Agenda packet — Seaside City Council, July 25, 2024 (part 2 of 2)

SCOPE OF SERVICES
TASK 1: PRE-CONSTRUCTION SERVICES
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 pre-construction conference after contract NTP and invite attendees:

Wallace Group CM Team, Contractor, City staff, 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 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 Packet Page 237
PP24-8153
City of Seaside – Fremont Median Renovations CM
May 16, 2024

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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 75 working days and have budgeted for part time inspection (3 hours/day). In addition, there will be a 60 calendar day plant establishment period following acceptance of the work, and we have budgeted for 4 site visits at 4 hours/visit. We have assumed an average of 9 hours/week for project management.

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
• 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
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May 16, 2024

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• 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:
 Landscaping Demolition and Removal
 Concrete Flatwork
 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 • Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
• Provide 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
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
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PP24-8153
City of Seaside – Fremont Median Renovations CM
May 16, 2024

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SCHEDULE
The project is currently in the final design stages and will likely be bid in Summer 2024. We expect the work to start in late June/early July 2024 and will continue for 75 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 $93,587 without receiving written authorization from the Client.

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

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

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.

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May 16, 2024

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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 Zach Teske at [email protected] or 831-226-9132.

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

Zach Teske, PE ____________________________________
Director of Construction Management 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
Exhibit A - 2024 Standard Rate Sheet
Resumes
Anthony Lehman
Jorge Avila
Zach Teske
Tony Scalise
Exhibit C – Standard Terms & Conditions
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Wallace Group Team Resource Estimate for the
PP24-8153 City of Seaside - Fremont Medians Renovation CM 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 16 48 8 $402 72 $13,120 $13,522
2 Construction 23 135 241 $1,508 399 $71,280 $72,788
3 Post-Construction 6 32 $201 38 $6,760 $6,961
SUB-TOTALS 45 215 249 $2,111 509 #REF! $93,271
WALLACE GROUP LABOR COSTS $9,790 $36,550 $44,820 $91,160 WALLACE GROUP DIRECT COSTS $2,111

SUBCONSULTANT DIRECT COSTS
DIRECT COSTS OVERHEAD @ 15% $317
TOTAL $93,587
Task Budgets may fluctuate within Overall Budget PHASE/TASK PP24-8153 - Budget - Seaside Fremont Medians CM Summary Page 1 5/16/2024 Packet Page 242
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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Fremont Medians Reno Project EXHIBIT C

EXHIBIT C

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

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

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

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

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

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

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

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 244
Fremont Medians Reno Project 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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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 246
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endorsement of any kind that has not been first submitted to Agency and approved of in writing.

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

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

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

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

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

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

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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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

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

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

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

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

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

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

4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.

5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.

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

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

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

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

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

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

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

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

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

4. Client References. – 10 points

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

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

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

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

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

General Provisions

1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 251
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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.

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

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

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

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

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

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

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

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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.

Packet Page 253
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

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

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Packet Page 255
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.C.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: July 25, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH WHITSON

ENGINEERS FOR DESIGN SERVICES DURING CONSTRUCTION

FOR THE FREMONT MEDIANS RENOVATION PROJECT FOR AN
AMOUNT NOT TO EXCEED $13,800.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Whitson Engineers to provide design services during construction for the Fremont Medians Renovation Project for an amount not to exceed $13,800.00.

BACKGROUND
The Fremont Medians Renovation (Project) will rehabilitate the existing planted medians on Fremont Boulevard between Kimball Avenue and Del Monte Boulevard. The Project was released for construction bids on May 9, 2024, and bids were opened on June 12, 2024. The lowest responsive and responsible bidder is Marina Landscape Inc. and the award of a construction contract with the contractor is being considered at this July 25th City Council Meeting. The Project is scheduled to take 75 working days to complete and construction is anticipated to start in late August.

On December 7, 2022, the City Manager signed a professional services agreement (PSA) with Whitson Engineers (Whitson), and BFS Landscape Architects as a subconsultant, to prepare construction plans and specifications for the Fremont Medians Renovation Project for a cost of $24,600.00. The Project will improve the aesthetics and reduce maintenance needs for the center median islands on Fremont Avenue for the Packet Page 258

Item No. 9.C. Page 2 of 2

1.6-mile segment from its intersection with Kimball Avenue north to Del Monte Boulevard. After the 50% design development plans were presented to City Council, staff received feedback from members of the public interested in seeing the City pursue more natural options that showcase native plants from the Seaside area. Based upon this, staff consulted with the project landscape architect to develop a second design concept that incorporates different textures of gravel, mulch, and plantings, underlain by a weed barrier, to achieve a more natural look while minimizing weed maintenance.

The design changes outlined above require additional services beyond those considered in the original consultant proposal. Whitson Engineers submitted a proposal for these additional services and Amendment #2 to their PSA was approved on October 3, 2023, for an amount not to exceed $8,000.00.

The project was released for construction bids on May 9, 2024. During the bidding period, Amendment #3 was approved in the amount of $3,260.00 to attend meetings and assist with potential questions from contractors during the bid period. Additional design services are needed during construction to attend meetings, respond to contractor's request for information, furnish clarifications and revisions, review and process submittals, samples, and shop drawings, and provide Project close out documentation. At the request of the City, Whitson provided a proposal for design services during construction, outlined above, for an amount not to exceed $13,800.00.

FISCAL IMPACT
The proposed amendment to the professional services agreement with Whitson Engineers is for an amount not to exceed $13,800.00 for a total PSA value of $49,660.00. An amount of $4,966.00, approximately 10% of the agreement value, should be authorized on an as required basis. The Fremont Medians Renovation Project is in the adopted FY 2024/25 Capital Improvement Program with an available budget of $641,428.00. There are sufficient funds in the Project account (342-8910-9579) to execute the amendment to the professional services agreement with Whitson Engineers.

ATTACHMENTS

1. Resolution

2. Whitson PSA Amendment
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 259
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT

WITH WHITSON ENGINEERS FOR DESIGN SERVICES DURING

CONSTRUCTION FOR THE FREMONT MEDIANS RENOVATION PROJECT FOR AN AMOUNT NOT TO EXCEED $13,800.00
WHEREAS, on December 7, 2022, the City Manager approved a professional services agreement with Whitson Engineers (Whitson) for the Fremont Medians Renovation Project (Project) to develop construction drawings for improvements to the center medians on Fremont Boulevard from Kimball Avenue to Del Monte Boulevard for an amount not to exceed $24,600.00; and
WHEREAS, on October 19, 2023, City Council amended Whitson design contract in the amount of $8,000.00 for additional services, which include review of median irrigation systems, preparing a native plant palette and preparing final design development plans for the revised concept; and
WHEREAS, additional scope of services to the Whitson design contract was approved in the amount of $3,260.00 to provide bid support; and WHEREAS, Project bid documents were released for construction bids on May 9, 2024 and bids were opened on June 12, 2024; and
WHEREAS, Marina Landscape Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, the Project requires design services during construction throughout the duration of the construction; and
WHEREAS, Whitson submitted a proposal to provide design services during construction which consist of attending pre construction and weekly construction meetings, responding to contractor's requests for information, furnishing clarifications and revisions, Meeting Date: 07/25/24
Packet Page 260
reviewing and processing submittals, samples, and shop drawings, attending 8 on-site meetings followed by written reports, and close-out administrative documentation in the amount of $13,800.00 for a total contract value of $49,660.00; and WHEREAS, staff has determined the proposed scope of work and budget are reasonable and within the available budget; and
WHEREAS, an amount of $4,966.00 in contingency, approximately 10% of the agreement 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 an amendment to the professional services agreement with Whitson Engineers to provide design services during construction for the Fremont Medians Renovations Project for an amount not to exceed $13,800.00 and written amendments and time extensions such that the total agreement value does not exceed $54,626.00.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the 25th day July, 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:
________________________________
Packet Page 261
Sheri L. Damon, City Attorney
Packet Page 262
CONTRACT AMENDMENT #4

PROFESSIONAL SERVICES
City of Seaside
Date: June 4, 2024 Change Requested by: 2C City Consultant Contract Date Project Name
December 7, 2022 Fremont Center Medians Landscape Design To (Consultant): Whitson Engineers, 6 Harris Court, Monterey, CA 93940 You are directed to inake the following changes to the Contract Documents or amend the following described work not included in the contract documents for this pro)ect.

MODIFY the following text in Section 2, "Services."
Consultant shall perform the tasks described and set forth in Exhibit A, Al, A,2, and Exhibit A3 attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of perforrnance which is also set forth in Exhibit A, Al, A2, and A3.

MODIFY the following text in Section 22, "Contents of Request for Proposal and Proposal." Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and mcorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, Al, A2, and A3 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$24,600.00 $11,260.00 $13,800.00 $49,660.00
Original Contract
Time
Original Completion
Date
Months to Add
(Including This
Amendment)
Revised Completion
Date
6 Months June 30, 2024 24 __June 30, 2025
SU!3MITTEDBY: a
(J- Nisha Patel, PW Director / City
Engineer (.,l (g/.=t4
Signahire Name and Title Date
CITY APPROVAL BY:

Nicholas Borges, Acting City Manager
Signature Name and Title Date
qUlT ANT ACCEPTANCE BY:
,Q k Richard Weber, Principal Engineer bAilW=l
Signature Name and Title / '/ Date '
Page l
Packet Page 263
/nm | 2071.30 add svc 3.docx
May 30, 2024 Project No.: 2071.30
Leslie Llantero, P.E.

