, and will be prepared to respond accordingly. On July 4th, two teams of police officers will be designated to enforce fireworks during the day and evening hours. The team will consist of a command staff, two sergeants each leading a team of police officers. The Records Division will also have additional staff on July 4th to Packet Page 11

Item No. 7.B. Page 2 of 2
assist with fireworks service calls. Extra officers will work one week leading up to the 4th of July, and one week after (or as needed) to suppress illegal fireworks activity. Additionally, this year, we will have private security mobile patrol staffed with 12 security officers patrolling and identifying properties and groups igniting illegal fireworks to report back to the police department.

The Seaside Fire Department
The fire department along with the police department will deploy drones to monitor places open to the public for fire safety hazards and gather data, which is expected to result in video evidence of illegal firework possession and use. Seaside police will use the video evidence to aid enforcement.

SSFD will have an extra engine to respond to emergency calls or fires related to fireworks.

Seaside Police Hotlines & Phones Numbers
Staff will monitor the Seaside Police Department's social media (Twitter & Facebook) for tips regarding illegal firework possession and use. We will use any viable information for enforcement and the issuance of citations. Additionally, Seaside PD will have three hotlines for community members to call in illegal fireworks activity. We will also have a texting option in addition to the nonemergency dispatch center. Although we encourage community members to identify themselves and sign citations, members of the public can remain anonymous if they desire.

Hotlines:
831-899-6756
831-899-6747
831-899-6748
Dispatch:
831-394-6811
831-769-8888
Text:
831-242-0435
Illegal Firework Disposal
The Seaside Police Department will work with Seaside Fire for disposal of fireworks collected.

FISCAL IMPACT
Fiscal impact to be reported ata later time in an after action report.

ATTACHMENTS

1. Seaside Police Dept 4th of July 2024 contract
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CSA FORM A-018NP JULY 2023

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SHORT-TERM SECURITY CONTRACT
STC Contract # ______2024______
CONDOR SECURITY AGREES TO PROVIDE SECURITY SERVICES FOR: Seaside Police Department LOCATION: Seaside, Ca
TYPE OF SECURITY: 6 – Unarmed Sec. Officers
5 – Armed Lead Officers
1 - Armed Supervisor
# OF OFFICERS: 12

ATE/TIME(S): Thursday, July 04, 2024. 4:00PM – 1:00AM ( 4th of July Holiday) HOURLY RATE:

Rates and Schedule Below

PER GUARD/PER HOUR/PER DAY
ESTIMATED TOTAL $10,400.00
CLIENT: Seaside Police Department ON-SITE CONTACT: Matt Doza- Commander BILLING ADDRESS: 440 Harcourt Ave CITY, STATE, ZIP: Seaside, CA 93955 EMAIL ADDRESS: [email protected] Contact #: 831-899-6751 Packet Page 13
CSA FORM A-018NP JULY 2023

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We Accept: Money Orders, Cashier’s Check, and all major CC ($5.00 convenience fee)

1. Rates. The rates set forth on Schedule A along with the terms and conditions set forth therein shall be considered part of this Agreement. In addition to the rates specified in Schedule A, irrespective if during the term specified in this paragraph or if the Agreement is month to month, with at least seven (7) days’ notice to Client, CSA may increase its rates or include surcharges to its billed rates due to increased labor costs, increased fuel or other costs, or tax or payroll increases associated with CSA guards that CSA is legally required to pay, such as legally mandated benefits, payroll taxes, social program contributions, or charges linked to benefit levels. The client’s payment of the new rates shall be deemed as acceptance of such new rates.

2. Term. Subject to section 4 below, this Agreement shall be in effect and commence on the Effective Date and continue for a period of days / or from _07/04/2024_ (“Term”). If the Term is more than six months, upon expiration of the Term, this Agreement shall continue a month-to-month basis, terminable by either party upon thirty days’ notice, or all other provisions of this Agreement shall be automatically extended until the Agreement is terminated.

3. Termination for Cause. Client’s Termination for Cause. Client may terminate this Agreement if CSA fails to materially perform or comply with the terms and conditions of this Agreement after being given 14 days written notice of such failure and CSA does not cure or remedy such failure.

CSA’s Termination for Cause. CSA may terminate this Agreement if Client fails to make payment of any invoice within thirty (30) calendar days after it is rendered or fails to materially perform or comply with the terms and conditions of the Agreement.

4. Invoicing. Invoices will be mailed/emailed or delivered to such office as Client directs. Payment will be due upon receipt. All amounts not paid within 10 days of delivery will be subject to interest calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. CSA, Inc. reserves the right to terminate this Agreement immediately upon default by Client in the payment of any monies due, owing, and unpaid, in addition to all other remedies available, CSA, Inc. at its sole discretion, may declare this Agreement in default and cease performing services for Client. In the event CSA, Inc. engage attorneys for the collection of amounts owed, CSA, Inc. shall be entitled to recover all costs and expenses incurred, including without limitation, its attorneys’ fees, and legal costs, and said sums shall be added to the amount payable hereunder and be collected as a part thereof.

5. Security Officers. The officers/guards furnished by CSA, Inc. per this Agreement are employees of CSA, Inc. and CSA, Inc. shall be solely responsible for payment of all its employees’ wages, benefits, and expenses including maintaining worker’s compensation insurance. CSA, Inc. shall furnish all guards California approved uniforms, badges, and accessories for performance of the services under this Agreement in accordance with industry standards. CSA, Inc. is responsible for the hiring, training, supervision, and dismissal of its guards/officers through its designated representatives. Upon written request of Client, CSA, Inc. will remove from service any of the security officers assigned to the Client's premises for reasonable cause.

6. Liquidated Damages. Each party recognizes that the other party has a significant investment in the recruitment, hiring and training of its employees. Accordingly, CSA, Inc. and Client agree that during the term of this Agreement or any extension, and for a period of twelve (12) months immediately following termination, they shall not, without express written permission of the other party, directly or indirectly hire, contract with or solicit for employment or contract any person employed by or contracted with the other party who, if CSA, Inc., performed services related to this Agreement on Client's behalf, or if Client, directly interacted with CSA, Inc. in CSA, Inc.’ performance of its duties per this Agreement, such as a contract manager, trainer, or liaison. If a party hereto hires or contracts with any person who performed services on the other party's behalf during the period set forth in this paragraph, instead of requiring any proof of damages or losses, that party shall pay the other party the sum of Fifty Thousand Dollars and No Cents ($50,000) as liquidated damages (but not as a penalty.) Neither the breach of this paragraph nor the payment of liquidated damages by Client or CSA, Inc. shall affect the continuing validity or enforceability of this Agreement.

7. Risk of Injury/Loss. CSA, Inc. and Client shall both maintain comprehensive general liability insurance policy for personal injury and property damage or loss of no less than $1,000,000.00 in respect of bodily injury to, personal injury to or death of any one person, and in an amount not less than $2,000,000 in respect of bodily injuries, personal injuries and/or death(s) occurring in any one occurrence and in an amount not less than $2,000,000 in respect of property damaged or destroyed. Client acknowledges that while CSA, Inc. services are intended to reduce loss, risk or injury to Client, its property, and invitees, unlimited protection from such loss, risk or injury is neither feasible nor possible. Accordingly, Client shall look solely to insurance proceeds for the satisfaction or omissions of Client, or its agents, employees, invitees, or guests. The provisions of this Section shall survive the termination of this Agreement with respect to any claims or liability attributable to acts or omissions existing or occurring prior to such termination. Of any claim against CSA, Inc. for personal injury or property damage or loss. Should Client require a Waiver of Subrogation, a 3-5% increase will be added to the proposed rate.

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CSA FORM A-018NP JULY 2023

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8. Non‑Liability for Certain Acts or Omissions. Notwithstanding anything to the contrary herein, CSA shall not be liable for injury to person or damage to or loss of property, and Client shall indemnify, defend, and hold CSA, its employees, and shareholders, harmless from any and all liability, loss, claim, or actions (including attorneys' fees), occasioned or caused by the acts

9. Force Majeure. CSA, Inc. shall not be in default under this Agreement because of any failure to perform in accordance with this Agreement if such failure arises from causes beyond its control, including, but not restricted to, acts of God, acts of government or law enforcement, fires, floods, epidemics, quarantine, restrictions, strikes, or all causes beyond control of CSA, Inc. If a cancellation is due to an act of government or law enforcement, Client shall be liable to CSA, Inc. for all actual officer hours worked plus all scheduled officer hours for the day the event was cancelled.

10. Compliance with Laws. Client represents and warrants that it is duly registered, licensed and operating in full compliance under all applicable State laws. Client agrees that it will always maintain valid registration and licensing during the performance of this Agreement for all its business activities for which CSA, Inc. will be providing security services. The client will immediately notify CSA, Inc. in writing of any suspension, revocation or expiration of such registration or licensing. Client has provided CSA, Inc. (as applicable) with a copy of the following before CSA, Inc.’s performance under this Agreement. a. State commercial cultivator cannabis license.
b. Local commercial cannabis license.
c. Seller’s permit.
d. Confirmation letter from CDTFA for Seller permit exemption ___________ Client shall indemnify, defend and hold CSA, Inc. harmless against any and all claims that may arise as a result of Client violating or alleged to have violated any federal, state or local laws pertaining to Client’s operations, and shall reimburse CSA, Inc. for any reasonable legal fees and costs incurred in connection with the defense of said claims, including legal fees and costs incurred by CSA, Inc. to retain counsel for addressing or responding to any federal, state or local investigation commenced against Client.

11. Assignment. Neither this Agreement nor any rights hereunder may be assigned except with the prior written consent of the other parties hereto.

12. Extra Officers. If the Client requests additional employees on short notice (defined as less than 3 business days) for short-term coverage, CSA, Inc. agrees to use its best efforts to make such additional employees available. Client will be billed at the overtime rate in accordance with Schedule A.

13. Holiday Rates. Eight (8) holidays are recognized by CSA, Inc., New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving, and Christmas. Any hours worked on these recognized holidays, (should the holiday fall on a weekend day, then the federally observed holiday}, will be billed at the holiday rate listed on Schedule A.

14. Prior Agreements. This Agreement supersedes all previous agreements between CSA, Inc., and the Client, and represents the entire agreement between the parties. This Agreement may not be amended or modified except in writing, signed by CSA, Inc., and Client.

15. Legal Fees. If any legal action is necessary to enforce the terms of this Agreement, the parties shall each bear their own costs and attorneys' fees, except for claims pursuant to sections 3 and 11.

16. Mediation/Arbitration. The parties shall use the procedure outlined in this section to resolve any dispute related to this Agreement. The purpose of the alternative dispute resolution procedures in this section is to resolve all disputes, contests, and claims without litigation. A party who has any dispute relating to this Agreement shall provide written notice to the other party describing the general nature of the controversy. The parties shall agree upon one mediator to mediate the dispute. If the dispute is not resolved at mediation, the parties shall submit to mandatory and binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s judgment may be entered in any court having competent authority. Unless otherwise agreed to by the parties, the venue for such arbitration shall be in Monterey, CA.

17. Reports. The Client will be given weekly or daily security reports of all properties covered by CSA, Inc for the Client. The weekly reports or daily reports will be in writing and based on guard rotation and actions. Guards will sign in and out when on-site, and they will check in with staff at these times. The guards are to patrol and monitor the grounds and corridors. Quarterly reviews of guard performance and conduct may be provided by Client to CSA, Inc.

18. Non-Discrimination. During the performance of this Agreement, Client and Contractor shall not differentiate or discriminate in carrying out their respective obligations pursuant to this Agreement based on race, religion, creed, color, national origin, ancestry, Packet Page 15
CSA FORM A-018NP JULY 2023

Page 3 of 8 ends

sex, physical disability, mental disability, medical condition, marital status, age, sexual orientation or on any other basis prohibited by applicable law.

19. Individual Guarantee. If Client is an entity (i.e., corporation, limited liability company, limited partnership, etc.) requiring an individual member, shareholder, or partner, (as applicable) of the entity signature to this Agreement, by affixing their signature below, said individual(s) agrees to personally guarantee and be jointly and severally liable for all of Client’s obligations set forth herein.

20. Severability. If any provision or provisions of this Agreement should be held to be invalid, illegal, or unenforceable, the validity, legality and unenforceability of the remaining provisions shall not in any way be affected or impaired thereby.

21. Captions and Headings. The captions and headings are inserted in this Agreement for convenience only, and in no event be deemed to define, limit, or describe the scope or intent of this Agreement, or of any provision hereof, nor in any way affect the interpretation of this Agreement.

22. Modifications. This Agreement can only be modified by a written Agreement duly signed by authorized representatives of CSA, Inc., and Client.

23. Fuel Escalator Clause. Customer agrees that in the event the transportation industry experiences a severe increase in fuel (above $4.00/gallon), additional temporary fees may be assessed to the compensation structure outlined in Schedule-A. Customer will be notified seven (7) days before such an increase would take effect. Condor will reevaluate an increase and adjust accordingly based upon market trends.

All last-minute cancellations will be billed at a minimum of 6 hours per day, except as otherwise specified herein. All short-term contracts are subject to hire CSA officers for a minimum of 6 hours per guard. In the event of a last-minute cancellation and the security guard(s) cannot be notified prior to their arrival at the job site, no refund will be given to the client due to incurred costs, except as otherwise specified herein. If the event is terminated earlier than the scheduled time on the contract, whether due to disturbance or any other reason, no refund will be given to the client, except as otherwise specified herein.

There is a $50.00 charge for NSF checks. Should a Waiver of Subrogation be required, a 3-5% increase will be added to the proposed rate. It is understood and agreed between CSA, Inc., and the client that CSA, Inc. is not an insurer against loss or damage to property or person, and that the rates being paid to CSA are not for insurance or a substitute for Client obtaining against such losses.

Neither CSA, its management, employees, agents, officers, or ownership make any guarantees, implied or otherwise, that no loss will occur, or that service supplied will avert or prevent occurrences or losses which the service is designed to help detect or avert. CSA, on behalf of itself and its agents, represents and warrants that all services will be provided by duly qualified and/or licensed (as applicable) security professionals in accordance with accepted industry practices and applicable law. The client hereby agrees to defend at its own expense, indemnity and hold harmless all claims, lawsuits, demands or losses alleged to be caused by CSA and its employees or agents for failure to prevent an injury to person, property or theft of property, except to the extent caused by the negligence or willful misconduct of CSA or its employees or agents, in which event CSA will defend at its own expense and so indemnify and hold harmless client.

THE NUMBER OF GUARDS CONTRACTED FOR THE EVENT IS DETERMINED BY THE NUMBER OF GUESTS EXPECTED. If more guests arrive than stated in the contract, the client hereby agrees that additional guards will be dispatched, and the client will pay cash for the additional guards upon their arrival. PLEASE TRY TO ESTIMATE THE CORRECT NUMBER OF GUESTS WHEN SCHEDULING THE GUARDS, THIS ENSURES NOT ONLY THE SAFETY OF YOUR GUESTS, BUT ALSO THE SAFETY OF THE GUARDS.

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CSA FORM A-018NP JULY 2023

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This is a contract on the services named, subject to the conditions noted below. (Please initial next to each line item)
________ Our best effort will be made to ensure that overtime does not incur. However, due to unexpected schedule changes, if OT should occur, it will be billed at the designated rate. Overtime will be incurred after the eighth consecutive hour worked by a single officer.
________ Holidays will be billed at a separate rate for the following Condor Security of America, Inc. corporate holidays: New Year’s Day, Easter, Memorial Day, July 4th (Independence Day), Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. ________ If the security officer’s shift extends past 6 hrs., the security officer will be required to take a 30-minute break off-site at no additional expense to the client. If the security officer is required to stay on site during the shift, the client will be responsible for paying one (1) additional hour at the expense of the contracted regular billing rate for every officer which has exceeded a 6-hour shift. “Meal Breaks. Paragraph 4 (DOL)
If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4th 968.

If an employer fails to provide an employee a meal period in accordance with an applicable IWC Order, the employer must pay one additional hour of pay at the employee's regular rate of pay for each workday that the meal period is not provided. IWC Orders and Labor Code Section 226.7 This additional hour is not counted as hours worked for purposes of overtime calculations.” ________ To initiate the short-term contract, a deposit of $10,400.00 , is required upon signature.

This contract is valid for 30 days from the date stamped at the top of the initial contracting email. After 30 days, this contract is subject to change unless an official contract has been signed.

CLIENT SIGNATURE: DATE:

CLIENT NAME (PRINT):

CLIENT TITLE:

CONDOR REPRESENTATIVE: DATE:

CONDOR REP (PRINT): Daniel Flores
CONDOR TITLE: Contract Specialist
Seaside Police Department (Commander Matt Doza #34922)
Commander (Acting Chief of Police)
05/21/2024
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CSA FORM A-018NP JULY 2023

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ACCOUNTING/INVOICING
To properly invoice for services rendered, please complete the following information for the Point of Contact handling Accounting/Billing for your business:

PRIMARY POC
Name (First, Last)
Title
Email
Telephone Number
Billing Address

SECONDARY POC
Name (First, Last)
Title
Email
Telephone Number
Billing Address

IF APPLICABLE
Check the applicable field and provide additional information as needed. If not applicable, please mark N/A.

Vendor Account Number
Purchase Order Number
Gina Lualemana
Sr. Admin Asst.
[email protected]
831-899-6753
440 Harcourt Avenue, Seaside, CA 93955
9226
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INSURANCE
Packet Page 19
CSA FORM A-018NP JULY 2023

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INSURANCE
If specialized insurance requirements are needed, please notate below the reason for the specialized insurance requirements and all applicable information surrounding the request (business name/Dba, physical addressed.). If not required, please mark N/A. _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _____________________________________
Client: DATE:

Representative
____________________________________
Name (Please Print)
Packet Page 20

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, May 16, 2024
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held for the invocation. The pledge was led by Council/Agency Member Burks.

4. REVIEW OF AGENDA
Item 7P was pulled from consideration from the consent agenda. An urgency item was added by 4/5th vote for a closed session and will be item 12D – Conference with legal counsel pursuant to Government Code 54956.9(d)(2) – Existing Litigation:

Monterey County Superior Court, Case Name: Petrovich Development, et al. v. City of Seaside, et al., Case Number: Case # 21CV003630.

On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to amend the agenda.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

5. PUBLIC COMMENT
Rikki Ross, Bobby Maxwell, Peter Kaiser, Tanya Roos

6. PUBLIC AGENCY COMMUNICATIONS
A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS COVERING EVENTS BETWEEN MAY 16 THROUGH JUNE 8
Packet Page 21
Thursday, May 16, 2024 City Council REGULAR Meeting Page 2 Citywide Events and Community Announcements Video reviewed the following upcoming events:
• ARTS4MC is conducting a Community Input Workshop, Saturday, May 18th, from 9:30am-1pm, at Palenke Arts. To RSVP for this even, visit ARTS4MC.ORG.
• The Seaside Recreation Department is holding a Lifeguard Class on Saturday, May 18th, from 8am-5pm, at Pattullo Swim Center. The entry fee for Seaside residents is 135 dollars, 150 dollars for non-residents, and for those who are ready to give a commitment to be employed by the City, the class is FREE! For more information, follow @SeasideRecreation on Instagram, or call 831-899- 6800.
• May 19th through the 25th is National Public Works Week! 2024 Marks the 64th year that the American Public Works Association has recognized engineers, managers, and employees at all levels of government and the public sector for their hard work and dedication.
• On Saturday, May 18th, the Seaside Police Department, along with the Transportation Agency for Monterey and their Safe Routes to School Program, invite you to Kids Bike Safety Day! This fun-filled family event will start at 10am, at Roberts Lake Park. Kids of all ages can test their skills on an obstacle course and learn essential safety tips. There will be safety gear giveaways, including helmets, bike lights, and bells-- which will be handed out on a FirstCome First-Serve basis. So, hop on your bike and head over for a group ride around Roberts Lake until 1pm. Don’t miss this chance to connect with your local police department and enjoy a day of cycling and fun! • Residents of lower socio-economic status can pick up Free Boxes of Produce Every Thursday, from 3-7pm at Laguna Grande Park during the Seaside Farmer’s Market. The boxes are handed out on a first come, first served basis, and quantity is limited. Be sure to bring proof of status in order to collect. • The Seaside Fire Department, in collaboration with neighboring Fire Departments, is joining forces to raise funds for the Muscular Dystrophy Association. This initiative will take place on Saturday, May 25th, from 10am – 4pm, at the intersection of Playa Avenue and California Avenue in Sand City.

This event was spearheaded by Seaside Fire’s own Liliana Garcia, so, lets show our Seaside pride and help these amazing Firefighters fill their boots with donations for this important cause!
• The City of Seaside is developing their first Climate Action and Adaptation Plan.

