Agenda packet — Seaside City Council, August 15, 2024 (part 2 of 2)

EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET

FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF

LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR

LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS

AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,

PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND.

TERMS AND CONDITIONS
Packet Page 309
(7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient.
(8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves the right to require that all applicable covered components are available and/or returned to ZF for review
and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL

DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT

DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT

LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where
indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION

OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH

SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF

THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL
OF ITS ESSENTIAL PURPOSE. ZF may change the design or make improvements to its Products without incurring any warranty obligation for previously manufactured Product .
(9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF employee, or dealer is authorized to make any additional warranty on behalf of ZF unless in writing and signed by an authorized representative of ZF.

Packet Page 310
About ZF Friedrichshafen AG
ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate.

ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com
© 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203.

Packet Page 311
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Packet Page 312

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.

Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Packet Page 313
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship
Command Zone Electronics
Five (5) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Command Zone control modules shall be free from failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Packet Page 314
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) months Warranty Period
Ends After:

Warranty Begins: The date of delivery.

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision
camera system installed on the apparatus occuring during the warranty period.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Packet Page 315
Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Pierce 12V LED Strip Light
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period.

1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty does not apply to related wire
harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Year Warranty Period
Ends After:

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Packet Page 316

NEW PRODUCT WARRANTY

PARTICIPATING OEM SALES

DISTRIBUTOR SALES

LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS

USED IN EMERGENCY VEHICLE APPLICATIONS
Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations.

WHAT IS COVERED
 WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.
 PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.
 TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception:

Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers).

If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty.

APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE

WARRANTY LIMITATIONS
(Whichever occurs first)

ADJUSTMENT CHARGE TO BE

APPLICABLE PAID BY THE CUSTOMER
MODELS
Months
Transmission Miles
Or Kilometers Parts Labor
MT, MD
3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series,
2400 Series 0–36 No Limit No Charge No Charge
HT with Electronic Controls 0–60 No Limit No Charge No Charge HD
1000 EVS, 2100 EVS, 2200 EVS
2350 EVS, 2500 EVS, 2550 EVS,
3000 EVS, 3500 EVS, 4000,
4000 EVS, 4500, 4500 EVS, 4700,
4700 EVS, 4800, 4800 EVS
0–60 No Limit No Charge No Charge

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Packet Page 317

WHAT IS NOT COVERED
 DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)

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Packet Page 318
Warranty Begins:

The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage

1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The date of delivery to the first retail purchaser.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.

This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.

Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.

Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.

Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

Packet Page 319
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency response for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.

Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a description of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.

Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been improperly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or removed. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.

Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.

In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Department of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their designee. UPF will make every reasonable effort to support our products though alternative means.

For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.

For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypropylene components related to the tank shall carry the standard UPF lifetime

WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.

LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
Packet Page 320
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.

All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.

This UPF warranty is transferable within the United States only with prior written approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).

UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be preauthorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modifications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.

In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.

This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any person supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.

THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS

NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.

WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.

POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA Packet Page 321
2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2 - 2 0 1 7 • 9 2 0 - 832 - 3 000 P I E R C E M A N U F A C T U R I N G I N C .

B U L L E T I N
TO: All Dealer Service Representatives
From: Kevin Hanegraaf
DATE: January 4, 2010
RE: UPF Tank Warranty Policy – Truck in Accident
Service Topic #292
To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void.

The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be:
- Filled with water
- Visually inspected
- Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF
If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect.

This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck.

Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253)
Packet Page 322
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Packet Page 323
Effective March 15, 2010
AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION
Warranty:

All AMDOR Inc. roll-up door products are warranted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repair of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door attachments including (but not limited to) decals, emblems, stripes and adhesives.

In order to initiate the claims process please contact your authorized representative of AMDOR Inc. Warranty claims must be accompanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective product (if necessary). Justified warranty claims will be repaired, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause.

Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commencement of work. Allowances for removal and installation:

Curtain replacement: 3/4 hour
Balancer replacement: 1 hour
Door ajar switch 3/4 hour
Bottom Panel Assembly: 1/2 hour
Slat replacement: 3/4 hour
Door removal and replacement 1 1/2 hours
Items authorized for return must be accompanied by a Return Goods Authorization (RGA) number. We will accept collect shipments of items deemed to be defective provided that they are returned via the most economical carrier. Should items be Packet Page 324
returned by means other than the most economical carrier the difference will be charged back to the sender.

AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions.

Limited Wet Paint Match Adhesion Warranty
AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint match colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and consideration of initial color spray outs will be considered over and above stated lead times. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will extend to the following visible paint system defects:

1./ Loss of mechanical adhesion as evidenced by peeling, cracking or blistering which exposes the substrate material.

2./ Corrosion of the substrate due to paint system failure.

3./ Fading which results in a substantial departure from the primary AMDOR approved body color.

Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following:

1./ Damage caused through the use of attachments including (but not limited to) decals, labels, adhesives, non factory approved coatings.

2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents.

3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents.

4./ Scratches, chips, abrasions, or dents from any source.

This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates.

Packet Page 325
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).

ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.

The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.

BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.

Packet Page 326
Warranty Begins:

Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Stainless Steel Piping

The date of the original purchase invoice (issued when the product ships from the factory).

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.

This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

3. BUYER'S EXCLUSIVE REMEDY.

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

Packet Page 327
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

One (1) Year & Five (5) Year Warranty Period
Ends After:

ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship Foam System & Five (5) Year Material and Workmanship Control Head
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Limited warranty 1 year parts and labor for for the foam system and 5 years parts and labor for the control head.

Packet Page 328
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

Packet Page 329
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0018

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Three (3) Year Material and Workmanship
Goldstar® Gold Leaf Lamination
Three (3) Years Warranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:

Each Goldstar® gold leaf lamination shall be free from
defects in material and workmanship.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

3. BUYER'S EXCLUSIVE REMEDY.

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JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
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1 DEALER-SUPPLIED PRODUCTS AND SERVICES
Golden State Fire Apparatus Inc. (GSFA) will furnish the following items and/or services before final delivery so that all necessary components and support are in place, contributing to an efficient final delivery process. Please refer to the detailed list below for a comprehensive overview of the products and/or services included:

AUTHORIZED MANUFACTURER
In accordance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." The manufacturer, as of the proposal submission, holds a valid license in compliance with this requirement and is prepared to furnish a copy upon request. This adherence to regulatory standards ensures that the manufacturer maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED DEALERSHIP
In compliance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "a dealer in vehicles of a type subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number." Golden State Fire Apparatus, Inc. possesses a valid license at the time of the bid, as detailed above, and can promptly provide a copy upon request. This adherence to regulatory standards ensures that the dealership maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED SALES REPRESENTATIVE
In accordance with the State of California Vehicle Code, specifically Section 11800, it is expressly prohibited for any individual to function as a vehicle salesperson without obtaining a license issued by the Department of Motor Vehicles (DMV). The representative, at the time of proposal, holds a valid vehicle salesperson's license and is ready to furnish a copy upon request.

This adherence to regulatory standards ensures that the sales representative maintains a current and official status, promoting transparency and compliance with legal requirements throughout the bidding process and subsequent phases.

VEHICLE REGISTRATION
In adherence to the State of California Vehicle Code Section 11739, it is mandated that the "dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer" through the Department of Motor Vehicles (DMV). Golden State Fire Apparatus, Inc., being a factory-authorized dealer of the Packet Page 332
2 vehicle being sold, is duly authorized to register with the State of California as a new vehicle manufacturer.

GSFA is committed to facilitating an excellent vehicle ownership experience for the customer.

As such, we will manage all necessary applications and complete all transfer papers, including the application for California Exempt "E" license plates. This approach ensures compliance with regulatory requirements and a hassle-free registration process for our valued customers.

WEEKLY PROGRESS PHOTOGRAPHS
GSFA is committed to ensuring transparency and comprehensive reporting throughout the construction process of the apparatus. To achieve this, GSFA will provide weekly photographs capturing various stages of the apparatus or major components under construction.

Commencing from the initiation of the manufacturing process, the photographic documentation will extend throughout the entire production phase by the manufacturer. These weekly reports will offer a visual representation of the ongoing progress of the apparatus, highlighting key milestones and showcasing unique features and aspects as construction unfolds.

Our focus is to provide stakeholders with a clear and detailed insight into the evolution of the apparatus, fostering a deeper understanding of the craftsmanship and distinct elements incorporated during the construction process. This commitment to regular, visual updates aims to enhance communication and transparency regarding the development of the apparatus.

FIREFIGHTING EQUIPMENT
Golden State Fire Apparatus Inc. will furnish the following firefighting equipment prior to the final delivery:
• Ten (10) SNAP-TITE model FC50X100Y50S, 5X100' Cpld 5Stz Yel Conqst Polyester Dj Attack/Supply Hose
• One (1) TFT model BBH, 1NH Ultimatic Nozzle 10-125GPM With Shutoff • One (1) ELKHART model LMRBE50S6, 5STZ X 6NHF Long Handle 1902L 30 Degree Low Profile Relief Valve, Right Side Handle

FINAL INSPECTION, FACTORY VISIT
A final inspection trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to ensure the adherence of the apparatus to specifications and promptly identify any potential deficiencies. The final inspection trip is anticipated to span three (3) days and two (2) nights, with scheduling details collaboratively determined between GSFA and the Customer.

GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.

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3 It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are nonrefundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the final inspection trip.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will deliver the apparatus to our Northern California facility located in Sacramento for a comprehensive dealer preparation inspection. This service, conducted at the expense of GSFA, aims to have the apparatus in optimal condition at the time of final delivery.

To ensure the proper break-in of all components while still under warranty, the apparatus will be delivered under its own power. The use of rail or truck freight for transportation is deemed unacceptable in order to uphold the highest standards of quality assurance during the delivery process. This approach not only aligns with warranty considerations but also emphasizes the commitment to delivering a fully operational apparatus to our valued customers.

PRE-DELIVERY SERVICE
Before the final delivery, the apparatus undergoes a pre-delivery service conducted by Golden State Fire Apparatus, Inc. This inspection and corrective process encompass the following key areas:

1. Engine Compartment and Undercarriage:
• Inspect for broken mounting brackets.
• Verify correct fluid capacities for engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear-end fluid, pump transmission oil, and primer oil if applicable.

2. Interior:
• Confirm proper operation of doors, windows, and locks, ensuring accurate adjustment.
• Inspect upholstery for quality and condition.

3. Exterior:
• Address reasonable paint scratches or chips.
• Tighten any loose hardware.

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4 • Inspect tires and wheels, ensure proper pressure and lug torquing.

4. Road Test:
• Conduct a road test with a full water tank (if applicable), covering approximately twenty miles on both city and highway roads.
• Perform a DOT compliant brake test to verify the system is holding air. • Inspect brake condition, wheel seals, and ensure drive train components reach optimal operating temperatures.

5. Electrical:
• Verify the operation of all lights, sirens, and other electrical accessories.

6. Pump:
• If applicable, vacuum test the pump for a 15-minute hold. • Operate relief valve, transfer valve, and check pump shift. • Inspect water tank for leaks and calibrate the water level gauge. • Rapid test all individual gauges and main gauges for calibration with discharge caps loose.
• Lubricate valve rods.

7. Foam System:
• If applicable, tighten caps and connect foam lines.
• Test selector valves, metering valve, and overall operation of the foam system, including a flush.

8. Fuel and DEF Tanks:
• Fill the fuel tank and DEF tank at the dealership location prior to final delivery.

9. Wash:
• Thoroughly wash the apparatus at the dealership location prior to final delivery.

This pre-delivery service assists in the apparatus meeting our high standards of quality and operational efficiency before reaching its final destination.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will deliver the completed Product, inclusive of any relevant equipment, spare parts, and supplies, to the Customer's specified address at GSFA's expense.

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5 In preparation for the Product's delivery, the Customer is required to furnish GSFA with proof of liability and physical damage insurance. GSFA will withhold the release of the Product until such proof of insurance is provided.