City of Seaside
440 Harcourt Ave.

Seaside, CA 93955
Via email: [email protected]
Re: Fremont Blvd Median Landscaping, Kimball Ave to Del Monte Blvd.

Additional Services Proposal
Dear Ms Llantero:

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

We propose to do the work on a Time and Materials basis, with a total fee estimate of $13,800 ($9,800 subconsultant fee estimate for construction support + $2,600 subconsultant fee estimate for MPWMD submittal + 10% admin fee + $160 Whitson Engineers labor estimate). BFS’ scope will be performed on a Percent Complete basis.

Additional Services, if requested, will also be performed on a Time and Materials basis.

Contract Summary:

Original Contract $24,600
Contract Amendment #1 $0 (time extension)
Contract Amendment #2 $8,000
Contract Amendment #3 $3,260
This Additional Services Proposal $13,800
Total $49,660
If you have any questions or need additional information, please contact me at (831) 649-5225.

Sincerely,
Nathaniel Milam, PE, QSD
Senior Civil Engineer
RCE 76451
for
Richard Weber, PE, PLS, QSD
Principal
RCE 55219, LS 8002
Packet Page 264
Additional Scope of Services
Fremont Medians Renovation, Seaside CA
April 29, 2024

5.2 CONSTRUCTION REVIEW

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

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

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

C. Provide the Contractor a Conform Set of Drawings incorporating all addenda revisions.

D. Attend pre-construction meeting with Owner / CM and Contractor to discuss construction procedures.

E. Respond to Requests for Information (RFI); furnish Clarifications, Revisions, and Architects Supplementary Instructions (ASI) to the Owner / CM; any change orders will be prepared by Owner / CM.

F. Review and process submittals, samples, and Shop Drawings. Review proposed substitutions if any, for conformance to drawings and technical specifications.

G. Attend weekly project (OAC) meetings by phone/zoom.

H. Attend 8 on-site construction reviews, followed by written field reports. Assumes 3.5-months construction and 2-months landscape maintenance. Reviews to include:

1. Substantial Completion Review – at start of landscape maintenance

2. Final Review – at end of landscape maintenance
I. Close-out project including administrative documentation.

LUMP SUM FEE: $12,700

AGREED & AUTHORIZED TO PROCEED

Name Date

Company
Packet Page 265
Additional Scope of Services
Fremont Medians Renovation, Seaside CA
May 30, 2024

5.3 MPWMD Submittal
A. Fill out and submit MPWMD Landscape Documentation Package Submittal Form.

B. Provide MWELO irrigation use calculations for Documentation Package.

C. Coordinate Plans and Specs for Documentation Package.

LUMP SUM FEE: $2,600

AGREED & AUTHORIZED TO PROCEED

Name Date

Company
Attachments: Standard Schedule of Compensation, dated 1/2024 Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 2420 Del Paso Rd, Unit 105, Sacramento, CA 95834 (916) 575-7230.

Packet Page 266
1580 West El Camino Real, Suite 12, Mountain View 94040 ■ (650) 326-6622 P ■ (650) 963-9421 F
425 Pacific Street, Suite 201, Monterey, California 93940 ■ (831) 646-1383 P ■ (831) 373-8653 F BFS Landscape Architects ■ bfsla.com
landscape
architects
Standard Schedule of Compensation
January 2024

GENERAL
The following list of fees and reimbursable expense items shall be used in providing services within our agreement and may be annually adjusted, upon issuance of an updated Standard Schedule of Compensation:

Principal $225/hour
Associate Principal $210/hour
Associate $195/hour
Project Manager $175/hour
Assistant Project Manager $164/hour
Designer $144/hour
Assistant Designer $123/hour
Design/Graphics Intern $46/hour
Word Processor/Clerical $87/hour

ADDITIONAL SERVICES
Any additional presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only with prior authorization and on an hourly basis unless otherwise approved.

REIMBURSABLE EXPENSES
All costs for printing and plotting, special delivery, mileage, and other costs directly related to the project will be accounted as a reimbursable expense at our cost plus a fifteen percent administration charge.

Packet Page 267

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.D.

PROFESSIONAL SERVICES AGREEMENT WITH WHITSON
ENGINEERS FOR PARTIAL PHASE 2 DESIGN FOR THE CUTINO
PARK IMPROVEMENT PART 2 PLAN FOR AN AMOUNT NOT TO
EXCEED $9,850.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Whitson Engineers for partial phase 2 design for the Cutino Park Improvement Part 2 Plan for an amount not to exceed $9,850.00.

BACKGROUND
Part 1
In 2017, the City Council approved a preliminary design of the Cutino Park Master Plan.

The Plan included new synthetic turf for a multi-use field, new fencing, new bleachers and dug outs, new skate park, new parking lot, new playground areas and picnic areas, accessible pathways, viewing areas, and accessible upgrades to the restroom and snack shack. Due to the nature of the funding, the extensive scope of the project, and the associated costs of the improvements, the City Council approved to move forward with the field renovations and skate park at an estimated cost of $5 million. The skate park and synthetic multi-use field was funded through a bond measure and construction began in October 2018 and was completed in August 2019. The remaining improvements identified in the Master Plan included a retaining/sound wall, parking lot, new playground and equipment, fitness equipment, new basketball half court, picnic area, and walking path outside the field. Based upon the 30% design of the Master Plan, the remaining improvements were estimated to cost $7.2 million. It was decided Packet Page 268

Item No. 9.D. Page 2 of 3
to reduce the scope of the next part based upon the remaining bond funds.

Part 2
Whitson Engineers along with their sub-consultant, BFS Landscape Architects, developed concept plans for Cutino Park Part 2. Part 2 consisted of a parking lot, new playground, pickleball courts, new picnic and gathering spaces adjacent to the new play area and the Boys and Girls' Club, site furnishings and amenities such as benches, tables, and water fountains; and planting and irrigation improvements for a total project cost of $1.2 million. Knowing the bond funds would not be enough, staff applied and received $500,000.00 in Community Development Block Grant (CDBG) funds.

Early in the design phase, the designer and their sub-consultant, BFS Landscape Architects, developed concept plans for the total build out of the park, including the council requested fitness trail, fitness equipment, and visitor bleachers. During the design team's development of these concepts and cost estimates, the cost of all the features, the ones originally planned and the Council requested features, exceeded the City project budget of $1.2 million and would need to be constructed in phases. Phase 1 consists of the parking lot, new accessible playground, an accessible pathway, storm water treatment, pathway lighting, benches and new landscaping. Phase 2 consists of pickleball courts and picnic areas, site furnishings and amenities. Phase 3 consists of a fitness trail, fitness equipment, and visitor bleachers. On September 1, 2022, the City Council removed the pickleball courts due to location and noise and approved to proceed with designing the Part 2 Plan and developing bid documents for the construction of Phase 1 with the accessible bleachers as an alternate bid item. With the removal of the pickleball courts, the Project was reduced to two phases. Staff continued to search for grant opportunities for the next phase, which now included the fitness trail, fitness equipment and the three picnic areas. The Project phases were being designed concurrently.

Phase 1 Construction
Construction change orders and unforeseen additional work extended the contractor's construction schedule, which in turn added additional design services. The design of the three picnic areas was completed and constructed during Phase 1 with an approved construction contract change order utilizing Neighborhood Improvement Commission allocated funds. The design consultant was able to absorb the additional design services during construction by halting design of Phase 2 fitness trail and fitness equipment, originally not in their scope of work. Whitson's professional services agreement is paid for on a time and materials basis and the request for $9,850.00 is for design services for Phase 2 which is over the approved budgeted design amount.

FISCAL IMPACT
The total design agreement budget with Whitson is $121,000.00, including a 10% contingency. Amendment No. 1 to Whitson's professional services agreement was Packet Page 269

Item No. 9.D. Page 3 of 3
approved for additional conceptual design services for the amount of $8,250.00.

Whitson requested additional compensation for Phase 2 design in the amount of $9,850.00. This amount exceeds the remaining contingency amount of $2,750.00. The FY 2024/25 Adopted Budget for Cutino Park Improvements is $30,000.00. A portion, $7,100.00, is needed from the budget for the amendment (Amendment No. 4) to the Whitson professional services agreement. This would be the second amendment to Whitson's agreement for additional funds, the other two amendments (No. 2 & No. 3) were for time extensions only. The project from preliminary design through construction completion was a total of two years. Although the construction is complete, project closeout documentation is being conducted by staff and the construction management consultant, for which additional funds will be considered at a future meeting.

ATTACHMENTS

1. Resolution

2. Whitson PSA Amendment
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
Packet Page 270
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH WHITSON ENGINEERS FOR ADDITIONAL COMPENSATION FOR
PARTIAL PHASE 2 DESIGN FOR THE CUTINO PARK IMPROVEMENTS PART 2 PLAN FOR AN AMOUNT NOT TO EXCEED $9,850.00.

