Seaside City Council
May 1, 2025

A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, May 1, 2025
REDEVELOPMENT AGENCY 5:00 PM
__________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ _________________________________________________________________________________

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

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

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

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

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

When the Chair calls for public comment, members of the public participating on Zoom and wishing to address the City Council can queue to speak with the “Raise Hand” feature. On the Zoom application, click the “Raise Hand” button. On the phone, press *9 to “Raise Hand”; press *6 to unmute.

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

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City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 2

1. CALL TO ORDER

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

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

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

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

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS

7. PRESENTATIONS
A. PG&E COMMUNITY OUTREACH AND NOTIFICATION PROTOCOLS FOR

PLANNED AND UNPLANNED SERVICE IMPACTS (JEREMY HOWARD,

SENIOR REGIONAL MANAGER AND JAZMINE VENEGAS, CENTRAL COAST GOVERNMENT AFFAIRS REP.)
B. UPDATE ON PUBLIC WORKS PROJECTS (ANDREAS BAER, ASSISTANT

PUBLIC WORKS DIRECTOR)

8. CONSENT AGENDA
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City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 3 A. APPROVE A PROCLAMATION RECOGNIZING MAY 23, 2025, AS

NATIONAL POPPY DAY
RECOMMENDATION: Approve proclamation recognizing National Poppy Day.

B. APPROVE A FEE WAIVER REQUEST FROM THE VILLAGE PROJECT INC.

FOR THE USE OF THE CITY'S MOBILE STAGE FOR THEIR FUNDRAISER ON SATURDAY, MAY 10, 2025
RECOMMENDATION: Approve the fee waiver request.

C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD

THREE PROFESSIONAL SERVICES AGREEMENTS IN THE AMOUNT OF $300,000.00 EACH FOR ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING PROFESSIONAL SERVICES FOR PROJECTS TO (1)
ANDREW GOODWIN DESIGNS; (2) ROESLING NAKAMURA TERADA
ARCHITECTS; AND (3) OMNI DESIGN
RECOMMENDATION: Adopt the resolution.

D. ADOPT A RESOLUTION APPROVING A BUDGET AMENDMENT OF
$200,000.00 IN MEASURE X FUNDS FOR THE CITYWIDE CDBG ADA

CURB RAMP PROJECT FOR A TOTAL PROJECT BUDGET NOT-TO-EXCEED $540,000.00 FOR CONSTRUCTION OF ADDITIONAL CURB RAMPS
RECOMMENDATION: Adopt a resolution approving a budget amendment of $200,000.00 in Measure X funds from the Pavement Rehabilitation Fund to the Citywide CDBG ADA Curb Ramp Project for a total Project budget not-to-exceed $540,000.00, and authorizing the City Manager to execute up to an additional $200,000.00 for written amendments, extensions, and change orders.

9. PUBLIC HEARING
A. AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND

PERSONNEL OF THE SEASIDE MUNICIPAL CODE FOR THE PURPOSE OF

UPDATING CHAPTERS REGARDING BOARDS AND COMMISSIONS,

CORRECTING TYPOS, MISNUMBERED CODE SECTIONS, SENTENCE

STRUCTURE, MISSING DEFINITIONS, CLARIFICATIONS, PROPOSED

TEXT AMENDMENTS, COMPENSATION OF THE MAYOR AND CITY
COUNCIL, AND MAKE APPROPRIATE FINDINGS. IN ACCORDANCE WITH

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES THE PROPOSED AMENDMENTS ARE EXEMPT PER 15061(B)(3) (SECOND

READING - ROLL CALL VOTE)
RECOMMENDATION: Receive public comment and conduct the second reading:

1. Ordinance approving amendments to Title 2 regarding the increased compensation for the City Council.

2. Ordinance approving amendments to Title 2 regarding Board and Commissions; Packet Page 3
City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 4 B. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 15.04 BY ADDING SECTION 15.04.190 DESIGNATING FIRE HAZARD SEVERITY ZONES. THIS PROJECT IS NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES (FIRST

READING - ROLL CALL VOTE)
RECOMMENDATION: Recieve public hearing and conduct the first reading.

C. ADOPT A RESOLUTION TO AMEND THE WEST BROADWAY URBAN

VILLAGE SPECIFIC PLAN TO PROHIBIT THE SALES OF FIREARMS AND AMMUNITION WITHIN THE WEST BROADWAY URBAN VILLAGE. THIS

PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15061(B)(3) OF THE CEQA

GUIDELINES
RECOMMENDATION: Adopt the attached Resolution to amend the West Broadway Urban Village Specific Plan.

D. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.24 SECTION 121 OF THE MUNICIPAL CODE TO MODIFY PROCEDURES FOR
ALLOCATING TRANSIENT OCCUPANCY TAX COLLECTED FROM SHORTTERM RENTALS. THIS PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3) OF

THE CEQA GUIDELINES (FIRST READING - ROLL CALL VOTE)
RECOMMENDATION: Receive public comment and conduct the first reading.

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION TO ESTABLISH A PROGRAM FOR THE

ALLOCATION OF WATER FOR SMALL COMMERCIAL PROJECTS
RECOMMENDATION: Approve the establishment of a program to allocate water to small commercial projects.