There are three ways that you can participate in this discussion in the month of May. For more information, and to access the survey for this project, visit the News Flash section of the City’s website.
• Pattullo Swim Center’s Annual Summer Kick-Off on Saturday, May 25th, from 1-3PM
• Wednesday, May 29th, MBFC will host the top team in the Eastern Conference, the Charleston Battery, in a duel for standing supremacy. New Mexico United will be in town for a Sunday afternoon contest on June 2nd at 4pm. Two games in 5 days? There is no reason to miss some top shelf summer footy at the Kelp Fortress. For more information, or to purchase tickets, visit MontereyBayFC.com!
Packet Page 22
Thursday, May 16, 2024 City Council REGULAR Meeting Page 3 • On Saturday, June 15th, starting at 1pm, the Monterey County Black Caucus presents the 5th annual Juneteenth Monterey County event at Laguna Grande Park.
• CalFresh EBT and SUNBucks card holders…Now is the time to DOUBLE your purchasing power at local produce vendors. There are two ways to take advantage of this exciting deal: Visit a participating Farmer’s Market—Every time you spend 30 dollars or more, you will get an EXTRA 30 dollars worth of fruits and vegetables. Stop by any Monterey County La Princesa Market and receive up to 15 dollars a day with a 50% discount on your purchase of California-grown produce. For more information, and to see where to take advantage of these fantastic deals, text “FOOD” to (831) 215-3342, or visit www.calfresh.org.

7. CONSENT AGENDA
PUBLIC COMMENT: Robert Daniels
On motion by Council/Agency Member Miller and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt the consent agenda as presented.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
A. APPROVE MINUTES FROM MAY 2, 2024
ACTION: APPROVED
B. APPROVE PROCLAMATION RECOGNIZING MAY 19 - 25, 2024, AS "NATIONAL PUBLIC WORKS WEEK"
ACTION: APPROVED
C. APPROVE A PROCLAMATION RECOGNIZING MAY 15, 2024, AS
"NATIONAL PEACE OFFICERS MEMORIAL DAY", AND MAY 12-18, 2024, AS "NATIONAL POLICE WEEK"
ACTION: APPROVED
D. APPROVE PROCLAMATION RECOGNIZING MAY 5TH-11TH, 2024 AS

NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEE APPRECIATION WEEK
ACTION: APPROVED
E. APPROVE A PROCLAMATION RECOGNIZING LENORA SHERMAN BEAN AS Packet Page 23
Thursday, May 16, 2024 City Council REGULAR Meeting Page 4

A RECIPIENT OF THE MAYORS KEY TO THE CITY
ACTION: APPROVED
F. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM

SEASIDE HIGH SCHOOL BLACK STUDENT ALLIANCE FOR COST

ASSOCIATED WITH THEIR TRIP TO VISIT HISTORICALLY BLACK

COLLEGES AND UNIVERSITIES, AFRICAN AMERICAN CIVIL RIGHTS AND

HISTORY MUSEUMS, AND PEACE AND JUSTICE MEMORIAL IN

LOUISIANA, MISSISSIPPI, AND ALABAMA
ACTION: APPROVED
G. APPROVE A FEE WAIVER FROM MONTEREY PENINSULA RAMAYAN

MANDALI FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON OCTOBER 12, 2024
ACTION: APPROVED
H. APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE JUNE 28 - JULY 5 BY MONTEREY CONDORS CLUB, SEASIDE AQUATIC CLUB INC., MONTEREY BAY CHRISTIAN CENTER, WORLD OUTREACH SERVICES INC., IGLESIA VIDA CAMINO VERDAD OF THE

ASSEMBLES OF GOD, THE VILLAGE PROJECT AND RECOGNIZING

MILITARY SERVICE CENTER
ACTION: APPROVED
I. APPROVE A MAYOR'S YOUTH FUND CONTRIBUTION REQUEST FROM WE

WORSHIP COLLECTIVE FOR COST ASSOCIATED WITH THEIR YOUTH

SUMMER CAMP
ACTION: APPROVED
J. ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2024-2025 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS,

AND AUTHORIZING STAFF TO SUBMIT TO THE CALIFORNIA

TRANSPORTATION COMMISSION
ACTION: ADOPTED RESO
K. ADOPT A RESOLUTION AUTHORIZING THE AMENDMENT AND
SUBMISSION OF THE REGIONAL EARLY ACTION PLANNING (REAP 2.0)

GRANT APPLICATION FOR HOUSING ELEMENT IMPLEMENTATION

ACTIVITIES
ACTION: ADOPTED RESO
L. ADOPT A RESOLUTION APPROVING AN ON-CALL CONSULTANT LIST FOR Packet Page 24
Thursday, May 16, 2024 City Council REGULAR Meeting Page 5

HAZARDOUS MATERIALS INVESTIGATION, WASTE

CHARACTERIZATION, AND REMEDIATION DESIGN AND INSPECTION

SERVICES
ACTION: ADOPTED RESO
M. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO

EXECUTE A USE AGREEMENT WITH THE SEASIDE AQUATICS CLUB FOR A FIREWORKS BOOTH ON A CITY-OWNED PARKING LOT LOCATED AT 490

BROADWAY AVENUE
ACTION: ADOPTED RESO
N. ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A USE AGREEMENT WITH THE VILLAGE PROJECT INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271

CANYON DEL REY BOULEVARD
ACTION: ADOPTED RESO
O. ADOPT A RESOLUTION CREATING THE POSITION OF INFORMATION TECHNOLOGY DIRECTOR, AMENDING THE FISCAL YEAR 2023-24

BUDGET AND MODIFYING THE POSITION ALLOCATION LIST TO

REFLECT ORGANIZATIONAL CHANGES
ACTION: ADOPTED RESO
P. ADOPT A RESOLUTION APPROVING THE REMOTE MEETING

PARTICIPATION POLICY AND REINSTATING THE ACCEPTANCE OF

PUBLIC COMMENT VIA VIRTUAL TELE-CONFERNCING PLATFORM
(CURRENTLY ZOOM) EFFECTIVE JUNE 6, 2024
ACTION: NO ACTION – PULLED FROM AGENDA
Q. ADOPT A RESOLUTION CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS A QUESTION “SHALL THE TERM OF OFFICE FOR MAYOR BE FOUR YEARS?” COMMENCING WITH THE 2026 GENERAL MUNICIPAL ELECTION
ACTION: ADOPTED RESO
R. REVIEW AND TAKE ACTION ON THE TRAFFIC ADVISORY COMMITTEE RECOMMENDATION FOR 2 HOUR PARKING IN FRONT OF 1424-1444

FREMONT BOULEVARD
ACTION: APPROVED

8. PUBLIC HEARING
Packet Page 25
Thursday, May 16, 2024 City Council REGULAR Meeting Page 6 A. GENERAL PLAN AMENDMENT GPA-24-01: AN AMENDMENT TO THE

GENERAL PLAN OF THE CITY OF SEASIDE TO REPEAL AND REPLACE THE

ENTIRETY OF THE GENERAL PLAN, EXCLUDING THE HOUSING ELEMENT, WITH A NEW GENERAL PLAN, ENTITLED SEASIDE 2040; AND

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE

PROJECT
Andy Myrick, Economic Development & Community Planning Manager provided a presentation reviewing the new general plan entitled Seaside 2040.

PUBLIC COMMENT: Laura Davis, Patrick Furtado, Bill Weigl, Tanya Roos, Kay Cline On motion by Mayor Pro Tem Pacheco and second by Council/Agency Member Burks and carried by the following, the City Council/Successor Agency moved to adopt a resolution certifying the final environmental impact report for the Seaside 2040 general plan update project, make the CEQA findings, and adopt a mitigation monitoring and reporting program.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NOES
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO
On motion by Council/Agency Member Burks and second by Council/Agency Member Garcia-Arrazola, and carried by the following vote, the City Council/Successor Agency moved to adopt a resolution amending the seaside general plan to repeal and replace the entirety of the seaside general plan, excluding the housing element, with a new general plan entitled Seaside 2040.

RESULT: 4-1-0-0
AYES: BURKS, GARCIA-ARRAZOLA, OGLESBY, PACHECO
NOES: MILLER
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO

9. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE UPDATED SIDEWALK
INSPECTION AND REPAIR PROGRAM; RECEIVE AN UPDATE ON
SIDEWALK MAINTENANCE; AND APPROVING AN ENCROACHMENT

PERMIT FEE WAIVER FOR PROPERTY OWNERS REQUIRED TO REPAIR

OR REPLACE THE SIDEWALK FRONTING THEIR PROPERTY
Packet Page 26
Thursday, May 16, 2024 City Council REGULAR Meeting Page 7 Nisha Patel, Public Works Director/City Engineer, provided a presentation reviewing the sidewalk inspection and repair program. The updates proposed were to clarify the documentation and maintenance process, and to include an option for property owners to pay for the City to initiate repairs.

PUBLIC COMMENT: None
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller, and carried by the following vote, the City Council/Succcessor Agency moved to approve the updated sidewalk inspection and repair program; and approve an encroachment permit fee waiver for property owners required to repair or replace the sidewalk fronting their property.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO
B. RECEIVE A PRESENTATION AND CONSIDER ADOPTING A RESOLUTION

APPROVING THE CITY OF SEASIDE PARKS AND RECREATION MASTER PLAN
Dan Meewis, Recreation Director, introduced consultant, Steve Duh, Conservation Technix, Inc. Mr. Duh provided a presentation reviewing the Parks & Recreation Master Plan, its community engagement efforts.

PUBLIC COMMENT: Rachel Christopherson, Bobby Maxwell, Tanya Roos On motion Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the parks and recreation master plan.

RESULT: 5-0-0-0
AYES: BURKS, GARCIA-ARRAZOLA, MILLER, OGLESBY, PACHECO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ACTION: ADOPTED RESO

10. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
Packet Page 27
Thursday, May 16, 2024 City Council REGULAR Meeting Page 8 None
B. FOLLOW UP ON PREVIOUS REQUESTS
None

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

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

12. CLOSED SESSION
Sheri Damon, City Attorney, read the closed session items and expected to provide a report out.

Negotiating Parties: KBB Seaside Venture, et al. and City of Seaside Under Negotiation: price, terms of payment or both
No report.

B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
Monterey County Superior Court
Case Name: Arzadon, et al. v. City of Seaside, et al.

Case Number: Case # 20CV003118
May 10, 2024, the court entered an order to award the City $177,818.83 for the recovery of cost associated with addressing the abatement of a drug house.

C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (d)(2)
Potential Litigation (2 Matters)
No report.

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9-EXISTING LITIGATION
Monterey County Superior Court
Case Name: Petrovich Development, et al. v. City of Seaside, et al.

Case Number: Case # 21CV003630
Packet Page 28
Thursday, May 16, 2024 City Council REGULAR Meeting Page 9 The City Council decided to pursue a conditional settlement of $850,000.00

13. ADJOURNMENT
With no further business the meeting adjourned at 8:55 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 29

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: June 6, 2024
SUBJECT: APPROVE AND FILE CITY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of February 24, 2024 through April 12, 2024, including the payroll and benefits checks, direct deposits, and wired payments related to the pay period ending March 1, 2024, March 15, 2024, and March 29, 2024. Total Accounts Payable and Payroll for the above referenced period is $9,345,920.31.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that the checks can be inspected and confirmed. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoices have been reviewed by the Finance Department prior to payment to ensure that they conform to the approved budget.

Therefore, in accordance with Government Code Section 37208, the above referenced and linked list of checks conforms to the approved budget and has been paid. These checks are submitted to the City Council for inspection and confirmation.

A description of the checks and wires exceeding $10,000.00 are as follows:
• $14,604.26 to Advexure LLC for Drone equipment and accessories for the Police Department.
• $10,812.50 to Allen Huggins for Professional investigative services to support the Police Department.

Packet Page 30

Item No. 8.B. Page 2 of 5
• $13,505.00 to William Khieu, MD, Professional Corp. for Medical exam services for the Fire Department.
• $40,620.00 to Atkinson, Andelson, Loya, Ruud & Romo for Professional legal services for the period of January 2024.
• $18,495.00 to Burke, Williams & Sorensen, LLP for Professional legal services to assist the City Attorney for the periods of November 2023 & January 2024. • $17,590.47 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 1/23/24-2/24/24. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
• $16,975.55 to California-American Water for Water consumption for multiple City of Seaside service addresses. Billing period of 2/23/24-3/22/24. Service addresses include city buildings, parks, fire hydrants, irrigation stations, and city affordable housing.
• $25,000.00 to Community Partnership for Youth for Community social services grant reimbursement request for the quarter from April 1, 2024 through June 30, 2024.
• $17,127.84 to Conservation Technix Inc. for Professional services for the parks & recreation master plan for the period of February 2024. • $197,148.00 to County of Monterey for Payment for FY 2023-24 Quarter 4 Dispatch Services.
• $11,745.00 to CSG Consultants, Inc. for Professional services for Highland Otis Landscape Project for the periods of November 27, 2023 through December 24, 2023.
• $12,522.50 to DKS Associates for Professional transportation services for the period ending 2/29/24.
• $22,254.67 to Don Chapin Company, Inc. for Construction services for the Hot Spot Pavement Repair Project FYE 2023.
• $18,297.23 to Enterprise FM Trust for the monthly payment for (21) leased City vehicles for the period of March 2024.
• $21,508.68 to Enterprise FM Trust for the monthly payment for (21) leased City vehicles for the period of April 2024.
• $34,794.40 to Fermin M. Gonzales for Completion of stars installation for the Walk of Fame 2023 project.
• $96,744.55 to Granite Rock Company for Construction materials and services for the Pavement Rehab Project (Phase 4).
• $82,879.93 to Granite Rock Company for Construction services for Cutino Park Improvement Part 2, Phase 1 through February 29, 2024.
• $68,468.68 to Harris & Associates, Inc. for Campus Town Phase 1 Demolition services for the period of January 2024; Pavement Rehab Project services for the periods of May 2023 through January 2024.
• $11,300.25 to Hope Services for Maintenance services for the period of February 2024.
• $21,000.00 to JEA & Associates for Fees for professional services for the periods Packet Page 31

Item No. 8.B. Page 3 of 5
of February-April 2024.
• $15,621.04 to John C Gemma for HPe Nimble Storage Support 3-Year Renewal; Network support services for the periods of January-March 2024. • $159,971.57 to Kimley-Horn and Associates, Inc. for Professional services for the Campus Town project outstanding fees for calendar year 2023. • $14,267.86 to Kraemer Engineering Inc. for Construction services for Fernando Park Improvements project for FYE 2023.
• $12,500.00 to Meals on Wheels of the Monterey Peninsula for CDGB expenses for home delivered meals for Quarter 3 FYE 2024.
• $25,460.33 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of December 2023 for the 13 Seaside motels/hotels.
• $25,672.68 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of January 2024 for the 13 Seaside motels/hotels.
• $27,362.61 to Monterey Co. Convention & Visitor's Bureau for TID (Tourism Improvement District) remittance for the reporting period of February 2024 for the 13 Seaside motels/hotels.
• $97,805.16 to Monterey Peninsula Engineering for Professional services for Yosemite/San Pablo Drain Inlet Improvements project.
• $17,887.00 to Monterey Peninsula Engineering for Professional construction services of the Lincoln Cunningham Basketball Court for the retention release. • $31,186.51 to Monterey Peninsula Water Mgmt District for Seaside Basin Water master services for the periods of July-December 2023.
• $58,441.68 to Parametrix, Inc. for Professional development services through February 3, 2024: a local road traffic safety plan; traffic-calming plan for the mile-long Hilby Avenue corridor; San Pablo traffic-calming services; on-call services.
• $39,560.35 to Parametrix, Inc. for Professional development services through March 2, 2024: Traffic calming plan for the mile-long Hilby Avenue corridor & San Pablo traffic-calming plan.
• $11,730.00 to Pavement Engineering, Inc. for Professional services for the Pavement Rehab Project (Phase 5).
• $80,594.45 to PG&E for Collective acts for streetlights, highway lighting, park lights and city office buildings. Service for the statement period of February 2024.
• $60,000.00 to Premo Roofing Company for Re-roof services for Corp Yard located at 610 Olympia Ave.
• $37,919.50 to Raimi & Associates, Inc. for Professional services for the City's 6th Cycle Housing Element for the periods of November 2023-January 2024. • $19,819.42 to Randazzo Enterprises Inc. for clean-up services for the Fort Ord fuel spill.
• $11,987.50 to Robert S. Jaques for Water master tech program management services for the periods of February & March 2024.

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Item No. 8.B. Page 4 of 5
• $11,062.45 to RRM Design Group for Professional design services for the Fire Station 1 kitchen remodel project for the periods of December 2024 & January 2024.
• $14,367.75 to RRM Design Group for Professional architectural and engineering services for the Fire Station 2 project for the period of January 2024. • $95,754.88 to Salinas Valley Ford for the purchase of a 2024 F-550 regular cab truck.
• $21,978.00 to Schaaf & Wheeler, Consulting Civil Engineering for Professional engineering services Storm Drain Master Plan project.
• $10,163.36 to Sturdy Oil Company for 2,300 gallons of regular gas (ethanol) delivered to the public works department on 3/13/24.
• $25,000.00 to The Village Project, Inc. for Community social services grant reimbursement request for the period January through March 2024. • $19,384.24 to TAPCO Inc. for the purchase of supplies for street sign upgrades. • $693,384.79 to Transportation Agency for Monterey County for Impact fees for Costco Gas Station & Ascent projects.
• $412,072.67 to Transportation Agency for Monterey County for Impact fees for Enclave at Cypress Grove TAMC.
• $975,303.43 to U.S. Bank St. Paul for City of Seaside joint powers financing authority lease revenue bonds (2006 Bayonet and Blackhorse Golf Course, Measure X Road Improvements, and Cutino Park Improvement projects). • $58,588.65 to U.S. Bank-Calcard for City of Seaside purchase card transactions for the billing period of February 2024.
• $60,106.50 to U.S. Bank-Calcard for City of Seaside purchase card transactions for the billing period of March 2024.
• $36,557.00 to Wallace Group for February 2024 invoices for projects: Ord Terrace Elementary School crossing, Cutino Park improvements (Part 2, Phase 1), Del Monte LID, Bike Safe Storm Grates, FOG Program Development/Training, Campus Town Water Augmentation, Lincoln Cunningham Basketball Court Improvements, Fernando Park Improvements, and on-call engineering support services.
• $31,830.32 to Wallace Group for January 2024 invoices for projects: Cutino Park improvements (Part 2, Phase 1) & Fernando Park Improvements. • $13,575.48 to Whitson Engineers for February 2024 invoices for projects: Cutino Park improvements, Yosemite/San Pablo Storm Drain, and Lincoln Cunningham Arterial Trail.

The Net Payroll and Payroll benefits total was $3,767,006.14.

The remaining checks, totaling $1,578,602.48, include payments to vendors for operating expenditures.

The check report is available on the City's website here:

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Item No. 8.B. Page 5 of 5
https://www.ci.seaside.ca.us/194/Check-Draft-Register

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: Successor Agency to the Redevelopment Agency of the City of Seaside FROM: Nicholas Borges, Acting City Manager
BY: Loreene Bermudez-Onate, Accountant II
DATE: June 6, 2024
SUBJECT: APPROVE AND FILE SUCCESSOR AGENCY CHECKS

RECOMMENDATION
Approve and file the accounts payable and wired payments made during the period of February 24, 2024 through April 12, 2024, including the payroll and benefits checks, direct deposits and wired payments related to the pay period ending March 1, 2024, March 15, 2024, and March 29, 2024. Total Accounts Payable and Payroll for the above referenced period is $2,842.44.

BACKGROUND
In accordance with Government Code Section 37208, at each City Council meeting, the Council is provided a listing of the payroll and general checks issued since the last report so that it can inspect and confirm these checks. Each purchase has been reviewed and approved by the department making the purchase at the time of procurement. The invoice has been reviewed by the Finance Department prior to payment to ensure that it conforms to the approved budget.

A description of the checks and wires exceeding $10,000 are as follows:
• No checks exceeded $10,000.

The Checks report is available on the City's website here:
https://www.ci.seaside.ca.us/194/Check-Draft-Register
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Item No. 8.C. Page 2 of 2

FISCAL IMPACT
There are no additional fiscal impacts.

ATTACHMENTS
None
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING JUNE 2024 AS

PRIDE MONTH IN THE CITY OF SEASIDE

RECOMMENDATION
Proclaim the month of June as Pride Month in the City of Seaside.

BACKGROUND
Lesbian, Gay, Bisexual, Transgender and Queer/Questioning persons (LGBTQ+) Pride Month is currently celebrated each year in the month of June to honor and remember the 1969 Stonewall Riots.

FISCAL IMPACT
None

ATTACHMENTS

1. 2024 Pride Month Proclamation
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

PROCLAMATION
RECOGNIZING JUNE AS LGBTQ+

PRIDE MONTH
June 2024
WHEREAS, the City of Seaside has a diverse Lesbian, Gay, Bisexual, Transgender and Queer/Questioning persons (LGBTQ+) community and is committed to celebrating and supporting visibility, dignity and equity for all people in the community; and WHEREAS, many of our residents within the City of Seaside that contribute to the enrichment of our City are a part of the LGBTQ+ community; and
WHEREAS, The City of Seaside has a long and proud history of inclusion and civil rights; and WHEREAS, the City of Seaside commends the bravery and courage of all those in the LGBTQ+ community that face adversity and various forms of violence; and WHEREAS, The Supreme Court decision guaranteeing marriage equality in all 50 States was a historic victory for the LGBTQ+ community, yet our country still has far to go with respect to the equitable treatment of the LGBTQ+ community; and
WHEREAS, continued opposition and oppression against members of the LGBTQ+ community make it important for cities to stand up and show solidarity and support for our LGBTQ+ residents and the community at large; and
WHEREAS, several cities across the United States recognize and celebrate June as LGBTQ+ Pride Month, which has become a symbolic month in which the LGBTQ+ community and allies come together in various celebrations of pride; and
WHEREAS, City Hall will be lit in pride colors; and the pride flag will be flown for the month of June.