WHEREAS, Cutino Park Improvements Part 2 is an approved Capital Improvement Program Project identified in the approved FY 2024/2025 Budget; and WHEREAS, the Council elected to seek additional improvements at Cutino Park for a parking lot, storm water retention and treatment, new playground, bleachers, accessible pathway, lighting, landscape features, picnic areas, fitness path, fitness equipment and pickleball courts; and
WHEREAS, during the development of the design concepts and cost estimate, the cost of all the features, originally planned, and council requested, exceeded the project budget of $1.2 million; and
WHEREAS, on September 1, 2022, the City Council approved to proceed with designing the Part 2 Plan and constructing the improvements in two phases; and WHEREAS, City elected to proceed with the construction of Phase 1 which consisted of a new parking lot, new accessible playground, an accessible pathway, storm water treatment, pathway lighting, accessible bleachers, benches and new landscaping; and WHEREAS, during construction, the city was able to design and construct the three picnic areas including table and benches, originally in another phase, through a change order approved by City Council and paid for utilizing Neighborhood Improvement Commission allocated funds; and
WHEREAS, during construction of Phase 1, construction change orders and unforeseen additional work extended the contractor’s construction schedule and required Meeting Date: 07/25/24
Packet Page 271
re-design; and
WHEREAS, these change orders and additional work required re-design over the original design contract agreement; and
WHEREAS, the approved agreement amount for the design of the Project was $121,000.00 including a 10% contingency; and
WHEREAS, Whitson requested additional compensation for partial Phase 2 design that was not able to be absorbed through the original design agreement and an additional amount of $9,850.00 is being requested; and
WHEREAS, the additional compensation for partial Phase 2 design exceeds the remaining contingency amount of $2,750.00 in the Project account #348-8910-9570.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute an amendment to the professional services agreement with Whitson Engineers for additional compensation for partial Phase 2 design for Cutino Park Improvements Part 2 Plan for an amount not to exceed $9,850.00.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the 25th day July, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
________________________________
Ian N. Oglesby, Mayor
ATTEST:

Packet Page 272
________________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
________________________________
Sheri L. Damon, City Attorney
Packet Page 273
CONTRACT AMENDMENT #4

PROFESSIONAL SERVICES
City of Seaside
Date: July 18, 2024 Change Requested by: City 2 Consultant Contract Date
June 2, 2022
Project Name
Cutino Park Improvements
To (Consultant): Whitson Engineers, 6 Harris Court, Monterey, CA 93940 You are directed to make the following changes to the Contract Documents or amend the following described work not included in the contract documents for this project.

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

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

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
AmeTnhdjms ent I
Total
Revised Contract
Amount
$110,000 $8,250.00 $9,850.00 $128,100.00
, . . - %.- - - i - :.,, ..ij 04- _#!, -.....1., ;.j:)i, ,:.. . _- ; 'aa " " '- { - 0... - . a= 'a ' - "
(,{,., !9!&} 'I'w.l:A) a'd_-(')_' , a#ai ; I(5--.i y1, '( +€l ..l:" Original Contract
Time
Original Completion Date
Months to Add
(Including This
Amendment)
Revised Completion
Date
12 Months June 30, 2023 24 June 30, 2025
SQTTED ;
(Wa Nisha Patel, PW Director/ City Engineer '1 ( / zg
Signature Name and Title Date
CITY APPROVAL BY:

Nicholas Borges, Acting City Manager
Signature Name and Title Date

CONSULTANT
ACCEPTANCE BY:
qm.M>
Richard Weber, Principal
7/1/2024
- Signature Name and Title Date

Page 1 ends

Packet Page 274
t:\monterey projects\4535 - cos cutino park\docs\_contract\add 2 - revised\4535.00 add 2.docx May 8, 2024 Project No.: 4535.00
Leslie Llantero, P.E.

City of Seaside
440 Harcourt Ave.

Seaside, CA 93955
Via email: [email protected]
Re: Cutino Park Improvements | Additional Services Proposal Dear Ms. Llantero:

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

We propose to do the work on a Time and Materials basis, with a total fee estimate of $9,800 ($8,850 subconsultant fee estimate + 10% admin fee + $65 Whitson Engineers labor estimate). BFS’ scope will be performed on a Percent Complete basis. Additional Services, if requested, will also be performed on a Time and Materials basis.

Contract Summary:

Original Contract $110,000
Contract Amendment #1 $8,250
Contract Amendment #2 $0 (time extension)
This Additional Services Proposal $9,850
Total $128,100
If you have any questions or need additional information, please contact me at (831) 649-5225.

Sincerely,
Whitson Engineers
Nathaniel Milam, PE, QSD | Senior Civil Engineer
for
Richard Weber PE, LS, QSD | Principal
RCE 55219, LS 8002, QSD 20534
Exhibit A1 Packet Page 275
Additional Scope of Services
Cutino Park – City of Seaside, Owner
Whitson Engineers, Client
March 14, 2024

5.3 Preparation of Phase 2 Construction Documents
BFS is respectfully requesting consideration by the project Owner to compensate BFS Landscape Architects for time spent on the following work outside of our original scope dated 5/4/2022 (including April 2022 Monterey Bay Engineers Plan) and the Bid Docs:

1. Provided drawings and details for additional work known as Phase 2 (from April 2023 to June 2023) around the existing turf field; including site plan (hardscape and fitness areas), planting plan, irrigation plan, and related details.

2. Provided 50% Construction Documents of Phase 2 area.

3. Performed additional project site visits.

4. Performed additional product research.

LUMP SUM BUDGET: $8,850

AGREED & AUTHORIZED TO PROCEED

Name Date

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

Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 2420 Del Paso Rd, Unit 105, Sacramento, CA 95834 (916) 575-7230.

Packet Page 276

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.E.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: July 25, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS FOR LINCOLN CUNNINGHAM PARK PHASE 1 -

ARTERIAL TRAIL PROJECT AND AWARDING A CONSTRUCTION

AGREEMENT TO MONTEREY PENINSULA ENGINEERING FOR AN
AMOUNT NOT TO EXCEED $994,837.35 AND A TOTAL PROJECT

CONSTRUCTION COST INCLUDING CONTINGENCY OF
$1,144,062.95

RECOMMENDATION
Adopt a resolution approving the plans and specifications for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project, awarding a construction agreement to Monterey Peninsula Engineer for an amount not to exceed $994,837.35 establishing a 15% contingency for a total construction agreement amount not to exceed $1,144,062.95, and authorizing the City Manager to execute the construction agreement and approve any amendments, extensions, and change order until completion of the project in accordance with the plans and specification up to the total project construction amount.

BACKGROUND
Lincoln Cunningham Park Phase 1 - Arterial Trail Project is located in Lincoln Cunningham Park between Yosemite Street and Lincoln Street adjacent to San Pablo Avenue. The Project includes construction of a concrete multi-use path through Lincoln Cunningham Park from San Pablo Avenue to Lincoln Street; pedestrian paths from the new multi-use path to Yerba Buena Court, Lindberg Court, and Serape Court; storm drainage improvements; curb ramp retrofits; sewer main repair; one on-street accessible parking stall on Lincoln Street between Lincoln Cunningham Park and Havana Soliz Park; and seeding for erosion control.

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Item No. 9.E. Page 2 of 3
Design was completed, and the project was released for bids on June 13, 2024. The plans and specifications, as edited by bid addendums, are attached. Bids were received from three contractors on July 10, 2024, as follows:

Contractor Base Bid Bid (Base Bid plus
Additive Alternate 1)
Anderson Pacific Engineering Construction,
Inc.
$1,355,710.00 $1,646,190.00
Don Chapin Co., Inc. $1,065,955.00 $1,310,295.00
Monterey Peninsula Engineering $846,377.35 $994,837.35
The lowest bid determination, as specified in the project specifications, shall be based upon the Total Bid (Base Bid plus Additive Alternate 1). Based upon an evaluation of bid documents received, Monterey Peninsula Engineering was found to be the lowest responsive and responsible bidder, with a total bid of $994,837.35. Monterey Peninsula Engineering has satisfactorily completed similar construction projects in the Monterey Bay and Santa Cruz areas as the Lincoln Cunningham Park Phase 1 - Arterial Trail Project. Staff recommends a construction agreement for this project be awarded to Monterey Peninsula Engineering.

The proposed construction agreement with Monterey Peninsula Engineering is for a not to exceed amount of $994,837.35. In addition, a construction agreement contingency of 15%, or $149,225.60 is required for expenses from unforeseeable issues that arise during construction. The engineer's estimate without construction contingency for construction of the project was $952,960.00.