11. COUNCIL MEMBER REQUESTS
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City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 5

A. NEW COUNCIL MEMBER REQUESTS

B. FOLLOW UP ON PREVIOUS REQUESTS

1. Pacchetti Dog Park 10th Anniversary Proclamation and event support (Miller)

2. Boards and Commissions Education and Awareness Campaign (Burks)

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

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

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

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City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 6

A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6
Agency Negotiators: Greg McDanel, City Manager; Samantha Sahkrani, Human Resources Director/Risk Manager
Employee Organizations: Seaside Police Officers' Association, Seaside Firefighters' Association, Seaside Public Safety Managers' Association, Seaside City Employees Association, Seaside Managers Employee Association, Non-Represented NonExempt Confidential Employees, Non-Represented Exempt Confidential Employees, Executive Employees, Unclassified Exempt Employees, and Unclassified NonExempt Employees

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: Golf Course Hotel parcel located at 1 McClure Way, Seaside, CA 93955 Agency Negotiators: City Manager and City Attorney
Negotiating Parties: City of Seaside and KDG
Under Negotiation: Price, Terms of Payment, or both

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Monterey County Superior Court
Case Number: 24CV002483
Case Name: Landwatch and Center for Biological Diversity, et al. v. City of Seaside

E. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
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City Council REGULAR Meeting May 1, 2025 5:00 PM Agenda Page 7 Two Matters of Potential Litigation

14. ADJOURNMENT
This meeting will be adjourned in the memory and honor of Mrs. Chester Viola McClair
Next Regularly Scheduled Meeting:

May 15, 2025
5:00 p.m.

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

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.A.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dominique Davis, City Clerk
DATE: May 1, 2025
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING MAY 23, 2025, AS

NATIONAL POPPY DAY

RECOMMENDATION
Approve proclamation recognizing National Poppy Day.

BACKGROUND
National Poppy Day, observed on May 23, 2025, honors the sacrifice of those who have served and died in war. The red poppy, recognized as a symbol of remembrance, is distributed by the American Legion Auxiliary to encourage reflection on the cost of freedom and to support veterans and their families.

FISCAL IMPACT
N/A

ATTACHMENTS

1. National Poppy Day 2025
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

PROCLAMATION

RECOGNIZING NATIONAL POPPY DAY
May 23, 2025
WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and
WHEREAS, Millions who have answered the call to arms have died on the field of battle; and WHEREAS, A nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and
WHEREAS, The red poppy has been designated as a symbol of sacrifice of lives in all wars; and WHEREAS, The American Legion Auxiliary has pledged to remind America annually of this debt through the distribution of the memorial flower; and
WHEREAS, by proclaiming May 23, 2025 as POPPY DAY and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day.

NOW, THEREFORE BE IT PROCLAIMED, Ian N. Oglesby Mayor of the City of Seaside, do hereby proclaim May 23, 2025, as POPPY DAY in the City of Seaside, symbolizing the City honor of the fallen and support the living who have worn our nation’s uniform. _________________________
Ian N. Oglesby, Mayor
May 1, 2025
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Supervisor
DATE: May 1, 2025
SUBJECT: APPROVE A FEE WAIVER REQUEST FROM THE VILLAGE
PROJECT INC. FOR THE USE OF THE CITY'S MOBILE STAGE FOR THEIR FUNDRAISER ON SATURDAY, MAY 10, 2025

RECOMMENDATION
Approve the fee waiver request.

BACKGROUND
The Village Project Inc. is a non-profit organization, and they are requesting a fee waiver for the use of the City's mobile stage for their Emanyatta Program fundraiser.

The fundraiser will be a Reggae concert that will be held outside the VFW on Saturday, May 10, 2025 from 4:00 PM - 9:30 PM. Their fundraiser is to raise money for a trip to Ghana, West Africa this summer for the youth who are enrolled in their Emanyatta Saturday School.

This is the first request from the Village Project, Inc. for a fee wavier for the use of the City's mobile stage.

FISCAL IMPACT
Should the City Council approve the request for a full fee waiver for the use of the mobile stage, the approximate fiscal impact is as follows:

Public Works Set-up and Breakdown of the Mobile
Stage
$839.00
TOTAL $839.00
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Item No. 8.B. Page 2 of 2

ATTACHMENTS

1. Fee Waiver Village Project - Emanyatta Program 2025

2. The Village Project, Inc - 501(c)(3)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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Fee Waiver Request Form
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800

CONTACT INFORMATION:

Organization: _________________________________________________________________ Name of Applicant: ____________________________________________________________ Address: _______________________________ City: _____________________ State: _____ Phone: __________________ Email: _____________________________________________ EVENT INFORMATION:

Event Title: ___________________________________________________________________ Event Description: _____________________________________________________________ Event Date: _________________________ Room(s) Requested: ________________________ Time (including set-up): _________ - _________ Approximate Number of Guests: _________ ADDITIONAL INFORMATION:

Reason for Requesting Fee Waiver: _______________________________________________ ____________________________________________________________________________ Have you received a Fee Waiver in the past?  Yes, the event was on ____________  No What is your organization’s tax identification number? _________________________________ What percentage of your members or participants resides in Seaside? ____________________ Is your organization based in Seaside?  Yes  No
Is your organization able to provide liability insurance?  Yes  No Will alcohol be served or sold at your event?  Yes  No Applicant Signature: _____________________________ Date: _________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (For Office Use Only)
Fee Waiver Request:  Approved  Denied  Appealed
Security Deposit Required?  Yes  No
Staff Signature: _________________________________ Date: _________________ Notes: ______________________________________________________________________ ____________________________________________________________________________ The Village Project, Inc.
1069 Broadway Ave. Seaside CA, 93955
831-392-1500 [email protected]
Emanyatta Program fundraiser for youth trip to Africa.
61-1562515
We are a non-profit 501c3 organization. The cost of the Emanyatta Program - Regina Mason, Co-founder of The Village Project, Inc.