NOW, THEREFORE BE IT PROCLAIMED, Ian N. Oglesby Mayor of the City of Seaside, do hereby proclaim the month of June 2024, as Lesbian, Gay, Bisexual, Transgender and Queer/Questioning Persons Pride month in the City of Seaside, symbolizing the City’s celebration of diversity.
_________________________
Ian N. Oglesby, Mayor
June 6, 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: APPROVE LETTER OF SUPPORT FOR AN ACTIVE

TRANSPORTATION PROGRAM GRANT APPLICATION FOR THE

FORT ORD RECREATION TRAIL AND GREENWAY (FORTAG)

PROJECT

RECOMMENDATION
Approve the letter of support for the Active Transportation Program grant as drafted.

BACKGROUND
The Active Transportation Program awards competitive grants for projects that encourage increased use of active modes of transportation, such as walking and biking.

The Fort Ord Regional Trail and Greenway is a 28-mile multi-use trail that will create a wide, landscaped pathway for people of all ages and abilities through urban areas and open space. The trail will connect disadvantaged communities in Seaside, Marina, and Monterey County to the regional network of trails including the Materey Bay Sanctuary Scenic Trail. Environmental review for the entire Fort Ord Regional Trail and Greenway was completed in 2020.

The Laguna Grande segment of the Fort Ord Regional Trail and Greenway proposes a wheelchair accessible trail entering Laguna Grande Regional Park at Fremont Blvd and Highway 218 and rehabilitation of existing trails within the Park. The proposed segment also includes a multi-use sidewalk connection to the North Fremont median bike lanes from Casanova Ave into Laguna Grande Regional Park.

The Laguna Grande segment of the trail is a strong candidate for Active Transportation Program funding. The project fulfills the program's goals of increasing the proportion of trips accomplished by walking and biking, increasing the safety and mobility of nonPacket Page 39

Item No. 8.E. Page 2 of 3
motorized users, advancing efforts of regional agencies to achieve greenhouse gas reduction goals, enhancing public health, and providing a broad spectrum of projects to benefit many types of users including disadvantaged communities.

The proposed project builds on the funding that the City of Seaside will receive for the Recreation Trails Program grant for the rehabilitation of the existing trails within Laguna Grande Regional Park, including way-finding and interpretive signage. The main features of the proposed project, all of which are included in the environmental analysis for the Fort Ord Regional Trail and Greenway, include:
• Links to the North Fremont Street median bike lanes and the funded segment from Laguna Grande to Frog Pond.
• Paving the DG trails at the south end of Laguna Grande Regional Park and extending the trail connect to the intersection of 218 and Fremont Boulevard. • A multi-use sidewalk connection to the North Fremont median bike lanes from Casanova Ave into Laguna Grande Regional Park.

The main benefits of the proposed segment include:
• Leveraging local funds to potentially bring in more than $10 million in state funds to Monterey County
• Connections to two adjacent bicycle and pedestrian projects funded by the state Active Transportation Program grants (City of Monterey's North Fremont median bike lanes and pedestrian improvements and the Transportation Agency's Highway 218 segment of the Fort Ord Regional Trail and Greenway. • Wheelchair access to Laguna Grande Regional Park at the intersection of Fremont Blvd and Highway 218.
• Safer pedestrian and bicycle access, including facilities for mobility-impaired users, to Laguna Grande Regional Park.
• Increased connectivity to popular outdoor and recreational space for the communities of Seaside and Monterey. The Laguna Grande Regional Park currently serves as the staging area for the City of Seaside's Sunday Blues in the park for other community events.

Transportation Agency staff recommends the City Council support the Active Transportation Program grant application for submission and issue a letter of support by the deadline of Monday, June 17th. Funding awards will be decided in December 2024, and funds are expected to be programmed in July 2025.

FISCAL IMPACT
The California Transportation Commission is expected to provide approximately $569 million for projects statewide. Funding priority is given to projects that leverage private, Packet Page 40

Item No. 8.E. Page 3 of 3
federal, or local funds. The City of Monterey will contribute an estimated $500,000 local match for the multi-use sidewalk connection to the North Fremont median bike lanes.

Measure X funds designated for the Fort Ord Regional Trail and Greenway project (as described in the Transportation Safety and Investment Plan) will fill any remaining funding gap.

ATTACHMENTS

1. FORTAG Letter of Support
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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RECREATION DEPARTMENT
986 Hilby Avenue Telephone 831-899-6800
Seaside, CA 93955 Fax 831-899-6274
www.ci.seaside.ca.us
Include, Innovate, Inspire
May 16, 2024
Caltrans
Division of Local Assistance, MS-1
Attn: Chief, Office of Active Transportation and Special Program P.O. Box 942874
Sacramento, CA 95814
RE: Support for the Fort Ord Regional Trail and Greenway (FORTAG) – Laguna Grande Segment & North Fremont Gap Project
Dear Active Transportation Program Selection Committee:

I am writing on behalf of The City of Seaside to express support for the Transportation Agency for Monterey County’s grant application for the Fort Ord Regional Trail and Greenway (FORTAG) – Laguna Grande Segment, including the North Fremont Gap Project. This project will create safe connections for people walking and biking between Laguna Grande Regional Park and three neighboring parks, which are currently separated by highvolume, high-speed roadways. It will also connect Laguna Grande Park to the Canyon Del Rey segment of the FORTAG trail, which will start construction this summer.

The FORTAG was envisioned and planned by local residents led by two Cal State professors with the goal of transforming active transportation in Monterey County. The FORTAG is a 28-mile multi-use trail that will create a wide, landscaped pathway for people of all ages and abilities through urban areas and open space. The trail will connect disadvantaged communities in Seaside, Marina, and Monterey County to the regional network of trails including the Monterey Bay Recreation Trail. The FORTAG will spur a new level of healthy physical activity in a region that displays high rates of obesity and diabetes.

The FORTAG Laguna Grande segment closes two gaps in the regional multi-use path network and will connect disadvantaged communities in the Seaside to elementary schools, employment centers in Monterey, health services, and recreation opportunities. The FORTAG Laguna Grande segment will also connect to the Canyon Del Rey segment of FORTAG, a 1.5-mile segment which runs alongside State Route 218 through three parks and ends at Del Rey Woods Elementary School.

After an extensive public engagement process and completion of the FORTAG environmental impact report, the Laguna Grande segment is now ready for design and construction. It will leverage local Measure X funding and enjoys strong support from the Cities of Seaside and Monterey, the Monterey Peninsula Regional Parks District, and residents.

The inclusion of the North Fremont Project which is adjacent to the Laguna Grande Segment of FORTAG increase the connectivity to Laguna Grande Parking and the neighboring City of Seaside.

The City of Seaside supports this important active transportation project and asks that you approve the grant request. Thank you for your consideration of this project.

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Sincerely,
(Name)
City of Seaside
(Title)
Cc: Todd Muck, Executive Director, Transportation Agency for Monterey County Packet Page 43

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: APPROVE A FEE WAIVER FROM HINDU TEMPLE OF MONTEREY

PENINSULA FOR THE USE OF THE LAGUNA GRANDE HALL AND

KITCHEN FOR THEIR COMMUNITY DINNER NIGHT EVENT ON
NOVEMBER 16, 2024

RECOMMENDATION
Approve the fee waiver request from the Hindu Temple of Monterey Peninsula for the use of Laguna Grande Hall and kitchen to hold their Community Dinner Night in the amount of $618.75, the Organization to provide the City with the non-refundable portion of the deposit of $98.25, and provide the City with their insurance.

BACKGROUND
The Hindu Temple of Monterey Peninsula is a non-profit organization, and they are requesting a fee waiver to help cover the costs associated with their Community Dinner Night on Saturday, November 16, 2024, from 12:00 p.m. to 11:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center.

Staff recommends that the fees be waived for the rental cost of the facility and that the organization provide liability coverage and pay only the non-refundable portion of the deposit of $98.25 to go towards the building maintenance fund.

The City Council has approved this request on an annual basis since 2015.

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

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Item No. 8.F. Page 2 of 2
Laguna Grande Hall & Kitchen Fee 11 Hours @ $56.25 $618.75 Deposit Non-Refundable Portion $ 98.25
TOTAL $717.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the insurance and the non-refundable deposit only, the fiscal impact is $618.75 out of account 100.3672.

ATTACHMENTS

1. Hindu Temple of Monterey Peninsula Fee Waiver - Community Dinner Night 2024

2. Hindu Temple of Monterey Peninsula - 501(C)(3)
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM NARCOTICS

ANONYMOUS FOR THE USE OF LAGUNA GRANDE HALL FOR A
WOMEN'S BRUNCH ON MARCH 01, 2025

RECOMMENDATION
Approve the fee waiver request from Narcotics Anonymous for the use of Laguna Grande Hall and Kitchen to hold their Women's Brunch in the amount of $618.75, with the organization providing the City with the non-refundable portion of the deposit of $98.25.

BACKGROUND
The Monterey County Area Narcotics Anonymous Women's Brunch Committee is requesting a fee waiver for use of the Oldemeyer Center auditorium for a women's brunch on March 01, 2025. Their mission for the Women's Brunch is to introduce women new to recovery to Narcotics Anonymous for support, fun and fellowship. Their experience has been that women from all over the state will attend the brunch. Each member is asked to bring the women that they sponsor to the event. Many of the women that attend the event will stay over in Seaside and enjoy local restaurants and businesses.

The last fee waiver submitted to the City Council for Narcotics Anonymous was approved on May 18, 2023, and the City Council has approved a fee waiver for the Women's Brunch annual since 2010. The organization will provide their own insurance.

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

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Item No. 8.G. Page 2 of 2
Laguna Grande Hall Fee 11 hours at $56.25 $618.75
Non-Refundable Deposit $ 98.25
TOTAL $717.00
Should the City Council approve the request with the staff recommendation to waive all rental fees but require payment for the non-refundable deposit only, the fiscal impact is $618.75.

ATTACHMENTS

1. Narcotics Anonymous Fee Waiver (Women's Brunch) 2024

2. 501(c)(3) - Narcotics Anonymous
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: APPROVE A REQUEST FROM BLACK LEADERS AND ALLIES

COLLABORATIVE FOR SPONSORSHIP IN THE AMOUNT OF TWO
THOUSAND ($2,000.00), AND USE THE CITY LOGO ON

PROMOTIONAL MATERIALS FOR THE MONTEREY COUNTY
RACE RELATIONS SUMMIT MEETING ON JULY 12, 2024, TO BE

HELD AT EMBASSY SUITES HOTEL IN SEASIDE

RECOMMENDATION
Approve the request and make a contribution to the Monterey County Race Relations Summit Meeting in the amount of $2,000.00 and allow the use of the City logo on promotional materials.

BACKGROUND
This report is to review a request from Dirrick Williams, Executive Director of Black Leaders and Allies Collaborative (BLAC), for sponsorship in the amount of two thousand dollars ($2,000.00) and use of the City of Seaside logo on promotional materials for the Monterey County Race Relations Summit Meeting on July 12, 2024, to be held at Embassy Suites Hotel in Seaside.

At the June 15, 2023, meeting, the City Council received a presentation from Dirrick Williams, Executive Director of Black Leaders and Allies Collaborative (BLAAC) regarding its 2023, Monterey County Race Relations Summit Meeting which was held on July 14, 2023, at Embassy Suites Hotel in Seaside.Mr. Williams' presentation included background information about BLAAC, which is a non-profit organization that works to promote racial equality and social justice in Monterey County. As a follow-up to the presentation that was made in June 2023, BLAAC requested a sponsorship of ($1,500) from the City of Seaside. The sponsorship helped cover the cost of the summit. The Packet Page 63

Item No. 8.H. Page 2 of 2
associated costs for the event are for the speakers, workshops, and materials. In exchange for the sponsorship, BLAAC would agree to use the City of Seaside logo on all promotional materials for the summit.

The premise of the Monterey County Race Relations Summit is that it will become an annual event that brings together community leaders, activists, and residents to discuss issues of race and racism. The summit is designed to build understanding and cooperation between different racial and ethnic groups in the community.

The City of Seaside has a strong commitment to promoting racial equality and social justice. The Monterey County Race Relations Summit is an event that can help to build a more inclusive and equitable community.

This is the second request from BLAAC, and they received ($1,500) in July 2023. BLAAC has been vetted through the process for a fee waiver and submitted proof of non-profit status and 501 3(c).

FISCAL IMPACT
The amount of two thousand ($2,000.00) is within the City Manager's authority to be funded by the Community Relations account (100-2010-1024).

ATTACHMENTS

1. BLAAC IRS Determination Letter
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING A PROCLAMATION
RECOGNIZING JUNE 19, 2024 AS JUNETEENTH INDEPENDENCE
DAY AND TO RAISE THE JUNETEENTH FLAG FROM JUNE 15
THROUGH JUNE 21, 2024

RECOMMENDATION
Adopt a resolution recognizing Juneteenth Independence Day and to raise the Juneteenth flag from June 15 to June 21, 2024.

BACKGROUND
Juneteenth (a combination of the words "June" and "Nineteenth") memorializes the day when federal troops arrived in Galveston, Texas in 1865, to take control of the state and ensure that all enslaved people be free. The troops' arrival was not until two and a half years after the signing of the Emancipation Proclamation. Juneteenth celebrates and honors the end of slavery in the United States.

The City of Seaside will be co-sponsoring with Action Council, Building Healthy Communities the annual Juneteenth Jubilee on Saturday, June 15, 2024. During this event there will be a variety of activities that will feature motivational speakers and live music. . Action Council, Building Healthy communities has requested to have a celebratory flag rasing ceremony to fly the Juneteenth flag during the event, and through the following week. Per the City of Seaside's flag policy, only flags that have been approved by the Library of Congress may be flown on City flag poles unless authorized by a City Council resolution. Building Healthy Communities is requesting that the City of Seaside City Council authorize a resolution so the Juneteenth flag can be flown from Saturday, June 15, 2024 through Friday, June, 21, 2024.

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Item No. 8.I. Page 2 of 2

FISCAL IMPACT
There is no fiscal impact.

ATTACHMENTS

1. 2024 Juneteenth Proclamation

2. 2024 Juneteenth Flag Resolution
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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CITY OF SEASIDE

PROCLAMATION

RECOGNIZING JUNETEENTH INDEPENDENCE DAY
June 2024
WHEREAS, Juneteenth, or Juneteenth Independence Day, commemorates the traditional observance of the end of slavery in the United States and is observed annually on June 19; and WHEREAS, On January 1, 1863 President Lincoln issued the Emancipation Proclamation, officially ending slavery in the United States of America; and declaring that “all persons held as slaves within any State or designated part of the State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free;” and
WHEREAS, More than two years would pass before the news reached African Americans living in Texas, when on June 19, 1865, Union Major General Gordon Granger and his regiment arrived in Galveston and spread the word that slavery had been abolished; and WHEREAS, Each year, many African Americans celebrate the day known as “Juneteenth” as the true anniversary of the end of slavery and presently commemorates African American freedom and emphasizes education and achievement; and
WHEREAS, The observation of Juneteenth is an important milestone in our nation’s long march towards equality, and is a reminder of the great contributions African-Americans have made as free citizens of our nation, as well as the injustices they suffered as slaves; and WHEREAS, the courage of our forebears of all races and creeds who gave their lives to the fight against slavery and injustice; and
WHEREAS, Juneteenth is an important opportunity to honor the principles of the Declaration of Independence and celebrate the achievement, contributions and culture of African Americans.

NOW THEREFORE BE IT PROCLAIMED, that I, The Honorable Ian N. Oglesby Mayor of the City of Seaside, on behalf of the City Council, do hereby proclaim June 19 2024, as Juneteenth Independence Day in the City of Seaside.
_________________________
Ian N. Oglesby, Mayor
June 6, 2024
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE TO RAISE THE JUNETEENTH FLAG ON SATURDAY, JUNE 15, 2024, AND FLY THROUGH JUNE, 21, 2024
WHEREAS, on June 3, 2021 the City Council designated the list of commemorative observances as codified by the Library of Congress; and WHEREAS, The City of Seaside adopted the Commemorative Flag Observances and Flag Policy on July 1 2021; and
WHEREAS, since the Juneteenth flag is not identified in the City’s Commemorative Flag Observances and Flag Policy before raising the flag; and WHEREAS, Action Council, Building Healthy Communities has requested the raising of the Juneteenth Flag on Saturday, June 15, 2024, and fly through Friday, June 21, 2024 ;and
WHEREAS, Juneteenth, or Juneteenth Independence Day, commemorates the traditional observance of the end of slavery in the United States and is observed annually on June 19; and
WHEREAS, Each year, many African Americans celebrate the day known as “Juneteenth” as the true anniversary of the end of slavery and presently commemorates African American freedom and emphasizes education and achievement; and NOW, THEREFORE, BE IT RESOLVED that this Resolution show the proud support of Juneteenth and to fly the Juneteenth flag from June 15, 2024 through June 21, 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

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

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AN ON-CALL CONSULTANT

LIST FOR ENVIRONMENTAL SERVICES

RECOMMENDATION
Adopt a resolution approving the following firms as qualified to provide Environmental Services:

1. Denise Duffy & Associates, Inc.

2. EMC Planning Group

3. Rincon Consultants, Inc.

4. Terracon Consultants, Inc.

BACKGROUND
The City of Seaside requires qualified firms to provide professional environmental consultant services for City projects and improvements. Services may include project site surveys; CEQA/NEPA determinations; preparation of environmental assessments and impact reports, including Initial Studies, (Mitigated) Negative Declarations, and Environmental Impact Reports; preparation (or oversight of preparation by a third party) of supplemental studies needed for the preparation of any environmental assessment or impact report, such as biological surveys, archaeological surveys, etc.; regulatory agency permitting; traffic impact analysis, Federal, Tribal, Regional and State Consultations; and/or On-Site Monitoring (during construction).

City staff released a Request for Qualifications (RFQ) on April 4, 2024 seeking qualified firms or individuals to provide Environmental Services within the City of Seaside. By the April 25, 2024 deadline, the City received Statement of Qualifications (SOQs) from five firms. City staff reviewed the SOQs based upon criteria presented in the RFQ and Packet Page 71

Item No. 8.J. Page 2 of 2
selected four firms as qualified firms to meet the City’s needs:

1. Denise Duffy & Associates, Inc of Monterey, CA

2. EMC Planning Group of Monterey, CA

3. Rincon Consultants, Inc of Monterey, CA

4. Terracon Consultants, Inc. of Monterey, CA
The On-Call environmental services consultant list will have a term of three years with the option to issue one-year extensions twice at the discretion of the City Manager. If approved, the on-call consultant(s) may or may not be called upon by the City to provide services. To retain professional services from a consultant, staff would secure a proposal from one or more consultants and then negotiate the scope, schedule, and fee with the selected consultant based upon their hourly fee schedule and the project scope of work. Staff would bring professional services agreements with the selected consultant to the City Council for approval if the contract amount exceeds the authorization of the City Manager.

FISCAL IMPACT
There is no fiscal impact with approval of the on-call environmental services consultant list.

ATTACHMENTS

1. Resolution

2. RFQ for Environmental On-Call Services
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 6/6/24
Item #: x.x
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN ON-CALL CONSULTANT LIST FOR ENVIRONMENTAL

SERVICES
WHEREAS, the City of Seaside, on occasion, is in need of consultants who specialize in environmental services for City projects and improvements including project site surveys; CEQA/NEPA determinations; preparation of environmental assessments and impact reports, including Initial Studies, (Mitigated) Negative Declarations, and Environmental Impact Reports; preparation (or oversight of preparation by a third party) of supplemental studies needed for the preparation of any environmental assessment or impact report, such as biological surveys, archaeological surveys, etc.; regulatory agency permitting; traffic impact analysis, Federal, Tribal, Regional and State Consultations; and/or On-Site Monitoring (during construction).; and
WHEREAS, on April 4, 2024, the City released a Request for Qualifications for professional services for Environmental On-Call Services; and WHEREAS, on April 25, 2024, proposals were received from five firms offering Environmental On-Call Services; and
WHEREAS, City staff reviewed and selected the four firms: Denise Duffy & Associates, Inc.; EMC Planning Group; Rincon Consultants, Inc. and; Terracon Consultants, Inc., as qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve Denise Duffy & Associates, Inc.; EMC Planning Group; Rincon Consultants, Inc. and; Terracon Consultants, Inc., to provide Environmental OnCall Services on an as needed basis.