Other expenses that have already been approved for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project are a Professional Services Agreement (PSA) for an amount up to $98,780.00 with Whitson Engineers for design, bid support, and design services during construction. The total budget remaining for the Project starting in fiscal year 2024/25 is $1,674,700.00. Engineering will need $10,000.00 set aside for public notifications and other project related costs, and $233,069.35 for construction management and inspection services. With the mentioned costs and the construction cost, the total costs for the project this fiscal year amount to $1,387,132.30.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Section 15301 Existing Facilities). The project includes the repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

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Item No. 9.E. Page 3 of 3

FISCAL IMPACT
The fiscal year 2024/25 budget for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project is $1,674,700.00. There are sufficient funds available in the Project account (342-8910-9581) to fund the construction agreement including construction contingency with Monterey Peninsula Engineering in the amount of $1,144,062.95. Staff will return to City Council to obtain approval of a reimbursement agreement with Seaside County Sanitation District to reimburse the City for costs associated with the repair of the sewer main.

ATTACHMENTS

1. Resolution

2. MPE Construction Agreement

3. Conformed Plan

4. Conformed Specification
Reviewed for Submission to the City Council by:

________________________________________
Nicholas Borges, Acting City Manager
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Meeting Date: 7/25/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS AND SPECIFICATIONS FOR LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT, AND AWARDING A

CONSTRUCTION AGREEMENT TO MONTEREY PENINSULA ENGINEERING FOR AN AMOUNT NOT TO EXCEED $994,837.35 AND TOTAL PROJECT
CONSTRUCTION COST INCLUDING A 15% CONTINGENCY OF $1,144,062.95 WHEREAS, the Lincoln Cunningham Park Phase 1 - Arterial Trail Project (Project) is an approved City Capital Improvement Project identified in the fiscal year 2024-2025 annual budget; and
WHEREAS, Whitson Engineers completed design on June 13, 2024; and WHEREAS, the proposed construction of improvements includes a concrete multiuse path through Lincoln Cunningham Park from San Pablo Avenue to Lincoln Street; pedestrian paths from the new multi-use path to Yerba Buena Court, Lindberg Court, and Serape Court; storm drainage improvements; curb ramp retrofits; sewer main rehabilitation; one on-street accessible parking stall on Lincoln Street between Lincoln Cunningham Park and Havana Soliz Park; and seeding for erosion control.

WHEREAS, on June 13, 2024, the project was released for construction bids, and on July 10, 2024, three bids were received from Anderson Pacific Engineering Construction, Inc., Don Chapin Co., Inc., and Monterey Peninsula Engineering; and WHEREAS, Monterey Peninsula Engineering was determined to be the lowest responsive and responsible bid in the amount of $994,837.35; and WHEREAS, an additional amount of $149,225.60 contingency, approximately 15% of the agreement value, should be authorized on an as required basis; and WHEREAS, Monterey Peninsula Engineering has satisfactorily completed similar construction projects as the Lincoln Cunningham Park Phase 1 - Arterial Trail Project in the Monterey Bay and Santa Cruz areas; and
WHEREAS, the other expenses of the project this fiscal year include construction management, inspection, materials testing, and public notifications which amount to $243,069.35; and
Packet Page 280
WHEREAS, the current total fiscal year 2024/25 budget for Lincoln Cunningham Park Phase 1 – Arterial Trail Project (account no. 342-8910-9581) is $1,674,700.00, not including encumbrances; and
WHEREAS, the project is categorically exempt per Article 19, section 15301 of CEQA since the project involves repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the conformed plans and specifications for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project dated June 2024; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction agreement with Monterey Peninsula Engineering for an amount not to exceed of $994,837.35; and
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 15% contingency for written amendments, extensions, and change orders to the construction agreement such that the full construction value may not exceed $1,144,062.95.

PASSED AND ADOPTED at a special City Council meeting of the City of Seaside duly held on the 25th day of July, 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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Agreement 00 5200 - 1 City of Seaside
DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 25th day of July 2024, by and between Monterey Peninsula Engineering whose place of business is located at 192 Healy Avenue, Marina CA 93933 (“Contractor”), and the City of Seaside (“Owner”), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. 24- adopted on the 25th day of July, 2024 awarded to Contractor the following Contract:

CONTRACT NUMBER 342-24-035
Lincoln Cunningham Park Phase 1 – Arterial Trail Project located at
Lincoln Cunningham Park, San Pablo Avenue, Seaside, CA 93955 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 - SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum Nine Hundred Ninety Four Thousand Eight Hundred Thirty Seven Dollars and Thirty Five Cents ($994,837.35) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

ARTICLE 2 - COMMENCEMENT AND COMPLETION OF WORK

2.01 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed.

B. Owner reserves the right to modify or alter the Commencement Date.

2.02 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 120 Working Days from the Commencement Date and 20 Working Days following substantial completion to achieve Final Completion.

B. Landscape Maintenance Period work shall be completed prior to the substantial completion plus 120 days, or final approval, whichever is later.

ARTICLE 3 - PROJECT REPRESENTATIVES

3.01 Owner’s Project Manager
A. Owner has designated Nisha Patel as its Project Manager to act as Owner’s Representative in all matters relating to the Project.

B. City Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

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Agreement 00 5200 - 2 City of Seaside

3.02 Architect/Engineer
A. Whitson Engineers furnished the Plans and Specifications and shall have the rights assigned to Architect/Engineer in the Contract Documents.

ARTICLE 4 - LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

4.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner One Thousand Dollars ($1,000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Five Hundred Dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

C. The Contractor shall pay to the Owner a sum of Two Hundred Dollars ($200.00) per day, for each and every calendar day’s delay for Contractor to complete landscape maintenance work in excess of the number of landscape maintenance days prescribed in Section 32 01 90 Landscape Maintenance 1.03 A. Maintenance Period

4.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 5 - CONTRACT DOCUMENTS

5.01 Contract Documents consist of the Project Plans dated June 10, 2024 and Project Manual dated June 13, 2024 (Specifications), Standard Plans, and Standard Specifications, including all changes, Addenda, and Modifications thereto.

5.02 There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 - MISCELLANEOUS

6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.04 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at Packet Page 283
Agreement 00 5200 - 3 City of Seaside
Owner’s Office, and shall be made available to any interested party on request. Pursuant to California Labor Code §§ 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his/her employees. Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.05 During the term of this Agreement, Contractor warrants that it is currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5. Contractor further warrants that any subcontractors who are subject to Public Contract code section 4104, are registered and qualified to perform public work consistent with Labor Code section 1725.5.

6.06 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

6.07 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Monterey, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Monterey.

Packet Page 284
Agreement 00 5200 - 4 City of Seaside
IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CONTRACTOR: Monterey Peninsula Engineering OWNER: The City of Seaside By: ______________________________ By:
(Signature) Nicholas Borges
Acting City Manager
______________________________
(Print Name)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
Attest:

Dominique L. Davis
City Clerk Signature
By: ______________________________
(Signature)
______________________________
(Name)
Its: _______________________________
Title (If Corporation: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

END OF DOCUMENT
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SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C0.2 2071.32 2071.32 X NONE CIVIL NOTES AND LEGENDS GENERAL EARTHWORK AND AREA OF DISTURBANCE SURVEY AND EXISTING CONDITIONS LEGEND ABBREVIATIONS EXISTING PROPOSED Packet Page 293
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SHEET STATUS:

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PROJECT TITLE:

PROJECT NO.SHEET NO.

SCALE: DWG FILE NO.
440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

CITY OF SEASIDE
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California

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PHASE 1 - ARTERIAL TRAIL PROJECT
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Temporary exclusionary fencing(snow fence or chain link fence)180 LF +/- Packet Page 294

SAN PABLO AVE

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LINDBERG CT LINCOLN CUNNINGHAM PARK HAVANA SOLIZ PARK MANZANITA STUART PARK SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C1.1 2071.32 2071.32 X1" = 30' SURVEY CONTROL PLAN I N E E S O N W E N I T H S G R Packet Page 295

YERBA BUENA CT LINDBERG CT

LINCOLN ST

SERAPE CT
SAN PABLO AVE SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C1.2 2071.32 2071.32 X1" = 30' DEMOLITION PLAN DEMOLITION PLAN NOTES ····· I N E E S O N W E N I T H S G R DEMOLITION KEYNOTES: DEMOLITION PLAN LEGEND Packet Page 296
C2.2
C2.5
C2.7 C2.3 C2.4 YERBA BUENA CT