To ensure a timely delivery process, it is incumbent upon the Customer to settle any outstanding balance owed to GSFA before or at the time the Product is completed and ready for delivery. In the event of delayed payment or delivery, GSFA reserves the right to impose a daily finance charge of $150.00 and a daily storage fee of $50.00 until payment is received.

For compliance with insurance liability considerations, the Product will only be delivered upon full acceptance and full payment, or through a prior written agreement mutually reached between the Customer and GSFA. This ensures a secure and efficient finalization of the delivery process, aligning with both parties' obligations and safeguarding against potential liabilities.

SERVICE ADVANTAGE
In a world that demands immediate response, we recognize that the service and support of your apparatus should be no different. Established in 1989, Golden State Fire Apparatus Inc. proudly stands as an authorized full line sales and service dealership for Pierce Manufacturing Inc. Our commitment is to deliver prompt, professional service, and unwavering support for our products.

Situated within a spacious 33,814-square-foot facility in Sacramento, featuring 18 functional working bays, our location is strategically positioned near Highway 99, providing convenient access to the Interstate 80 and Highway 50 interchanges. This central location ensures easy transit to the Bay Area and the Interstate 5 corridor.

Count on Golden State for warranty and technical support, covering repairs and services spanning chassis, body, electrical, pump, routine maintenance, equipment mounting, pump testing, and more. Our mobile service program is designed to offer field repairs when and where you need them, which helps to minimize emergency apparatus downtime.

Our service staff includes professionals that are factory-trained by Pierce and hold ASE and EVT certifications. These professionals undergo recurrent training on chassis, electrical systems, and aerial devices to ensure they are equipped to handle diverse challenges.

At our dedicated two-story, 4,500 square-foot parts distribution department, we maintain an extensive inventory of both Pierce and non-Pierce parts. If a required part is not readily available, we promptly order it directly from the factory. Our primary goal is to keep your equipment on the road and ready for action.

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6 With a single contact to a single source, Golden State offers a blend of service, support, and sales, all conveniently housed under one roof. We invite you to visit us at any time to witness firsthand our capability to serve your department. We take pride in proving our commitment to your firefighting needs!
END OF EXHIBIT “D”
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RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PURCHASE OF A REPLACEMENT PIERCE FIRE ENGINE FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $1,032,072.23 FROM GOLDEN

STATE FIRE APPARATUS AND AUTHORIZE STAFF TO PROCEED WITH A

LEASE-PURCHASE FINANCING
WHEREAS, the Fire Department’s current Type 1 Engine (E04) is Pierce engine with 66,994 miles and 7,343 engine hours, and;
WHEREAS, according to the National Fire Protection Association Guideline 1901 Standard for Automotive Fire Apparatus: “It is recommended that apparatus greater than 15 years old that have been properly maintained and that are still in serviceable condition be placed in reserve status”, and;
WHEREAS, the City of Seaside Fire Department seeks to purchase the replacement of one Front-Line Type 1 Fire Engine, and;
WHEREAS, the approved fiscal year 2024-2025 adopted budget includes appropriations for the purpose of procuring a replacement Type 1 Fire Engine, and; WHEREAS, Golden State Fire Apparatus is a member of the Sourcewell Cooperative Purchasing Program which supports cooperative purchasing, allowing the City the opportunity to access competitively awarded and nationally leveraged cooperative purchasing contracts, and;
WHEREAS, Golden State Fire Apparatus provided a lease purchase proposal for one Pierce Enforcer 500 GPM Type 1 Engine, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside authorizes the purchase of a replacement Type 1 Engine from Pierce for the fire department and accepts the proposal from Golden State Fire Apparatus in the amount of $1,032,072.23.

Meeting Date: 8/15/24
Item X.X
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 15th day of August 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 339

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Adolfo Gonzalez, Project Manager
DATE: August 15, 2024
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH 4LEAF, INC. IN AN AMOUNT NOT TO
EXCEED $50,000.00 TO PROVIDE BUILDING AND SAFETY

SERVICES TO THE BUILDING AND CODE ENFORCEMENT

DEPARTMENT

RECOMMENDATION
Adopt a resolution authorizing a contract with 4Leaf, Inc. in the amount not to exceed $50,000.00 to provide building and safety services to the Building and Code Enforcement Department.

BACKGROUND
Building, Safety and Code Enforcement Services requires staff with specialized knowledge and expertise in various areas of design and construction related to building code standards. These areas include but are not limited to architectural, structural, fire-safety, accessibility/CASp (Certified Access Specialist), energy, mechanical, electrical and plumbing.

The City, on occasion, is in need of consultants who specialize in these fields to provide additional technical support for City staff. With multiple small, medium and large projects in the queue, the City is in need of additional building, safety and code enforcement services to augment our current staff in providing plan check, field inspection, and permitting services.

On December 28, 2023 a Request for Qualifications for Building and Safety Services was advertised to create an on-call list of consultants. On February 1, 2024 the on-call list was approved by the City Council, Resolution 24-07.

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Item No. 8.K. Page 2 of 2

FISCAL IMPACT
The funding for Building and Safety Services Contract are within the Building and Code Enforcement Services Department Budget for this fiscal year under account 100-7210- 2073.

ATTACHMENTS

1. Resolution

2. 4Leaf Scope of Services
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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Meeting Date: 8/15/2024
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH WEST COAST CODE CONSULTANTS, INC. IN AN AMOUNT OF $50,000.00 TO PROVIDE BUILDING AND SAFETY SERVICES TO THE

BUILDING AND CODE ENFORCEMENT DEPARTMENT
WHEREAS, Building, Safety and Code enforcement services encompasses a specialty of engineering with expertise in architectural, structural, fire-safety, accessibility/CASp, energy, mechanical, electrical and plumbing; and WHEREAS, the City of Seaside, on occasion, in in need of consultants who specialize in building, safety and code enforcement; and WHEREAS, on December 28, 2023, the City released an Request for Qualifications for professional services for Building, Safety and Code Enforcement Services; and
WHEREAS, based on competitive proposals submitted on January 19, 2024 by firms that have performed similar work, 4Leaf, Inc., CSG Consultants, Shums Coda Associates, TRB+Associates and West Coast Code Consultants were selected as the most qualified to perform these services based on professional qualifications, similar experience and sufficient staffing capabilities to provide service in a timely manner.

WHEREAS, 4Leaf Inc., is available to provide building and safety services immediately; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute a contract with 4Leaf Inc., to provide Building, Safety and Code Enforcement Services as described in Exhibit A.

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-2
PASSED AND ADOPTED at a regular City Council meeting of the City Council of the City of Seaside duly held on the 15th day of August 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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PROFESSIONAL ON-CALL

CONSULTING SERVICES
SECTION 3.1

CITY OF SEASIDE
4LEAF, INC.

TO THE

QUALIFICATIONS TO PROVIDE

INSPECTION
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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 9 Section32: Scope of Work - Inspection December 1, 2023
SECTION 3: SCOPE OF WORK – INSPECTION

INSPECTION SERVICES
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work throughout California who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.

We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre-qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same-day or within one business day—simply call, email, or text our assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.

Periodic Inspection Services  Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.

Part-Time Inspection Services  Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.

Full-Time Inspection Services  Available Two Days or Less 4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, Southern California, the Central Valley, Central Coast, Sacramento Valley, Peninsula/South Bay, East Bay, and North Bay.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 9 Section32: Scope of Work - Inspection December 1, 2023
Project Specific Inspection Services  Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).

GOFORMZ
4LEAF will implement the GoFormz software for inspection requests. With licenses owned by the City, 4LEAF’s Administration team will prepare inspection requests and inspection results documenting construction activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities.

GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.

The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document.

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PROFESSIONAL ON-CALL

CONSULTING SERVICES
SECTION 3.2

CITY OF SEASIDE
4LEAF, INC.

TO THE

QUALIFICATIONS TO PROVIDE

CODE ENFORCEMENT
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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 26 Section 3: Scope of Work – Code Enforcement December 1, 2023 SECTION 3: SCOPE OF WORK - CODE ENFORCEMENT
Our Code Enforcement personnel are certified through the International Code Council, CACEO, and various training programs offered through accredited institutions. In addition, most of our personnel holds a PC832, ICC Property Maintenance and Housing Inspector, and/or CACEO certification (a condensed list of resumes has been included in the Appendix).
4LEAF staff have the experience in working with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff has experience in investigative practices that aid in substantiating the validity of a complaint on a property and in turn addressing verified violations through proper due process noticing. 4LEAF Code Enforcement Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary. We focus on nearly every area of Code Enforcement including, but not limited to, the following categories detailed below.

SCOPE OF SERVICES & AREAS OF ENFORCEMENT
Blight Enforcement
Our team works to identify and enforce state and local laws pertaining to the maintenance of private property.

Through field contact with tenants and property owners, our team works efficiently in providing guidance to address blighted conditions such as overgrown weeds, trash, debris, and graffiti.

Business License Enforcement
4LEAF is trained to identify businesses that operate without a required business license, making them noncompliant with municipal code requirements.

Classroom Training with CEUs
You can often find members of 4LEAF training nationally for organizations such as the International Code Council (ICC), American Association of Code Enforcement (AACE), California Association of Code Enforcement Officers (CACEO), and other nationally recognized affiliations of these chapters. 4LEAF’s training leads include Cecilia Muela, Pete Roque, Nick Henderson, CBO, and Anthony Mullins. Our instructors are nationally accredited and offer Continuing Education Credits (CEUs).

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 27 Section 3: Scope of Work – Code Enforcement December 1, 2023 Our trainers currently cover topics such as:
o 10 Most Common Complaints
o Accessible Parking
o ADU Legislation
o Agency Promotion Community Relations
o Banner and Sign Enforcement
o Basic Ethics
o Basic Ethics and Inspections
o Basic Ethics, Authority, and Inspections
o Basic Inspection Protocol
o Basic Report Writing
o Basic Residential Construction
o Blueprint Reading
o Building And Safety Presentation
o Building Blocks for Code Enforcement
Officer Success
o Building Code
o Building Inspections and Code Enforcement
– A Powerful Duo
o Case Documentation
o Case Management from Start to Finish
o Code Enforcement 101
o Code Enforcement Culture
o Courtroom Testimony and Demeanor
o Dealing With Difficult People
o Effective Communications – Bridging the
Gap with External and Internal Customers
o Ensuring Short-Term Rental Reg.

Compliance
o Essentials for Short-Term Rental
Enforcement
o Establishing Code Enforcement Culture
o Ethics
o Hoarding
o Individual Awareness and Preparation
o Inspection Protocol
o Interior Inspections
o Intermediate Communications
o Interview And Interrogation
o Interview And Report Writing
o Investigative Report Writing
o IPMC 2021 or 2018 Exam Prep
o IPMC 2021 Overview
o Landlord Tenant Disputes
o Legal Aspects
o Marketing Your Code Enforcement
o Mobile Vending
o Mold, Lead, Asbestos, & Vectors
Enforcement
o Multi-Agency Task Forces
o Officer Safety – Drug Awareness for the
Code Enforcement Officer
o Officer Safety – Encountering Mental Illness
in the field of Code Enforcement (Self-Care)
o Officer Safety – Field Inspection Protocols
for the Code Enforcement Officer
o Officer Safety – Gang Awareness for the
Code Enforcement Officer
o Officer Safety – Hazardous Building Safety
for the Code Enforcement Officer
o Planning And Zoning Basics
o Property Maintenance
o Public Nuisance Abatement
o Public Outreach Changing Public Perception
o Rental Property
o Report Writing Revised
o Right Of Entry and Inspection Warrants
o RRP Code Enforcement
o Safe And Proper Procedures on Contacts
o Simplifying Your Presentation
o Spanish Communication
o Substandard Housing
o Task Forces
o Teamwork And Task Forces
o Topics
o Vector Control
o Vehicle Abatement
o Vendor Enforcement
o West Nile Virus
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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 25 Section 3: Scope of Work – Code Enforcement December 1, 2023 Community Outreach
4LEAF will review current outreach and engagement initiatives and make appropriate recommendations to the City. Items typically reviewed include:
o Opportunities for involvement in community events
o Creation of pamphlets and marketing material
o Social media engagement
o News media outlets
o Municipal Code Enforcement web page
o Review of frequently asked questions
Department Assessments
4LEAF is working with many Community Development Departments to provide assessments of their code units reviewing closely staffing levels, Standard Operating Procedures (including branding/rebranding, target issues, prioritization of existing Code Enforcement cases, community engagement strategies, written materials such as compliance notices, postings and door hangers, data entry, inspection response time management, and training programs. Additionally, 4LEAF provides in-house assessments and regular meetings with directors and municipal stakeholders for plan implementation and execution.