BE IT FURTHER RESOLVED, approval to provide Environmental On-Call Services is for a period of three (3) years and may be extended at the City Manager’s recommendation for two (2) one-year extensions through June 6, 2029. Agreements will have a defined scope, schedule and fee arrangements that will be negotiated on a project-by-project basis.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024 by the following vote:

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-2
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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J:\08_PUBLIC WORKS\Personnel\Environmental\RFQ_Envrionmental On-Call_2024 FINAL.docx

REQUEST FOR QUALIFICATIONS
2024 – ENVIRONMENTAL ON-CALL SERVICES

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 QUALIFICATIONS ....................................................................................................................... 4 PRELIMINARY SCOPE OF SERVICES...................................................................................... 4 General Provisions.......................................................................................................................... 6 Non-Discrimination & Non-Preferential Treatment.................................................................... 7 Grounds for Disqualification....................................................................................................... 7 Records and Financial Data......................................................................................................... 7 Introduction
The City of Seaside (City) seeks Statements of Qualifications (SOQs) from qualified firms to provide professional environmental on-callservicesfor City projects and improvements. Selection will be based on demonstrated expertise in providing support to the City of Seaside’s Public Works and Engineering Department and/or Community and Economic Development Department. The City intends to select up to four consultants. The term of the qualification is for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant.

Services may include project site surveys; CEQA/NEPA determinations; preparations of environmental assessments and impact reports, including Initial Studies, (Mitigated) Negative Declarations, and Environmental Impact Reports; preparation (or oversight of preparation by a third party) of supplemental studies needed for the preparation of any environmental assessment or impact report, such as biological surveys, archaeological surveys, etc.; regulatory agency permitting; traffic impact analysis, Federal, Tribal, Regional and State Consultations; and/or OnSite Monitoring (during construction). When submitting, please indicate which of these tasks your firm is qualified to undertake.

The City may select firms with some and not all the requested services.

Proposal Requirements
SOQs must be received by 4:00 PM Thursday, April 25th. One electronic copy must be submitted to [email protected], plus three printed copies should be submitted to the following address:

Nisha Patel, City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
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Submit the standard fees & charges (see No. 6 under Submittal Requirements, below) separately in a sealed envelope labeled “Standard Fees & Charges”.

SOQs received after this deadline will not be accepted.

Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

1. Name of proposer (if a business provide business name) and principal contact person, including office location, address, telephone number, fax number and e-mail address.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team members’ experience in performing the proposed services. Describe the size and scope of the team members’ past projects.

3. Provide as exhibits listings of your firm’s and its principals’ experience.

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 Fees & Charges: Provide your standard hourly fees by job classification, billing criteria and task 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 15 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Exceptions to the standard contract and resumes of key team members may be included as appendices to the submittal and will not count against the 15 page limit.

Page size is limited to letter size with no fold-outs. The submitted hardcopies must be printed on both sides of the paper.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Thursday, April 4th, 2024
Thursday, April 25th at 4 PM
April 26th – May 10th, 2024
Release RFQ
Statement of Qualification due
Review Period (Including interviews if
necessary)
Consultants Selected (Tentative Date) May 13th, 2024
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Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

Nisha Patel, City Engineer
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected]
Phone (831) 899-6835
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith as Attachment A.

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. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Proposal: Organization, presentation, and content of proposal. Conformance to the specified proposal format. – Max 5 points.

2. Company/Organization: Does the firm/individual offer the breadth & quality of services required for tasks listed in the Preliminary Scope of Services? Has the firm/individual demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein? Firm possess familiarity with the locality and ability to perform services within the City of Seaside. Ability to respond to request for services in a timely manner and to facilitate meetings with City Staff. – Max 35 points.

3. Project Team: Do the qualifications of key personnel to be assigned to the anticipated projects coincide with tasks listed in the Scope of Work? Does the principal contact and the assigned personnel have requisite education, experience, and professional qualifications? – Max 35 points.

4. Contractual Ability: Confirmed acceptance of standard contract. – Max 5 points.

5. Past Performance: Are the firm’s/individual’s references from past clients and associates favorable? Are deliverables submitted on time and within budget? - Max 20 points.

Proposals 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.

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QUALIFICATIONS
Interested consultants should have demonstrated expertise in various types of projects (residential, commercial-industrial, mixed-use) and specific environmental issues (including, but not limited to water, traffic, wastewaster, and historical resources, and solid waste). In addition, the City seeks firms with recent experience in developing environmental mitigation monitoring and reporting plans, as well as working with public and private agencies, and the general public.

Consultants should have general knowledge of the following as applicable to the discipline of environmental consulting services:
• California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes for developing environmental documents • Caltrans Local Assistance Manuals
• Caltrans design procedures, Standard Plans, Standard Specifications, and Caltrans Standard Test Methods
• Civil engineering standards for water quality treatment and related environmental controls typical of Monterey County
• Monterey County, its environment, and the relevant concerns of the local communities and regulatory agencies
• California Coastal Commission policies and requirements • Local regulatory and funding policies administered by Caltrans, the US Forest Service, US Army Corps of Engineers, US Department of Housing and Urban Development (HUD), California Department of Fish and Wildlife, and California Regional Water Quality Control Board (CRWQCB).
• Experience in working with endangered species and endangered species habitat in Monterey County
Firms are encouraged to include any and all certifications or licenses that pertain to the performance of the projects listed in this solicitation. All work shall be signed and stamped by the CIH or an approved substitute.

PRELIMINARY SCOPE OF SERVICES
Selected Consulting firms will provide professional environmental engineering services on an "asneeded" basis and must be able to perform at a minimum, any of the following activities:
• Perform, supervise, and oversee the preparation of comprehensive environmental assessments, including appropriate technical studies that are necessary for complying with all environmental regulations and requirements applicable to various City projects.

Requirements may include, but are not limited to various requirements and regulations set forth by National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), and any applicable environmental and regulatory permits. All NEPA work shall be prepared in accordance with the Caltrans Standard Environmental Reference (SER) or Department of Housing and Urban Development (HUD) environmental review requirements. All CEQA work shall conform to the latest version of the State CEQA Guidelines.
• Perform a variety of environmental investigations to State and Federal standards.

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• Assist the City in identifying the level of environmental documents necessary for project approval and including support information for said determination. • Prepare Initial Studies, Negative Declarations, Mitigated Negative Declarations, Mitigation Monitoring Plans, and other associated documents such as, but not limited to, Early Consultations, Notices of Intent and Notices of Determination. • Prepare technical memos providing assessments to changes in environmental regulations and advising of updates to environmental guidelines and/or environmental review processes. Coordinate with environmental permitting agencies to identify and resolve potential environmental issues as early in the decision-making process as feasible. • Assist the City in identifying distribution and publishing requirements necessary for compliance with NEPA/CEQA and, when requested, undertake the distribution of documents and publishing of required notices with the State Clearinghouse or other entities.
• Prepare written responses to agency and public comments received as part of the public review process.
• Attend public meetings/hearings, as necessary to provide technical presentations and respond to public inquiries.
• Obtain all permits required to comply with applicable Federal, State, and Local environmental laws and regulations.
• Provide construction monitoring services as related to environmental permitting (such as biological, cultural, etc.)
• Review civil engineering plans for new or rehabilitated sewer facilities (pipelines, manholes, and structures), and provide environmental engineering recommendations. • Review civil engineering plans for new or rehabilitated water facilities (pipelines, valves, wells, tanks, and structures), and provide environmental engineering recommendations. • Hire or assist with the hiring of a traffic engineering consultant to perform traffic impact analysis if one is found to be necessary or useful.
• Perform Phase I site assessments
The Consultant must have broad knowledge and experience in implementing the rules and regulations of federal, State and local entities involved in the identification, analysis, removal/containment, storage and disposal of hazardous substances such as but not limited to asbestos, UST's, molds, hazardous materials or wastes.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

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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 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 a 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, retain consultants not included on the City’s eligible lists, 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.

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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.

11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Non-Discrimination & Non-Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.

Generally, the grounds for disqualification include:

1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.

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

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<<PROJECT NAME>>
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT

ENTER PROJECT NAME
This agreement is made by and between the City of Seaside (City), and <<CONSULTANT NAME>> (Consultant).

A. Engagement: The City agrees to engage the Consultant to provide as described in Exhibit A, attached hereto and, hereinafter referred to as “the Project.”
B. Relationship: The Consultant is an independent contractor and is not to be considered an agent or employee of the City.

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed XXXXXX DOLLARS ($XX,XXX.00)
D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts.

E. Method of Payment: The City shall pay within 30 days in accordance with Consultant’s Fee Schedule, attached hereto, upon receipt of a written invoice from Consultant detailing services rendered.

F. Term: The term of this agreement shall commence on <INSERT START DATE> and terminate <INSERT END DATE>.

G. Termination: This agreement may be terminated; (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional fees and expense reimbursement to the date of termination and for any work necessitated by that termination.

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants

ATTACHMENT A
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(or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

I. Duty to Defend: In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

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

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

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including Packet Page 84

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coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

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

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.

K. Project Management. The (Contract Manager) will represent the City for all purposes under this Agreement. Melissa Savage, Assistant Engineer, is designated as the Project Manager for the City. The Project Manager will be Consultant’s point of contact with respect to performance, progress and execution of the Services. The City may designate an alternate Project Manager from time to time.

L. Ownership of Work Product:
a. 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.
b. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, ___________ shall perform the services described in this Agreement.
b. ____________ may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of ____________ from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within Packet Page 85

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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 City Engineer and the Consultant.

N. Conflict of Interest
a. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. b. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100 et seq.) Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Consultant’s and/or such other person’s financial interests.

O. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City.
c. This agreement shall be modified only by written agreement duly executed by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect.
e. This agreement shall be governed by and construed in accordance with the laws of the State of California.
f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party.

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Wherefore, the parties have entered into this agreement as of the later of the dates stated below.

Approved:

Dated: ____________________
Dated: _____________, 2024

CONSULTANT
___________________________________
By: ________________________________
Title: ______________________________
Address: ____________________________
____________________________________
City of Seaside:
_______________________
By: Nicholas Borges
Title: Acting City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Proposal
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACTING CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE 2023

PAVEMENT REHABILITATION PROJECT FOR AN AMOUNT NOT
TO EXCEED $184,261.00.

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a professional services agreement with Wallace Group to provide construction management and inspection services for the 2023 Pavement Rehabilitation Project for an amount not to exceed $184,261.00.

BACKGROUND
The 2023 Pavement Rehabilitation Project (Project) proposed improvements include base repair and pavement overlay on 11 residential roadway segments, 43 new curb ramps, a sanitary sewer main repair on Flores Street, a storm drain headwall repair on Harding Street, utility and roadway sign relocations, preservation of benchmarks and monuments, and pavement striping. The Project was released for construction bids on April 25, 2024, and bids were opened on May 23, 2024. The lowest responsive and responsible bidder is Coastal Paving & Excavating Inc. and the award of a construction contract with the contractor is being considered at this June 6th Council Meeting.

Construction is expected to start in August.

The project is scheduled to take 105 working days to complete and requires daily oversight of the contractor. The City does not have the personnel resources to support Packet Page 88

Item No. 8.K. Page 2 of 2
the Project at this time. At the request of the City, Wallace Group (Wallace) submitted a proposal to provide construction management and inspection services. The services include pre-construction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, material testing coordination, and project closeout.

Wallace is on the City's approved list of engineering services consultants to perform professional and technical services for implementation of the Capital Improvement Program. Wallace has worked with the city on past projects and has experience and breadth of knowledge to provide construction management and inspection services for the 2023 Pavement Rehabilitation Project.

FISCAL IMPACT
The proposed professional services agreement with Wallace Group is for an amount not to exceed $184,261.00. A contingency in the amount of $20,000 is appropriate for a project of this scope. The 2023 Pavement Rehabilitation Project is in the adopted FY 23/24 Capital Improvement Program, funded through Measure X and SB 1 with an available budget of $3M. The construction contract with contingency will expend $2,575,883.64 of the project budget. There are sufficient funds in the account (212- 8920-9600) to execute the professional services agreement with Wallace Group.

ATTACHMENTS

1. Resolution

2. Wallace PSA for CM & Inspections Services for 2023 Pavement Rehab Project Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2023 PAVEMENT REHABILITATION PROJECT FOR AN AMOUNT NOT TO EXCEED $184,261.00.

WHEREAS, the 2023 Pavement Rehabilitation Project is an approved City Capital Improvement Project identified in the fiscal year 2023/2024 annual budget; and WHEREAS, the proposed improvements include base repair and pavement overlay on 11 residential roadway segments, 43 new curb ramps, a sanitary sewer main repair on Flores Street, a storm drain headwall repair on Harding Street, utility and roadway sign relocations, preservation of benchmarks and monuments, and pavement striping; and WHEREAS, Wallace Group (Wallace) is on the City’s approved list of engineering services consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, the Project bidding documents were released for construction bids on April 25, 2024 and bids were opened on May 23, 2024; and WHEREAS, Coastal Paving & Excavating Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the City does not have the staffing resources to support this project; and WHEREAS, Wallace submitted a proposal to perform construction management and inspection services for the 2023 Pavement Rehabilitation Project from preconstruction through project closeout in the amount of $184,261.00; and WHEREAS, staff has determined the proposed scope of work and budget are Meeting Date: 06/06/24
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reasonable and within the available budget; and
WHEREAS, an amount of $20,000.00 in contingency, approximately 11% of the contract value, should be authorized on an as required basis.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the professional services agreement with Wallace Group to provide construction management and inspection services for the 2023 Pavement Rehabilitation Project for an amount not to exceed $184,261.00 and written amendments such that the total agreement does not exceed $204,261.00.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day June 2024, 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
APPROVED TO FORM:
________________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT
2023 PAVEMENT REHABILITATION PROJECT

CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and the Wallace Group, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on __June 6, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

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

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5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Eighty Four Thousand Two Hundred Sixty One Dollars ($184,261.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Packet Page 94
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Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(c) The city agrees to hold Consultant harmless from all damages, claims expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

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

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Packet Page 95
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Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

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

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

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or Packet Page 96
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employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

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

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

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

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

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

Zach Tesky may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Zach Tesky 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.

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

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

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

Consultant shall perform as described in Exhibit A.

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

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
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CONSULTANT: Wallace Group________
A California Corporation
By: ______________________________ Date: May 29,2024
Kari E. Wagner, Principal, PE, 66026
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Nicholas Borges, Acting City Manager
Attachments: Exhibit A Scope of Work & Fee Schedule
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D RFQ: On-Call Consultants – Engineering Services Exhibit E Resolution 22-62 On-Call Services
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May 16, 2024 (Revision 1)
Leslie Llantero
440 Harcourt Ave
Seaside, CA 93955
Subject: Construction Management & Inspection Services for the City of Seaside – 2023 Pavement Rehabilitation Project (City Project No. 212-24-89) Dear Ms. Llantero:

Wallace Group appreciates the opportunity to provide you with our proposal for construction management and inspection services (CM&I) for the above referenced project. Based on our discussion, our detailed review of the project plans and specifications, we are pleased to submit the following proposal for your consideration.

PROJECT TEAM
ANTHONY LEHMAN, QSP/QSD – Construction Manager
Anthony Lehman will be the Construction Manager on this project and serve as the main point of contact for the City. Anthony has extensive experience managing and inspecting public works projects, including roadway rehabilitation and paving, parks, utilities, retaining walls, and other structures. Anthony has successfully delivered multiple projects for the City of Seaside and has detailed knowledge of City staff and operations.

JORGE AVILA – Construction Inspector
Jorge is located in Salinas and will be the main construction inspector for this project. Jorge is a professional with over 18 years of experience in the construction industry as a foreman and inspector specializing in underground utility construction and traffic control. Jorge’s knowledge of constructability, schedules, and cost management are particularly valuable in keeping work on track and construction costs down. Jorge has worked with many local contractors, agencies, and consultants throughout the Central Coast and enjoys the new relationships he is able to build on each project.

ZACH TESKE, PE – Alternate Inspector/Alternate Project Manager Zach is the Director of Construction Management and brings extensive experience in project management and civil engineering.

Zach will serve as an alternate inspector and project manager and will provide high level technical and project oversight. Zach has a broad breadth of expertise in the planning, design, and construction of underground utilities, parks, and roadways, and has a demonstrated record of delivering projects from conception through completion and excels at managing and coordinating projects with many moving parts.

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TONY SCALISE, QSP – Inspection/Technical Support
Tony will provide inspection and technical support on this project.

He is a professional with over 35 years of experience in the construction industry as an operating engineer, foreman, and inspector specializing in grading, roadways, and wet utilities. Tony’s knowledge of constructability, schedules, and cost management are particularly valuable in keeping work on track and construction costs down. Tony’s prior experience as a paving foreman and having constructed many roadway paving projects will make him a technical asset to this project.

Please reference attached resumes for additional work experience and history.

PRIOR PROJECT EXPERIENCE AND REFERENCES
City of Santa Maria – 2022 Pavement Rehabilitation Project Client Contact Information: Zoe Glick, PE; Project Manager [email protected] 805-925-0951
Wallace Group performed construction management and
provided full time inspection for the repair of arterial streets in Santa Maria. Repairs included extensive dig outs at 4, 5, 6, and 8-inch depths. Following completion of the dig outs, select streets received a leveling course and overlay with rubberized asphalt. Reviewed proposed traffic control plans, including daily observation of traffic control implementation and proactive coordination to mitigate impacts to local businesses, residents, and schools. Scope also included coordination of quality assurance testing subconsultant (PEI) and detailed quantity tracking based on unit prices. Wallace Group assisted with layout review, including modification of layout areas and the identification of additional repair areas, allowing for these recommendations to improve the project’s design and efficient use of project’s budget.

Following pavement rehabilitation, verified new traffic striping layout matched correctly in the field.

City of Soledad – Dixi St Sewer & Water Replacement Project Client Contact Information: Don Wilcox, PE; Public Works Director [email protected]; 831-223-5124
Wallace Group provided construction management and full time inspection services for nearly 1,500 feet of water and sewer replacements along Dixi St in the City of Soledad. Water and sewer lines were to be installed in new alignments while maintaining the service of the existing mains. As part of the project, multiple concrete curb ramps were removed and
reconstructed to be brought up to current code and ensure accessible access. Concrete sidewalk and curb were replaced at multiple locations were removed to facilitate the work.

Following completion of the utility installation, trench paving was performed to restore back to the original condition in preparation for a 2.5-inch grind and overlay. Following the grind, crack sealing was performed on existing cracks within the roadway and a 1/2” leveling course installed. Paving fabric was then placed over the leveling course and a 2-inch overlay installed. The roadway was restriped and new traffic signs installed, including the addition of green bicycle pavement markings to better facilitate shared roadway use.

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City of Paso Robles – Ardmore Road Construction
Client Contact Information: Ditas Esperanza, Capital
Projects Engineer [email protected] 805-237-3861
Wallace Group provided construction management
and inspections services for the rehabilitation,
widening, and curb ramp/sidewalk improvements of
Ardmore Road in Paso Robles. Improvements include
remediation of existing ADA facilities, installation of new sidewalk, curb and gutter, utility extensions for
fiber optic, sewer, and water, as well as adjustments
to surface drainage facilities. We performed detailed
quantity tracking and detailed coordinated with our quality assurance subconsultant for material testing.

PROJECT UNDERSTANDING

TECHNICAL
The City of Seaside (City) is performing roadway rehabilitation on multiple streets through the City. The project includes multiple asphalt rehabilitation methods, including asphalt dig outs at either 4 or 6-inch depths, placed in 2-inch lifts. A 6-inch deep lift allowance has been included in Bid Item #12 to allow for the replacement of unsuitable subgrade if encountered.

Prior to the commencement of the pavement repairs, a detailed Traffic Control Plan will need to be submitted for review and acceptance. At 41 locations, curb ramps, curb and gutter, and sidewalk will be removed and replaced in accordance with the Enlargement Details.

Other miscellaneous improvements will also be performed including pruning and removal of tree roots, installation of AC dike, replacement of 12 LF of RCP and installation of a concrete headwall, PG&E guy wire relocation, and converting two curb inlets into grate inlets. At two locations, one on Flores St and the other on Harding St, breaks in existing sanitary sewer mains will be excavated and repaired.

Following completion of the dig outs and concrete flat work, keycuts will be performed and the roadways will receive a ½-inch or 3/4-inch leveling course, followed by an overlay treatment of 1.75 or 2 inches as specified on the plans. The roadways will be restriped following the asphalt overlays and some roadway signs relocated. Existing utility covers in conflict with the dig outs will need to be lowered, and then all utility covers raised following completion of the asphalt overlay. Existing survey benchmarks and monuments will be preserved and reset following construction. Improvements to Yosemite St are listed as a bid alternate and includes a separate set of Bid Items.

The City has retained Pavement Engineering Inc. (PEI) as the Engineer of Record who performed the design and will perform engineering services during construction. Construction Documents provided are as follows:
• Plans by Pavement Engineering Inc. (PEI) (approved by City 4/23/24, 36 pages)
• Book 1 - Notice, Plans & Special Provisions (4/25/24, 95 pages) • Book 2 - Contract Documents (4/25/24, 19 pages)
Construction Management Approach
Wallace Group has a demonstrated track record of successfully providing construction management and inspection services on utility projects across the Monterey Bay and we plan to approach this project with a similar structure. Anthony Lehman will serve as the Construction Manager for the duration of the project. Anthony will perform much of the Packet Page 103
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construction administration required for this project such as tracking and routing of submittals and RFIs, reviewing certified payrolls, and processing progress payments. Zach Teske will act as a back up inspector and project manager and will be available during the course of construction for project support. Tony Scalise will also be available for back up inspection support and as a technical resource.