LINCOLN ST

SERAPE CT
SAN PABLO AVE SAN PABLO AVE ARTERIAL PATH COLLECTOR PATH TO LINDBERG CT. AGGREGATE BASE PATH 1243 COLLECTOR PATH 5 REMOVE PATH SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.0 2071.32 2071.32 X1" = 30' OVERALL CONSTRUCTION PLAN C2.1 C2.6 LINDBERG CT C2.8 ADD. ALT. #1 I N E E S O N W E N I T H S G R ADD. ALT. #1 ADD. ALT. #1 Packet Page 297
SAN PABLO AVE CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.1 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILE E I N E S O N W E N I T H S G R MATCHLINE - STA 3+30 SEE SHEET C2.2 Packet Page 298
CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.2 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILE E I N E S O NN E W I T H S G R MATCHLINE - STA 3+30 SEE SHEET C2.1 SEE SHEET C2.5 MATCHLINE - STA 5+60 SEE SHEET C2.3 Packet Page 299
CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.3 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILE E I N E S O N W E N I T H S G R MATCHLINE - STA 7+90 SEE SHEET C2.4 SEE SHEET C2.6 MATCHLINE - STA 5+60 SEE SHEET C2.2 Packet Page 300
LINCOLN ST CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.4 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILE I N E E S O N W E N I T H S G R MATCHLINE - STA 7+90 SEE SHEET C2.3 Packet Page 301
YERBA BUENA CT CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com 7/8/2024 BID ADDENDUM 4 LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.5 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILE E I N E S O N W E N I T H S G R SEE SHEET C2.2 SEE SHEET C2.2 ADDITIVE ALTERNATE #1 Packet Page 302
LINDBERG CT. CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.6 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILEE I N E S O N W E I N T H S G R SEE SHEET C2.3 SEE SHEET C2.3 Packet Page 303
SERAPE CT. CONSTRUCTION KEYNOTES: LEGEND SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.7 2071.32 2071.32 X1" = 10' CONSTRUCTION PLAN & PROFILEE I N E S O N W E N I T H S G R SEE SHEET C2.3 SEE SHEET C2.3 ADDITIVE ALTERNATE #1 Packet Page 304
LINCOLN ST CONSTRUCTION KEYNOTES: LEGEND
LINCOLN ST SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C2.8 2071.32 2071.32 X1" = 10' ON-STREET ACCESSIBLE PARKING I N E E S O N W E N I T H S G R DEMOLITION PLAN CONSTRUCTION PLAN SEE SHEET C1.2 SEE SHEET C2.4 CROSS-SECTION 'A' --A SIGNING AND STRIPING PLAN Packet Page 305
SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C3.1 2071.32 2071.32 X1" = 10' CURB RAMP DETAILED GRADING SAN PABLO AVE LINCOLN ST LINDBERG CT SERAPE CT (ADDITIVE ALTERNATE #1) YERBA BUENA CT (ADDITIVE ALTERNATE #1) I N E E S O N W E N I T H S G R Packet Page 306
KEYNOTES SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C4.1 2071.32 2071.32 X NONE CIVIL DETAILS -1 CONCRETE VEHICULAR PAVEMENT -2 STABILIZED D.G. PAVING -3 REPLACE BROKEN SEWER PIPE - CONCRETE PIPE COLLAR 5 -6 BREAK-IN CONNECT TO EXISTING STRUCTURE VALVE AND CLEANOUT COVER ADJUSTMENT --7 MANHOLE COVER ADJUSTMENT --4 MANHOLE COVER AND CONE ADJUSTMENT --9 DRAIN INLET TOP ADJUSTMENT --8 Packet Page 307
SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C4.2 2071.32 2071.32 X NONE CIVIL DETAILS -3 12" RETAINING CURB EXTERIOR STAIRS AND RAILINGS --4-5 PRECAST CONCRETE DRAIN INLET Packet Page 308
SHEET TITLE: OTHER FINAL SEMI-FINAL PRELIMINARY SHEET STATUS: DATE REVISIONS PROJECT TITLE: PROJECT NO. SHEET NO. SCALE: DWG FILE NO. 440 HARCOURT AVE. SEASIDE,CA. 93955 (831)-899-6825 PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION CITY OF SEASIDE Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT C4.3 2071.32 2071.32 X NONE STANDARD DETAILS Packet Page 309
July 25, 2024
City Council Special Meeting
Item 9E
Attachment – Conformed
Specifications
Packet Page 310

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.F.

TO: City Council
FROM: Nicholas Borges, Acting City Manager
BY: Nisha Patel, Public Works Director/City Engineer
DATE: July 25, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL

SERVICE AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL

TRAIL PROJECT FOR AN AMOUNT NOT TO EXCEED
$202,669.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project for an amount not to exceed $202,669.00.

BACKGROUND
Lincoln Cunningham Park Phase 1 - Arterial Trail Project is located in Lincoln Cunningham Park between Yosemite Street and Lincoln Street adjacent to San Pablo Avenue. The Project includes construction of a concrete multi-use path through Lincoln Cunningham Park from San Pablo Avenue to Lincoln Street; pedestrian paths from the new multi-use path to Yerba Buena Court, Lindberg Court, and Serape Court; storm drainage improvements; curb ramp retrofits; one on-street accessible parking stall on Lincoln Street between Lincoln Cunningham Park and Havana Soliz Park; and seeding for erosion control.

The project was designed by Whitson Engineers. The project was released for construction bids on June 13, 2024, and bids were opened on July 10, 2024. The construction contract is on this July 25th Council Agenda for approval.

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Item No. 9.F. Page 2 of 3
The project is scheduled to take 140 working days to reach final completion of construction of the project, and requires daily oversight of the contractor. The City does not have the personnel resources to support the project at this time. The Wallace Group (Wallace) is on the City’s list of On-Call Engineering Consultants. Wallace provided construction management and inspection services for the Ellis Park Improvements Project, Fernando Park Improvements Project, Ord Terrace School Crossing Improvements Project, and Lincoln Cunningham Park Basketball Court Improvements, which all recently completed construction. At the request of the City, Wallace submitted a proposal to provide construction management and inspection services for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project. 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, safety monitoring, materials testing coordination, and project closeout.

Staff has reviewed the proposal from the Wallace Group and finds the scope and fee are acceptable. Staff recommends adopting a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group for an amount not to exceed $202,669.00 for construction management and inspection services for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities, Section 15301 c. and d.). The project includes the repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

FISCAL IMPACT
The proposed professional services agreement with Wallace Group is for an amount not to exceed $202,669.00. A 15% contingency, or $30,400.35, is appropriate for a project of this scope. The Lincoln Cunningham Park Phase 1 - Arterial Trail Project has an approved FY 2024/25 budget of $1,725,411.00. There are sufficient funds in the Project account (342-8910-9581) to cover the cost of the professional service agreement with Wallace Group.

ATTACHMENTS

1. Resolution

2. Wallace Professional Services Agreement
Packet Page 312

Item No. 9.F. Page 3 of 3
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 A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP TO PERFORM CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE LINCOLN CUNNINGHAM PARK PHASE 1 - ARTERIAL TRAIL PROJECT FOR AN AMOUNT NOT TO EXCEED $202,669.00
WHEREAS, the Lincoln Cunningham Park Phase 1 - Arterial Trail Project (Project) is adopted in the fiscal year 2024/2025 Capital Improvement Program (CIP) annual budget; and
WHEREAS, the project requires construction management and inspection of the Lincoln Cunningham Park Phase 1 - Arterial Trail Project, and the city does not have the staffing resources to support this project; and
WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the CIP; and
WHEREAS, Wallace submitted a proposal to perform construction management and inspection services for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project from pre-construction through construction closeout in the amount of $202,669.00.

WHEREAS, the services included in the Wallace proposal included preconstruction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, safety monitoring, materials testing coordination, and project closeout; and WHEREAS, Staff has determined the proposed scope of work and budget are reasonable; and
WHEREAS, an amount of $30,400.35 contingency, 15% of the agreement value, should be authorized on an as required basis, for a total agreement value of $233,069.35; and
WHEREAS, the current total fiscal year 2024/25 budget for Lincoln Cunningham Park Phase 1 - Arterial Trail Project (account no. 342-8910-9581) is $1,674,700.00 not including encumbrances; and
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NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Lincoln Cunningham Park Phase 1 - Arterial Trail Project for an amount not to exceed $202,669.00 and written amendments such that the total agreement does not exceed $233,069.35.

PASSED AND ADOPTED at a special City Council meeting of the City of Seaside duly held on the 25h day of July 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

APPROVED:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
________________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
________________________________
Sheri L. Damon, City Attorney
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Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project
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CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

FOR CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICE FOR THE LINCOLN CUNNINGHAM PARK – PHASE 1

ARTERIAL TRAIL PROJECT
THIS AGREEMENT, is made and effective July 25, 2024 between the City of Seaside, a municipal corporation ("Agency") and 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 the effective date above and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which Packet Page 316
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enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed TWO HUNDRED TWO THOUSAND SIX HUNDRED SIXTY NINE
dollars ($202,669.00) 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 Packet Page 317
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termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the 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 Packet Page 318
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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, 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 Packet Page 319
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bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

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

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

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
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, CA 939401
Attention: 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, Zack Teske shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Zack Teske may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Zack Teske from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

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

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

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, 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
Consultant shall complete the outlined scope of work in a timely manner within the time frame per “Section 1. Term” of this contract.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit 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.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT: __Wallace Group_______________
By: ______________________________ Date:____July 12, 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/Consultant’s Proposal Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Engineering Services
Exhibit E Resolution 22-62 On-Call Engineering Services Packet Page 324
Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT A

EXHIBIT A
SCOPE OF WORK/CONSULTANT’S PROPOSAL
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July 5, 2024
Nisha Patel, PE
440 Harcourt Ave
Seaside, CA 93955
Subject: Construction Management & Inspection Services for the City of Seaside – Lincoln Cunningham Park – Phase 1 Arterial Trail Project
Dear Ms. Patel,
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
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.

ANTHONY LEHMAN, QSP/QSD – Construction Manager
Anthony Lehman will function as 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, including the previous basketball court improvements at Lincoln Cunningham Park.