May 10, 2025 Stage (only)
200
stage would impact the childrens ability to afford the trip to Africa. 85%
12:00 PM 9:30 PM
Reggae concert
April 22, 2025
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Fee Waiver Request Form
Parks and Recreation Division
986 Hilby Avenue, Seaside CA 93955
831-899-6800

POLICY REGARDING ROOM RENTAL FEES AND WAIVERS
Fees may be waived for activities that benefit the majority of Seaside residents. Any new organizations requesting fee waivers are required to submit a letter of intent and complete the Fee Waiver Request form to the Recreation Services Department. The application will be submitted to the City Manager or his designee for review and approval. In the event that the fee waiver request is denied by the City Manager, the request can be appealed to the City Council. Applicants must demonstrate that the following criteria are satisfied:

1. At least 60% of the organization’s membership must consist of Seaside residents. The organization must provide documentation verifying membership residency.

2. The organization must be a 501(C)3 non-profit or public benefit organization and provide taxpayer identification number.

3. The organization must provide an in-kind service/donation to benefit and augment the City of Seaside. A written statement must be submitted with the application outlining specific donations and/or services provided by the organization to the City of Seaside.

FEE WAIVERS FOR MEETING ROOMS

1. Meetings are limited to four hours.

2. All organizations receiving fee waivers must give seven days notice of cancellation. If no notice is given of cancellation, the City reserves the right to deny further fee waiver requests.

3. Due to limited space, organizations may not request fee waivers for any more than one meeting room use per year; fee waivers are not intended to provide for ongoing weekly or monthly meeting use.

4. No faith based organizations may apply for fee waivers due to the separation of church and state.

AUDITORIUM RENTAL FEE WAIVER
Organizations requesting the use of the Auditorium must:

1. Pay the non-refundable portion of the deposit per event.

2. An organization requesting use of the auditorium for a special event or meeting may receive no more than one fee waiver request within a 90-day period.

3. Provide special event liability insurance. The following is required:
a. Provide an “Occurrence Made” liability insurance policy, naming the city as additionally insured, with limits of $1 million per occurrence and $2 million aggregate. A copy of that policy must be provided to the Recreation Services Department.

OR
b. Purchase Special Event Liability insurance through the Recreation Services Department at the time of fee waiver request. This insurance covers not only the city, but also those renting the facility.

4. Fundraising activities of any nature do not qualify for fee waivers.

5. Special events may be required to provide security at renter’s expense. A photocopy of the contract must be on file with the Recreation Services Department. The number of security guards required is determined by the nature of the event and the numbers in attendance. *A City-sanctioned organization is defined as “any community based group or organization that in cooperation with the Recreation Services Department, provides an entertainment, recreation and/educational service benefiting the citizens of Seaside.” **All deposits are placed in the maintenance and janitorial fund designated for the upkeep and repair of the Oldemeyer Center.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 1, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

AWARD THREE PROFESSIONAL SERVICES AGREEMENTS IN
THE AMOUNT OF $300,000.00 EACH FOR ON-CALL

ARCHITECTURE AND STRUCTURAL ENGINEERING
PROFESSIONAL SERVICES FOR PROJECTS TO (1) ANDREW
GOODWIN DESIGNS; (2) ROESLING NAKAMURA TERADA
ARCHITECTS; AND (3) OMNI DESIGN

RECOMMENDATION
Adopt the resolution.

BACKGROUND
The City has active and pending projects that require technical assistance from Architecture and Structural Engineering firms. Having three firms available allows the City to provide these services in a timely manner.

Individual project task orders will be issued based on the firm’s expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed-upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project-by-project basis.

Selection of the best qualified firms was made in accordance with the City’s Purchasing Ordinance. On January 16, 2025, a Request for Proposal was issued and advertised through the City website. In addition, notification emails were sent to firms who expressed interest in providing Architecture and Structural Engineering Services to the Packet Page 19

Item No. 8.C. Page 2 of 3
City. Seven (7) proposals were received on February 21, 2025. A selection committee, consisting of 6 staff members from multiple departments, independently evaluated and ranked the proposals. After deliberations, the top three ranked firms are as follows:

Firm, Location
Andrew Goodwin Designs, San Luis Obispo, CA (Satellite office in Salinas,CA) Roesling Nakamura Terada Architects, San Luis Obispo, CA Omni Design, San Luis Obispo, CA
The proposed Professional Services Agreements would be managed by the Engineering Division, and On-Call Architecture and Structural Engineering would also be made available for use by other City Departments for funded projects.

Alternatives
Council could decide to not award these Architecture and Structural Engineering Professional Services Agreements and direct staff to issue requests for proposals for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for which outside Architecture and Structural Engineering Services are required to augment City staff. Further, having pre-approved, on-call, as-needed firms readily available allow for more efficient and timely delivery of projects as multiple projects can be designed concurrently.

Environmental Determination
The City of Seaside determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

FISCAL IMPACT
Fees for On-Call Architecture and Structural Engineering Services will be based on a project-by-project basis directly charged to individual project budgets. Each project is separately approved and budgeted by the Council. The City is under no obligation to expend any funds under these Professional Services Agreements.

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Item No. 8.C. Page 3 of 3

ATTACHMENTS

1. Resolution

2. Professional Services Agreement - Andrew Goodwin Designs

3. Professional Services Agreement - Roesling Nakamura Terada Architects

4. Professional Services Agreement - Omni Design
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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Meeting Date: 5/01/25
Item #: 8.C.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AWARD THREE PROFESSIONAL SERVICES AGREEMENTS IN THE AMOUNT OF $300,000.00 EACH FOR ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING PROFESSIONAL SERVICES FOR PROJECTS TO (1) ANDREW GOODWIN DESIGNS; (2); ROESLING NAKAMURA TERADA ARCHITECTS; AND (3) OMNI DESIGN.