We will schedule and lead weekly construction meetings, including developing the meeting agendas and issuing meeting minutes. During the weekly meetings, the project team will review the contractors three week look ahead schedule to identify notifications required, inspection requirements, and to forecast the next phase of the work. Reviewing these lookahead schedules will allow the project team to compare progress against the baseline schedule to help identify if the contractor is behind schedule and how this can be remedied.

Jorge Avila will be assigned as the construction inspector for the project from our office in Salinas and will work closely with our Construction Manager. Jorge will be on-site daily, or as required by construction activities, during the course of construction and will provide oversight, observation, and inspection services to ensure conformance with the project plans, specifications, and submittals. Daily logs will be completed documenting weather, equipment, employees, sub-contractors, quantities, photos, and observations and notes of the day’s construction activities. Special attention will be paid to the traffic control and impacts to the public.

Traffic Control
In addition to the notification of the public, maintenance of traffic and ensuring access to local residences and businesses will be critical. A detailed Traffic Control Plan (TCP) will be required from the Contractor for review and acceptance prior to the start of on-site construction to detail how the Contractor plans to maintain traffic access throughout the project with the use of detour signs, flashing signals, and flagging operations. The details of this plan will need to be adhered to and communicated to residents and businesses so they fully understand the upcoming impacts to driveways and access, as the impacts and closures will vary depending on the construction activity and phase.

This plan will also detail the location of materials and equipment storage for the project, especially if planned within street right of way. The closure of streetside parking and sidewalks will need to be coordinated with the City and sufficient notification posted, including sidewalk closure advance notification and detours. Wallace Group will work with the Contractor on overall project phasing and the overall sequence of construction to confirm that no one area will be too heavily impacted at one time by the work. This may also include cross coordination between City projects, as there are multiple roadway improvement projects currently in the design and bidding phases, and we expect some project overlap. This will ensure that traffic flow and building access through the City is maintained and disrupted as little as possible.

Wallace Group has in-house transportation design expertise to aid in the review of traffic control plans, project details, and other Contractor proposed changes that may arise during construction. Our Transportation Team is currently assisting the City on multiple key transportation projects and is available and committed to aiding the City on these projects as well.

Partnership
Wallace Group anticipates that our project team will work closely with City staff for the successful execution of this project. With all our projects, we aim to partner with our project team, including the contractor, to ensure that the project is delivered successfully on-time, on-budget, and with a quality final product that meets the needs and intent of the City. As the construction management team, we plan to handle all of the day-to-day operations and Packet Page 104
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tasks required during the construction phase such as meetings, coordination, outreach, document routing and control, and observations. We understand that the City will administer the contracts and approve and process payments to the Contractor. We desire that the City’s Designated Representative be available to attend the weekly progress meetings and be available for timely discussion and input when issues arise regarding RFIs or potential change orders, and especially items that could impact the project schedule or budget. We would also desire that the City’s operations staff be available for input or able to provide review and recommendations to ensure that they are receiving a final product that meets their standards and will allow for ease in long term operation and maintenance.

SCOPE OF SERVICES
TASK 1: PRE-CONSTRUCTION SERVICES
We have budgeted a total of 100 hours for administering the pre-construction conference and for processing submittals.

Project Communication and Coordination
• Facilitate project communication and coordination with the City, the design engineer, utilities, local business, property owners and residents, and contractor • Establish Procore Construction Management Software project and provide training to City project staff
• Coordinate and schedule environmental and geotechnical consultants • Conduct virtual Weekly Progress meetings with contract, City staff, and other involved entities
• Record and distribute meeting minutes
• Coordinate with utility companies and City Staff throughout the project Preconstruction Conference
• Schedule in-person preconstruction conference after contract NTP and invite attendees:

Wallace Group CM Team, Contractor, City staff, PEI Design Team, and other involved entities
• Develop and distribute agenda prior to conference
• Conduct Procore orientation
• Meeting will include contractor responsibility toward:
o Safety/Site Security
o Public relations
o Utility coordination
o Traffic Control
o Site access/Staging
o Agreements
o Labor compliance
o Order of work
o Testing and Materials certification
o Weekly meetings
o Submittals and RFI’s
o Quality control
o Procedures for handling extra work or change of conditions o Schedule updates
o Progress pay requests
• Record and distribute meeting minutes
• Establish tasks and dues dates for outstanding items resulting from conference Packet Page 105
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Pre-Construction Photos
• Collect pre-construction photos of project locations, including curb ramps, roadways, and staging area
• Photos will be collected and stored in Procore and available for reference by all project members
Request for Information (RFI) and Submittal Management
• Utilize Procore to track and review submittals and RFI’s from Contractor • Review submittal requirements and coordinate reviews with Design Engineer and City staff • Review and accept contractor’s submittal schedule to establish list of required submittals, including due dates
• Develop and maintain submittal and RFI log within Procore • Establish electronic workflow and tracking requirements within Procore • Track and manage timely submittal and RFI review and response Deliverables:
• Reviewed submittals and submittal log
• Reviewed RFIs and RFI log
• Pre-Construction Photos
• Pre-Construction Conference Agenda and Minutes
TASK 2: CONSTRUCTION PHASE
Based on the bidding documents, this project will be completed within 105 working days. We assumed 20 working days for paving operations and have budgeted for full time inspection (10 hours/day) on these days. The remaining 85 working days we have budgeted at part time inspection (4 hours/day).

Our time and level of effort will be highly depended upon the Contractors schedule and approach to the work and any unused budget will be returned to the City. Work during the construction phase will include:

Construction Progress Meetings
• Schedule and conduct weekly project construction meetings • Develop and distribute meeting agenda and minutes
• Meeting will include
o Project status
o Schedule review of 3 Week Look Ahead
o Stakeholder coordination
o Safety & Traffic Control Review
o Testing and Inspections
o Outstanding documentation review (submittals/RFIs)
Coordination of Contract Execution
• Determine mobilization schedule in conjunction with project start date • Finalize Procore systems record keeping documentation and contract administration developed in preconstruction phase
Project Schedule
• Monitor project schedule
• Coordinate with contractor and City staff on schedule changes and adjustments throughout the project
• Keep stakeholders informed of construction schedule
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• Review Contractors 3 Week Look Ahead Schedule
Change Order Management
• Review and qualify contractor requested change orders • Investigate proposed change orders and receive City approval prior to work taking place • Maintain log and track change order impacts
• Establish and maintain files and documentation for use in change negotiations or potential claims
• Prepare construction change order (in City format) for approval and signature Progress Payments and Quantity Tracking
• Review and qualify contractor’s monthly payment applications • Coordinate daily reports and quantities with Contractor’s foreman, identify and record potential disputes for future reference
• Review monthly Request for Payment, sign, and recommend approval for payment to the City
Construction Observation
• Perform on-site construction observation and oversight during construction activities • Prepare Daily Log observation reports, including tracking labor, equipment, weather, observations/notes, quantities, and photos.
o Daily reports will be maintained and available to team members at all times o Observations and oversight include:
 Paving rehabilitation activities (dig outs, overlays, etc.)  Curb Ramp Replacement
 Construction survey and monument preservation
 Traffic control plans and implementation
 Construction staging
 Pedestrian and bicycle access
 Lane closures
 Pavement delineation
 Stormwater compliance
• Report to the City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied • Coordination with City’s subcontractor for materials testing inspector for compaction and material testing services for material testing of subgrade, base rock, and hot mix asphalt
o Compaction testing and observation will be performed during paving operations or as warranted
• Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
• Provided oversight on the requirements of the encroachment permit are performed and documented
• Review compliance with contract documents
• Record and report design modifications
• Track inspectors set of as-builts for comparison with set provided by the Contractor for project record
• Note, we have assumed only a single crew will be working at a time and only a single inspector will be required. We will keep the City informed if more budget is needed for multiple inspectors if there are multiple crews working.

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City of Seaside – 2023 Pavement Rehab Project CM Services May 16, 2024 (Rev 1)

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Safety
• Monitor contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program:
o CAL-OSHA Construction safety orders
o Traffic Control Plan
o Contractor safety plan
• Work with contractor to resolve any safety concerns on site • Advise City of any observed or unresolved deficiencies Punch List
• Schedule for final observation with Contractor and City to inspect complete and near complete work for deficiencies
• Review and track punch list and track items to resolution • Provide completed punch list documentation and report to City upon completion • Recommend and approve final payment to contractor
• Assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form
Deliverables:
• Weekly Construction Meeting Agendas and Minutes
• Inspector Daily Logs and Photos
• Progress Payment Reviews
• Change Order/Force Account Documentation
TASK 3: POST-CONSTRUCTION
As-Built Drawings
• Review as-built drawings provided by Contractor
• Assist City and Design Engineer in review and completion of final certified record drawings Project Closeout
• Review final invoice from the contractor
• Assemble and deliver all records, reports, certificates, pictures upon project completion • Closeout documentation can will be delivered in digital format Deliverables:
• Comments and review of Contractors As-Built Drawings
• Project Close Out Documentation (Submittals, RFIs, Daily Logs, Photos, Change Orders, Progress Payments, etc)

SCHEDULE
The project is currently out to bid with a due date of May 23, 2024. We expect the project to be awarded by June 6th with an anticipated NTP dated of August 5th. The project will continue for 105 working days.

BUDGET
Wallace Group will perform the services denoted in the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total budget, including reimbursables will not exceed our estimated budget of $184,261 without receiving written authorization from the Client.

The detailed breakdown of our estimate budget is attached to this proposal.

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City of Seaside – 2023 Pavement Rehab Project CM Services May 16, 2024 (Rev 1)

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ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services are not included in this Scope of Services or estimate of fees:
• Labor Compliance
• Materials Testing will be performed by PEI under separate contract with the City a. Wallace Group can provide under our contract (with 15% markup) if requested by the City

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

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

We want to thank you for this opportunity to present our proposal for construction management and inspection services. If you would like to discuss this proposal in greater detail, please contact Zachary Teske at [email protected] or 831-226-9132.

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

Kari Wagner, PE ____________________________________
Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

Attachments
Budget Estimate
2024 Standard Rate Sheet
Resumes
Anthony Lehman
Jorge Avila
Zach Teske
Tony Scalise
Exhibit C – Standard Terms & Conditions
Packet Page 109
Wallace Group Team Resource Estimate for the
City of Seaside - 2023 Pavement Rehab CM & Inspection Director of Construction Management (Zachary Teske, PE) Assistant Resident Engineer/Construction Manager (Anthony Lehman) Prevailing Wage Construction Inspector (Jorge Avila) Misc. Direct Costs

TOTAL LABOR HOURS
TOTAL
TASK DESCRIPTION HRS HRS HRS Cost Cost HRS LABOR COST
RATE $220 $170 $180 $ $
1 Pre-Construction 12 72 16 $402 100 $17,760 $18,162
2 Construction 63 252 540 $2,111 855 $153,900 $156,011
3 Post-Construction 6 48 $201 54 9480 $9,681
SUB-TOTALS 81 372 556 $2,714 1,009 #REF! $183,854
WALLACE GROUP LABOR COSTS $17,820 $63,240 $100,080 $181,140 WALLACE GROUP DIRECT COSTS $2,714

SUBCONSULTANT DIRECT COSTS
DIRECT COSTS OVERHEAD @ 15% $407
TOTAL $184,261
Task Budgets may fluctuate within Overall Budget PHASE/TASK PP23-7832 - Budget - Seaside 2023 Pavement Rehab Summary Page 1 5/14/2024 Packet Page 110
Standard Billing Rates
WALLACE GROUP 1
2022 Standard Billing Rates.doc
Engineering, Design & Support Services:

Assistant Designer/Technician ......................................... $110 Designer/Technician I – IV .............................................. $115/$125/$135/$145 Senior Designer/Technician I – III ...................................... $158/$165/$172 GIS Technical Specialist ................................................. $150 Senior GIS Technical Specialist ........................................ $160 Associate Engineer I – III ................................................ $130/$$140/$150 Engineer I – IV ............................................................. $160/$165/$170/$175 Senior Engineer I - III .................................................... $185/$190/$195 Director .................................................................... $200 Principal Engineer/Consulting Engineer .............................. $240 Principal ................................................................... $260 Construction Management / Field Inspection Services: Prevailing Wage* Construction Inspector I - II ............................................. $135/$150 .................. $165/$172 Senior Construction Inspector .......................................... $155 ................................ $180 Construction Office Tech I-III ........................................... $110/$120/$130 Assistant Resident Engineer I - II....................................... $160/$165 Resident Engineer I - III ................................................. $170/$175/$180 Senior Resident Engineer ............................................... $190 Director .................................................................... $195 Principal Construction Manager ........................................ $225 Principal ................................................................... $260 Support Services:

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

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

Right to Revisions:

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

Additional Professional Services:

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

Direct Expenses:

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

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

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

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ANTHONY LEHMAN, QSD/P
Assistant Resident Engineer
Anthony Lehman’s experience includes inspection of public works projects, including roadways, utilities, retaining walls, and structures. Anthony worked for the County of Santa Barbara prior to joining Wallace Group and where he gained significant assistant resident engineer experience on various project scopes.

Anthony’s thoroughness and attention to detail make him a great asset to his projects.

REPRESENTATIVE PROJECTS
Tepesquet Road Emergency Repairs, County of Santa Barbara Provided full time construction management and inspection services for the emergency repair of 14 different sites on Tepesquet Road in the County of Santa Barbara. Repairs included culvert removal and installation and slope repair. Daily flagging traffic control required during the performance of the work. Repairs were performed on a time and materials contract and required close coordination and communication between the stakeholders. Following completion of the repairs, the roadways were repaved and restriped to County Standards.

Union Road Fire Station Grading & Site Utilities, City of Paso Robles
Provided inspection services for the installation of 900 feet of new domestic water main, including two shutdowns and tie ins to existing water mains. Work also included the construction 770 feet of sanitary sewer and manholes, including pressure testing, mandrel, and video inspection. Following completion of the grading and underground, the existing roadway was completely removed, and a new roadway constructed in a new alignment. Observed paving operation, including detailed quantity tracking and coordination with quality assurance material testing subconsultant.

Dry Creek Road Phase II Roadway Rehabilitation, City of Paso Robles
Performed construction management and inspection services for the replacement of the Dry Creek road via full depth reclamation – cement (FDR-C) and minor roadway realignment through sensitive vernal pool habitat. Traffic control was required to maintain access and detailed communication with residents, especially when paving or performing work in front of driveways. Observed FDR and paving operation to ensure conformance with specifications for grading material post cement hydration and temperature specifications during paving operations.
2022 Arterial Repair and RHMA Project, City of Santa Maria Served as assistant project manager and back up inspector on the repair of arterial streets of various locations in the City of Santa Maria. Dig outs were performed on most streets in preparation for County’s Three streets to be cold planed and overlaid with rubberized RHMA.

Rapid Flashing Beacons Crosswalk Improvements, City of Goleta Construction management and inspection services for installation of new rectangular rapid flashing beacons at multiple school crosswalks. Work also included restriping of nearby roadways, curb ramps, and sidewalk replacement.

EDUCATION
B.S. Civil Engineering, California
State University, Northridge

CERTIFICATION
Engineer-In-Training, Board for
Professional Engineers, Land
Surveyors, and Geologists
(California)
Certified Professional in Erosion
and Sediment Control (CPESC)
Qualified Stormwater Developer
(QSD) and Practitioner (QSP)

AFFILIATION
American Society of Engineers
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JORGE AVILA
Assistant Resident Engineer
Jorge Avila brings over 18 years of construction experience in underground work. Prior to joining Wallace Group, Jorge was an underground foreman for the last 12 years where he managed multiple crews, ordered material, and coordinated with different agencies for the timely arrival of material and inspections. Jorge has extensive experience in wet utilities and traffic control. Jorge excels at working on complicated projects with a partnering and solution oriented approach.

PRIOR TO JOINING WALLACE GROUP
Dixi Street Water and Sewer Improvements, Soledad, CA
Construction Inspector for the roadway rehabilitation of Dixi St following installation of new sewer and water mains. Six curb ramps were removed and replaced, including some sections of adjacent sidewalk and curb and gutter. Trench sections were restored prior to a

2.5-inch grind of the existing roadway. Due to the aged nature of the roadway, following the grind a ½-inch leveling course was installed, followed by bi-directional paving fabric and a 2-inch overlay.

Cutino Park Improvements, Seaside, CA
Performed construction observation for the second phase of improvements at Cutino Park, including installation of new sidewalks and accessible pathways, curb and gutter, parking lot, playground, storm drains, stormwater basins, and irrigation and landscaping. Work included observation of time and materials off-haul of excess soil to create a flat grass picnic area as added scope to the project.

Alisal Beautification Project, Salinas, CA
Performing construction inspection and project management for the installation of new trash receptacles and tree wells for new plantings.

Sidewalk improvements required at multiple locations to repair uplifted, damaged areas from tree roots or to add foundations for the new trash receptacles. Work also includes the replacement of a damaged patio area with new permeable pavers, including a new irrigation system and tree plantings, and the installation of a new covered bus stop shelter. New roadway navigational signs will be installed as part of the project.

Fernando Park Improvement Project, Seaside, CA
Performed construction inspections for improvements to Fernando Park, which included the demolition of the old park surfacing for the installation of new accessible pathways, playground area with resilient surfacing, additional retaining wall structures, and new picnic benches.

During the course of the project, additional funding became available to perform additional pathway improvements within the park and we assisted with scope establishment and change order negotiations.

Sea Haven Phase 4 Development, Marina, CA
Served as the inspector for Marina Coast Water Department for the installation of wet utilities for new residential development. Work included daily inspection of sanitary sewer, recycled water, and water line installations. Over 1,200 LF of 24-inch ductile iron waterline was required to be relocated and required detailed shutdown and tie in planning. Included review of sewer inspection videos and recommending overall project acceptance to the District.

AFFILIATION
American Public Works
Association (APWA) – Monterey
Bay Chapter
Packet Page 113
Zach Teske, PE, QSD/P
Director of Construction Management
Resident Engineer
Zach brings extensive experience in project management and civil engineering.

Prior to joining Wallace Group, Zach worked in facilities and operations at UC Santa Cruz supporting existing and new building development on Campus and was responsible for the capital improvement and renewal program of the campus utility infrastructure. He also worked in the heavy civil construction field where he spent time performing environmental/storm water compliance and as a civil project engineer constructing temporary roadway detours, and various storm drain and water line relocations. Zach has a demonstrated record of delivering projects from conception through completion and excels at managing and coordinating projects with many moving parts.

REPRESENTATIVE PROJECTS
2022 Pavement Rehabilitation Project – Santa Maria, CA
Performed construction management for various pavement rehabilitation treatments in the City of Santa Maria at a project value of ~$4M. Pavement treatments included mill and fills of varying depth and also rubberized HMA overlays of various streets. Work also included installation of new electrical conduits for future street lights.

El Camino Real South Resurfacing – Atascadero, CA
Provided site inspection and observation of 4-lane roadway rehabilitation project which included very specific dig out areas and depths requiring detailed quantity measurement and tracking. Work also included overlay of existing roadway with leveling and surface course treatments.

Union Ardmore Mass Grading & Site Utilities – Paso Robles, CA Provided construction management and inspection services for the site grading and extension of Ardmore Rd. Project constructed new concrete sidewalks, curb ramps, curb and gutter, and asphalt roadway removal and reconstruction.

Dixie Street Water and Sewer Improvements, Soledad, CA
Project manager for construction management services for water and sewer improvements in the City of Soledad. The project includes water and sewer replacements, laterals, and placement of new manholes for sanitary sewer, as well as asphalt resurfacing.

TM Line Construction Detour and Maintenance of Traffic – Long Beach, CA Acted as the Maintenance of Traffic Manager for the Gerald Desmond Bridge Replacement. Project manager for the construction of a three-lane temporary construction detour on the I-710 freeway and required full closure of freeway and extensive planning and outreach to minimize impacts to the Port of Long Beach shipping operations. General maintenance of traffic involved installing and maintaining devices over approximately three miles of impacted roads and freeways. Worked and scheduled with other disciplines to ensure that temporary freeway detours and roadway relocations were delivered on time to allow access to new areas of work for structures and deep foundation construction
Great Meadow Bike Path Improvements, Santa Cruz, CA
Project manager for UCSC on the design, bidding, and construction of replacement of the Great Meadow Bike Path on Campus. 90,000 SF asphalt replacement utilized a combination of grind and overlay and full depth reclamation (FDR) to resurface and widen the pathway. Lower portion of pathway existing within Campus Historic District and required mitigation efforts to protect historic lime kiln mining structures.