Hearing Officers
4LEAF has Hearing Officers available for contracted municipalities. Our seasoned officers are trained to understand the existing Municipal Code as well as other adopted codes and make a knowledgeable determination regarding the validity of a violation. Results may include the issuance of fines or granting additional time for compliance for respondents with unusual hardships.

Inspections
4LEAF can provide certified and qualified staff to perform inspections in a lawful manner that respects the reasonable expectations of privacy and security of residents and their properties. Inspections conducted will determine if conditions on the properties are compliant with applicable sections of the current editions of the International Property Maintenance Code (IPMC), Municipal Code, Zoning Code, California Health and Safety Codes, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building, CA Residential Code, CA Building Code, and trade codes. Upon assignment, 4LEAF’s Code Enforcement staff will be ready to respond and provide compliance solutions to code cases, new and existing, with minimal impact to current processes. 4LEAF Code Enforcement Inspectors are qualified to do the following:
o Perform inspections for violations of Building Codes and Ordinances as adopted by the municipality. o Research properties for prior approvals, permits, and general information relating to violations. o Investigate and take necessary action when a violation of municipal codes exists o Consult with the City Council as required, when requested by the Code Enforcement Manager/Director, and when escalated enforcement may be required.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 26 Section 3: Scope of Work – Code Enforcement December 1, 2023 o Comply with the City’s procedures for reporting inspection results and deficiencies. o Use City inspection correction forms.
o Complete necessary digital entries that capture site inspection results, case status communications and any documentation of notices provided to responsible parties and stakeholders. o Conduct follow-up inspections as needed.
o Notify the responsible parties of other agency approvals prior to closing a Code Enforcement action. o Maintain records as needed for the efficient and effective operation of the City. o Meet with members of the general public and municipal staff on a daily basis as needed.

Lead Abatement
Although lead-based legislation has been around since the 1950s, nationwide regulation was not enforced until 1971 with the introduced of the Lead-Based Paint Poisoning Prevention Act (LBPPPA), which prohibited the use of leadbased paint in residential structures constructed or rehabilitated by the Federal government or with Federal assistance. In 1973, an amendment to the LBPPPA stated that lead-based paint should be removed from pre-1950 housing and structures. Our Code Enforcement team follows the requirements set forth by the State of California to ensure proper lead safe practices are taking place in removal of lead-based paint to protect citizens from exposure.

Additionally, our team participated at the National Healthy Homes Conference in 2022 in Baltimore, MD, where we spoke on the importance of Code Enforcement for Lead Paint Abatement Programs to safeguard communities.

Massage Parlor Enforcement
This scope can often be utilized for undercover stings with partnering agencies for businesses that not only violate criminal laws but also building code violations, licensing requirements, and potential massage parlor ordinances in the City. Early detection is vital in these cases and steps include background checks and other reasonable means of identification and clearances. Our team has championed programs specializing in identifying and mitigating illegal actions in massage parlors.

Parking Enforcement
4LEAF has the capabilities of providing parking enforcement. This includes:
o Enforcement of state and municipal parking regulations. o Removal of abandoned and nuisance vehicles from the public right-of-way. o Issuance of parking citations and review of contested citations.

Policy Review
4LEAF shall review and read current policies and procedures and define policy clearly to set the tone for your municipality’s Code Enforcement Program. A clear policy communicates defined expectations to stakeholders whether it’s how they handle complaints, how Code Enforcement Officers conduct compliance reviews, or any Packet Page 351

Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 27 Section 3: Scope of Work – Code Enforcement December 1, 2023 other aspect that the municipality needs to have communicated and consistently followed. 4LEAF will develop a well-defined user-friendly format.

Program Analysis
4LEAF understands that Code Enforcement is an essential part of a community’s public health and safety, providing a regulatory mechanism to ensure the public’s overall wellbeing. Addressing the community’s concerns in a timely and efficient manner is paramount to a successful Code Enforcement Program. 4LEAF personnel will perform the following:
o Conduct investigative inspections of unpermitted activities. o Create standard operating procedures, if required.
o Conduct review of all administrative/misdemeanor citations. o Provide guidance for resolution of high case load along commercial corridors. o Assist with complex code enforcement cases.
o Provide guidance for resolution of existing cases.
o Provide in-house and/or field training of traditional Code Enforcement protocols. o Create an outreach plan to address and deter unpermitted vending/commercial corridor violations.

Program Development
4LEAF project managers have the experience in working collaboratively with clients to further develop and enhance their Code Enforcement Program when requested. Our project managers are currently working with local jurisdictions to revise and strengthen Code Enforcement Programs to gain voluntary compliance, provide resident education, and effectively communicate with the public. 4LEAF staff takes an approach in recommending, implementing, and executing program assessments, creation of policies and procedures, creation of training manuals for new hires, providing educational materials for the public, providing staff with up-to-date training, teaching current Code Enforcement staff options for compliance using adopted ordinances, and providing recommendations to cases that may require specialized expertise that may be sensitive in nature. 4LEAF staff also has designated staff tracking recent legislation to ensure the municipality follows state regulations and clients are aware of upcoming legislation that may affect their Code Enforcement Program.

Project-Specific Assignments
Our Code Enforcement Directors are often brought on board by municipalities to provide consulting for longstanding cases that need a fresh set of eyes and assessment. The Code Enforcement team at 4LEAF will lend their considerable expertise in bringing those difficult cases into compliance. We will review your most challenging cases, assess the work done to date, confer with the Municipal Code and your department's Standard Operating Procedures. Once our analysis is complete, 4LEAF will provide you with a detailed report of our findings and specific, step-by-step strategies to get those cases off the active roster. 4LEAF personnel will be available to speak with stakeholders such as Department Heads, Council, and other elected officials. If necessary, we can also provide Expert Witness Testimony.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 28 Section 3: Scope of Work – Code Enforcement December 1, 2023 Rental Housing Enforcement
Our team will assist with the inspection of residential rental properties on a routine and comprehensive basis to assure the overall quality of the unit meets the requirements of the Health and Safety Code and property maintenance guidelines. This includes educating property owners, property managers, and tenants about those requirements.

Review and Develop SOPs
4LEAF routinely works with Code Enforcement Divisions to review the current Standard Operating Procedures and provide suggestions for enhancing SOPs. Our staff can also help implement and train the existing municipal personnel in these changes. Currently, we are providing these services for California municipalities such as the cities of Napa, Lathrop, and Artesia.

Staff Augmentation
4LEAF specializes in providing personnel to municipalities on a part-time or full-time basis. At your request, our staff arrives at your door with training opportunities, study materials, company phones, and energy- saving fleet vehicles. 4LEAF’s Code Enforcement Staff Augmentation personnel categories include:
o Department Director
o Department Manager
o Code Enforcement Manager and Training Officer
o Senior Code Enforcement Officer
o Code Enforcement Officer I & II
o Code Enforcement Coordinator/Technician
o Hearing Officer
Short-Term Rental Programs
One of the fastest growing programs within Code Enforcement Divisions is short-term rentals. 4LEAF assists with compliance with municipal short-term rental ordinances that require property owners to adhere to several rules including limiting the number of daytime and overnight guests, prohibiting events and amplified sound, and posting specific rules and emergency information, among others.

Stormwater Enforcement
4LEAF provides Stormwater Enforcement. This includes the visual inspection of infrastructure dedicated to the management of rainwater. Violations would include having inadequate erosion/sediment controls for property, failing to conduct/document inspections, illegal dumping, overgrowth of vegetation, and flooding.

Substandard Housing
One of the major areas of code enforcement throughout the U.S. is the inspection of Substandard Housing. 4LEAF Code Enforcement Officers routinely inspect and report any violations to housing codes including substandard and uninhabitable conditions, un-permitted construction, unlawfully created units Packet Page 353

Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 29 Section 3: Scope of Work – Code Enforcement December 1, 2023 or spaces, inadequate or non-existent heating, accumulated trash and debris, lack of utilities, property maintenance, mold, and rodent/insect infestations.

Tobacco Enforcement
These programs ensure that retailers are properly licensed/permitted for the sale of tobacco and such establishments are posting proper notification such as STAKE Act stickers at each point of sale. In addition, we can assist in compliance with work-place smoking and vaping prohibitions.

Field Staff Training
Aside from the classroom training, 4LEAF personnel are also available to conduct field training. This includes ride-alongs with municipal personnel. This hands-on approach is often effective for training in communication, technical training, and enforcement of municipal codes.

Vendor Enforcement
4LEAF personnel are trained to enforce State and Local laws regarding unpermitted vending activity, issue Administrative Citations to vendors, generate inspection reports, testify at hearings, and provide strategic planning for large scale vending activities associated with entertainment venues. Specifically, 4LEAF staff are trained in enforcement of unpermitted vending ordinances on municipality-owned or controlled property such as parks, public rights of way (sidewalks) and areas outside the permitted vending spaces.

Zoning
It is imperative that approved Zoning Plans result in development and construction that is fully aligned with such approved Plans. 4LEAF staff will work with Departments to verify such alignment. Examples include:
o Construction of a building that is not allowed in a particular zoning designation. o Building a structure (or an addition to a structure) that is too tall or that obstructs another person’s view or access to light/air space.
o Conducting various operations in non-designated areas, including manufacturing, packaging, selling, growing, labeling, and other business/industrial activities. o Living in spaces that are not designated as residential areas. o Creating amounts of pollution or noise that exceed local limits. o Adherence to set back and lot coverage requirements.

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PROFESSIONAL ON-CALL

CONSULTING SERVICES
SECTION 3.3

CITY OF SEASIDE
4LEAF, INC.

TO THE

QUALIFICATIONS TO PROVIDE

PLANNING
Packet Page 355
Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 15 Section 3: Scope of Work – Planning December 1, 2023
SECTION 3: SCOPE OF WORK – PLANNING

APPROACH
Since establishing our Planning Division in 2018, 4LEAF has worked with numerous jurisdictions providing Comprehensive Planning, Project Review, and Environmental Planning Services including: On-Call Planning, Specific Plans, General Plan Amendments, including Updates of Housing and Safety Elements, and work on LongRange initiatives related to fire resiliency and disaster recovery. Within the past 12 months, 4LEAF has added 20+ new municipalities to our on-call Planning service contracts and we have staffed a wide array of professional Planning personnel to include staff augmentation from the Planning Technician to Planning Director levels and everything in between.

In addition to providing Comprehensive, On-Call Planning Support, and Environmental Document preparation services, 4LEAF is currently working with the ABAG Joint Planning Collaborative for Napa and Sonoma County Housing Elements, addressing the housing challenges facing the region and overseeing planning sessions with the Collaborative’s Steering Committee. 4LEAF is providing Housing Elements to the cities of San Marino, Santa Clarita, Cotati, Cloverdale, Cupertino, Sebastopol, and Gonzales. We are experienced in working with the California Department of Housing & Community Development (HCD) providing RHNA number appeal services. 4LEAF Planners also have experience working with the Department of Housing and Urban Development (HUD) and the Department of Housing and Community Development (HCD) policies and regulations, and reviewing applications for completeness and consistency with Local, State, and Federal regulations. Our staff’s attention to detail and organized approach to project management helps maintain project schedules and ensures positive and timely results. 4LEAF Planners have the specific skills to complete any request.