WHEREAS, the need exists for the City to obtain prompt professional Architecture and Structural Engineering Services; and,
WHEREAS, on January 16, 2025, the City issued a Request for Proposal (RFP) for On-Call Architecture and Structural Engineering Professional Services for projects within the City of Seaside and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and,
WHEREAS, on February 21, 2025, the City received seven (7) proposals from firms that perform this work; and,
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based upon specific criteria in the RFP; and, WHEREAS, following deliberations, the selection committee determined that Andrew Goodwin Designs, Roesling Nakamura Terada Architects, and Omni Design were the best qualified firms; and,
WHEREAS, the firms will provide services on an on-call, as-needed, projectspecific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and,
WHEREAS, the City of Seaside determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the Packet Page 22
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matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby:

1. Awards Professional Service Agreements for On-Call Architecture and Structural Engineering Professional Services for Projects within the City of Seaside to Andrew Goodwin Designs, Roesling Nakamura Terada Architects, and Omni Design, for a term of one (1) year, with the option to extend for one (1) additional one year term, with an annual fee not to exceed $300,000.00 each; and

2. Authorizes the City Manager, or his designee, to execute the Professional Services Agreements upon receipt of information required by the Request for Proposal (RFP) with any minor edits approved by the City Attorney.

3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of May, 2025, 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:
______________________________
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Sheri L. Damon, City Attorney
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

NON- CONSTRUCTION PROJECT

ON-CALL ARCHITECTURE AND STRUCTURAL

ENGINEERING
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective AS OF May 1, 2025 between the City of Seaside ("AGENCY"), a municipal corporation and Andrew Goodwin Designs, a corporation ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on May 1, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A and Exhibit D, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and Exhibit D. To the extent that Exhibit E is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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

IV. AGENCY MANAGEMENT
Agency’s City Manager or his/her designee shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due Packet Page 25
to CONSULTANT. Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.

V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate theremainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

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VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, Packet Page 27
the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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

B. 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 indemnity. 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.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration ofthis AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT Packet Page 28
shall at all times be under CONSULTANT's exclusive direction and control.

Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT.

Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the Packet Page 29
proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrativeproceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

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

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To AGENCY: City of Seaside
440 Harcourt Ave
Seaside Ca, 93955
To
CONSULTANT:

Andrew Goodwin Designs
1238 Monterey Street
San Luis Obispo, CA 93401
XVII.ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Andrew Goodwin, AIA, NCARB may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of Andrew Goodwin, AIA, NCARB from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

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

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

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

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of the Proposal, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict, the requirements of the Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only,and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing.

XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. *** Signatures on next page***
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IN WITNESS WHEREOF, the parties hereto have caused his AGREEMENT to be executed the day and year first above written.

CONSULTANT
By: __________________________ ___________________
(signature) (date)
_______________________________
Name of Consultant
_______________________________ _______________________ Greg McDanel (date)
City Manager
City of Seaside
Attachments:

Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C - Insurance Requirements
Exhibit D – Request for Proposal
Exhibit E – Consultant’s Proposal
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Seaside, as the scope of services under this Agreement, the services described on City’s Request for Proposal for OnCall Architectural and Structural Engineering Professional Services dated January 16, 2025 (Exhibit “D”) which outlines the scope of services and work under this contract, and the approved Consultant’s Proposal dated February 21, 2025 (Exhibit “E”).

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, “not-toexceed” cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit A1, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City’s best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City’s purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre-qualified consultants, based on consultants’ availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City’s Request for Proposal;
3) the Consultant’s proposal.

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EXHIBIT “B”

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to­ exceed cost of $300,000 per contract and $75,000 per assigned task.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum “not-to-exceed” cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

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EXHIBIT C

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

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

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

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

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

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EXHIBIT D

REQUEST FOR PROPOSAL
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City of Seaside

REQUEST FOR PROPOSALS
On-Call Architectural and
Structural Engineering Professional Services
ISSUING OFFICE: City of Seaside
Public Works Department
440 Harcourt Avenue
Seaside, CA 93458
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i
Table of Contents
REQUEST FOR PROPOSALS.................................................................................................... 1 SECTION 1 - INSTRUCTIONS AND CONDITIONS ............................................................... 2

1.1 Project Description........................................................................................3

1.2 Information .....................................................................................................4

1.3 Important Notice ............................................................................................5

1.4 Definitions ......................................................................................................5

1.5 Contracting Agency.......................................................................................6

1.6 Legal Responsibilities ...................................................................................6

1.7 Business Tax Certificate ...............................................................................6

1.8 Withdrawal of Proposals ...............................................................................6

1.9 Rejection of Proposals ..................................................................................7

1.10 Evaluation.......................................................................................................7

1.11 Pricing Guidelines .........................................................................................8

1.12 Proprietary Information .................................................................................8

1.13 Tentative Selection Schedule .......................................................................8 SECTION 2 – PROJECT OVERVIEW ....................................................................................... 9

2.1 Introduction..................................................................................................10

2.2 Term of Contract..........................................................................................10

2.3 Scope of Work..............................................................................................10

2.4 Selection and Evaluation Factors...............................................................10

2.5 Inquiries........................................................................................................12

2.6 Contract Incorporation ................................................................................12

2.7 Negotiations .................................................................................................12

2.8 Proposal Format ..........................................................................................12 SECTION 3 - AGREEMENTS .................................................................................................. 13 SECTION 4 – ATTACHMENTS ............................................................................................... 19 Packet Page 42
City of Seaside
On-Call Architectural and Structural Engineering Professional Services

PUBLIC NOTICE

REQUEST FOR PROPOSALS
Request for Proposals (RFPs) must be received by the Public Works Department, no later than 5:00 p.m., February 21st, 2025 via PlanetBids.