EDUCATION
B.S. Civil Engineering,
California Polytechnic State
University, San Luis Obispo, CA

REGISTRATION
CA Registered Professional Civil
Engineer C87350

CERTIFICATIONS
LEED AP BD+C
Qualified SWPPP
Developer/Practitioner (QSD/P)

AFFILIATION
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
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TONY SCALISE, QSP
Assistant Resident Engineer
Tony joined Wallace Group as an Assistant Resident Engineer in 2022. Tony is a professional with over 35 years of experience in the construction industry as an operating engineer and foreman specializing in grading, roadways, and utilities. Throughout his career, he has had the unique opportunity to work for both General Engineering Contractors as well as Design Engineers. This diverse background has enabled him to acquire an acute
knowledge and thorough understanding of the construction business. Anthony’s knowledge of constructability, schedules, and cost management are particularly valuable in keeping work on track and construction costs down. Tony has also worked with many local contractors, agencies, and consultants throughout Central and Southern California including working projects for Caltrans and Army Corps of Engineers.

RELEVANT PROJECTS
2022 Arterial Repair and RHMA Project, Santa Maria, CA
Served as the Inspector and Assistant Resident Engineer on the repair of arterial streets of various locations in the City of Santa Maria.

Three streets to be cold planed and overlaid with rubberized RHMA.

Project consisted of extensive dig out asphalt repairs requiring detailed attention to communication and project coordination, traffic control, and tracking of quantities.

South Oak Park Blvd, Grover Beach, CA
Provided construction services for pavement rehabilitation which incorporated full depth reclamation – cement (FDR-C). Traffic was maintained at all times with a single lane in each direction and impacts to local residents and business significantly reduced by implementing a detailed work staging plan throughout the course of construction. This project was awarded the 2022 APWA Central Coast Project of the Year for Transportation <$5M.

City of San Luis Obispo Water Distribution Upgrade Project, San Luis Obispo, CA
Served as field supervision and performed installation of 12-inch water main replacement. Work included maintaining access to nearby residences. Coordinated inspections with fire department on fire line installations and with Public Works for cleaning and laboratory testing. Due to nearby services, required water line to be hot tapped and highlined during the course of work.

Sea Haven Phase 4 Development, Marina, CA
Served as the Inspector for Marina Coast Water Department for the installation of wet utilities for new residential development. Work included daily inspection of sanitary sewer, recycled water, and water line installations. Over 1,200 LF of 24-inch ductile iron waterline was required to be relocated and required detailed shutdown and tie in planning.

Blight Removal Phase 1, Marina, CA
Served as the inspector for removal of 57 barracks at site of the former Fort Ord Military Base. Built during WWII, significant hazardous materials in lead based paint and asbestos containing materials (ACM) were present and required abatement before the buildings could be demolished. The project also included soil sampling and disposal of lead contaminated soil among other environmental constraints and mitigations.

EDUCATION
Associate Degree Mathematics
Cuesta College, San Luis Obispo,
CA

REGISTRATIONS
State of California General
Engineering License Number A558038
Operating Engineer Journeyman
(Local 12)

CERTIFICATIONS
USACE Construction Quality
Management Certificate, US Army
Corps of Engineers, Sacramento,
CA, 2019
Qualified Stormwater
Practitioner (QSP)
Certified Erosion, Sediment, and
Stormwater Inspector (CESSWI)
Cal OSHA 30 Certification
CPR First Aid
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2023 Pavement Rehab CM & Inspection EXHIBIT C

EXHIBIT C

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

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

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

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

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

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 116
2023 Pavement Rehab CM & Inspection EXHIBIT C
commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

In the alternative, Agency may cancel this Agreement.

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2023 Pavement Rehab CM & Inspection EXHIBIT C
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

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

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

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

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

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

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 118
2023 Pavement Rehab CM & Inspection EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

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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.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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The SOQ should include the following information:

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

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Experience and demonstrated ability of the team. – 25 points

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

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

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.

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

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

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.

General Provisions

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 123
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On-Call Consultants - Engineering
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3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

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).

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

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On-Call Consultants - Engineering
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11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Generally, the grounds for disqualification include:

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.

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

GRANT APPLICATION AND THE SIGNING OF A LETTER OF

SUPPORT FOR THE SAN PABLO PEDESTRIAN BRIDGE

DEMOLITION AND RECONSTRUCTION PROJECT

RECOMMENDATION
Adopt a resolution authorizing the submission of the Active Transportation Program Cycle 7 Grant Application and the signing of a letter of support for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.

BACKGROUND
The Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking.

Cycle 7 of the ATP is expected to include about $568M in Federal, State SB1, and State Highway Account (SHA) funding. The funding/programming years include the Fiscal Year 25/26, 26/27, 27/28, and 28/29. City staff consulted with Kimley Horn Associates to prepare the Cycle 7 ATP grant application. The grant application is requesting approximately $2.7 M in construction funding for the San Pablo Pedestrian Bridge Demolition and Reconstruction project in the City of Seaside. The Project is currently being designed, and if funded, the reconstruction of the bridge will start in FY 25/26.

The San Pablo Pedestrian Bridge crosses over San Pablo Avenue between Yosemite Street and Mescal Street and connects Manzanita Stuart Park and Lincoln Cunningham Park. The San Pablo Pedestrian Bridge Demolition and Reconstruction Project is currently in the design phase with demolition currently scheduled to begin in the 2024- Packet Page 130

Item No. 8.L. Page 2 of 3
2025 Fiscal Year.

The estimated project cost is approximately $4M which includes the $750,000 already approved fiscal year 2023/2024 budget for the design of bridge demolition and reconstruction. The Public Works Engineering Division was successful with a grant application for this project in the amount of $580,000 from the Community Development Block Grant (CDBG) Program anticipated to be awarded for FY 2024/2025 and FY 2025/2026. The $2.7M in ATP Cycle 7 Grant funds requested would fully fund the Project, amounting to approximately 77% of the total cost.

The City Administrative Policy/Grant Management Policy and Procedures says that grant applications equal to or in excess of $10,000.00 are required to be approved by the City Council. The policy requires that the City Council adopt a resolution approving the filing of the application, certifying the project is consistent with the General Plan City goals and objectives, certifying the applicant has sufficient funds available to operate and maintain the project, and appointing the City Manager as agent for the project.

Demolition and reconstruction of the San Pablo Pedestrian Bridge is consistent with the current General Plan Goal CFI-1, City-wide infrastructure to support existing development and future growth. This goal includes management and upgrades to the City's aging infrastructure.

The San Pablo Pedestrian Bridge Demolition and Reconstruction Project is a Capital Improvement Project, and it is consistent with the City’s policy to focus its efforts on securing grants for capital improvements. The ATP Cycle 7 grant application will be submitted online before the June 17th grant deadline and the award announcement is expected to be in December 2024.

Staff recommends Council adopt a resolution authorizing the submission of the Active Transportation Program Cycle 7 Grant Application and letter of support for the San Pablo Pedestrian Bridge Demolition and Reconstruction Project.

FISCAL IMPACT
The anticipated total project cost for the Project is approximately $4M. The Fiscal Year 2023-2024 adopted budget for the San Pablo Bridge Demolition and Reconstruction Project is $750,000 and funding anticipated from the CDBG Program includes another $580,000 spanning FY 24/25 and FY 25/26, which is about 33% of the total project costs. The ATP Cycle 7 Grant application request of $2.7M would fully fund the Project.

ATTACHMENTS

1. Resolution

2. Letter of Support
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Item No. 8.L. Page 3 of 3
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 6/6/24
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE SUBMISSION OF THE ACTIVE TRANSPORTATION PROGRAM CYCLE 7 GRANT APPLICATION AND THE SIGNING OF A LETTER OF

SUPPORT FOR THE SAN PABLO PEDESTRIAN BRIDGE DEMOLITION AND

RECONSTRUCTION PROJECT
WHEREAS, the Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking; and
WHEREAS, the ATP Cycle 7 is expected to include about $568M comprised of Federal, State SB1 and State Highway Account (SHA) funding programmed in which the call for projects was announced on March 21, 2024 with an application deadline of June 17, 2024; and
WHEREAS, the City of Seaside’s internal standard operating procedures require all grant applications for amounts of $10,000.00 and above to receive approval from the City Council prior to applying for the grant; and
WHEREAS, the San Pablo Pedestrian Bridge Demolition and Reconstruction Project includes the demolition and reconstruction of the San Pablo Pedestrian Bridge located on San Pablo Avenue between Yosemite Street and Mescal Street and provides pedestrian access between Manzanita Stuart Park and Lincoln Cunningham Park; and WHEREAS, the estimated project cost is $4,000,000 including $750,000 from the General Fund approved in the 2023/2024 Fiscal Year Budget and the proposed Community Development Block Grant (CDBG) Funds of $580,000 for the FY 24/25 and FY 25/26 program cycles which amounts to 33% of the total project; and WHEREAS, the remaining 77% or $2,700,000 is needed to fully fund the project; and
WHEREAS, if ATP grant funds are awarded, the City will enter into an agreement with the State of California and the grant would be administered by Caltrans; and
WHEREAS, the Project is consistent with the current General Plan Goal CFI-1, City-wide infrastructure to support existing development and future growth.

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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the submission of the Active Transportation Program Cycle 7 Grant Application and the signing of a letter of support for San Pablo Pedestrian Bridge Demolition and Reconstruction Project.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024, 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 TO FORM:
______________________________
Sheri L. Damon, City Attorney
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OFFICE OF THE CITY COUNCIL
440 Harcourt Avenue Telephone 831-899-6700
Seaside, CA 93955 Fax 831-624-5839
www.ci.seaside.ca.us
Include, Innovate, Inspire
June 6, 2024
CALTRANS Division of Local Assistance
Attn: Office of State Programs
1120 N Street, MS 1
Sacramento, CA 95814
RE: San Pablo Avenue Pedestrian Bridge Replacement Project Dear Grant Funding Selection Committee:

The City of Seaside supports the San Pablo Avenue Pedestrian Bridge Replacement Project Cycle 7 Active Transportation Program grant application.

The existing San Pablo Avenue Bridge was recently closed for safety and visibility reasons, and has left a noticeable gap in the community’s walking and biking network.

The San Pablo Avenue Bridge replacement will directly connect Lincoln Cunningham Park and Manzanita Stuart Park, and provide a safe route to connect residents to a network of nearby parks, including Havana Soliz Park, Lincoln Cunningham Park, Manzanita Stuart Park, and Portola Leslie Park. The project will also provide a safe route to school for students at Ord Terrace Elementary School, International School of Monterey, Martin Luther King Jr. School of the Arts, and to after school programs like the Boys and Girls Club.

The project is located less than half a mile from the Broadway Avenue Complete Street Corridor project currently in final design which was funded through the Active Transportation Program in Cycle 6. The education and encouragement programing for the Broadway Corridor project will encourage and increase safe bicycling and walking for students throughout the community. The San Pablo Avenue Pedestrian Bridge Replacement Project will build on this education and mode shift effort by closing a gap in the City’s pedestrian and bike network.

The City adopted the Seaside & Marina Safe Walking & Biking to School: Complete Streets Plan in February 2020. The Plan identifies the San Pablo Avenue Bridge (Pedestrian bridge between Stuart and Cunningham Parks) for Safe Routes to School related improvements. Consistent with the Plan, the San Pablo Avenue Pedestrian Bridge Packet Page 135
Re: San Pablo Avenue Pedestrian Bridge Replacement Project June 6, 2024

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Replacement Project will address the top community-identified safety concerns and barriers to children walking and biking to schools in the project area: visibility of students as they cross the bridge, safety of the bridge structure itself, safety of intersections and crossings, and speed of traffic along San Pablo.

The San Pablo Avenue Pedestrian Bridge Replacement Project is a vital active transportation project that will increase connectivity and benefit community health through walking and bicycling. The City of Seaside strongly supports this important project and asks that you approve the grant request. Thank you for your consideration of this project.

Sincerely,
Ian N. Oglesby, Mayor
City of Seaside
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL

MONTE AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE

TO THE BEGINNING OF THE GRANITE ROCK BUILDING FOR
THE CLASSIC PORSCHE EVENT ON AUGUST 12, 2024

RECOMMENDATION
Adopt a resolution permitting the closure of Del Monte Avenue to through traffic from Tioga Avenue to the beginning of the Granite Rock building to ensure public safety during the Classic Porsche Event on Monday, August 12, 2024.

BACKGROUND
Porsche Monterey will be holding their Classic Porsche Event on Monday, August 12, 2024, from 12:30 p.m. to 9:00 p.m. The majority of the event will take place on Porsche property. However, they are requesting the closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building for their Porsche display.

The closure of Del Monte Avenue will greatly enhance this event and will allow for greater safety for the participants.

If the City Council approves the request for closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building on Monday, August 12, 2024, between the hours of 12:30 p.m. to 9:00 p.m., staff recommends the following conditions be met:

1. Obtain an ABC License for the event. (Alcohol will only be allowed inside the building and they will have security).

2. Submit a Temporary traffic control plan and traffic detour plan prepared by a registered traffic engineer, reviewed and approved by Public Works.

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Item No. 8.M. Page 2 of 2

3. Organization to provide insurance coverage of the event.

4. Pay all city-related costs. See cost Estimate.

FISCAL IMPACT
The estimated cost for staff time and resources is $3,963.00, and the event organizers will pay all associated costs.

ATTACHMENTS

1. Special Event Application - Porsche Monterey - Classic Porsche Event 2024

2. Maps of Del Monte Avenue Closure 2024

3. Map of Del Monte Avenue Closure 2024

4. Resolution Porsche Monterey Classic Porsche Event 2024

5. Temporary Street Closure Policy- Porsche Monterey - Classic Porsche Event 2024 Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING

THE CLOSURE DEL MONTE AVENUE TO THROUGH TRAFFIC FROM TIOGA

AVENUE TO THE BEGINNING OF THE GRANITE ROCK BUILDING
WHEREAS, Porsche Monterey will be holding their Classic Porsche Event that is open to the public;
WHEREAS, the closing of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building is necessary between the hours of 12:30 p.m. and 9:00 p.m. on August 12, 2024 to insure the safety of the public;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby approves the closure of Del Monte Avenue from Tioga Avenue to the beginning of the Granite Rock building to ensure the safety of the public using this portion of roadway during this event.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 06th day of June 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

STAFF REPORT
Item No.: 8.N.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

PROFESSIONAL SERVICES CONTRACT WITH SCHAAF &

WHEELER FOR ADDITIONAL INVESTIGATION, SURVEYING,

AND HYDROLOGIC AND HYDRAULIC MODELING FOR
PREPARATION OF A STUDY OF THE 90-INCH STORM DRAIN
OUTFALL FOR AN AMOUNT NOT TO EXCEED $37,182.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the professional service agreement with Schaaf & Wheeler for additional investigation and surveying for preparation of a study of the 90-inch storm drain outfall for an amount not to exceed $37,182.00.

BACKGROUND
On April 4, 2024, the City Council authorized a professional services agreement (PSA) with Schaaf & Wheeler to develop the preliminary design concepts for improving or replacing the City's 90 inch outfall on West Bay Street in the amount not to exceed $66,192.00. The scope of services of the PSA included: data collection (kick off meeting, and review and compilation of existing watershed and drainage facility data), existing conditions hydraulic modeling (mapping of the Sand City storm drain system and existing municipal storm drain - hydraulic model preparation), capital improvement development (identification of recommended improvements, and preliminary drainage facilities quantity and construction cost estimate), documentation (draft technical memorandum and final technical memorandum), project management (meetings, billings, and management, and QA/QC), and a presentation of the study results at a Council Meeting.

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Item No. 8.N. Page 2 of 2
Sand City storm water drains into the 90 inch storm drain outfall on West Bay Street in Sand City. Schaaf & Wheeler had assumed the City of Seaside would obtain or provide the City of Sand City storm drain information. Seaside staff made a request for the existing Sand City storm drain information to City of Sand City staff. City of Sand City did not have their existing storm drain information (pipe, manhole, and drainage inlet locations, size, and inverts) readily available. They were also not able to provide hydrologic modeling and hydraulic calculations of their drainage system. Schaaf and Wheeler requires the Sand City storm drain information and drainage modeling/ calculations to complete the 90 inch storm drain outfall study. The City offered to Sand City that Seaside perform investigation, survey, and analysis of their storm drain system. City of Seaside staff requested a proposal from Schaaf & Wheeler to perform work to obtain that information.

On April 24, 2024. Staff received a proposal from Schaaf & Wheeler to perform the additional investigation, surveying, and hydrologic and hydraulic modeling. City staff has reviewed the proposal from Schaaf & Wheeler which will be an amendment to their original PSA, and agrees with their scope and fee.

FISCAL IMPACT
If the proposed amendment to the PSA of $37,182.00 with Schaaf & Wheeler for preparation of a study of the 90-inch storm drain outfall is approved by the City Council, the revised total agreement amount with Schaaf and Wheeler will be $103,374.00. With the contingency which the City Manager is already authorized to approve, the total possible agreement value is $109,993.20.

The approved budget for the 90 Inch Storm Drain Improvements in account 271-8910- 9963 is $250,000.00. This item is a request for authorization to sign an amendment to increase a professional services agreement value which will fall within the approved budget.

ATTACHMENTS

1. Resolution

2. PSA Amendment No. 1
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 6/06/24
Item #: X.X.

RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES

CONTRACT WITH SCHAAF & WHEELER FOR ADDITIONAL INVESTIGATION,

SURVEYING, AND HYDROLOGIC AND HYDRAULIC MODELING FOR
PREPARATION OF A STUDY OF THE 90-INCH STORM DRAIN OUTFALL FOR AN AMOUNT NOT TO EXCEED $37,182.00
WHEREAS, On April 4, 2023, the City Council authorized a professional services agreement (PSA) with Schaaf & Wheeler to develop the preliminary design concepts for improving or replacing the City's 90 inch outfall on West Bay Street in the amount not to exceed $66,192.00 and a 10% agreement contingency of $6,619.20; and WHEREAS, City of Seaside staff made a request for the existing Sand City storm drain information from City of Sand City staff because their storm water drains into the 90 inch storm drain outfall on West Bay Street in Sand City; and WHEREAS, The City of Sand City did not have their existing storm drain information (pipe, manhole, and drainage inlet locations, size, and inverts) readily available, and they were also not able to provide hydrologic modeling and hydraulic calculations of their drainage system; and
WHEREAS, to complete the 90 inch storm drain outfall study, Schaaf & Wheeler requires the Sand City storm drain information and drainage modeling/ calculations; and,
WHEREAS, City of Seaside staff requested a proposal from Schaaf & Wheeler to perform work to obtain the City of Sand City storm drain information and include it in the hydrologic modeling and hydraulic calculations; and WHEREAS, On April 24, 2024. Staff received a proposal from Schaaf & Wheeler to perform the additional investigation, surveying, and hydrologic and hydraulic modeling; and
WHEREAS, City staff has reviewed the proposal from Schaaf & Wheeler which will be an amendment to their original PSA, and agrees with their scope and fee; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside does hereby adopt a resolution authorizing the City Manager to execute Packet Page 159
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Amendment No. 1 to the professional service agreement with Schaaf & Wheeler for additional investigation, surveying, and hydrologic and hydraulic modeling for preparation of a study of the 90-inch storm drain outfall for an amount not to exceed $37,182.00 and a total agreement amount of $103,374.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 6th day of June, 2024, 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 TO FORM:
___________________________
Sheri L. Damon, City Attorney
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CONTRACT AMENDMENT #1

PROFESSIONAL SERVICES
City of Seaside

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CONSULTANT
ACCEPTANCE BY:

Daniel J. Schaaf, P.E.

Vice President
Signature Name and Title Date
Andrew A. Sterbenz, PE, Vice President, for 5/7/2024
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City of Seaside Page 1 of 3
Schaaf & Wheeler Consulting Civil Engineers
Sand City Storm Drainage

EXHIBIT A

SCOPE OF SERVICES
Basic services will consist of investigating and surveying the storm drainage systems within Sand City that drain to the Seaside trunkline. The data will be incorporated in the City Storm Drain Master Plan models and used to develop capital projects.

Task 1: Data Collection
The Schaaf & Wheeler team shall familiarize themselves with existing resource documents that contain information relating to this project and the City’s policies regarding storm water facilities.

Task 1.1: Kick-Off Meeting
Schaaf & Wheeler attend a kick-off meeting with City staff to discuss project goals, expectations, schedule, and other items. This meeting will be held at City offices or online.

Task 1.2: Collect Existing Drainage System Data
Schaaf & Wheeler and the team’s surveyor will collect data for all visible storm drain infrastructure in Sand City that drains to the Seaside outfall pipe. Storm drain manholes and inlets will be inspected and surveyed. Each structure will be surveyed for rim and invert elevations (NAVD88 Feet). Observations will measure pipe diameters, pipe materials, condition, and depth of sediment. Ideally this survey will coincide with neap tides and the system outfall opened.

Task 2: Data Collection
Task 2.1: Sand City System
Schaaf & Wheeler will determine the extents of the Sand City storm drainage system that utilizes the 90-inch outfall. The system components surveyed in Task 1.2 will be added to the SDMP models.