Our Planners possess the technical writing and report preparation abilities needed to convey the greatest detail in a manner that is easy to understand with solid recommendations of findings rooted in the plans, policies, and codes that reinforce the City’s vision. We are dedicated to understanding the vision of a community and rigorously working towards that vision. We utilize application checklists as the foundation of our review and translate policies and regulations as they apply to development applications. We transpose our findings into informative, concise, and simple to understand staff reports or studies. These endeavors cannot be accomplished in a vacuum and our staff are well‐versed in project management and will work diligently with other departments and agencies to ensure that the highest levels of review and feedback are achieved. 4LEAF Planners will arrive on-site with a positive attitude and will make every attempt to move projects forward to achieve successful outcomes.

We are creative in our approach and can develop alternative methods to achieve the best outcome for the communities, agencies, and applicants.

The Planning Division at 4LEAF is responsible for integrating staff into Local and State jurisdictions where we are routinely called upon to supplement vacancies and staff shortages. We also provide staff augmentation services when projects require focused processing and management of a variety of land use applications for compliance with land development codes and general, adopted area, and specific plans.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 16 Section 3: Scope of Work – Planning December 1, 2023
Our team evaluates the environmental impacts of private development proposals and coordinates with other divisions to ensure that standards for building safety and infrastructure systems are appropriately addressed with new development.
4LEAF’s Planning duties include the development of submittal forms to meet statutory requirements,taking inand reviewing projectsfor rebuilding and temporary housing, conducting pre-design rebuild meetings, responding to the planning and zoning information hotline as applicable, and conducting site inspections and property research to support application processing and meetings.
4LEAF Planners have successfully taken on complex planning duties in locations hardest hit by wildfires in recent years including the:
 City of Pleasant Hill (CA)
 City of Sausalito (CA)
 County of Sonoma (CA)
 County of Santa Cruz (CA)
 County of Jackson (OR)
 City of Pinole (CA)
 City of Vallejo (CA)
 City of Fairfax (CA)
 City of Hollister (CA)
 City of Rohnert Park (CA)
Our ability to augment services to expedite Planning and permitting processes ensures that residents are afforded an opportunity to get their lives back. Other recent on-call Planning placements include the County of Jackson, Oregon where we are managing and staffing the Fire Recovery program and the City of Pinole where we staff a Permit Technician, Code Enforcement Officer, a Project Planner, and a 4-month contract for a Planning Manager to oversee the Planning, Building, and Code Enforcement Divisions. In addition, 4LEAF worked with the City of Pleasant Hill to oversee complex developer funded projects as well as City-driven policy updates. 4LEAF has successfully placed a variety of skilled staff in public and private agencies for over 22 years. Our professional, certified, and registered staff bring the greatest knowledge and understanding of their respective fields, which ensures that our clients receive staff that are highly experienced and able to assimilate into the City’s team. We thrive on customer service and recognize that every contact we make—whether an applicant, the general public, or an agency representative—is critical for building and maintaining partnerships.

Customer care is a core value at 4LEAF, and our staff is expected to operate in a fashion aligned with this value.

Our Planners have successfully completed many design review applications, use permits, subdivisions/plats, land development code updates, general and comprehensive plan updates and development, cannabis regulations, environmental documentation oversight, affordable housing, and solar, wind, and energy compatibility projects.

Packet Page 357

PROFESSIONAL ON-CALL

CONSULTING SERVICES
SECTION 3.4

CITY OF SEASIDE
4LEAF, INC.

TO THE

QUALIFICATIONS TO PROVIDE

PLAN REVIEW
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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 19 Section 3: Scope of Work – Plan Review December 1, 2023 SECTION 3: SCOPE OF WORK – PLAN REVIEW

PLAN REVIEW SERVICES
4LEAF will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. We provide these services for project types including Single-Family Dwellings, large MultiFamily Mixed-Use Dwelling Units, Commercial, and Industrial.

Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.

On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.

Process Mapping
4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subject-matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan. 4LEAF implementation staff work both onand off-site during this process and offer extensive training to existing municipal staff members on the use of a jurisdiction’s preferred permitting software.

We have a robust amount of experience with software that aids in the implementation of process mapping, such as e-PlanSoft, TRAKiT, EnerGov, Accela, and iWorQ.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 20 Section 3: Scope of Work – Plan Review December 1, 2023 QA/AC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Seaside each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.

Task 2 - Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.

Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.

Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City of Seaside with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.

Task 5 - Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.

After completion of our quality control review a correction list will be e-mailed to a designated staff member at the City of Seaside or as directed by the City. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.

Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.

Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Seaside processing requirements and return them to the City, along with our letter of completion.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 21 Section 3: Scope of Work – Plan Review December 1, 2023

TURN-AROUND TIMES
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn-around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.

Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **MultiFamily< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.

Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e-mail. 4LEAF prefers to pick-up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail [email protected]. 4LEAF’s EZPlan Review
EZPlan Review is our in-house tracking software that
acts as a communication tool between 4LEAF and
the jurisdictions we work with. The use of EZPlan
makes communication easy. This web portal allows
users visualize project due dates, notes, and status
updates so that projects can be followed from start
to finish. Additionally, 4LEAF provides electronically
stamped and uploaded copies of approved project
plans, a value which saves clients time and
resources. With the use of EZPlan, 4LEAF hopes to
provide a level of ease and transparency during the
off-site plan review process.

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 22 Section 3: Scope of Work – Plan Review December 1, 2023 Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.

Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s predesignated contacts.

Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company-wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process. 4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation.

Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days.

Additional Technologies
Having served more than 400 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:

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Qualifications to Provide Professional On-Call Consulting Services to the City of Seaside. Page 23 Section 3: Scope of Work – Plan Review December 1, 2023

BUILDING DEPARTMENT SERVICES
4LEAF has a proven track record of providing Permit Technician/Counter staff and Building Officials to jurisdictions. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications.

Permit Technician
4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF has numerous of Permit/Counter Technicians on staff, many who are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job. Typical Permit Technician duties include:
• Accepting plans for plan check
• Verification that plans are accurate and complete
• Calculating permit fees
• Explaining ordinances and procedures to owners, contractors, developers, architects, and general public • Assisting with preparation of permit applications
• Receiving plans for Planning and Building permits and route to various agencies (if requested) • Accepting complaints on code violations, process, and record complaints • Answering phone calls for field and office staff
• Processing inspection requests
• Maintaining files for building permits
• Operating the Building Department’s computerized information system • Inputting a variety of information, including building permits and inspections • Completing related duties and responsibilities as assigned by Building Official and Senior staff members Building Official
The 4LEAF Interim Building Official can provide in-house plan reviews to the City, limiting the amount of projects distributed to outside consultants and helping the City achieve significant cost savings. The Building Official will act as an adjunct staff member to the City and work with City personnel and various departments to perform professional building services including but not limited to plan review, permit technician, building inspection, and code enforcement.

Staff qualifications for this role include evaluating and documenting projects for compliance with applicable building standards and housing codes, on- and off-site plan review, staff augmentation, and other building department related tasks. Proposed staff for this role will be appropriately trained and certified for all work.

Placement Schedule
Building Department Staff Interim Full-Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Building Official < 2 Days < 15 Days
Packet Page 363

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: August 15, 2024
SUBJECT: APPROVE A RESOLUTION APPROVING A CONTRACT FOR
$19,995.00 WITH SKY ELEMENTS AND AUTHORIZING THE

CITY MANAGER TO SIGN THE CONTRACT

RECOMMENDATION
Authorize the City Manager to sign the contract with Sky Elements for the Drone Show on October 13th 2024 not to exceed $19,995.00.

BACKGROUND
The City of Seaside will be hosting the City's 70th Birthday Celebration on Sunday, October 13, 2024, on the lawn at City Hall. The City has celebrated its birthday a variety of different ways over the years, and for this occasion staff is recommending a one of a kind Drone Show to commemorate this milestone in the City's history. There will also be a variety of free games and activities for the community to enjoy with some local live music.

The Drone Show itself will be 15 minutes, and will feature 150 drones. The show will be staged across the street from City Hall at Laguna Grande Park, and the show itself will be visible over Laguna Grande Lake.

Although, this is a free event with a wide variety of activities for the community. The main draw is the fireworks sky concert, and it is an essential piece for the overall success of the event.

FISCAL IMPACT
Packet Page 364

Item No. 8.L. Page 2 of 2
The cost for the Drone Show is is $19,995.00
There is $22,085.39 in residual funds from the Adopted Budget in the following account
There is enough funds in this account to pay the deposit for the fireworks, and when FY2020-21 is adopted we will pay the balance July 5th 2020.

ATTACHMENTS

1. Resolution

2. Pyrotechnic Proposal

3. Insurance Certificates
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
Packet Page 365
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING A CONTRACT FOR $27,500 WITH PYRO SPECTACULARS AND AUTHORIZING

THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WHEREAS, the City Council of the City of Seaside has considered the need to hire a company to provide a Fireworks Display for the City of Seaside’s 4 th of July community event
“Red, White, & Blues”(s); and
WHEREAS, the City Council has considered the previous working relationship with Pyro Spectacular and their knowledge of pyro techniques; and WHEREAS, the City Council finds that it is in the best interest of the City of Seaside to contract with Pyro Spectacular for a fireworks display for the Red, White, & Blues community event
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the contract with Pyro Spectaculars for the fireworks display and authorizes the City Manager to sign all necessary documents.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 19th day of March 2020 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________________
Ian Oglesby, Mayor
City of Seaside
ATTEST:
______________________________
Lesley Milton-Rerig, City Clerk
City of Seaside
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Packet Page 375

CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
Leslie Llantero, Assistant Engineer
DATE: August 15, 2024
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP FOR ADDITIONAL CONSTRUCTION MANAGEMENT
SERVICES FOR THE CUTINO PARK IMPROVEMENT PART 2
PHASE 1 PROJECT FOR AN AMOUNT NOT TO EXCEED
$8,877.75

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to the professional services agreement with Wallace Group for additional construction management services for the Cutino Park Improvement Part 2 Phase 1 Project for an amount not to exceed $8,877.75.

BACKGROUND
The Cutino Park Improvements Part 2 Phase 1 Project began in April 2023 and included the construction of a parking lot and lighting, playground area and equipment, benches, tables, water fountain, accessible pathways, pathway lighting, bleachers, lawn area, landscaping and irrigation improvements. The project was scheduled to take 180 calendar days. Due to several change orders for the additional concrete pathways, planting, grading improvements, and removal of unknown existing materials at the request of the City, significant scope and time were added to the overall project. The construction time nearly doubled, requiring additional construction management services and daily inspections. The cost outlined in the professional services agreement was based off construction time. The approved contingency amount did not account for the added scope and time and did not accommodate all the construction management activities needed to complete the project. Amendment no. 1 to the Packet Page 376

Item No. 8.M. Page 2 of 2
Wallace professional services agreement accounted for most of these additional construction management services in the amount of $18,991.00.

Additional compensation in the amount of $8,877.75 is being requested by Wallace for additional construction management services to close out the project. The additional services include punchlist change orders for bollards, headerboard, and red curbing, final inspection, post-construction activities for labor compliance documentation, contractor coordination with final progress payments, release of claims agreement, notice of completion, final retention payment and compiling close out documents.

FISCAL IMPACT
The total approved professional services agreement amount with Wallace Group is $208,905.00, including a 10% contingency. Additional funds in the amount of $8,877.75 are being requested for additional construction management services, mostly for post-construction activities. The amount of $8,877.75 exceeds the total authorized professional services agreement amount. After the Whitson Engineering's design amendment approval at the July 25th Special City Council meeting, there remains $22,900.00 in the Cutino Park account 348-8910-9570, enough to accommodate the requested amendment of $8,877.75 to Wallace Group's professional services agreement.

ATTACHMENTS

1. Resolution

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

________________________________________
Craig Malin, Interim City Manager
Packet Page 377
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH WALLACE GROUP FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE CUTINO PARK IMPROVEMENTS PART 2 PHASE 1 PROJECT FOR AN AMOUNT NOT TO EXCEED $8,877.75.