Architectural and Structural Engineering Professional Services No proposer shall discriminate in employment practices on the basis of race, color, national origin, ancestry, disability, gender, or religion.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of contract.

The right is reserved by the City of Seaside to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract according to the proposal which best serves the interests of the City.

Dated this 16th day of January 2025 at Seaside, California.

By: Thomas Korman, P.E., P.L.S. Public Works Director/ City Engineer City of Seaside, California
Publication Date: January 16, 2025
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SECTION 1

INSTRUCTIONS AND CONDITIONS
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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

1.1 Project Description
The City of Seaside (“City”) is seeking proposals from qualified firms or individuals to provide On-Call Civil Architectural and Structural Engineering Services. The scope of on-call architectural and structural engineering work shall include, but not be limited to, the full range of services typically required to perform architecture and structural engineering services within the City. This RFP is subject to the requirements of Purchasing Guidelines for the City of Seaside. This solicitation is not intended to create an exclusive service agreement and multiple contracts may be awarded.

The City is seeking professional architectural and structural engineering services for mid-size projects with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, community center, outdoor park structures, and site work. In addition, the City is seeking Architectural services specializing in the preservation and rehabilitation of California’s historic structures and fully versed in the Secretary of the Interior’s Standards as well as, the State of California’s Historical Building Code and their implications on individual projects.

Proposals will be considered only from Consultants who can demonstrate the following minimum qualifications:

1. Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services.

2. The individual or individuals or sub-consultants who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.

3. Consultant and staff shall be knowledgeable of all applicable building codes, American with Disabilities Act / Facilities

4. Experience in with building conservation, historic preservation, sustainability, and the interrelationship between older structures and community context.

5. Transition Plans, federal, state and local by-laws as applicable.

6. Firms shall be able to meet the schedule set by City of Seaside Department of Public Works
The selected consultant will provide the full range of services including the performance of various capital projects or other public works related projects within the City.

Task orders will be created under a Master Agreement and may include, but are not limited to, work within the public right-of-way, parks, buildings and grounds or to act as an extension of City staff.

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Tasks may consist of full design, from conception to construction, or be of a very limited nature.

Each task will be based upon an agreed upon scope, schedule, and “not-toexceed” cost.

An individual task order will be created under this Master Agreement for the completion of each task.

Terms of Work:

A. The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

B. The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00. No task may be awarded pursuant to this contract that exceeds $75,000. Tasks estimated to cost over $75,000 require a separate RFP.

C. During the course of the Agreement the City will identify tasks and ask the Consultant to prepare a task proposal, which, at minimum, will include:
a. scope of work
b. schedule, and
c. “not-to-exceed” cost based on the scope of work, with a hard not to exceed cost of $75,000 per task.

A Notice to Proceed will be issued by the City for each task under this Agreement.

D. All drawings, reports, data, computer files, specifications, calculations, and studies prepared by the Consultant shall become the property of the City, with all rights of ownership, including copyrights and reproduction of the same.

1.2 Information
Submit an electronic copy on or before 5:00 p.m., Friday, February 21, 2025.

Proposers are directed to mail one (1) copy the consultant's schedule of fees submitted in a separate sealed envelope, post marked prior to the submission deadline.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

For hand delivery, or mail delivery, please use the following address:

City of Seaside
Public Works Department – Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Public Works Department, via email at [email protected]
Any revisions to the Request for Proposal will be issued and distributed as Addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposal.

1.3 Important Notice
The City of Seaside will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued, the City will attempt to notify all prospective consultants. However, it will be the responsibility of each prospective consultant, prior to submitting its proposal, to determine if addenda were issued via PlanetBids, and to make such addenda a part of their proposal.

1.4 Definitions

1. "Agency" refers to the City of Seaside, an Agency established under the laws of the State of California.

2. "Days" refers to working days of the City of Seaside when used in context with Agency's bid protest procedures.

3. The terms “file” or “submit” refer to the date of receipt by Agency.

4. "Interested party" includes all bidders on the contract or procurement. The term may also include a subconsultant or vendor at any tier who shows Packet Page 47
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that it has a substantial economic interest in a provision of the Request for Proposals (RFP), or of the interpretation of such a provision.

5. "Local" as used herein refers to the County of Monterey and the State of California. When used in conjunction with the phrase "laws and regulations" it is construed to mean only those laws or regulations associated with the provision of public funds. It is not construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.

6. “Request for Proposal" as used herein, also includes the term "offer" or “RFP” as used in the context of negotiated procurements.

7. "Administrator" or “Manager” as used herein refers to the project manager of the City of Seaside.

1.5 Contracting Agency
The City of Seaside will administer the contract resulting from this Request for Qualification.

1.6 Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not.

1.7 Business Tax Certificate
Possession of a City of Seaside Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at its own expense, a valid and current City of Seaside Business Tax Certificate prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Seaside.

1.8 Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals only by written request filed with the City of Seaside Project Manager. The request shall be executed by the offeror or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

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1.9 Rejection of Proposals
Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

1.10 Evaluation
Evaluation and selection of statement of qualifications will be based on the qualifications and evaluation criteria outlined in the RFP request. Brochures or other promotional presentations beyond that which is deemed sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary and will not affect the evaluation process.

The City of Seaside reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipate initiative and ability of the proposer to perform the services set forth herein.