Task 2.2: Existing Municipal Storm Drain - Hydraulic Model Preparation Both the 10-year and 100-year event will be modeled. Tidal boundaries will include both static and design diurnal cycles. The hydraulic analysis will be based upon evaluation of the hydraulic grade line in comparison with existing grade (ground). Results will be compared to observed conditions in Sand City and Seaside.

Task 3: Documentation
Task 3.1: Draft Technical Memorandum
Schaaf & Wheeler will prepare a draft technical memorandum that supports the assessments and analysis in Tasks 1 and 2. The documentation will summarize San City hydrology and hydraulic analysis for the existing system, and condition assessment.

Task 3.2: Final Technical Memorandum
A final memorandum will be prepared which incorporates comments and modifications from the draft review by the City.

Task 4: Project Management
EXHIBIT A-1
Packet Page 163
City of Seaside Page 2 of 3
Schaaf & Wheeler Consulting Civil Engineers
Sand City Storm Drainage
Task 4.1: Meetings, Billings, and Management
Schaaf & Wheeler’s project manager will coordinate with City of Seaside staff throughout the project. Monthly billings will be prepared in a timely manner. Team members will be available via internet calls and in-person meetings throughout the project. Schaaf & Wheeler is budgeting for one (1) in-person meeting.

Task 4.2: QA/QC
An independent engineer at Schaaf & Wheeler will perform quality reviews of models, plans, and cost estimates at key project milestones.

Assumptions
The following summarizes study assumptions and criteria:
▪ The minimum pipe size for the City’s main storm drainage pipeline analysis is 12-inches. ▪ Up to 3 days of surveying is included.

This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services.

TASK # TASK DESCRIPTION DURATION
1 Data Collection 2 weeks after Notice to
Proceed for this Task
2 Existing Facilities Analysis 3 weeks after Notice to
Proceed for this Task
3 Documentation 3 weeks after Notice to
Proceed for this Task
Reimbursable Expenses. Eligible reimbursable expenses shall be billed to the City at actual cost with a 10% markup.

Billing Requirements. This scope and fee is an estimate for each task. Some tasks will take more effort and some less. Schaaf & Wheeler will not invoice the City for more than the not-toexceed amount of $37,182 without written approval.

Packet Page 164
City of Seaside Page
3 of 3
Schaaf & Wheeler Consulting Civil Engineers
Sand City Storm Drainage Project Manager Associate Engineer Assistant Engineer GIS Analyst Task # Tasks Hourly Rate $285 $225 $205 $175
Task 1 Data Collection and Analysis 2 18 16 2 $ 8,250 $ 13,332 $ 21,582

1.1 Kick-Off Meeting 2 2 $ 1,020 $ 1,020

1.2 Sand City Field Work 16 16 2 $ 7,230 $ 13,332 $ 20,562 Task 2 Drainage System Hydraulic Modeling/Alternatives Analysis 6 6 16 2 $ 6,690 $ - $ 6,690

2.1 Sand City System Model 4 4 8 2 $ 4,030 $ 4,030

2.2 Incorporate into 10-year and 100-year Models 2 2 8 $ 2,660 $ 2,660 Task 4 Storm Drain Master Plan Development 6 12 4 8 $ 6,630 $ - $ 6,630

4.1 Draft Memorandum 4 8 2 4 $ 4,050 $ 4,050

4.2 Final Memorandum 2 4 2 4 $ 2,580 $ 2,580
Task 5 Administration and Project Management 8 0 0 0 $ 2,280 $ - $ 2,280

5.1 Project Management, Billings, Meetings and Coordination 4 $ 1,140 $ 1,140

5.2 QA/QC* 4 $ 1,140 $ 1,140
Direct Project Expenses $ - $ -
TOTAL 22 36 36 12 $ 23,850 $ 13,332 $ 37,182 Total
City of Seaside
Public Works Department
Sand City Storm Drain Investigation
Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
Date: March 18, 2024
Schedule of Hours and Rates by Task
Schaaf & Wheeler S&W Subtotal Sub Consultants
Packet Page 165

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.O.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dominique Davis, City Clerk
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE REMOTE MEETING

PARTICIPATION POLICY AND REINSTATING THE ACCEPTANCE

OF PUBLIC COMMENT VIA VIRTUAL TELE-CONFERNCING

PLATFORM (CURRENTLY ZOOM)

RECOMMENDATION
Adopt a resolution approving the remote meeting participation policy and reinstating the use of Zoom for public comments.

BACKGROUND
The City Council recognizes the importance of public engagement in local government.

At its May 2, 2024, regular meeting, the City Council reviewed and provided feedback on the draft remote meeting participation policy. The feedback is incorporated into the revised version attached, and responds to the request of the City Council for the establishment of a policy to accompany the return of allowing public comment via zoom. The policy aims to ensure public access is available virtually to the City Council meetings, and the public meetings of its Boards, Commissions and Committees and is a commitment to addressing and preventing hate speech and other disruptive behaviors.

Restoring the ability to make public comment through zoom, has the benefit of increased accessibility for those who cannot attend meetings in person due to distance, disability, or scheduling conflicts; encourages broader public participation in local government; and provides a convenient alternative for public comment. With approval and adoption of the resolution and policy, public comments are slated to be reinstated.

The remote option complements the existing in-person attendance and public comment process.

Packet Page 166

Item No. 8.O. Page 2 of 2
Policy Overview
Access: Meeting links and access codes will be included in the public meeting agenda at least 72 hours prior to regular meetings and 24 hours before special meetings.

Participants can join via computer, tablet, or phone.

Testing: The City encourages participants to test their Zoom connection beforehand, but technical assistance won't be available during meetings.

Public Comment Procedures: Participants will be muted upon joining. During designated comment periods, the City Clerk will un-mute speakers in the order they joined the queue. Each speaker will have 3 minutes (or a designated time) to comment. The Mayor and City Clerk can mute or remove disruptive participants.

Comment Guidelines: Comments must be respectful, relevant to the agenda item, and avoid personal attacks, threats, or hateful speech. The City reserves the right to enforce these guidelines using a "Stop/Mute-Warn-Second Chance-Eject" process aligned with SB1100 amendments to the Brown Act.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution

2. FINAL Zoom Remote Participation Policy
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 167
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPTING THE REMOTE MEETING PARTICIPATION POLICY
WHEREAS, the City Council of the City of Seaside recognizes the importance of public engagement in local government; and WHEREAS, on May 2, 2024, the City Council established a “Remote Meeting Participation Policy for Public Comment via Video Tele-conferencing Technology” policy (hereinafter referred to as “policy”) to accompany the return of allowing public comment via video teleconferencing technology (currently Zoom); and
WHEREAS, the policy is to ensure public access is available virtually to City Council meetings, and the public meetings of its Boards, Commissions and Committees; and
WHEREAS, this policy is a commitment to addressing and preventing hate speech and other disruptive behaviors; and
WHEREAS, restoring the ability to make public comment through Zoom has the benefit of increased accessibility, encourages broader public participation, and provides a convenient alternative for public comment; and WHEREAS, the remote option complements the existing in-person attendance and public comment process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside as follows:

Section 1. Adoption of Remote Meeting Participation Policy.

The City Council hereby adopts the Remote Meeting Participation Policy, as attached hereto and incorporated herein by reference, to govern public participation in City Council meetings, and the public meetings of its Boards, Commissions and Committees, conducted remotely via Zoom.

Section 2. Severability.

If any provision of this Resolution or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

Meeting Date: 06/6/24
Item #: X.X.

Packet Page 168
Section 3. Effective Date.

This resolution shall take effect at the next meeting of the City Council, upon its passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on this 6th day of June 2024, 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
Packet Page 169
1 POLICY GOVERNING REMOTE MEETING

PARTICIPATION POLICY FOR PUBLIC COMMENT

VIA VIDEO TELECONFERENCING TECHNOLOGY
The Seaside City Council recognizes the importance of public participation in the local government process. This policy outlines the procedures for providing public comment remotely via video teleconferencing technology during public meetings.

PRINCIPLES OF USE
The City Council, and its Boards, Commissions and Committees holds its public meetings in person, with a virtual option through video conferencing technology (currently Zoom).

Zoom tele-conferencing technology can be utilized for virtual public participation; however, it’s important to note that the City of Seaside makes no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner.

Participation by members of public through this means is at their own risk.

The City of Seaside reserves the right to refuse, limit, and/or revoke use of video conferencing technology and the option for virtual public participation. Granting use of the virtual participation in no way constitutes an endorsement of any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech. The City may remove any participate that violates its agreement or applicable policy with proper notice as outlined in the conditions of use/meeting access.

Within this policy also includes a code of conduct for meetings that encourages participants to be considerate, respectful, and collaborative.

CONDITIONS OF USE/MEETING ACCESS
The Zoom meeting link and any access codes will be included in the public meeting agenda posted on the City’s website at least 72 hours prior to a regular meeting, and/or 24 hours prior to a special meeting. Participants may join the meeting via computer, tablet, or phone. The City encourages participants to test their Zoom connection prior to the meeting.

Testing and technical assistance is not available for virtual meeting participants.

PUBLIC COMMENT PROCEDURES
• Participants will be muted upon joining the meeting.
• During the designated public comment period for each agenda item, the Mayor (or Chair or designee) will unmute participants wishing to speak in the order they joined the queue. • Participants will be called upon by name, username, number or as designated by the clerk.

Packet Page 170
2 • Each speaker will be allotted three (3:00) minutes to deliver their comment, or for a time determined by the Mayor (or Chair or designee).
• The Mayor, and City Clerk (or Chair or designee) will have the authority to mute or remove participants who violate these procedures or disrupt the meeting.

COMMENT GUIDELINES
• Comments should be respectful and relevant to the agenda item being discussed. • Personal attacks on any individual will not be tolerated. • Threats, including threats of violence, shall not be tolerated. • Derogatory racial, sexual, ethnic, and similar slurs shall not be tolerated. • No person attending a public meeting shall engage in disorderly or boisterous conduct, including, but not limited to applause, whistling, stamping of feet, booing, or other loud noises.
• If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council, or its Board, Commission or Committee meeting, it shall not be permitted.
• Comments exceeding the time limit may be cut short.
• If any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech, the City Council, and its Boards, Commissions and Committees will employ the "Stop/Mute-WarnSecond Chance-Eject" process. o Implementing the process would be in accordance with the SB1100 amendments to the Brown Act. These were based upon research about the City Council meeting being a "designated public forum" (i.e. designated for speech only on matters within the subject-matter jurisdiction of the City), which allows reasonable time, place and manner regulations set to achieve a significant public purpose and a review of other agencies "public decorum rules and regulations". Potential Rules for Public Comment (Zoom and In-Person)
"STOP/MUTE-WARN-SECOND CHANCE-EJECT" PROCESS

1. Stop/mute participant

2. Warn [must be specific what’s disruptive/not allowed]

3. Second chance – participant is provided another opportunity to conduct themselves appropriately

4. Eject/remove from meeting if disruption continues

ALTERNATIVES TO REMOTE PUBLIC COMMENT
Written comments may be submitted electronically via email as detailed on the agenda or by mail to the City Clerk’s Office, 440 Harcourt Avenue, Seaside, CA 93955 prior to the meeting.

Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments will be included in the official record of the meeting.

Packet Page 171
3 During the Meeting via Oral Comments: When the Mayor (or Chair or designee) calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when public comment is opened.

RECORDING AND ARCHIVING
When available, the City Council, and its Board, Commission and Committee meetings are routinely recorded and archived on the City’s YouTube Channel. Recordings will include remote public comments. The adopted meeting minutes serves as the final and official record of meeting action.

DISCLAIMER
The City Council reserves the right to modify this policy at any time.

For More Information:

Please contact the City Clerk’s Office at 831-899-6707 or [email protected] Revised: May 2, 2024
Packet Page 172

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.P.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Patrick Grogan, Associate Engineer
DATE: June 6, 2024
SUBJECT: REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY

COMMITTEE RECOMMENDATIONS TO APPROVE THE
INSTALLATION OF GREEN CURB AT 1121 ELM AVENUE AND

APPROVE THE ADDITION OF A SECOND DRIVEWAY APPROACH
AT 1486 SANTA CLARA AVENUE

RECOMMENDATION
The Traffic Advisory Committee (TAC) recommends approving: 1. installation of green curb in front of 1276 Fremont Boulevard; and, 2. approve the installation of a second driveway approach at 1486 Santa Clara Avenue.

BACKGROUND
The Traffic Advisory Committee (TAC) reviewed and provided recommendations regarding two applications at the May 19, 2024 regular meeting. A brief summary of two (2) of the items are presented below.

Item 1
Staff received the TAC Request Application (attachment 1), dated January 10, 2024, from a resident requesting the installation of blue curb in front of 1121 Elm Avenue.

The application was heard by TAC on March 19, 2024, and returned to TAC on May 21, 2024 for additional discussion.

The home at 1121 Elm Avenue is a single family residential property. Elm Avenue is classified as a residential street, with a posted speed limit of 30 miles per hour (mph), one lane of traffic in the east and west-bound directions, with parallel parking. The street is approximately 36 feet wide, from face of curb to face of curb. Sidewalks Packet Page 173

Item No. 8.P. Page 2 of 5
measuring approximately 5 feet wide are present on this block. Multifamily and single residences are present on this block of Elm Avenue.

Staff conducted a site visit at 1121 Elm Avenue (attachment 3). During the site visit, it was noted that there were several cars parked on the street, with little parking availability. The lot has approximately 51 feet of street frontage. There is a driveway from Elm Avenue, which slopes steeply down from the street, to the single-car garage.

The resident stated that she is not able to exit the car safely on the driveway due to its slope, and that her garage is too narrow for her to exit the car.

Per SMC 10.32.240 A.5, Curb markings to indicate no stopping and parking regulations, "Blue indicates parking limited exclusively to the vehicles of physical handicapped persons."
Public Right of Way Accessibility Guidelines (PROWAG) section R310.2 outlines the requirements for American with Disabilities Act (ADA) compliant parallel parking spots.

This regulation is summarized as follows:

Parallel on-street parking spaces shall be at least 24 feet (7.3 m) long minimum and 13 feet (4.0 m), and shall not encroach on the traveled way, except where spaces are altered but the adjacent pedestrian circulation path is not. Any accessible parallel onstreet parking spaces provided may have the same dimensions as the adjacent parallel spaces if they are provided nearest a compliant crossing with a curb ramp or blended transition. The right of way should not be less than 9 feet in width. Each parallel onstreet parking spaces shall connect to pedestrian access routes. Where curb ramps and blended transitions are used, they shall not reduce the required width or length of the parking spaces and shall be located at either end of the parking space.

In order to conform with the accessible parallel parking space requirements, curb and sidewalk alterations would be required in order to place the ADA parking space in front of 1121 Elm Avenue. The current width from the centerline of the right of way to the back of the sidewalk is approximately 23 feet. A minimum width of 27 feet, from centerline to the back of the sidewalk, is required to install the appropriate curb and sidewalk alterations. Alternatively, if the available right of way does not meet the requirements, a section of blue curb may be painted to designate an ADA-compliant parking spot adjacent to a corner curb ramp, or midblock crossing with a curb ramp.

There are no compliant curb ramps in the vicinity of the applicant's residence. If a curb ramp were to be installed, the closest suitable location would be the north-east corner of Terrace Street and Elm Avenue, approximately 150 feet from the applicant's residence.

Due to the lack of compliant curb ramps, and the lack of street right of way width, staff evaluated alternative solutions to fulfill the applicant's request.

Packet Page 174

Item No. 8.P. Page 3 of 5
Alterative 1: Paint 20 feet of green curb immediately west of the applicant's existing driveway approach. California Vehicle Code section 22511.5 allows a person displaying a disabled placard or license plate to park for an unlimited amount of time in timerestricted parking spaces. The public would still be allowed to park in the space within the 20-minute time restriction.

Alternative 2: Grant a Minor Use Permit to allow the applicant to pave a parking space within their front setback. This solution would require an alteration of the existing SMC to allow a Minor Use Permit for this use. The topography of the applicant's front yard would also make the construction of this option difficult, as it slopes steeply away from the street.

Alternative 3: Implement a residential parking permit program. This solution would require that a parking permit program be added to SMC, and City staff implement, manage, and enforce the program. A program budget would also need to be approved.

It is estimated that it would take up to a year to design and implement this program.

Due to the lack of right of way width and required improvements to conform with the ADA regulations, and the difficulties involved in amending SMC to allow for the other alternatives, the TAC recommends placing 20 feet of green curb in front of 1121 Elm Avenue.

Item 2
The property owner of 1486 Santa Clara Avenue submitted a TAC application on March 21, 2024, requesting the widening of an existing second driveway approach, to allow for access to a proposed garage. The lot currently has two driveway approaches on Santa Clara Avenue, but only one of the approaches has a paved driveway, as required by municipal code. The applicant is requesting to widen the existing approach on the west side of the property to accommodate a proposed 16-foot wide paved driveway.

There is currently no driveway associated with the approach on the west side of the property.

Santa Clara Avenue is a local road, with one lane of travel in both the east and westbound directions, parallel parking on both sides, and is populated with single family homes. It is approximately 35 feet wide, from face of curb to face of curb, and has a speed limit of 25 mph. 5-foot sidewalks are present on both sides of the street. 1486 Santa Clara Avenue is a single parcel with one residence and a detached two-car garage on the east side of the property. The property has approximately 90 feet of street frontage.

Staff analyzed the application for conformance with SMC. The application did not conform with the following code sections.

SMC section 17.30.030 Height Limits and Exceptions for Structures outlines sight Packet Page 175

Item No. 8.P. Page 4 of 5
distance requirements for driveways. The driveway visibility area shall be defined by measuring 15 feet along the driveway from the intersection of the driveway with the street right-of-way line, and 15 feet along the street line, away from the driveway, and connecting the lines across the intervening property. Table 3-1 in SMC 17.30.020 established the height limit for fences within the driveway visibility area at 4 feet.

The existing fence on the west side of the property is within the driveway visibility area, and is 4.4 feet tall, exceeding the height limit by 5 inches. The fence protrudes into the driveway visibility area by approximately 1.75 feet.

SMC section 17.34.120 Driveways and Site Access, outlines the requirements for driveways of Single Family Dwellings. Section A states that parcels within the RS-8 or RS-12 zones may have two separate driveways if they have 200 feet or more of street frontage.

Per the above stated code sections, 1486 Santa Clara Avenue is not eligible for a second driveway, as its frontage is only 90 feet of the required 200 feet. If the owner were to modify the existing second driveway approach, it would need to conform to Seaside Municipal Code. The approval of this application would remove one public parking spot from Santa Clara Avenue.

TAC recommends approving the resident's application for an additional driveway approach off of Santa Clara Avenue, with the condition that the applicant alter the fence to meet the requirements of the driveway visibility area.

FISCAL IMPACT
The fiscal impact of the following items are as follows:

1. There is no fiscal impact associated with Item 1 - Approve installation of green curb in front of 1121 Elm Avenue. The cost of $502.00 would be paid by the applicant.

2. There is no fiscal impact associated with Item 2 - Approve a second driveway approach at 1486 Santa Clara Avenue. The cost of the improvements would be paid by the applicant.

ATTACHMENTS

1. Item 1 - 1121 Elm Avenue

2. Item 2 - 1486 Santa Clara Avenue
Reviewed for Submission to the City Council by:

Packet Page 176

Item No. 8.P. Page 5 of 5
________________________________________
Nicholas Borges, Acting City Manager
Packet Page 177
Packet Page 178
Area of requested colored curb, in front of 1121 Elm
Applicant’s driveway and garage
Packet Page 179
Applicant’s street front
Example of parking availability, approximately 10:30 am.

Packet Page 180
Example of parking availability, approximately 10:30 am.

Packet Page 181
Packet Page 182
Existing second approach.

Primary approach, to remain.

Packet Page 183
Fence in safety visibility area.

Portion of existing approach to be widened.

Packet Page 184

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.Q.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Dan Meewis, Recreation Director
DATE: June 6, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE PROPOSITION 47 GRANT PROGRAM:

SAFE NEIGHBORHOODS AND SCHOOLS ACT THROUGH THE

BOARD OF STATE AND COMMUNITY CORRECTIONS

RECOMMENDATION
Adopt the Resolution authorizing the submission of the Prop 47 Grant application.

BACKGROUND
The Village Project Inc. intends to apply for the Proposition 47 Grant Program: Safe Neighborhoods and Schools Act. However, per the grant guidelines, a Public Agency must be the lead agency in a partnership with a Community Based Organization. The Village Project Inc., reached out to the City to see if there was an opportunity to partner in this opportunity. In collaboration with the Police Department and the Recreation Department, it was determined that the City would like to assist in this endeavor with our long-standing community partner.

Proposition 47 was a voter approved initiative on the November 4, 2014, general election ballot. As stated in the ballot measure:

The people enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment.

As father stated in the proposition, the Board of State & Community Corrections Packet Page 185

Item No. 8.Q. Page 2 of 2
responsibilities are to:

Administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with and emphasis on programs that reduce recidivism of the people convicted of less serious crimes, such as those covered by this measure and those who have substance abuse and mental health problems.

The deadline for application submission is Monday, June 10, 2024, at 5pm.