WHEREAS, Cutino Park Improvements Part 2 Phase 1 Project (Project) is an approved Capital Improvement Program Project identified in the approved FY 2024/2025 Budget; and
WHEREAS, the construction of Phase 1 began in April 2023 which consisted of a parking lot, lighting, playground, accessible pathways, storm water treatment, pathway lighting, accessible bleachers, benches and landscaping and irrigation improvements; and WHEREAS, the Project was scheduled to take 180 calendar days; and WHEREAS, due to several change orders for the additional concrete pathways and landscaping, grading improvements, and removal of unknown existing materials at the request of the City, significant scope and time were added to the overall Project; and WHEREAS, the construction time nearly doubled, requiring additional construction management services and daily inspections; and
WHEREAS, the cost outlined in the original professional services agreement with Wallace Group did not include the added scope and time for the construction management activities needed to complete the Project; and
WHEREAS, the approved professional services agreement amount for construction management services for the Project is $208,905.00 including a 10% contingency; and WHEREAS, Wallace is requesting an additional amount of $8,877.75 for additional construction management services mostly for post construction activities; and Meeting Date: 8/15/24
Item X.X
Packet Page 378
WHEREAS, after the Whitson Engineering’s design amendment approval at the July 25th Special City Council meeting, there remains $22,900.00 in the Cutino Park account 348-8910-9570, enough to accommodate the requested amendment of $8,877.75 to Wallace Group’s professional services agreement.

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 Wallace Group for additional construction management services for the Cutino Park Improvements Part 2 Phase 1 Project for an amount not to exceed $8,877.75.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the 15th day August, 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
Packet Page 379
CONTRACT AMENDMENT #2

PROFESSIONAL SERVICES
City of Seaside

Page 1 ends

Date: August 15, 2024 Change Requested by: City X Consultant Contract Date Project Name
02/02/2023 Construction Management Services for Cutino Park Imprvmnts Part 2 Phase 1 To (Consultant): The Wallace Group, 612 Clarion Court, San Luis Obispo, CA 93401 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, A1 and A2 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, A1 and A2.

MODIFY the following text in Section 22, “Contents of Request for Proposal and Proposal.” Consultant is bound by the contents of City's Request for Proposal, Exhibit "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, A1 and A2 attached hereto.

Original Contract
Amount
Previous CCO Total (Not
including this
Amendment)
This
Amendment
Total
Revised Contract
Amount
$189,914.00 $18,991.00 $8,877.75 $217,782.75
Original Contract
Time
Original Completion Date
Days To Date
(Including This
Amendment)
Revised Completion
Date
16 Months June, 30, 2024 12 Months June, 30, 2025
SUBMITTED BY:

Dan Meewis
Recreation Director
Signature Name and Title Date
CITY APPROVAL BY:

Craig Malin
Interim City Manager
Signature Name and Title Date

CONSULTANT
ACCEPTANCE BY:

Zachary Teske, PE C87350
Director of Construction Management
Signature Name and Title Date
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Mary Gutierrez, Fire Chief
DATE: August 15, 2024
SUBJECT: FIRE STATION 2 PROJECT DESIGN UPDATE AND ADOPT A

RESOLUTION CERTIFYING THE INITIAL STUDY-MITIGATED

NEGATIVE DECLARATION (IS-MND), APPROVING THE FIRE
STATION NUMBER 2 PROJECT AND ADOPTING THE

MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) FOR THE FIRE STATION NO. 2 PROJECT AND

AUTHORIZE FILING OF A NOTICE OF DETERMINATION

RECOMMENDATION
Open a public hearing to accept public comment on the Initial Study-Mitigated Negative Declaration (IS-MND) prepared for the Fire Station No. 2 Project; certify the IS-MND, approve the Responses to Comments on the Draft IS-MND, approve the Project, adopt the Mitigation, Monitoring and Reporting Program under the California Environmental Quality Act (CEQA); and authorize filing of a Notice of Determination with the Monterey County Clerk and the State Clearinghouse.

BACKGROUND
The City Council received the Fire Station 2 Location Study on September 16, 2021, and directed staff to proceed with design of a new fire station at the corner of Gigling Road and 1st Avenue. On November 3, 2022, the Council approved a Professional Services Agreement with RRM Design group for the design of Fire Station No. 2. On March 2, 2023, the Council approved a Professional Services Agreement with Rincon Consultants for preparation of a CEQA Initial Study-Mitigated Negative Declaration for the Project.

The Draft IS-MND was circulated for public review and comment from March 21, 2024 to April 22, 2024.

PROJECT DESCRIPTION
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Item No. 9.A. Page 2 of 3
The project would involve the construction and operation of Fire Station No. 2, featuring a 13,010-square foot fire station facility and a 54,106-square foot training area. The fire station would include office, living, and general operations rooms and a 3,048-square foot covered apparatus bay with drive-through access for two bays.

Training areas would consist of a 54,106-square foot area, and would potentially include a future planned 3 to 4-story training tower. In addition to the training area, site improvements would include a 2,300-square foot fire apparatus metal preengineered storage building, community and staff parking areas, internal driveways, sidewalks along the site frontage and throughout the site, patios, stormwater control, and landscaping. The project would involve the subdivision of a parcel for the fire station and zoning as Public/Institutional. Construction would occur over approximately 13 months. Once operational, the fire station would house up to eight full-time firefighters and provide training facilities for both in-house and countywide activities.

ENVIRONMENTAL COMPLIANCE
Pursuant to CEQA Statute 21065, any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is directly undertaken by a public agency is defined as a project and shall follow CEQA requirements as outlined in Title 14, California Code of Regulations, Chapter 3, CEQA Guidelines. The Fire Station No. 2 Project meets the definition of a project.

Rincon Consultants, Inc. prepared an IS-MND (Attachment 3) for the project. The ISMND was circulated for a 32-day public review period from March 21, 2024 to April 22, 2024. It was submitted to the State Clearinghouse and distributed to State agencies, including the following:
• California Air Resources Board
• California Emergency Management
Agency
• California Department of
Transportation
• California Department of Conservation
• California Department of Fish and
Wildlife
• California Department of Forestry and
Fire Protection
• Native American Heritage Commission
• California Department of Parks and
Recreation
• Regional Water Quality Control Board
• California Department of Toxic
Substances Control
Two comments were received on the Draft IS-MND. Responses to Comments on the Draft IS-MND (Attachment 4) were prepared and one section of the IS-MND was revised; this revision does not include substantially new information or identify new impacts or mitigation measures; therefore, recirculation of the Draft IS-MND is not warranted. Based upon the IS-MND and comments received, a MMRP (Attachment 2) has been developed for the project.

NEXT STEPS
Upon adopting the IS-MND, Responses to Comments on the Draft IS-MND, and MMRP, Packet Page 382

Item No. 9.A. Page 3 of 3
and approving the project, the City will file a Notice of Determination with the Monterey County Clerk’s office. The project shall implement the measures outlined in the MMRP.

FISCAL IMPACT
None. Design and CEQA services were funded and encumbered under the FY 22/23 Capital Improvements Budget.

ATTACHMENTS

1. Fire Station 2 Design and Development Update Presentation

2. Resolution

3. Mitigation Monitoring and Reporting Program

4. Initial Study - Mitigated Negative Declaration

5. Responses to Comments on the Draft IS-MND
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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Fire Station 2
Project Update
Presented by:

Seaside Fire Chief Mary Gutierrez
Kathryn Hicks and Mike Scott, RRM
August 15, 2024 – City Council Meeting Item 7.B
Packet Page 384
2 Original
Site Plan
FIRE

STATION FRONT

APPARATUS
APRON

COMMUNITY

PATIO AND
ROOM

APPARATUS

STORAGE BLDG

TRAINING
AREA
FUTURE

TRAINING

TOWER COMMUNITY

PARKING

REAR APPARATUS
APRON

SECURITY
GATE

SECURITY FENCE

FIRE FIGHTER

PARKING

SECURITY
GATE
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3 Revised
Site Plan
FIRE

STATION FRONT

APPARATUS
APRON
FUTURE

BUILDING
AREA
FUTURE

TRAINING

AREA FUTURE

PARKING

REAR APPARATUS
APRON

SECURITY
GATE

FIRE FIGHTER

PARKING

SECURITY
GATE

APPARATUS

STORAGE BLDG
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4 Original
Floor
Plan
Packet Page 387
5 Revised
Floor
Plan
FUTURE

COMMUNITY
ROOM
FUTURE

OFFICES
FUTURE
DORMS
Packet Page 388

ORIGINAL DESIGN
6 Packet Page 389
7 REVISED DESIGN
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8 SHEDULE
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Meeting Date: 8/15/24
Item #: X.X.

RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

CERTIFYING THE INITIAL STUDY-MITIGATED NEGATIVE DECLARATION (IS-MND), APPROVING THE FIRE STATION NUMBER 2 PROJECT AND

ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE FIRE STATION NUMBER 2 PROJECT
WHEREAS, the City of Seaside proposes to construct Fire Station No. 2 (the project); and
WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) (“CEQA”) and Section 15367 of the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.), the City is the lead agency for the proposed project; and WHEREAS, CEQA and the CEQA Guidelines require a lead agency to prepare a Mitigated Negative Declaration for projects that could have a significant impact on the environment without mitigation; and
WHEREAS, a Notice of Intent (“NOI”) to adopt a Mitigated Negative Declaration for the project was issued by the City of Seaside on March 21, 2024; and WHEREAS, an Initial Study and Mitigated Negative Declaration (“IS-MND”) was prepared and issued for agency and public review and comment on March 21, 2024, for a 32-day review period that ended on April 22, 2024; and WHEREAS, the IS-MND considered the potential environmental impact of the project, including specific impacts to air quality, biological resources, cultural resources, geology and soils, noise, and tribal cultural resources; and WHEREAS, the IS-MND outlined various mitigation measures and conditions of approval that render the project’s effects on the environment less than significant, which are proposed as part of the Project and through implementation of the Mitigation Monitoring and Reporting Program (“MMRP”); and WHEREAS, during the public review period, the City received two (2) comment letters on the IS_MND from public agencies and individuals and prepared Responses to Comments on the Draft IS-MND; and
WHEREAS, Responses to Comments on the Draft IS-MND, including all comments received during the public review period was prepared following the close of the public review period; and
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WHEREAS, the Responses to Comments on the Draft IS-MND included minor revisions but no changes to significance findings of any impact determinations to environmental resources, and did not result in the addition of mitigation to offset project impacts on the environment; and
WHEREAS, Exhibit “A” to this Resolution is the MMRP prepared in order to comply with Public Resources Code Section 21081.6, Subdivision (a); and WHEREAS, the City Council recognizes the City’s obligation, pursuant to Public Resources Code Section 21081.6, Subdivision (a), to ensure the implementation of all conditions of approval necessary to substantially lessen or avoid the significant effects of the project; and
WHEREAS, the IS-MND has been completed in compliance with CEQA, Public Resources Code Section 21000 et seq, the Guidelines for Implementation of CEQA (Title 14 California Code of Regulations Section 15000 et seq.) and local procedures adopted pursuant thereto; and
WHEREAS, the City Council has reviewed and considered the IS-MND; Responses to Comments on the Draft IS-MND; and MMRP at a duly noticed public hearing on August 15, 2024 and intends to take actions on the project in compliance with CEQA and the State of California Guidelines for the implementation of CEQA and the next step would be for City Council to adopt the Mitigated Negative Declaration; and
WHEREAS, the Draft IS-MND, Responses to Comments on the Draft IS-MND, and MMRP are, by this reference, incorporated into this Resolution as fully set forth herein.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby find and determine as follows:

SECTION 1. RECITALS. The City Council finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

As a decision-making body for the Fire Station No. 2 project, the City Council has reviewed and considered the information contained in the IS-MND, Responses to Comments on the Draft ISMND, the MMRP, and other documents contained in the administrative record for the project.

Based on the City Council’s independent review and analysis, the City Council finds that the ISMND and administrative record contain a complete and accurate reporting of the environmental impacts associated with the project, and that the IS-MND has been completed in compliance with CEQA and the CEQA Guidelines, including CEQA Guidelines Sections 15070, 15071, and 15073.