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

Zach may serve as an alternate project manager/inspector. 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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PP24-8027
City of Seaside – Lincoln Cunnigham Park – Phase 1 Arterial Trail Project July 5, 2024

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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.

PROJECT UNDERSTANDING

TECHNICAL
The City of Seaside (City) is performing site improvements to the Lincoln Cunningham Park to complement the recently completed basketball court. The project will generally consist of demolishing the existing asphalt pathways, storm drain inlets, light poles and foundations, and other miscellaneous items to allow for the construction of new concrete and base rock (tan/gold)pathways. General grading and fill will be placed to raise the elevation of the pathways to make them more accessible. New 8-inch storm drain and drain inlets will be installed, including the repair of an existing damaged sewer pipe.

Due to the modified grades, a new concrete retaining wall and concrete stairs with handrail will be installed. Where the new park pathways will connect to the existing sidewalk/roadways, new curb ramps will be installed to improve access. Minor asphalt pavement restoration will be required at the new curb ramp conform locations. The project includes one bid alternate for the extension of the pathway to Yerba Buena Court and Serape Ct, including the curb ramps at these locations and the curb ramp across Lincoln St. Following completion of the work, new landscape planting and soil stabilization will be performed.

The City has retained Whitson Engineers as the Engineer of Record who performed the design and will perform Engineering Services during Construction, including assisting with submittal reviews, RFIs, and change order evaluation. Construction Documents provided are as follows:
• Plans titled “Lincoln Cunningham Park Phase I – Arterial Trail Project” by Whitson Engineers (accepted by the City on 6/10/24,18 pages) • Specifications titled “Lincoln Cunningham Park Phase I – Arterial Trail Project” (dated June 2024, 261 pages)
• Engineers Estimate “100% Engineers Estimate” dated 5/24/24

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• Conduct virtual Weekly Progress meetings with contractor, City staff, and other involved entities
• Record and distribute meeting minutes
• Coordinate with City Staff throughout the project
Preconstruction Conference
• Schedule in-person pre-construction conference after contract NTP and invite attendees:

Wallace Group CM Team, Contractor, City staff, 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/Parking Closures
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 Pre-Construction Photos
• Collect pre-construction photos of project locations, with special attention paid to the existing FOSPA planting areas and the newly reconstructed basketball court • 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
Packet Page 328
PP24-8027
City of Seaside – Lincoln Cunnigham Park – Phase 1 Arterial Trail Project July 5, 2024

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TASK 2: CONSTRUCTION PHASE
Based on the bidding documents, this project will be completed within 120 working days from Notice to Proceed, with an additional 20 working days to achieve final completion. We have budgeted for part time inspection (4 hours/day) and have assumed an average of 8 hours/week for project management for the full 140 working days during construction.

Our time and level of effort will be highly dependent 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:

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
Packet Page 329
PP24-8027
City of Seaside – Lincoln Cunnigham Park – Phase 1 Arterial Trail Project July 5, 2024

Page 5 of 7 ends

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:
 Demolition
 Utility Installation (Storm Drain & Sewer)
 Grading Operations
 Pathway Installations (concrete & base rock)
 Retaining Wall and Stairs
 Concrete Flatwork & Roadway Restoration
 Traffic control plans and implementation
 Construction staging
 Stormwater compliance
 Plant Establishment
• 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 • Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
• Coordinate material testing as needed
• 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
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
Packet Page 330
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City of Seaside – Lincoln Cunnigham Park – Phase 1 Arterial Trail Project July 5, 2024

Page 6 of 7 ends

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.)
TASK 4: QUALITY ASSURANCE MATERIALS TESTING (Earth Systems Pacific) We have partnered with Earth Systems pacific to provide quality assurance material laboratory testing of soil, base rock, and concrete and will provide field compaction testing of the placed fill and base rock sections. Concrete cylinders will be collected for select vehicular concrete pours and the retaining wall pour. Earth Systems has provided a proposal dated June 28, 2024 which includes their table of estimated site visits and tests required based on their review of the scope.

SCHEDULE
The project is currently out to bid with a due date of July 10, 2024. We expect the work to start in late Summer/early Fall 2024. The City has allowed for 120 working days to substantial completion, including 20 additional working days to achieve final completion, and we have budgeted accordingly.

BUDGET
Wallace Group will perform the services denoted in the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit B). These services will be invoiced monthly on an accrued cost basis, and our total budget, including reimbursables will not exceed our estimated budget of $202,669 without receiving written authorization from the Client. A detailed breakdown of our estimate budget is attached to this proposal.

Our time and level of effort will be highly dependent upon the Contractors schedule and approach to the work. We have budgeted to provide services through the full 140 working days allotted to the contractor and any unused budget will be returned to the City.

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services are not included in this Scope of Services or estimate of fees:
• Labor Compliance Review
• Surveying

Packet Page 331
PP24-8027
City of Seaside – Lincoln Cunnigham Park – Phase 1 Arterial Trail Project July 5, 2024

Page 7 of 7 ends

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 D) 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.

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

Attachments
Exhibit A - Budget Estimate
Exhibit B - 2024 Standard Rate Sheet
Exhibit C – Earth Systems Proposal dated 6/28/24
Exhibit D – Standard Terms & Conditions
Packet Page 332
Wallace Group Team Resource Estimate for the
PP24-8207 Seaside - Lincoln Cunningham Park - Phase 1 Arterial Trail Project Director of Construction Management (Zachary Teske, PE) Assistant Resident Engineer (Jorge Avila) Prevailing Wage Construction Inspector (Jorge Avila) EarthSystems Misc. Direct Costs TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS HRS Cost Cost HRS LABOR COST
RATE $220 $170 $180 $ $
1 Pre-Construction 6 60 $40 66 $11,520 $11,560
2 Construction (140 working days) 42 224 560 $2,814 826 $148,120 $150,934 3 Post-Construction 4 32 $201 36 $6,320 $6,521
4 Materials Testing (optional) 28,866$ $28,866
SUB-TOTALS 52 316 560 $3,055 928 #REF! $197,881
WALLACE GROUP LABOR COSTS $11,440 $53,720 $100,800 $165,960 WALLACE GROUP DIRECT COSTS $3,055
SUBCONSULTANT DIRECT COSTS $28,866 $28,866
DIRECT COSTS OVERHEAD @ 15% $4,788
TOTAL $202,669
Task Budgets may fluctuate within Overall Budget PHASE/TASK PP24-8207 - Budget - Seaside - Lincoln Cunningham Trail CM Summary Page 1 7/4/2024 Packet Page 333
Exhibit B
Standard Billing Rates
Construction Management / Field Inspection Services:

Construction Inspector I - II ............................................ $140/$155 Senior Construction Inspector ......................................... $160 Construction Inspector (*Prevailing Wage) .......................... $180 Construction Office Tech I-III .......................................... $115/$125/$135 Assistant Resident Engineer I - II...................................... $165/$170 Resident Engineer I - III ................................................ $175/$180/$185 Senior Resident Engineer .............................................. $195 Director .................................................................. $220 Principal Construction Manager ....................................... $245 Principal .................................................................. $270 Public Works Administration Services:

Project Analyst I - IV ................................................... $120/$130/$140/$150 Senior Project Analyst I - III ........................................... $155/$160/$165 Senior Environmental Compliance Specialist I - III ................. $170/$175/$185 Support Services:

Office Assistant ......................................................... $110 Project Assistant I – III .................................................. $120/$125/$135 *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:

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.

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com June 28, 2024 Proposal No.: SAL-24-06-016
Mr. Zachary Teske, P.E.

Wallace Group
612 Clarion Court
San Luis Obispo, California
PROJECT: LINCOLN CUNNINGHAM PARK – PHASE 1, ARTERIAL TRAIL PROJECT

SAN PABLO AVENUE

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

As requested, Earth Systems Pacific (Earth Systems) is submitting herein our construction inspection and testing services proposal for the Lincoln Cunningham Park, Phase 1 – Arterial Trail Project in Seaside, California. This proposal is for geotechnical related consultation, observation, and compaction testing. Additionally, we have also included special inspection services related to the retaining wall.

Per the construction document provided to us, we understand the proposed pathways will be surfaced with different materials (concrete, decomposed granite, and aggregate base), approximately 60 feet of retaining wall with a maximum height of 4’8” will be constructed, and that improvements to the storm drainage system are planned. It is also our understanding that the installation of the retaining wall reinforcement bars will be inspected by others.

Geotechnical Observation, Special Inspection, and Testing Services A construction schedule was not available during preparation of this proposal. The inspection coverages and site visits were estimated based on prior experience with jobs of a similar size and scope, and Lincoln Cunningham Park, Phase 1 – Arterial Trail project plans prepared by Whitson Engineers. Our anticipated services during construction are outlined as follows:

Geotechnical Observation and Testing Services
• Engineering Site Visits/Meeting Attendances
• Retaining Wall Foundation Excavation
• Grading Observation and Testing (pathway cuts and fills) • Compaction Testing (subgrade/base grade)
• Compaction Testing (utility trench backfill)
Packet Page 335
Lincoln Cunningham Park, Phase 1 – Arterial Trail Project June 28, 2024 Doc. No.: 2406-017.PRP/mg 2 Proposal No.: SAL-24-06-016 Special Inspection and Conformance Testing
• Review of submitted concrete mix designs
• Concrete placement inspection and sampling (restrooms, pavilion, shade structure, light poles)
• Conformance testing of concrete/shotcrete samples
Project Management and Report Preparation
• Project management and supervision
• Weekly certified payroll reported to the State of California as required by law • Preparation of Final Verified Reports
Field compaction tests will be conducted in accordance with ASTM D 6938 (nuclear test method).