The City of Seaside reserves the right to reject any or all statement of qualifications, to waive any requirements, both the City's and those proposed by the proposer; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for RFP proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion, the proposal of each proposer, so as to select the proposer which best serves the requirements of the City, thus providing that the best interest of the City will be served. The proposer's past performance, and the City's assurance that each proposer will provide service as proposed, will be taken into consideration when statement of qualifications are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the Packet Page 49
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obligations of a contract and to deliver the services contemplated herein or the service of any consultant who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer's submission, or at any point in the evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the proposal of any consultant who is in default on the payment of taxes, licenses, or other monies due the City of Seaside.

The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a statement of qualifications to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

1.11 Pricing Guidelines
Proposers shall provide proposed fees and cost information as a part of this RFP. Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services. Fees submitted may be used as a basis of negotiation with the successful consultant.

1.12 Proprietary Information
The proposals received shall become the property of the City of Seaside and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most or all, of their proposal as exempt from disclosure may be deemed non-responsive.

1.13 Tentative Selection Schedule
Issuance of RFP January 16, 2025
Question Submission deadline 5:00 p.m., February 7, 2025 Submission deadline 5:00 p.m., February 21, 2025
Council Award of contract March 20, 2025 (tentative)
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SECTION 2

OVERVIEW
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PROJECT OVERVIEW

2.1 Introduction
The City of Seaside, Public Works Department, invites perspective consultants to submit Proposals to perform on-call Architectural and Structural Engineering Professional Services.

If used, subconsultant qualifications should be listed and the Public Works Department would like to see subconsultant key staff individual resumes, their placement on the organization chart, and subconsultant firm project experience.

2.2 Term of Contract
The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

2.3 Scope of Work
See Section 4, Attachment A – Scope of Work.

2.4 Selection and Evaluation Factors
Successful consultants shall be selected by the City of Seaside on a rational basis. Evaluation factors outlined below shall be applied to all eligible responsible and responsive proposers in comparing proposals.

A proposer may be selected without discussion after Statement of Qualifications are received. Therefore, proposals should be submitted on the most favorable terms.

A. Evaluation Criteria. An evaluation committee of City staff personnel will review and evaluate all proposals received by the due date based on the following criteria:
a. Ability to Design an Approach and Work Plan to Meet the Project Requirements. An assessment of the overall quality of the proposal.

Qualities and indicators that will receive consideration include the proposer’s performance in converting the Scope of Work into a work plan; the detail and clarity of the discussion as to the proposer’s approach to undertaking the project; the proposer’s performance in identifying any special problems or concerns which may be associated with the project Packet Page 52
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and preliminary ideas about how these obstacles should be addressed; the inclusion of any unique approaches which are designed to save time and money or increase the benefits or effectiveness of the proposed work; the demonstrated ability to work with governmental bodies; and a full understanding of applicable laws or regulations that relate to the project. b. Ability of the Proposer to Carry Out and Manage the Proposed Project. An assessment of the past experience of the organization in general. Qualities and indicators that will receive consideration include the number and types of projects the organization or its employees have completed; the variety of projects completed and a demonstration of the organization’s ability to undertake this project; the general level of experience in the areas of supervision, observing and monitoring projects; the organization’s ability to realize timetables and quality control objectives; and the demonstrated general ability to bring about a successful completion of the projects under the proposer’s direction.
c. Staff: An assessment of the perceived ability of each organization to devote the necessary human resources and management attention to the project.

Do the qualifications of key personnel to be assigned to the project coincide with project’s requirements? Do assigned personnel and subconsultant personnel have requisite education, experience, and professional qualifications and licenses?
d. Familiarity with Locality: Does the firm have familiarity with the City required to successfully complete the project? How close are the firm’s permanent offices to the City of Seaside?
e. Willingness to Comply with the Proposed Agreement Terms. A sample agreement is attached as Section 3. Proposals will be rated based on any exceptions taken to the proposed agreement.
f. Reputation: Are the firm’s references from past clients and associates favorable; and, does the firm show financial and operational stability? B. Procedures
a. At the completion of the review process, proposers will be ranked based on the Evaluation Criteria described in section VIII.A above. The City will select the highest ranked firm or, at City’s option, the most highly qualified firms will form a “shortlist.”
b. Should the City elect to establish a “short list,” firms on the short list may be asked to formally present their proposal in or via remote teleconferencing and respond to interviewer questions. The interview Packet Page 53
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panel will be the evaluation committee. The presentation and interview session will not exceed one hour per proposer. Following presentations/interviews, the evaluation committee will complete its ranking.
c. Upon completion of the rankings, fee negotiations will commence with the highest ranked firm. If the fees are mutually agreed upon after negotiations, an agreement will be placed on a City Council agenda for approval consideration. If fee negotiations are unsuccessful with the highest ranked firm, that firm will be excused, and the fee schedule of the next highest ranked firm will be negotiated.
d. It is anticipated that any award of an agreement for services will be made by the City Council within 90 days of proposal submission.

2.5 Inquiries
Inquiries must be submitted via PlanetBids. City shall issue any necessary clarification in writing to all proposers. Proposers should not rely on verbal discussion in lieu of written communication. Failure to adhere to this requirement could render the proposal non-responsive.

2.6 Contract Incorporation
Proposer should be aware that the City of Seaside’s attached “agreement” shall become the actual contract document. The terms and conditions defined in Section 3 are to be used as a basis for a contemplated contract. Any modifications to this recommended sample contract will require prior negotiations and approval of the City. Failure of a proposer to accept this obligation may result in the rejections of its proposal or cancellation of any award.

2.7 Negotiations
The City of Seaside reserves the right to negotiate all elements which comprise the proposal to ensure the best possible consideration for all concerned.

2.8 Proposal Format
Proposals must follow the format outlined in Section 4, Attachment B – Proposal Requirements and all requested information must be supplied. Failure to submit a complete Proposal in the required format shall be considered non-responsive.