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SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the IS-MND, Responses to Comments on the Draft IS-MND, MMRP, the administrative record, and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the project are either less than significant or can be mitigated to a level of less than significant under the mitigation measures outlined in the IS-MND and the MMRP. The City Council finds that, based on the imposition of conditions of approval and mitigation measures, there is no substantial evidence in the administrative record supporting a fair argument that the project may have a significant effect on the environment. The City Council finds that no new significant environmental impacts have been identified in the IS-MND and any changes to the IS-MND in the Responses to Comments or otherwise do not constitute substantial revisions requiring recirculation under CEQA Guidelines section 15073.5.

SECTION 4. ADOPTION OF THE FINAL MITIGATED NEGATIVE DECLARATION. The City Council hereby approves the IS-MND, Responses to Comments on the IS-MND, and the MMRP for the Fire Station No. 2 Project and authorizes filing a Notice of Determination with the Office of the Monterey County Clerk and the State Clearinghouse.

BE IT FURTHER RESOLVED THAT the City Council of the City of Seaside does hereby approves the Project and directs the City Manager to complete the associated project development activities, including but not limited to preparation of final plans and specifications and coordination of construction funding.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 15th day of August, 2024, by the following vote:

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______________________________
Sheri L. Damon, City Attorney
Packet Page 395
August 25, 2024
City Council Regular Meeting
Item 9A
Attachment 3 – Mitigation Monitoring
and Reporting Program
Packet Page 396
August 25, 2024
City Council Regular Meeting
Item 9A
Attachment 4 – Initial Study – Mitigated
Negative Declaration
Packet Page 397
Fire Station No.2 Project
Responses to Comments on the Draft IS-MND
prepared by
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
prepared with the assistance of
Rincon Consultants, Inc.
80 Garden Court, Suite 240
Monterey, California 93940
May 2024
Packet Page 398
Responses to Comments on the Draft IS-MND
Responses to Comments on the Draft IS-MND 1
Responses to Comments on the Draft IS-MND
This section includes comments received during the circulation of the Draft Initial Study – Mitigated Negative Declaration (IS-MND) prepared for the City of Seaside’s (City) Fire Station No. 2 Project (project).

The Draft IS-MND was circulated for a 32-day public review period that began on March 21, 2024 and ended on April 22, 2024. Two comment letters were received from the Monterey Bay Air Resources District and the California Department of Toxic Substances Control, which precede the written responses below.

The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response 1.1, for example, indicates that the response is for the first issue raised in comment Letter 1). Where a comment results in a change to the text of the Draft IS-MND, a notation is made in the response indicating that the text is revised. Changes in text are signified by strikeouts (strikeouts) where text is removed and by underlined font (underlined font) where text is added. Textual revisions amplify, correct, supplement, or clarify information in the Draft IS-MND; these revisions do not substantively affect the level of impact nor the conclusions presented. Therefore, pursuant to CEQA Guidelines Section 15073.5(c), recirculation of the Draft ISMND is not warranted.

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Serving Monterey, San Benito, and Santa Cruz Counties 24580 Silver Cloud Court Monterey, CA 93940
PHONE: (831) 647-9411 • FAX: (831) 647-8501
Richard A. Stedman, Air Pollution Control Officer
March 18, 2024
Nisha Patel
Public Works Director
City of Seaside
440 Harcourt Ave.

Seaside, CA 93955
Re: Initial Study- Mitigated Negative Declaration Fire Station No. 2 Dear Ms. Patel,
Thank you for providing the Monterey Bay Air Resources District (MBARD) with the opportunity to comment on the Initial Study- Mitigated Negative Declaration Fire Station No. 2. MBARD has reviewed the Initial Study and has the following comment:

Asbestos Cement Pipe (ACP) and other sub-surface asbestos infrastructure MBARD has prior experience with abatement of asbestos cement pipe (ACP) and other asbestos utility infrastructure components at various former Fort Ord buildings on undeveloped/vacant land and other structures within the City of Seaside. Proper procedures must be taken when encountering any active or abandoned ACP or other asbestos-containing subsurface infrastructure. Grading and trenching activities in particular can disturb ACPs and release fibrous material, exposing sensitive receptors. If ACP or other subsurface asbestos material are encountered, please follow proper procedures including notification, removal, and disposal of regulated asbestos containing materials per MBARD Rule 424.

MBARD appreciatesthe opportunity to comment on the Initial Study- Mitigated Negative Declaration Fire Station No. 2. Please let me know if you have any questions. I may be reached at (831) 718-8030 or [email protected].

Regards,
Edward Ballaron
Air Quality Planner I
cc: Richard A. Stedman, Air Pollution Control Officer
David Frisbey, Planning and Air Monitoring Manager
Shawn Boyle, Planning and Air Monitoring Supervisor

1.1 Letter 1
2 Packet Page 400
Responses to Comments on the Draft IS-MND
Responses to Comments on the Draft IS-MND 3
Letter 1
COMMENTER: Edward Ballaron, Air Quality Planner I, Monterey Bay Air Resources District (MBARD)
DATE: March 18, 2024
Response 1.1
The commenter expresses gratitude for the opportunity to review the IS-MND. The commenter recommends proper procedures for notification, removal, and disposal to be taken when encountering Asbestos Cement Pipe (ACP) and other sub-surface asbestos infrastructure. The commenter refers to MBARD Rule 424 for proper procedures.

Potential impacts related to hazards and hazardous materials, including asbestos, are discussed in Section 9, Hazards and Hazardous Materials, of the IS-MND. As discussed therein on page 61, the Army is required to remediate and safely dispose of hazardous materials on site as part of the Superfund cleanup process. Although the former Fort Ord base is a listed Superfund site, concentrations of contaminants in the project site vicinity would not exceed State regulatory limits after this remediation process because the title of these military properties may not be transferred until the toxic or hazardous situation is remedied, or the remediation process is in place and operating correctly. If ACP or other asbestos utility infrastructure components are encountered during project construction activities, the City would follow proper procedures pursuant to MBARD Rule 424.

The following addition has been made on page 60 of Section 9, Hazards and Hazardous Materials, of the Draft IS-MND as part of the criteria a and b discussion:

Project construction would require the excavation and transport of soils and sub-surface infrastructure that could contain asbestos, contaminated groundwater, or other hazardous materials that could create a hazard to the public or the environment. There is the possibility that on-site soils could be contaminated from off-site hazardous materials spills that are either listed or un-listed on hazardous materials databases. All such soils removed during construction would be transported and disposed of in accordance with applicable codes and regulations to minimize potential hazards to construction workers and the surrounding community.

Additionally, asbestos cement pipe and other sub-surface asbestos infrastructure could be located in the project site. If asbestos cement pipe or other asbestos utility infrastructure components are encountered during project construction activities, the City would follow proper procedures pursuant to MBARD Rule 424.

The information added above clarifies the impact discussion provided in the Draft IS-MND by adding details related to asbestos, contaminated groundwater, or other hazardous materials. This addition does not introduce a new significant impact that was not previously analyzed. Pursuant to CEQA Guidelines Section 15073.5(c), this addition does not warrant recirculation.

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Printed on Recycled Paper

SENT VIA ELECTRONIC MAIL
April 17, 2024
Nisha Patel
Public Works Director
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
[email protected]
RE: INITIAL STUDY (IS) MITIGATED NEGATIVE DECLARATION (MND) FOR THE SEASIDE FIRE STATION NO. 2 PROJECT IS-MND (PROJECT), DATED MARCH 21 2024 STATE CLEARINGHOUSE NUMBER 2024030799
Dear Nisha Patel:

As a Responsible Agency, the Department of Toxic Substances Control (DTSC) received a MND for the project. The project would involve the construction and operation of Fire Station No. 2, featuring a 13,010-square foot fire station facility and a 54,106-square foot training area. The fire station would include office, living, and general operations rooms and a 3,048-square foot covered apparatus bay with drive through access for two bays. Training areas would consist of a 54,106-square foot area and would potentially include a future planned 3 to 4-story training tower. In addition to the training area, site improvements would include a 2,300-square foot fire apparatus metal pre-engineered storage building, community and staff parking areas, internal driveways, sidewalks along the site frontage and throughout the site, patios, stormwater control, and landscaping. The project would involve subdivision of a parcel for the fire station and zoning as Public/Institutional. Construction would occur over approximately 13 months. Once operational, the fire station would house up to eight full-time Letter 2

2.1 4
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Nisha Patel
April 17, 2024

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firefighters and provide training facilities for both in-house and countywide activities.

After review of the MND, DTSC has the following comments for consideration:

1. DTSC recommends that all imported soil and fill material should be tested to ensure any contaminants of concern are within DTSC’s and U.S.

Environmental Protection Agency (USEPA) Regional Screen Levels (RSLs) for the intended land use. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material meets screening levels outlined in the PEA for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of the prior land use.

Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

2. . Section 9, Hazards and Hazardous Materials, subsection d. states: “In addition, lists of hazardous materials compiled pursuant to Government Code Section 65962.5 such as the State Water Resource Control Board’s GeoTracker database and the Department of Toxic Substance Control’s EnviroStor database do not show additional active cleanup sites on or near the project site (DTSC 2023; SWRCB 2023).” Not all sites impacted by hazardous waste or hazardous substances will be found on the Cortese List.

For example, sites under voluntary agreements with DTSC are not included in the Cortese List. DTSC recommends that the Hazards and Hazardous Materials section be revised to rectify this omission. There is an active cleanup site, Campus Towne-Phase 1A which is located approximately 1,056 feet from the project site The Site is approximately 22.5 acres in size and is bordered by Lightfighter Drive to the north, General Jim Moore Boulevard to the east, commercial developments to the south, and 1st Avenue to the West.

The Site and the surrounding land were formerly used by the United States Army as a training and staging facility for infantry troops and as a basic training center. Fort Ord was formally closed in 1994, and since that time

2.1 (cont.)

2.2 2.3
5 Packet Page 403
Nisha Patel
April 17, 2024

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parcels of land have been released by the Army to the City of Seaside, including the proposed Site. Previous investigation identified the presence of metals and pesticides at the Site. The adjoining sites consist of a mix of vacant land and commercial use with California State University Monterey Bay to the north across Lightfighter Drive

3. As of the time of this request, DTSC has not completed its review of the Preliminary Endangerment Assessment Report (PEA Report) for the Campus Town Phase 1A project. Potential impacts to the project from the Campus Town Phase 1A project are thus unknown at this time.

4. The Phase I Environmental Site Assessment (ESA) for the site was prepared by Kimley Horn on May 13, 2023. The Phase I was not reviewed by a qualified regulatory agency. The project proponent should work under a regulatory oversight agreement with a State of California environmental regulatory agency such as DTSC, a Regional Water Quality Control Board (RWQCB), or a local agency that meets the requirements of Health and Safety Code section 101480 to provide regulatory concurrence that Phase I ESA was conducted in accordance with industry standards.

DTSC believes the City of Seaside must address these comments to determine if any significant impacts under the California Environmental Quality Act (CEQA) will occur and, if necessary, avoid significant impacts under CEQA. DTSC appreciates the opportunity to comment on the project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like any clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

2.3 (cont.)

2.4 2.5

2.6 6
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Nisha Patel
April 17, 2024

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Sincerely,
Tamara Purvis
Associate Environmental Planner
CEQA Unit-Permitting – HWMP
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Planning and Research
State Clearinghouse
[email protected]
Jennifer Iloff
Project Manager-Environmental Scientist
SMRP –SSFL
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
CEQA Unit-Permitting/HWMP
Department of Toxic Substances Control
[email protected]
Dave Kereazis
Associate Environmental Planner
CEQA Unit-Permitting/HWMP
Department of Toxic Substances Control
[email protected]
7 Packet Page 405
City of Seaside
Fire Station No.2 Project
8 Letter 2
COMMENTER: Tamara Purvis, Associate Environmental Planner, California Department of Toxic Substances Control (DTSC)
DATE: April 17, 2024
Response 2.1
The commenter notes their responsibility as a Responsible Agency and provides a summary of the project description.