FISCAL IMPACT
There is no fiscal impact with the grant application submission.

ATTACHMENTS

1. 2024 Prop 47 Grant application Resolution
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 186
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE PROPOSITION 47 GRANT PROGRAM: SAFE NEIGHBORHOODS AND SCHOOLS ACT, THROUGH

THE BOARD OF STATE AND COMMUNITY CORRECTIONS
WHEREAS, Proposition 47 was a voter approved initiative on the November 4, 2014, general election ballot. As stated in the ballot measure; and WHEREAS, The Village Project Inc. intends to apply for the Proposition 47 Grant Program: Safe Neighborhoods and Schools Act; and
WHEREAS, The Proposition 47 grant guidelines requires a Public Agency must submit the application as the lead agency with a partnership with a Community Based Organization; and
WHEREAS, The City’s Police and Recreation Departments will collaborate with the Village Project Inc. and apply for the Proposition 47 Grant as the lead agency; and WHEREAS, the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside authorizes the submittal of the application to the Board of State and Community Corrections for the Proposition 47 Safe Neighborhoods and Schools Act Grant Program.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

Packet Page 187
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 188

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Sheri Damon, City Attorney
DATE: June 6, 2024
SUBJECT: CONFIRM SETTLEMENT AGREEMENT WITH PETROVICH

DEVELOPMENT AND AUTHORIZE THE ACTING FINANCE
DIRECTOR TO REMIT $850,000.00 FROM THE SPECIAL

RESERVES FUND

RECOMMENDATION
Confirm Settlement Agreement with Petrovich Development Company and Authorize the Acting Finance Director to Pay $850,000.00

BACKGROUND
On May 6, 2024, the City Council approved a Conditional Settlement of Monterey County Superior Court Case 21CV003630, pending the receipt of the appropriate Settlement documents. The Settlement Agreement calls for the payment of the settlement amount within 15 days of the settlement. The Settlement Agreement is attached to this staff report. The Acting Finance director has requested specific authorization from the City Council to utilize the special reserves fund to pay the settlement amount.

FISCAL IMPACT
$850,000.00 from the Special Reserves Fund

ATTACHMENTS

1. 2024-05-24 Settlement Agmt and Release - Final - Fully Executed

2. Draft Resolution - Settlement Agreement wih Petrovich Packet Page 189

Item No. 9.A. Page 2 of 2
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 190
Packet Page 191
Packet Page 192
Packet Page 193
Packet Page 194
May 24, 2024
Packet Page 195
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION CONFIRMING SETTLEMENT AGREEMENT WITH

PETROVICH DEVELOPMENT AND AUTHORIZE THE ACTING FINANCE
DIRECTOR TO PAY $850,000.00 FROM THE SPECIAL RESERVES FUND WHEREAS, on May 6, 2024 the City Council approved a Conditional Settlement of Monterey County Superior Court Case 21CV003630 pending the receipt of the appropriate settlement documents; and
WHEREAS, the Settlement Agreement, which has been fully executed on May 24, 2024 calls for the payment of the settlement amount of $850,000.00 within 15 days of the settlement; and
WHEREAS, The Acting Finance Director has requested specific authorization from the City Council to utilize the special reserves fund to pay the settlement amount; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside hereby confirms the attached Settlement Agreement with Petrovich Development and authorizes the Acting Finance Director to utilize the special reserves fund to pay the settlement amount.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of June, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
Packet Page 196
APPROVED AS TO FORM:
____________________________
Sheri L. Damon, City Attorney
Packet Page 197

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

PROJECT AND AWARDING A CONSTRUCTION CONTRACT TO
COASTAL PAVING AND EXCAVATING INC. FOR AN AMOUNT
NOT TO EXCEED $2,341,712.40 AND TOTAL PROJECT

CONSTRUCTION COST INCLUDING CONTINGENCY OF
$2,575,883.64

RECOMMENDATION
Adopt a resolution approving the plans and specifications for the 2023 Pavement Rehabilitation Project; waiving minor bid irregularities, awarding a construction contract to Coastal Paving and Excavating Inc. for an amount not to exceed $2,341,712.40; establishing a 10% construction contingency for a total project construction amount not to exceed $2,575,883.64; authorizing the City Manager to execute the construction contract and approve any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

BACKGROUND
In March 2023, the City Council adopted a 5-Year Street Rehabilitation Policy and street list for the 2023 Pavement Rehabilitation Project (Project). The 2023 Pavement Rehabilitation Project focused on residential streets with 80% of the available funds for light to heavy maintenance treatments, like pavement overlays and base repairs, and 20% of the funds reserved for pavement reconstruction. During the design phase, the pavement analysis determined that full reconstruction was no longer necessary due to the majority of the streets having adequate pavement structural sections. Without the Packet Page 198

Item No. 9.B. Page 2 of 3
need for full reconstruction, there was an opportunity for an additional street segment to be added to the Project. Staff chose Yosemite Street from Broadway Avenue to Mingo Avenue to be included in the design as an bid alternate. In addition to pavement overlay and base repairs, the Project includes installation of new curb ramps, a sanitary sewer main repair on Flores Street, a storm drain headwall repair on Harding Street, utility and roadway sign relocations, preservation of benchmarks and monuments, and pavement striping.

The design was complete, and the Project was released for construction bids on April 25, 2024. Six bids were received and opened on May 23, 2023, from the following contractors:

Contractor Base Bid Alternate A Total
Coastal Paving &
Excavating Inc.
$1,944,720.85 $396,991.55 $2,341,712.40
MCKIM Corporation $1,980,316.73 $364,733.08 $2,345,049.81 Monterey Peninsula
Engineering
$2,112,143.00 $366,453.00 $2,478,596.00
Graniterock Company $2,420,717.50 $374,052.00 $2,794,769.50 The Don Chapin
Company
$2,828,192.00 $518,384.00 $3,346,576.00
Granite Construction
Company
$2,925,238.75 $458,494.55 $3,383,733.30
The Bids were reviewed by the designer and city staff and minor irregularities were identified. Per the Public Works Bid Requirements, public agencies may waive informalities or minor irregularities in a bid as long as they do not give a competitive advantage to a bidder over others.

The basis of award of the construction contract is the total of the Base Bid plus Alternate A. Based upon the bids submitted, Coastal Paving & Excavating Inc. is the lowest responsive and responsible bidder, with a bid of $2,341,712.40. Staff reviewed Coastal Paving & Excavating's bid and determined that the bid is responsive, and the bidder and subcontractors have the necessary qualifications and experience level to satisfactorily perform all work within the project scope. Staff evaluated the Alternate A Bid Schedule against the available funding sources, and it is recommended to award the Base Bid and Alternate A to Coastal Paving & Excavating Inc. for an amount not to exceed $2,341,712.40.

ENVIRONMENTAL COMPLIANCE
Packet Page 199

Item No. 9.B. Page 3 of 3
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301: Existing Facilities Class 1 exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.

Evidence: The proposed project would consist of pavement rehabilitation, repair of an existing sewer mainline, and new curb ramps which would not result in an expansion or significant modification of the existing roadway, sidewalk and utility infrastructure.

Therefore, there are no significant activities associated with the 2023 Pavement Rehabilitation Project.

FISCAL IMPACT
The proposed construction contract with Coastal Paving & Excavating Inc. is for an amount not to exceed $2,341,712.40. A construction contingency of 10%, or $234,171.24 is appropriate for a project of this scope. The 2023 Pavement Rehabilitation Project is in the adopted FY 23/24 Capital Improvement Program, funded through Measure X and SB 1 with an available budget of $3M. There are sufficient funds in the account (212-8920-9600) to execute the construction contract. Staff will return to City Council to seek approval of a reimbursement agreement with Seaside County Sanitation District to reimburse the City for costs associated with the repair of the sewer main on Flores Street.

ATTACHMENTS

1. Resolution

2. Construction Contract

3. Addendum No. 1

4. 2023 Pavement Rehab Specifications

5. 2023 Pavement Rehab Project Plans
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 200
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2023 PAVEMENT

REHABILITATION PROJECT AND AWARDING A CONSTRUCTION CONTRACT TO COASTAL PAVING & EXCAVATING INC. FOR THE 2023 PAVEMENT REHABILITATION PROJECT FOR AN AMOUNT NOT TO EXCEED $2,341,712.40 AND A TOTAL AUTHORIZED COST WITH 10% CONTINGENCY OF
$2,575,883.64
WHEREAS, the 2023 Pavement Rehabilitation Project is an approved City Capital Improvement Project identified in the fiscal year 2023/2024 annual budget; and WHEREAS, the City Council adopted the 5-Year Street Rehabilitation Policy and street list for the 2023 Pavement Rehabilitation Project; and WHEREAS, the proposed improvements include base repair and pavement overlay on 11 residential roadway segments, new curb ramps, a sanitary sewer main repair on Flores Street, a storm drain headwall repair on Harding Street, utility and roadway sign relocations, preservation of benchmarks and monuments, and pavement striping; and WHEREAS, the project was designed and put out to bid and advertised on April 25, 2024 and a pre bid meeting was held on May 8, 2024; and WHEREAS the project bid documents included one bid alternate for the city to award, or not award, at their discretion in addition to the Base Bid Schedule; and WHEREAS on May 23, 2024, six bids were received at a public bid opening; and WHEREAS, Coastal Paving & Excavating Inc. was determined to have the lowest responsive and responsible bid in the amount of $2,341,712.40; and WHEREAS, an amount of $234,171.24 contingency, approximately 10% of the contract value, should be authorized on an as required basis; and WHEREAS, Coastal Paving & Excavating Inc. has successfully completed similar pavement rehabilitation projects in the Monterey Bay area; and Meeting Date: 06/06/24
Packet Page 201
WHEREAS, following review of the Alternate A bid schedule and the available funding sources, Alternate A bid schedule will be included in the Construction Contract award; and
WHEREAS, the Project is categorically exempt per Article 19, section 15301 of CEQA because the project will repair the pavement of city streets and facilities, and involves negligible or no expansion of use.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the plans and specifications, waives bid minor regularities, and authorizes the City Manager to execute a construction contract to Coastal Paving & Excavating Inc. for the Base Bid and Alternate A Bid Schedule for the 2023 Pavement Rehabilitation Project, for an amount not to exceed $2,341,712.40; and
NOW, THEREFORE BE IT FURTHER RESOLVED, that the City of Seaside City Council authorize the City Manager, to execute up to an additional 10% contingency for written amendments to the construction contract outlined above such that the full value of the contract may not exceed $2,575,883.64.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 6th day of June 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
_____________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
_____________________________
Sheri L. Damon, City Attorney
Packet Page 202

CITY OF SEASIDE

CONSTRUCTION BID CONTRACT
2023 PAVEMENT REHABILITATION PROJECT
This Agreement, made and concluded in duplicate this ___6____ day of June, 2024 , between the CITY OF SEASIDE, herein referred to as "City", and Coastal Paving & Excavating Inc., herein referred to as "Contractor".

WITNESSETH:

Article I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City and hereunto annexed, the said Contractor agrees with the said City, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of said City, in accordance with the provisions hereto annexed and also in accordance with the latest applicable General prevailing Wage Rates.

The work to be done is specified in these special provisions Titled “Book 1 Notice, Plans, & Special Provisions” for the 2023 Pavement Rehabilitation Project, dated April 25, 2024, approved by the Public Works Director/City Engineer, which said special provisions and plans are made part of this contract.

Article II. The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to, for the price hereinafter set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

Article III. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

Article IV. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Article V. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the said City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

ITEM
NO.

ITEM DESCRIPTION Unit Base Bid
Est. Qty
Alt A
Est. Qty
Total
Est. Qty
UNIT
PRICE
TOTAL
COST
1 Mobilization, Bonds & Insurance LS 92000.0 18000.0 110000 $110,000.00 $110,000.00 2 Traffic Control LS 170000.0 90000.0 260000 $260,000.00 $260,000.00 3 Water Pollution Control Program LS 25293.6 7500.0 32793.60 $32,793.60 $32,793.60 4 1/2" HMA (Type A) PG 64-10 TN 3,092 586 3678 $160.00 $588,480.00 Packet Page 203
Construction Contract – Coastal Paving & Excavating Inc. Page 2 2023 Pavement Rehabilitation Project
ITEM
NO.

ITEM DESCRIPTION Unit Base Bid
Est. Qty
Alt A
Est. Qty
Total
Est. Qty
UNIT
PRICE
TOTAL
COST
5 3/8" HMA (Type A) PG 64-10 TN 975 168 1143 $180.00 $205,740.00 6 Remove & Replace 4" HMA SF 8,518 150 8668 $10.00 $86,680.00 7 Remove, Regrade,and Replace
6" HMA SF 2,100 0 2100 $12.00 $25,200.00
8 HMA Conform SF 7,208 1,433 8641 $15.00 $129,615.00
9 Remove Existing AC Hardscape
Behind Berm EA 1 0 1 $3,000.00 $3,000.00
10 Remove & Replace HMA
Dike/Berm (Allowance) LF 270 0 270 $30.00 $8,100.00
11 Remove & Replace HMA
Transition at Driveway LF 189 0 189 $55.00 $10,395.00
12 6" Deep Lift Stabilization
(Allowance) SF 426 8 434 $30.00 $13,020.00
13 Keycut A1 (5ft, 1-3/4") LF 9,593 0 9593 $4.00 $38,372.00 14 Keycut A2 (6ft, 1-3/4") LF 8,540 2,290 10830 $4.00 $43,320.00 15 Keycut B1 (15ft, 2-1/4") LF 690 124 814 $12.00 $9,768.00 16 Keycut B2 (25ft, 2-1/4") LF 0 31 31 $50.00 $1,550.00 17 Keycut B3 (15ft, 2-1/2") LF 535 0 535 $15.00 $8,025.00 18 Remove & Replace PCC
Sidewalk (4") SF 1,847 726 2573 $30.00 $77,190.00
19 Construct PCC Ramping Surface
(6") SF 3,541 477 4018 $20.00 $80,360.00
20 Remove & Replace/Construct
PCC Valley Gutter/Spandrel SF 1,139 0 1139 $45.00 $51,255.00 21 Remove & Replace PCC
Driveway SF 35 0 35 $150.00 $5,250.00
22 Install Detectible Warning
Surface SF 514 150 664 $25.00 $16,600.00
23 Remove & Replace PCC Curb LF 134 0 134 $125.00 $16,750.00 24 Remove & Replace PCC Curb &
Gutter LF 1,381 318 1699 $85.00 $144,415.00
25 Remove & Replace/Construct
PCC Retaining Curb LF 579 195 774 $65.00 $50,310.00
26 Remove & Replace PCC
Transition at Driveway LF 40 0 40 $300.00 $12,000.00
27 Convert Curb Inlet into Grate
Inlet EA 2 0 2 $7,500.00 $15,000.00
28 Remove & Replace 12" RCP LF 12 0 12 $700.00 $8,400.00 29 Construct PCC Headwall EA 1 0 1 $12,000.00 $12,000.00 30 Prune & Remove Tree Roots
(Under HMA/PCC Repairs) EA 2 0 2 $3,000.00 $6,000.00
31 Remove Tree & Root Ball EA 0 2 2 $8,000.00 $16,000.00 32 Survey Monument Research LS 5000 1260 6260 $6,260.00 $6,260.00 33 Survey Monument Preservation EA 6 5 11 $800.00 $8,800.00 34 Reset Brass Pin Survey Marker EA 7 0 7 $1,700.00 $11,900.00 35 Reset City Vertical Benchmark EA 5 0 5 $1,200.00 $6,000.00 36 Locate Buried Monument
(Allowance) EA 3 0 3 $500.00 $1,500.00

Packet Page 204
Construction Contract – Coastal Paving & Excavating Inc. Page 3 2023 Pavement Rehabilitation Project
ITEM
NO.

ITEM DESCRIPTION Unit Base Bid
Est. Qty
Alt A
Est. Qty
Total
Est. Qty
UNIT
PRICE
TOTAL
COST
37 Replace Iron Pipe or Railroad
Spike Monument w/Street
Survey Monument (Allowance)
EA 3 0 3 $2,000.00 $6,000.00
38 Repair Existing Sanitary Sewer
Line Break EA 2 0 2 $4,000.00 $8,000.00
39 Lower Gas Valve Cover EA 1 0 1 $1,200.00 $1,200.00
40 Lower Sanitary Sewer Manhole
Cover to Finish Grade EA 6 0 6 $1,500.00 $9,000.00
41 Lower Sewer Cleanout Cover EA 0 1 1 $1,200.00 $1,200.00 42 Lower Storm Drain Manhole
Cover EA 8 0 8 $1,210.00 $9,680.00
43 Lower Survey Monument Cover EA 1 0 1 $1,210.00 $1,210.00 44 Lower Water Valve Cover EA 30 1 31 $950.00 $29,450.00 45 Adjust Gas Valve Cover To
Finish Grade EA 1 0 1 $1,000.00 $1,000.00
46 Adjust Sanitary Sewer Manhole
Cover to Finish Grade EA 28 2 30 $1,000.00 $30,000.00
47 Adjust Sewer Cleanout Cover to
Finish Grade EA 8 2 10 $1,000.00 $10,000.00
48 Adjust Storm Drain Manhole
Cover to Finish Grade EA 8 1 9 $1,000.00 $9,000.00
49 Adjust Survey Monument Cover
to Finish Grade EA 5 5 10 $1,000.00 $10,000.00
50 Adjust Water Valve Cover to
Finish Grade EA 55 8 63 $1,000.00 $63,000.00
51 Install Blue RPM at Fire Hydrant EA 17 2 19 $10.00 $190.00 52 12" White Crosswalk/Limit Line
(Thermo) LF 931 0 931 $7.50 $6,982.50
53 12" Yellow Crosswalk/Limit Line
(Thermo) LF 405 440 845 $7.50 $6,337.50
54 Striping Detail #2 (Thermo) LF 2,591 886 3477 $0.90 $3,129.30 55 Striping Detail #22 (Thermo &
Markers) LF 0 40 40 $1.25 $50.00
56 Pavement Marking "AHEAD" EA 0 1 1 $350.00 $350.00
57 Pavement Marking "STOP" EA 21 2 23 $350.00 $8,050.00 58 Blue Curb Paint LF 24 0 24 $1.95 $46.80
59 Red Curb Paint LF 469 157 626 $1.95 $1,220.70
60 Yellow Curb Paint LF 60 0 60 $1.95 $117.00
61 House Stencil EA 10 0 10 $15.00 $150.00
62 Relocate Road Sign and Post EA 17 1 18 $350.00 $6,300.00 Total (Base Bid Plus Alternate A) $2,341,712.40
Article VI. - Assignment. The Contractor shall not assign any of his duties, responsibilities or obligations without prior written consent from the City.

Article VII. Indemnity. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest , from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provision of Packet Page 205
Construction Contract – Coastal Paving & Excavating Inc. Page 4 2023 Pavement Rehabilitation Project
this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Article VIII. Insurance. Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth in Section 3.08 “Responsibility for Damage and Insurance” of the Special Provisions. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required.

Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Article IX. - Legal Action. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

Article X. - Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:

CITY OF SEASIDE
Nisha Patel, City Engineer
440 Harcourt Avenue
Seaside, CA 93955
Coastal Paving & Excavating Inc.
24560 Silver Cloud Ct. Suite 101
Monterey, CA 93940
Contractor's Name and Mailing Address
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.

CITY OF SEASIDE COASTAL PAVING & EXCAVATING INC.
by: by:

Nicholas Borges, Acting City Manager Michael Melicia, President

Date Date

Licensed in accordance with an act providing for the
registration of Contractors. License No. 1021900
Packet Page 206
ADDENDUM No.1
For the Construction of
2023 PAVEMENT REHABILITATION PROJECT
May 14, 2024
Addendum No. 1 is being issued for revisions to Book 1 Notice, Plans and Special Provisions and Book 2 Contract Documents for the 2023 Pavement Rehabilitation Project.

The clarifications and revisions declared in this addendum are an essential element to the contract documents. The contract documents to be executed will contain a copy of this addendum. This Addendum shall supersede the original Contract Documents, and previous Addenda wherein it contradicts the same and shall take precedence over anything to the contrary therein.

CLARIFICATIONS
Attached is the sign in sheet from the pre bid meeting held on May 9, 2024.

RESPONSE TO BIDDER QUESTIONS:

Q1. Will the City provide the engineer’s estimate?
A1. The engineer’s estimate for the project, including the add alts, is $2.4M Q1. Will this project comply with the January 1, 2024, mandate and allow the use of up to 25 percent RAP in HMA?
A2. The City will allow up to 25% RAP in the mix.

Q3. When is the City expected to begin the project?
A3. City anticipates to award a construction contract on June 6, 2024 with a Notice to Proceed for August 5, 2024.

Q4. Clarify the sequence of work?
A4. Contractor does not need to wait for all concrete work for the project to be completed prior to paving. The City will consider concrete work and paving to be performed concurrently as long as the work is not on the same street segment.

Q5. What is the DBE goal for this project?
Q5. There is no DBE goal for this project. There are no federal funds funding this project.

Packet Page 207

Page 2 ends

Seaside City CouncilJune 6, 2024

Seaside City Council
June 6, 2024