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On-Call Architectural and Structural Engineering Professional Services SECTION 3

AGREEMENT
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

NON- CONSTRUCTION PROJECT
[INSERT PROJECT TITLE]
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective AS OF [insert date] between the City of Seaside ("AGENCY"), a municipal corporation and [insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on [insert date] are completed, butin no event later than [insert date] unless sooner terminated pursuant to the provisions of this AGREEMENT.

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

To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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

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

V. PAYMENT
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On-Call Architectural and Structural Engineering Professional Services A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [total amount of contract--$$$] for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

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On-Call Architectural and Structural Engineering Professional Services B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, Packet Page 58
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On-Call Architectural and Structural Engineering Professional Services 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.

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

B. 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 indemnity. 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.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT Packet Page 59
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On-Call Architectural and Structural Engineering Professional Services shall at all times be under CONSULTANT's exclusive direction and control.

Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

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

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

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On-Call Architectural and Structural Engineering Professional Services XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrativeproceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

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COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery,or
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of Seaside
440 Harcourt Ave
Seaside Ca, 93955
To
CONSULTANT:
[name]
[address]
[city/state/zip code]
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. [consultant name] may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of [Insert name] from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

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

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[project name]
Rev. Page 21 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

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

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of the Proposal, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict, the requirements of the Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only,
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[project name]
Rev. Page 22 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly
agreed to in writing.

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

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

CONSULTANT
By: __________________________
(signature)
_______________________________
Name of Consultant
_______________________________
(name)
(City Manager)
(City of Seaside)
Attachments:

Exhibit A - Proposal
Exhibit B – Payment
Exhibit C - Insurance Requirements
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City of Seaside
On-Call Architectural and Structural Engineering Professional Services EXHIBIT “A”

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Seaside, as the scope of services under this Agreement, the services described on City’s Request for Proposal for OnCall Architectural and Structural Engineering Professional Services dated ______ (Exhibit “D”) which outlines the scope of services and work under this contract, and the approved Consultant’s Proposal dated [insert date] (Exhibit “E”).

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, “not-toexceed” cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit A1, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City’s best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City’s purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre-qualified consultants, based on consultants’ availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City’s Request for Proposal);
3) the Consultant’s proposal.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services EXHIBIT “B”

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to- exceed cost of $300,000 per contract and $75,000 per assigned task.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum “not-to-exceed” cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services

EXHIBIT C

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

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

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

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

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

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.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services Note: Iftherequired limitsfor general liability, auto and employer’s liability are$1 million or less, the following paragraph may be omitted.

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

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

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

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

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

Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will Packet Page 68
City of Seaside
On-Call Architectural and Structural Engineering Professional Services withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

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

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

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

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

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

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

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

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

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

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

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

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

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

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services SECTION 4

ATTACHMENTS
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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ATTACHMENT A – SCOPE OF WORK
Architectural and Structural Engineering

TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:

1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis: Project-specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Consultant Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Consultants or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing ownerConsultant agreements, and construction administration.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services

10.Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:
 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management
 Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Consultant bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling
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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ATTACHMENT B – PROPOSAL REQUIREMENTS
A. Proposals shall be a maximum of 30 individual pages.

B. All proposals shall include the following minimum information:
a. Cover letter of interest. Please identify the location of the key individuals who will be assigned to work on this agreement. b. Firm Background. Brief description of your firm’s history, capabilities, and target markets.
c. Management and Team Members. Provide a description of the team/consultant organization, and a work plan that identifies the personnel to be assigned to each task. The organization description should clearly identify who will be the project manager and the dayto- day contact person for the job. Include relevant experience of the team members who will be assigned to the project.
d. Subconsultants. A list of subconsultants to be used, if any, and their expertise as called for in Item 1, above.
e. Scope of Work. A description of methodology, techniques, and procedures for each of the scope of work items with an explanation of how the proposer plans to approach the tasks and the steps that will be taken to complete the task including analytical methods and tools. Proposers must demonstrate that they understand the magnitude and importance of each individual task. If appropriate, tasks should be organized into phases constituting measurable deliverables.
f. Organization Qualifications. Provide an outline of the organization qualifications indicating relevant background experience and capabilities for this work. A list of major projects, both ongoing and planned, to which the organization is committed during the time frame of this project should also be provided. Include the staff resources devoted to those projects and the status of the projects. g. Project Experience. Describe at least three specific projects that the firm and proposed key personnel have worked on within the past five years, including client contact names, telephone numbers, and email addresses. If your firm has completed similar projects without the involvement of the proposed key personnel, please note this in your proposal.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services h. Sample Plans. Provide sample plans completed recently for a public agency (2 sheets maximum, 11”x17” maximum size sheet).
i. Project Management. Provide a description regarding how work is scheduled, prioritized, and what structures are in place to ensure your firm meets project time lines.
j. References. Provide at least three (3) client references with phone numbers for relevant work. Specify the client, location, consultant firm members and participating individuals and their roles on team (principal, project director, etc.), type of work, implementation results or status, examples of work, and other relevant information as needed.

Your proposal should elaborate on all services your firm offers, even if not specifically asked for in this RFP. If appropriate, identify the number of staff assigned to each of the service areas and summarize their individual qualifications.

C. Fee Schedule
A fee schedule shall be submitted by mail as a part of this RFP in a separate sealed envelope per the instructions above.

Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services.

Fees submitted may be used as a basis of negotiation with the successful consultant.

Include an hourly rate for each category of employee (i.e., Principal, Technician, etc.) and fees for applicable direct costs (blueprint, reproduction, etc.).

No “mark-up” will be allowed for direct costs.

If applicable, per diem shall be billed at a maximum of the GSA rate and mileage shall be billed at the IRS mileage rate in place at the time of billing.