This comment is noted, and the project summary provided is accurate. No revisions to the Draft ISMND are required in response to this comment.

Response 2.2
The commenter recommends testing all imported soil and fill material prior to use on the project site, to demonstrate no exceedance of DTSC’s and US Environmental Protection Agency’s Regional Screening Levels.

The project would comply with applicable federal, state, and local regulations pertaining to contaminant levels in imported soils, including the Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA), which include specific land use and land disposal requirements of soils contaminated with RCRA hazardous wastes. The Regional Screening Levels referenced by the commenter are intended for use on Superfund sites as specific cleanup goals, and are not typically used for testing of imported fill.1 No revisions to the Draft IS-MND are required in response to this comment.

Response 2.3
The commenter refers to checklist item (d) of Section 9, Hazards and Hazardous Materials, of the Draft IS-MND and indicates that not all sites impacted by hazardous waste or hazardous substances will be found on the Cortese list. The commenter describes an active cleanup site (Campus TownPhase 1A) located in the vicinity of the project site.

The Draft IS-MND evaluates the potential for impacts to resource areas based on the specific checklist questions provided in Appendix G of the CEQA Guidelines. The commenter refers to checklist item (d) of the Hazards and Hazardous Materials section of the IS-MND, which is the threshold language from item (d) of Section IX, Hazards and Hazardous Materials, of Appendix G of the CEQA Guidelines. As written, item (d) asks:
“Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?”
1 USEPA. 2023. Regional Screening Levels (RSLs) – Frequent Questions. November 2023. https://www.epa.gov/risk/regional-screeninglevels-rsls-frequent-questions (accessed May 2024).

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Responses to Comments on the Draft IS-MND
Responses to Comments on the Draft IS-MND 9
This checklist item specifically inquires if the project would be located on site that is included on a list of hazardous sites compiled pursuant to Government Code Section 65962.5, which is referred to as the Cortese list. As such, the City of Seaside is not required to consider hazardous materials sites that the proposed project would not be located on, nor hazardous materials sites that are not included on a list compiled pursuant to Government Code Section 65962.5.

Based on the boundaries of the Campus Town-Phase 1A site provided by the commenter, this active cleanup site is located more than 1,000 feet from the project site. It is unlikely that the proposed project would result in a significant hazard to the public or the environment involving the release of hazardous materials associated with the Campus Town-Phase 1A site.

However, the hazardous materials site mentioned by the commenter may be applicable to the discussion provided under items (a) and (b) of the initial study checklist. Therefore, in the interest of full public disclosure, the following revisions on page 60 of Section 9, Hazards and Hazardous Materials, of Draft IS-MND were made in response to this comment, as well as Response 1.1, above. a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Project construction would require the use of heavy equipment and machinery, such as trucks and pavers, the operation of which could result in a spill or accidental release of hazardous materials, including fuels, engine oil, engine coolant, and lubricants. The transport, storage, labeling, use and disposal of any hazardous materials would be subject to federal, state, and local regulations, which would minimize risks associated with hazardous materials used during construction. Therefore, the potential to create a significant hazard to the public or environment from the use of fuels, engine oil, engine coolant, and lubricants during construction would be less than significant. Additionally, the NPDES permit requirements would ensure that impacts related to hazardous materials from spills would be reduced through the Construction General Permit Best Management Practices (BMP), including use of straw wattles and other features.

Project construction would require the excavation and transport of soils and sub-surface infrastructure that could contain asbestos, contaminated groundwater, or other hazardous materials that could create a hazard to the public or the environment. Additionally, there is the possibility that on-site soils could be contaminated from off-site hazardous materials spills that are either listed or un-listed on hazardous materials databases. Construction could disturb previously unidentified contaminated soils, creating a hazard to the public or the environment.

All such soils removed during construction would be transported and disposed of in accordance with applicable codes and regulations to minimize potential hazards to construction workers and the surrounding community. Additionally, asbestos cement pipe and other sub-surface asbestos infrastructure could be located in the project site. If asbestos cement pipe or other asbestos utility infrastructure components are encountered during project construction activities, the City would follow proper procedures pursuant to MBARD Rule 424.

The information added above clarifies the impact discussion provided in the Draft IS-MND by adding details related to potential existing contamination of on-site soils, which could be present from nearby hazardous materials sites such as the Campus Town-Phase 1A site described by the Packet Page 407
City of Seaside
Fire Station No.2 Project
10 commenter. This addition does not introduce a new significant impact that was not previously analyzed. Pursuant to CEQA Guidelines Section 15073.5(c), this addition does not warrant recirculation.

Response 2.4
The commenter states that DTSC has not completed its review of the Preliminary Endangerment Assessment Report prepared for the Campus Town-Phase 1A site, and that potential impacts from the Campus Town-Phase 1A on the proposed project are unknown at this time.

Refer to Response 2.3. While it is acknowledged that the project site is located within the proximity of the Campus Town-Phase 1A site, there is no indication from either the Phase I Environmental Site Assessment (ESA) or from DTSC that the project site itself is subject to any contamination.

Additionally, Rincon has reviewed the Preliminary Endangerment Assessment Report prepared for the Campus Town-Phase 1A site. The conclusions and recommendations made therein indicate the chemicals detected in soils at the Campus Town-Phase 1A site do not pose an additional incremental health risk beyond what would likely exist from background conditions. Accordingly, it is unlikely that the Campus Town-Phase 1A site has resulted in contamination of the project site. The timing of DTSC’s review of an off-site hazardous materials site such as the Campus Town-Phase 1A site does not warrant a delay in the preparation of the IS-MND for the proposed project. As a result, no remediation activities subject to Health and Safe Code section 101480 are warranted and regulatory oversight is not required at this time.

However, as further described in Response 2.3, the IS-MND has been revised to disclose the potential for off-site hazardous materials sites, such as the Campus Town-Phase 1A site, to result in previously unknown contamination of project site soils. This provides the conservative assumption that contamination on the Campus Town-Phase 1A site has affected soils on the project site. As discussed therein, if contaminated soils are encountered during project construction, soils would be transported and disposed of in accordance with applicable codes and regulations to minimize potential hazards to construction workers and the surrounding community. As such, impacts would remain less than significant and further revision (beyond those shown in Responses 1.1 and 2.3) to the IS-MND are not required.

Response 2.5
The commenter suggests that a qualified regulatory agency, such as the DTSC, RWQCB, or other qualified local agency that meets the requirements of Health and Safety Code section 101480, should provide regulatory concurrence that Phase I ESA prepared for the project (Appendix G of the Draft IS-MND) was conducted in accordance with industry standards.

Health and Safety Code Section 101480 authorizes a responsible party, as defined, to request that a local officer supervise remedial action if a release of waste occurs and remedial action is required.

As stated in Section 9, Hazards and Hazardous Materials, of the Initial Study, no items of potential environmental concern were identified at the project site; therefore, the City is not required to request DTSC oversight of the project.

The Phase I ESA conducted for the project (included as Appendix G of the Draft IS-MND) was prepared by Kimley-Horn. Rincon Consultants peer-reviewed the Phase I ESA, which was then revised by Kimley-Horn and deemed adequate by the City for use in the IS-MND. Staff who prepared, peer-reviewed, and revised the Phase I ESA are Environmental Professionals as defined by Title 40, Section 312.10 of the Code of Federal Regulations, and conform with the standards and Packet Page 408
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practices set forth therein. Additionally, there is no indication from either the Phase I ESA or from DTSC that the project site itself is subject to known or documented contamination. As a result, no remediation activities subject to Health and Safe Code section 101480 are warranted and regulatory oversight is not required.

Therefore, the Phase I ESA was prepared in accordance with industry standards, and oversight of a qualified regulatory agency or remedial action would not be required at this time. No revisions to the IS-MND are required in response to this comment.

Response 2.6
The commenter states their belief that the City of Seaside must address the above comments to determine if significant impacts would occur under CEQA. The commenter concludes their letter and provides contact information.

This comment is noted, and responses to comments presented in the letter are provided above.

Minor revisions to the Draft IS-MND have been made, which clarify and amplify the existing analysis in the IS-MND; however, no new impacts or substantial changes were made that would require recirculation of the document.

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City of Seaside
Fire Station No.2 Project
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: August 15, 2024
SUBJECT: APPROVE THE SEASIDE STARS AD-HOC COMMITTEE

RECOMMENDATIONS FOR THE FIVE RECIPIENTS AND,

AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACTS

WITH FMG CUSTOM CONCRETE

RECOMMENDATION
Review and approve the Seaside Stars Ad-Hoc Committee recommendations for the 2024 recipients of the stars, and staff recommendations for design, installation, and authorize the City Manager to execute the contracts with FMG Custom Concrete.

BACKGROUND
The Seaside Stars policy was approved by the City Council on February 3, 2022. The “Seaside Stars” provides a unique attraction that enhances and encourages a walkable downtown. Each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community.The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life, and who have, indeed, cast a long shadow on Seaside's history.

The primary purpose of the ad hoc committee is to review and score the nominee applications and make recommendations to the City Council on which nominee should receive a star each year. The committee also reviews the Seaside Stars Policy, location map for new stars, and recommends changes as necessary.

Timeline of Committee Work:

May 17, 2024: Held introductory meeting for the second cycle and received a report detailing the number of nominees and reviewed if any of the current committee Packet Page 411

Item No. 10.A. Page 2 of 3
members had any conflicts of interest with the current nominees. It was determined that there were multiple conflicts, and those committee members needed to recuse themselves from the process.

June 3, 2024: Staff gave an update on the program, reviewed the nominees, and then discussed the application review process. The Committee members received the policy and the applications to review and score.

June 18th, 2024: The Committee reviewed and discussed the 14 applications and submitted their scores, and the blind averages were set.

July 8, 2023: They received the scores for the ranked applications and had a discussion and received a report on the final ranking of all the nominations and approved the top 5 candidates listed to be forwarded to the Council for approval. They also reviewed the potential locations for the 5 stars.

July 15, 2024: The Committee called one final meeting to review the top 5 candidates and make final recommendations.

Plans for phase two Unveiling:

Staff is proposing a block party with a Seaside Stars induction ceremony with an invitation to the community to mingle and walk to see our newly installed Seaside Stars.

The date for the event is to be determined as it will depend on the ability of the contractor to obtain all of the supplies needed for the installation. The estimated timeline is six to eight weeks from the time the order is made with the elements for each star. The anticipated date for the installation is Saturday, October 26, 2024. This is also dependent on the weather.

Installation
FMG Custom Concrete, who created the stars for the first and second phases of the program, has submitted an estimate for phase three.

The Adhoc Committee and staff are requesting the following recommendations to council for approval:
5 nominee recommendations
Installation locations (attached)
Execute the contract with FMG Custom Concrete

FISCAL IMPACT
The Council approved $45,00 in fiscal year 24/25 for phase two of the program. 1 14"x14" Plaque = $6,122.00
5 plaques = $30,610.00
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Item No. 10.A. Page 3 of 3
Balance = $14,390
The balance will be used for the unveiling event.