Relative compaction will be determined by performing laboratory maximum density and optimum moisture tests in accordance with ASTM D 1557 and comparing it with the field compaction test.

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

FEES
Earth Systems would provide our construction inspection and testing services on a time and material basis per our fee schedule in effect at the time of services.

Our estimated fee to provide Construction Inspection and Testing Services is $28,865.80. Our Packet Page 336
Lincoln Cunningham Park, Phase 1 – Arterial Trail Project June 28, 2024 Doc. No.: 2406-017.PRP/mg 3 Proposal No.: SAL-24-06-016 “Anticipated Scope of Services & Cost Estimate” worksheet is attached for your information and review.

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

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

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

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

DIR Public Works Registration Numbers
Legal Name
Registration
Number
License
Type*
Registration
Date
Expiration
Date
Earth Systems Pacific 1000003643 N100143 06/07/2018 6/30/2027 *Professional Corporation License Number assigned by DIR March 27, 2015 Packet Page 337
Lincoln Cunningham Park, Phase 1 – Arterial Trail Project June 28, 2024 Doc. No.: 2406-017.PRP/mg 4 Proposal No.: SAL-24-06-016 Please note that effective August 1, 2016, we are required to submit certified payrolls for all Prevailing Wage projects via eCPR. In order to upload certified payrolls to the State’s website, the project’s DIR number is necessary. Please complete the attached Prevailing Wage and Accounts Payable Information Request form and return to our office at your earliest convenience.

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

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

Sincerely,
Earth Systems Pacific
Amir Khodadadi, PE C87298 Michelle Garcia, CEG
Principal Materials Engineer Senior Engineering Geologist Attachments: Anticipated Scope of Services & Cost Estimate July 2024, Fee Schedule
Packet Page 338
Project: Lincoln Cunningham Park Trail Project Date: 6/28/2024 Client: Wallace Group
Proposal No.: SAL-24-06-016
(This will be a "Prevailing Wage" Project)
DSA Masonry, Shotcrete and NDT (PW) PW Hourly Rate (Group 1 & 2) $153.00 CWI & Special Inspector, (PW) PW Hourly Rate (Group 1 & 2) $153.00 Technician (PW) PW Hourly Rate (Group 3 & 4) $148.00
CWI Inspector (Non-PW) Hourly Rate--Special Inspector $130.00 Special Inspector (Non-PW) Hourly Rate--Special Inspector $130.00 Technician (Non-PW) Hourly Rate--Technician $115.00
Mileage (per mile) Mileage (per mile) $0.95
Geotechnical Observation and Testing Services Personnel Trips Hours or Units Total Rate unit Fee Site Visit - Clear & Grub, sample pick up Technician, PW 2 3 6 $148.00 hr. $888.00 Grading Observation/Testing Technician, PW 7 4 28 $148.00 hr. $4,144.00 Site Visit - Grading Activities Senior Professional 2 2 4 $220.00 hr. $880.00 Utility Trench Backfill Technician, PW 4 4 16 $148.00 hr. $2,368.00 D.G. Paving Compaction Testing Technician, PW 2 4 8 $148.00 hr. $1,184.00 Compaction Testing - Flatwork, pathways, C&G SG/BG Technician, PW 8 4 32 $153.00 hr. $4,896.00 Retaining Wall Foundation Observation Technician, PW 1 4 4 $148.00 hr. $592.00 Nuclear Gauge (Equipment) 84 84 $15.00 hr. $1,260.00
Mileage 26 1014 1014 $0.95 mi. $963.30
Subtotal $17,175.30
Special Inspection Personnel Trips Hours or Units Total Rate unit Fee Concrete Placement and Sampling Special Inspector, PW 5 4 20 $153.00 hr. $3,060.00 Sample Pickups - Concrete Specimens Technician 5 2 10 $115.00 hr. $1,150.00 Mileage 10 390 390 $0.95 mi. $370.50
Subtotal $4,580.50
Laboratory Testing Units Total Rate unit Fee
Maximum Density and Optimum Moisture: 4” Mold 2 2 $300.00 ea. $600.00 Maximum Density and Optimum Moisture: 6” Mold 4 4 $340.00 ea. $1,360.00 Concrete Cylinder Testing 5 25 $50.00 ea. $1,250.00
Subtotal $3,210.00
Reports and Project Management Personnel Total Rate unit Fee Project Management, Coordination, and Supervision Senior Professional 6 $220.00 hr. $1,320.00 Review and Consultation Principal Professional 4 $270.00 hr. $1,080.00 Final Reports (Interim & Final Grading; SI Final Affidavit) 2 $750.00 ea. $1,500.00 $3,900.00
Anticipated Scope of Services & Cost Estimate
Construction Inspection and Testing Services
Subtotal
Packet Page 339
Project: Lincoln Cunningham Park Trail Project Date: 6/28/2024 Client: Wallace Group
Proposal No.: SAL-24-06-016
(This will be a "Prevailing Wage" Project)
DSA Masonry, Shotcrete and NDT (PW) PW Hourly Rate (Group 1 & 2) $153.00 CWI & Special Inspector, (PW) PW Hourly Rate (Group 1 & 2) $153.00 Technician (PW) PW Hourly Rate (Group 3 & 4) $148.00
CWI Inspector (Non-PW) Hourly Rate--Special Inspector $130.00 Special Inspector (Non-PW) Hourly Rate--Special Inspector $130.00 Technician (Non-PW) Hourly Rate--Technician $115.00
Mileage (per mile) Mileage (per mile) $0.95
Anticipated Scope of Services & Cost Estimate
Estimate Total: $28,865.80
Packet Page 340
JULY 2024FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE
(Effective July 1, 2024)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.

PERSONNEL Hourly Rate
Principal Professional.............................................................................................................................................$270.00 Associate Professional .......................................................................................................................................... $240.00 Senior Professional ............................................................................................................................................... $220.00 Project Professional ............................................................................................................................................... $180.00 Staff Professional...................................................................................................................................................$155.00 CWI & Special Inspector, Prevailing Wage*.......................................................................................................... $153.00 Technician, Prevailing Wage* ............................................................................................................................... $148.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$148.00 Special Services Technician.................................................................................................................................... $130.00 CWI Inspector ........................................................................................................................................................ $130.00 Special Inspector.................................................................................................................................................... $130.00 Technical Assistant.................................................................................................................................................$110.00 Technician.............................................................................................................................................................. $115.00 Clerical/Administrative ..........................................................................................................................................$110.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.

BASIS OF CHARGES, GENERAL

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

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

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

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

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

6. Weekly special inspection report charge: $110.00

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

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

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

10. Rates are effective through December 31, 2024.

PREVAILING WAGE PROJECTS

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

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

3. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $110.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.

Packet Page 341
JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)

BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($115.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.

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

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

Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $125.00 Atterberg Limits: Plasticity Index .................................................................................................................................. $260.00 California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $650.00 California Bearing Ratio, 9 points; incl. ref maximum density ...................................................................................... $945.00 Consolidation, one dimensional.................................................................................................................................... $225.00 Consolidation, timed, per point .................................................................................................................................... $100.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity) ........................................................................................ Per Quote Direct Shear, 3 points minimum.................................................................................................................................... $315.00 Expansion Index Test..................................................................................................................................................... $205.00 Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $300.00 Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $340.00 Maximum Density and Optimum Moisture: California Impact..................................................................................... $305.00 Moisture and Unit Weight Determination, from Ring Samples...................................................................................... $45.00 Moisture Only.................................................................................................................................................................. $40.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value .......................................................................................................................................................................... $325.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts ........................................................................................ $375.00 Hydro Collapse Potential............................................................................................................................................... $165.00 Sieve/Hydrometer Anlys, assumed specific grvty, w/200 wash.................................................................................... $250.00 Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $155.00 Sieve Analysis 200 wash only .............................................................................................................................................$140 Sieve Analysis with wash....................................................................................................................................................$165 Sieve Analysis, Oversize Material .................................................................................................................................. $215.00 Specific Gravity.............................................................................................................................................................. $150.00 Swell Test, undisturbed................................................................................................................................................. $205.00 Swell Test, remolded..................................................................................................................................................... $230.00 Unconfined Compressive Strength, untreated.............................................................................................................. $150.00 Unconfined Compressive Strength, lime or cement treated mtrl................................................................................. $490.00

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

CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate)................................................... $300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) ..................................................$560.00 Absorption, Coarse Aggregate ...................................................................................................................................... $100.00 Absorption, Fine Aggregate........................................................................................................................................... $150.00 Clay Lumps and Friable Particles in Aggregate.............................................................................................................. $125.00 Cleanness Value of Coarse Aggregate ........................................................................................................................... $175.00 Crushed Particles, each size .......................................................................................................................................... $150.00 Packet Page 342
JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate................................................................................................................... $200.00 Flat and Elongated Particles in Aggregate..................................................................................................................... $125.00 Organic Impurities in Fine Aggregate............................................................................................................................ $100.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent............................................................................................................................................................. $170.00 Sieve Analysis, washed.................................................................................................................................................. $200.00 Soundness, Sodium Sulfate, 5 cycles............................................................................................................................. $450.00 Specific Gravity, Coarse Aggregate................................................................................................................................ $150.00 Specific Gravity, Fine Aggregate.................................................................................................................................... $150.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG................................................................................. $285.00 Unit Weight of Aggregate.............................................................................................................................................. $150.00

CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................ $45.00* Compression Test of Cored Samples, cored at laboratory............................................................................................ $120.00 Compression Test of cores delivered by others............................................................................................................ $100.00 Compression Test of Lightweight Concrete .................................................................................................................... $50.00* Density of Concrete Cylinders......................................................................................................................................... $80.00 Density of Hardened Concrete ...................................................................................................................................... $105.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................ $180.00 Grading of Shotcrete Cores........................................................................................................................................... $490.00 Sample Storage, monthly per sample ............................................................................................................................. $45.00 Shrinkage, set of 3......................................................................................................................................................... $400.00 Unit Weight of Lightweight Concrete............................................................................................................................ $130.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................ $2.00 Enviro. Recycling Fee, per flex beam................................................................................................................................. $3.00 Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam .................................................................................... $65.00

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

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

ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples................................................................................. $80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3.................................................................................... $240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5.................................................................................... $400.00 Packet Page 343
JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side).................................................................................... $245.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side).................................................................................... $260.00 Extraction of Oil from A.C. Mixtures.......................................................................................................................... Per Quote Extraction of Oil from Rubberized Mixtures.............................................................................................................. Per Quote Gyratory Compactor, per set of field mixed asphalt ..................................................................................................... $495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt....................................................................................... $890.00 Ignition Oven Binder Cntnt, after initial corr value is det.............................................................................................. $275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................ $850.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................ $50.00 Sieve Analysis of Extracted Aggregate........................................................................................................................... $285.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................ $270.00 Specific Gravity, Theoretical Maximum, Rice Method .................................................................................................. $170.00 Stability and Flow, Marshall Apparatus, set of 3........................................................................................................... $240.00 Stabilometer, Hveem S-Value, set of 3.......................................................................................................................... $350.00 Enviro. Recycling Fee, per sample ..................................................................................................................................... $2.00 Enviro. Recycling Fee for Extracted Oils .......................................................................................................................... $45.00

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

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

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

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

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

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

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

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JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment................................................................................................................................ $200.00/Day Non-Destructive Testing Equipment ..........................................................................................................................$45.00/hr Manometer ........................................................................................................................................................... $155.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $115.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment....................................................................................................................................... $15.00/hr.

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

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

Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $200.00/day Torque Wrench ......................................................................................................................................................... $100/Day.

Water Level Indicator.............................................................................................................................................. $55.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week................................................................................................................................... $100.00 DSA Box Posting, ea............................................................................................................................................................$110 DSA Lab Compliance, per week........................................................................................................................................ $$110 Vehicle Mileage Charge.....................................................................................................................................................$0.95 Packet Page 345
JULY 2024 FEE SCHEDULE NC-2405-003.FEE

EXPERT WITNESS SERVICES
(Effective July 1, 2024)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.

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

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

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

BASIS OF CHARGES

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

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

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

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

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

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WALLACE GROUP
Exhibit D
Terms and Conditions
Client and Consultant agree that the following provisions shall be part of their agreement:

Billings/Payments: Accrued fees and direct charges will be billed monthly by the Consultant and shall be due at the time of billing unless otherwise specified in this agreement. Failure of Client to make full payment within 30 days of the date of invoice, the Consultant may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice.

Ownership of Documents: All documents produced by the Consultant under this agreement shall remain the property of the Consultant and may not be used by the Client for any other endeavor without the written consent of the Consultant.

Electronic Media: Because CADD information stored in electronic form can be modified by other parties, intentionally or otherwise, Client agrees to indemnify and hold harmless and indemnify Consultant from all claims and expenses arising out of the modification or use of these materials.

Document Reuse: Client agrees not to reuse Consultant’s drawings, specifications, or other related documents without Consultant’s written consent. In the event that changes are made to the plans and specifications by the Client, his agents, or employees, the Client agrees to hold harmless and indemnify Consultant for any and all liability arising out of or resulting from such changes.

Indemnification: The Consultant shall indemnify and save harmless Client, including their officers, employees, affiliates, parent and subsidiaries, from and against any and all liability, claims, suits, losses, damages, costs, expenses, reasonable attorney’s fees, or liability to the extent arising out of or resulting from any negligent acts, errors or omissions of Consultant, and its officers, employees, agents or sub consultants arising out of or in connection with Consultant services to be performed under this agreement.

The Client shall indemnify and save harmless Consultant, including their officers, employees, affiliates, parent and subsidiaries, from and against any and all liability, claims, suits, losses, damages, costs, expenses, reasonable attorney’s fees, or liability to the extent arising out of or resulting from any negligent acts, errors or omissions of Client, and its officers, employees, agents or sub consultants arising out of or in connection with services to be performed under this agreement.

Certifications: Consultant shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence the Consultant cannot ascertain.

Dispute Resolution: Any claims or disputes made during design, construction or post-construction between the Client and Consultant shall be submitted to non-binding mediation. Client and Consultant agree to include a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.

Retention: If any portion of CONSULTANT’S fee is held in retention, such amount shall be released within thirty days after invoicing for completion of corresponding services. Interest shall be paid at the rate of 1.5% per month on any retention amounts not paid within this thirty-day period.

Attorneys’ Fees: In the event any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees and all other related expenses in such litigation.

Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Consultant, the risks have been allocated such that the Client agrees that, to the fullest extend permitted by law, the Consultant’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the sum of the Consultant’s fees or $50,000, whichever is greater. Such causes include, but are not limited to, the Consultant’s negligence, errors, omissions, strict liability, or breach of contract.

Termination of Services: The agreement may be terminated by the Client or the Consultant should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Consultant for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.

This agreement shall be governed by and construed in accordance with the laws of the State of California.

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EXHIBIT B

FEE SCHEDULE
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Wallace Group Team Resource Estimate for the
PP24-8207 Seaside - Lincoln Cunningham Park - Phase 1 Arterial Trail Project Director of Construction Management (Zachary Teske, PE) Assistant Resident Engineer (Jorge Avila) Prevailing Wage Construction Inspector (Jorge Avila) EarthSystems Misc. Direct Costs TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS HRS Cost Cost HRS LABOR COST
RATE $220 $170 $180 $ $
1 Pre-Construction 6 60 $40 66 $11,520 $11,560
2 Construction (140 working days) 42 224 560 $2,814 826 $148,120 $150,934 3 Post-Construction 4 32 $201 36 $6,320 $6,521
4 Materials Testing (optional) $ $28,866 28,866
SUB-TOTALS 52 316 560 $3,055 928 #REF! $197,881
WALLACE GROUP LABOR COSTS $11,440 $53,720 $100,800 $165,960 WALLACE GROUP DIRECT COSTS $3,055
SUBCONSULTANT DIRECT COSTS $28,866 $28,866
DIRECT COSTS OVERHEAD @ 15% $4,788
TOTAL $202,669
Task Budgets may fluctuate within Overall Budget PHASE/TASK PP24-8207 - Budget - Seaside - Lincoln Cunningham Trail CM Summary Page 1 7/4/2024 Packet Page 349

EXHIBIT C

INSURANCE REQUIREMENTS
Packet Page 350
Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT C

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

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

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

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Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT C
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.

Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall Packet Page 352
Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT C
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.

In the alternative, Agency may cancel this Agreement.

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

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Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT C
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.

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

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 Packet Page 354
Construction Management and Inspection Service for the Lincoln Cunningham Park – Phase 1 Arterial Trail Project

EXHIBIT C
under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

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EXHIBIT D

REQUEST FOR ENGINEERING SERVICES
Packet Page 356
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REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

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

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

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

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
Packet Page 358
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

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

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
Packet Page 359
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

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

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 360
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

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

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.

Packet Page 361
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 6 -

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

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.

Packet Page 362
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 7 - Personal financial information that a prospective Consultant(s) considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked “CONFIDENTIAL: PERSONAL FINANCIAL RECORDS; NOT PUBLIC RECORDS.” A prospective Consultant(s) should not mark their entire Qualifications as “Confidential.” During the selection process, the City will keep such information confidential and will not disclose it, except as otherwise required under applicable law. This means that, depending on the nature of timing of the request, or future court decisions, that personal financial information may not remain private and may be publicly disclosed. Once the selection process is completed, the City will return this information to any prospective agency that is not selected.

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EXHIBIT E
RESOLUTION 22-62

ON-CALL ENGINEERING SERVICES
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Seaside City CouncilJuly 25, 2024

Seaside City Council
July 25, 2024