ATTACHMENTS

1. Resolution 2024

2. Stars Locations year 3

3. FMG CONCRETE DRAFT PSA 2024

4. Final List 2024

5. Ewalker James Application

6. Bakewell Company Application

7. Bobby Maxwell Application

8. Lee Toler Application_

9. Rev HH Lusk Application
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE SEASIDE STAR ADHOC COMMITTEE AND STAFF

RECOMMENDATIONS FOR IMPLEMENTATION, DESIGN, INSTALLATION AND POLICY
WHEREAS, The Seaside Stars policy was approved by the City Council on February 3, 2022. The “Seaside Stars” will provide a unique attraction that enhances and encourages a walkable downtown; and
WHEREAS, each star (aka plaque) will honor local Seaside residents and serve as a living historical record of our achievements as a community; and WHEREAS, The ultimate goal is to honor those individuals who have made a significant and lasting contribution to the quality of life – who have, indeed, cast a long shadow on Seaside's history; and
WHEREAS, The purpose of the ad hoc committee is to make recommendations on the design of the plaque and to assist staff regarding placement recommendations on Broadway for the each cycle of the program; and
WHEREAS, the ad hoc committee is recommending the following community members to receive a plaque on the Broadway Avenue for the second cycle:
• Ewalker James Community and Social Equality
• Rev Dr. Herbert Hoover Lusk Sr. Community and Social Equality • Lee Toler Community and Social Equality
• Bobby Maxwell Community and Social Equality
• Bakewell Company Outstanding Achievement
WHEREAS, the Seaside Stars unveiling will be held on a Saturday once the plaques have been fully installed which will be a wonderful opportunity to activate our downtown. Staff is proposing a block party with a Seaside Star induction ceremony with an invitation to the community to see our new star recipients; and WHEREAS, FMG Custom Concrete has installed the previous phases of the Seaside Stars project. One 14"x14" plaque is $6122.00, five plaques will be $30,610.00; and
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seaside do hereby direct the City of Seaside City Manager to accept and execute on behalf of the City Council, the Seaside Star ad-hoc committee and staff recommendations for implementation, and installation.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 15th day of August 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique Davis, City Clerk
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SEASIDE STARS
Rev. 2/19 Page 1 COS PSA- Short Form

CITY OF SEASIDE

PROFESSIONAL SERVICES AGREEMENT
SEASIDE STARS+ PLAQUE INSTALLATION
This agreement is made by and between the City of Seaside (City), and FMG Custom Concrete (Consultant).

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

C. Compensation: The City shall pay consultant on a time and materials basis in accordance with the standard billing rates shown in Exhibit B, attached hereto, not to exceed THIRTY THOUSAND SIX HUNDRED TEN DOLLARS ($30,610.00) D. Expense Reimbursement: City will reimburse for professional services and expenses at cost upon submission of receipts. FMG can invoice for a down payment of 10% (of the project), which will to go towards the overall cost of installation services.

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

F. Term: The term of this agreement shall commence on August 15, 2024 and terminate March 31, 2025.

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

H. Indemnity: To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole Packet Page 417

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or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence.

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

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

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

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage Packet Page 418

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

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

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

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

L. Ownership of Work Product:
a. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. b. The City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

M. Assignment
a. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, FMG Custom Concrete, American Metal works and Monterey Signs shall perform the services described in this Agreement. b. FMG Custom Concrete may use assistants under his/her supervision to perform services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of American Metal works and Monterey Signs from Consultant's employ. Should he/she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

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

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

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

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

Approved:

Dated: ____________________ CONSULTANT
___________________________________
By: Fermin Gonzales
Title: CEO FMG Custom Concrete
Address: ____________________________
____________________________________
Dated: _____________, 2022 City of Seaside:
_______________________
By: Jaime Fontes
Title: City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Consultant’s Estimate of Services
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Exhibit A
Scope of Work

1. Creation and installation of concrete “star” plaques on Broadway Avenue between Fremont and Del Monte.

2. Stars will be installed at the intersections of Broadway and Calaveras, Alhambra and Hillsdale.

3. Five new stars will be installed

4. FMG will work with City Staff on the exact placement locations before installation.

5. When installing the plaques
a. The contractor will match the existing saw cut lines. If the contractor cuts past the square for the walk of fame star, they will need to notify the City and patch the area as needed.
b. If the rebar is cut during the installation, the contractor will tie rebar back into the existing.
c. If the cut rebar is epoxy coated, contractor must apply epoxy to cut ends before the rebar is tied in the existing.

Map of installation
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Exhibit B
Consultant’s Estimate of Services
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Seaside Stars Recommendations to Council
Nominee Category
E. Walker James Community & Social Equity
Rev Dr. Herbert Hoover Lusk Sr. Community & Social Equity Lee Toler Community & Social Equity
Bobby Maxwell Community & Social Equity
Bakewell Company Outstanding Achivement
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Craig Malin, Interim City Manager
BY: Dan Meewis, Recreation Director
DATE: August 15, 2024
SUBJECT: RECEIVE UPDATE ON THE CITY OF SEASIDE CAR WEEK EVENTS

RECOMMENDATION
Receive report and provide further direction to staff as necessary.

BACKGROUND
Every year in August, Monterey County hosts multiple car shows in what is commonly referred to as "Monterey Car week". This year the festivities begin on Friday August 9, 2024, and will conclude on Sunday August, 18, 2024, with the Pebble Beach Concours d'Elegance. During the week, the City of Seaide will play host to four car shows. • Monday, August 12, 2024 - The Porsche Monterey Classic - This event took place on Del Monte Avenue from 4pm - 8pm, and featured over three hundred Porsche sports cars, from classics to newer models. There was also a variety of live performances, and food and drink offerings by Monterey Peninsula businesses.
• Saturday, August 17, 2024 - Concours d'LeMons - The event will be held on the lawn at City Hall from 8:00am - 1:00pm, and will feature some of the worst Hoopties, Rust Buckets, Misfits, and Mistakes of the auto world. There will be celebrity judges who will be winning the coveted thrift shop trophies. This show is free to the public.
• Saturday, August 17, 2024 - Concorso Italiano - This event will be held at Bayonet & Black Horse Golf Course from 9:30am - 4:00pm, and will feature more than 800 vehicles of Italian origin, and its atmosphere is on the vehicles on display, conversation between people who love and appreciate them, and elements of Italian style such as fashion, food, music and art. Tickets for this Packet Page 463

Item No. 10.B. Page 2 of 3
event are required.
• Saturday, August 17, 2024 - Exotics on Broadway - This event will be held on Broadway and Fremont Avenues from 1pm-6pm, and will feature over 125 rare and exotic cars from all around the world. This event is free to the public, and parking for the event will be on Eucalyptus road with a free shuttle to the event.

Staff worked with Voler Strategic Advisors in the development and implementation of a traffic advisory plan that was disseminated to the public on a variety of different platforms. With the thee high profile events that are taking place on Saturday, August 17th, it is important that the community is aware of the increased traffic throughout the City.

At the conclusion of last year's car week, staff presented an after-action report to the City Council that went over the specifics of each event and went through some of the successes and challenges so we could plan accordingly for this year's events. Based on the feedback from last year, this is what the City is doing to prepare for this year:

Porsche Monterey Classic:

From 2023 - Del Monte was not closed with enough time to prepare for the event. Staff have been in contact with the organizers, and the road will be closed at 12:30pm to ensure there is enough time to set up for the festivities.

Concors d'LeMon:

From 2023 - The event was only from 8am–11am and became overcrowded at times.

Overall, the event was a success, and they are expecting a similar crowd. For this year, the event hours have been extended to 8am–1pm, with hopes that the crowds will be more spread out. There will be an on-site medical tent, and there will be more signs that will outline where you can and can not park. They will be setting up their stage and booths on Friday, August 16, starting at 12:00pm, and will have security on site throughout the night until the start of the event on Saturday.

Concorso Itailiano:

From 2023 - The only issues were related to the golf course operations, and they have that ironed out for this year. They were looking at adding other events during the week and adding live music to their Saturday show.

Exotics on Broadway:

From 2023 - Parking was the main concern. There were cars that blocked the allies, and houses in the adjacent neighborhoods. There were some concerns with the businesses.

There were two medical calls which were hard to get quick care too because of the crowds and limited access to EMS. To address these issues, the event organizers have been diligently sending out messaging about parking off site at General Jim Moore, and Coe avenues to take the shuttle to the event. Staff have also been pushing out the Packet Page 464

Item No. 10.B. Page 3 of 3
messaging on all of our City communication platforms. To address the business concerns, the Community Development department has been communicating with all the businesses in the affected areas to ensure they all have the most up-to-date information. The event organizers also held a Zoom meeting that was specifically for the businesses so they could address the thoughts and concerns directly with the organizers to make sure that their concerns would be heard. The Seaside Fire Department will also be on-site for the duration of the event to provide first-aid and medical support as needed.

FISCAL IMPACT
There is no fiscal impact on this item.

ATTACHMENTS

1. EOB2024-Vendor-Final (3)
Reviewed for Submission to the City Council by:

________________________________________
Craig Malin, Interim City Manager
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FORD
RACING
BREY
Chariots

OIL STAIN
LABS
LOTUS

GINTANI LIQUI
MOLY
LEEN

CUSTOMS
COOL

COLLECTIVE

STEERING
WHEEL
ART

STEK VP

DESIGNS

INOZETEK
DDE
DRIVEN
AUTO
MOTIVE

SS CUSTOMS
Avery Dennison

ELM AVE
40 CARS

AMADOR AVE
THIRD BLOCK | ALHAMBRA TO CALAVERAS

EOB SHUTTLE BUS

PICK UP & DROP OFF
FIRST BLOCK | DELMONTE TO HILLSDALE SECOND BLOCK | HILLSDALE TO ALHAMBRA DO NOT
BLOCK
HOME

DRIVEWAY

EXIT FOR CARS WITH

NO CREDENTIALS
E3 F1
G4 G5
H4
H5
H6
H7
H3
H2
H1 G1 G2 G3 E1 E2 E4 E5 E6 E7 E8 E9

HYPER CAR DISPLAY A
DISPLAY 11 CARS

VIP LOUNGE
A7 A6 A5 A4
A4
C5 C4 C3 C2 C1 B8 B7 B6 B5 B4 B3 B2 B1 A9 A8 A3 A2 A1
D1

FREMONT
STREET

FREMONT
STREET
SANTA BARBARA ST.

FIRST AID

FIRE TRUCK

ALHAMBRA
STREET

CALAVERAS

HILLSDALE
STREET
STREET

CONTRA COSTA
STREET
DEL MONTE BLVD. DEL MONTE BLVD.

ENTRANCE
PALM AVE. PALM AVE.

EOB
MERCH
PAGANI
3D

LOS ANGELES
State Farm
My Agent Indy
Monterey
Touring
Vehicles
Walnut Creek
Luxury Cars
DUPONT

REGISTRY
18 CARS
15 CARS
3 CARS

VORSTEINER

GUNTHERWERKS

BODEN HK
Motorcars
UPPER
EMPIRE
MOTORS

LIGHTSPEED
RACING
8 PAGANIS
PALM AVE.

STAGE
1-10 VIP CARS
10-20 VIP CARS
20-30 VIP CARS
30-40 VIP CARS
40-50 VIP CARS

VIP CARS

VIP CARS
2 VIP
1 Handicap
1 Wash Station

RESTROOMS
9 LOCATIONS
50 REGULAR
10 HANDICAP
20 WASH STATIONS
FLAGS

FIRST AID FIRE TRUCK
STAGE
10X10 TENT SPACE
10X10 TENT SPACE
10X20 TENT SPACE

BARRICADES RED CARPET SPACE

CLOSURE

SAFETY FENCE
ENTER
EXIT
EXIT

PEDESTRAIN

CROSSING

KOENIGSEGG KOENIGSEGG
ABUSHI EOB Czinger
MERCH
RIMAC
ADOBE
WINES
HHwHH
Collectibles
Macarbon

VELOCITY

IVITATIONAL
MY
MUSEUM
1 Stop
Diecast
540
Autosports
SlingShot

KOENIGSEGG
45 Cars and 33 Spots = Extra 9 Cars + 3 Cars >>
JACK

SCIENTIFIC

PORSCHE

HYPER CAR A

1. 2023 BUGATTI CHIRON Supersport

2. 2022 BUGATTI CHIRON Supersport

3. FJ BUGATTI PurSport

4. McLaren P1 HDK

5. McLaren Senna GTR

6. FJ McLaren P1

7. McLaren Senna

8. Porsche 918

9. FJ Koenigsegg Jesko

10. Koenigsegg CCR

11. Koenigsegg CCX Edition

12. Koenigsegg CCGT

1. McLaren P1 HDK

2. Hennessey F5

3. Lexus LFA

4. Pagani Zonda Cinque
12 11 10 9 8 7 6 5 4 3 2 1 8 7 6 5 4 3 2 1

GUMBALL
CARS
STEVE

GOLDFIELD

CAR SUDS

DETAILING
& SUPPLIES
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Seaside City CouncilAugust 15, 2024

Seaside City Council
August 15, 2024