No “mark-up” will be allowed for per diem or mileage. Subconsultant services are to be billed at cost plus ten percent (10%) maximum.

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City of Seaside

REQUEST FOR PROPOSALS
Addendum No. 1

On-Call Architectural and Structural Engineering
Professional Services
February 10, 2025
Issuing Office:

City of Seaside
Public Works Department – Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
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REQUESTS FOR INFORMATION: Questions and Answers

1. As noted in item 6 of the project description minimum qualifications, is there a proposed schedule or sample schedule available for review for the proposed projects? ANSWER: There is no proposed schedule or sample schedule available for review for the proposed projects at this time.

2. Please confirm whether or not a funding source for these projects has been identified and if they are subject to any grant requirements, i.e. ARPA, BABA, etc? ANSWER: No particular funding source has been identified at this time.

3. Regarding item "B.e" in the Proposal Requirements section, please advise if providing a general project approach is acceptable as this RFP contains many diverse project types?
ANSWER: Yes, a general project approach is acceptable.

4. Please confirm that Item C "Fee Schedule" in the Proposal Requirements is just limited to a bill rate list by department/title as there is not a defined scope of work.? ANSWER: Yes, confirming that the Fee Schedule is just limited to a bill rate sheet.

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City of Seaside

REQUEST FOR PROPOSALS
Addendum No. 2

On-Call Architectural and Structural Engineering
Professional Services
February 11, 2025
Issuing Office:

City of Seaside
Public Works Department – Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
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REQUESTS FOR INFORMATION: Questions and Answers

1. Is looking for proposals from individual disciplines (e.g., structural engineering services only) or if a full team with multiple disciplines is required? ANSWER: The City if looking for an Architecture and Structural Engineering team for this RFP.

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EXHIBIT E

CONSULTANT'S PROPOSAL
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RESPONSE TO REQUEST FOR PROPOSALS FOR THE

CITY OF SEASIDE

ON-CALL ARCHITECTURAL AND STRUCTURAL
ENGINEERING PROFESSIONAL SERVICES ATTENTION:

CITY OF SEASIDE
THOMAS KORMAN, P.E., P.L.S. PUBLIC WORKS

DIRECTOR/CITY ENGINEER

PUBLIC WORKS DEPARTMENT
440 HARCOURT AVENUE
SEASIDE, CA 93458

ANDREW GOODWIN DESIGNS
1238 MONTEREY ST.

SAN LUIS OBISPO, CA 93401
(805) 439-1611
ATT: ANDREW GOODWIN, AIA
[email protected]
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TABLE OF CONTENTS

SECTION A COVER LETTER
Letter of Interest 01

SECTION B FIRM BACKGROUND
Firm Information 02

SECTION C MANAGEMENT AND TEAM MEMBERS
Organization Chart 03
AGD Team Resumes 04

SECTION D SUB-CONSULTANTS
Sub-Consultant Firm Information 06
Sub-Consultant Resumes 07

SECTION E SCOPE OF WORK
Our References 10

SECTION F ORGANIZATION QUALIFICATIONS
Past, Current, and Future Projects 12

SECTION G PROJECT EXPERIENCE
Project Examples 13

SECTION H SAMPLE PLANS
Sample Project Plans 16

SECTION I PROJECT MANAGEMENT
Scheduling 18

SECTION J REFERENCES
AGD References 19

COST PROPOSAL - SEPARATE ENVELOPE
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|| 1
Andrew Goodwin Designs
1238 Monterey Street
San Luis Obispo, CA 93401
(805) 439-1611
[email protected]
February 21st, 2025
City Of Seaside
Thomas Korman, P.E., P.L.S. Public Works Director/City Engineer Public Works Department
440 Harcourt Avenue
Seaside, CA 93458
Re: City of Seaside On-Call Architectural and Structural Engineering Professional Services Dear Thomas Korman and Selection Committee,
With this request for qualifications, the City of Seaside will build upon their dedication to improving the quality of life of the citizens of Seaside and the staff that work within the City’s facilities. The architecture team of Andrew Goodwin Designs (AGD), a California S-Corporation, is excited to be a part of this future and the continued improvements that will occur over the coming years. Our team has partnered with numerous cities over the past five years and hope to help Seaside for years to come.

Throughout our partnership, you will have the confidence in knowing that one organized team will lead the way. Principal of AGD’s San Luis Obispo Office, Andrew Goodwin, AIA, will be the Point of Contact while being supported by the experience of Senior Architect Michael DeMartini, AIA. Our office’s civic team has over 40 years of combined experience in providing new and remodeled public projects around California. Our consultants have partnered with us on many civic projects over the past five years. We have a working relationship with all of these firms, and this means that our architecture/engineering team is ready to be put to work!
Recently, we have worked with many small government agencies on civic projects. This includes the Guadalupe Community Center at Le Roy Park and the Conejo Parks Community Center in Thousand Oaks. We also have a working relationship with the cities of Santa Maria, Porterville, and Camarillo as an on-call architect. We have done multiple projects in Camarillo over the past couple of years. This includes a current project to remodel the existing City Hall for the City of Camarillo.

Our local Central Coast experience is among the best for Seaside. We are a small firm that can be on-call for you at a moment’s notice. Our firm leadership has been working in Monterey County for the past ten years, and in Santa Barbara and San Luis Obispo Counties for almost twenty years. We have a small satelitte office in Salinas, and are excited to work in the Monterey Bay area more. Our hope is that we can touch more lives in Montery County, and we want to be a bigger piece of Seaside’s future.

We look forward to a wonderful partnership.

Sincerely,
Andrew Goodwin, AIA, NCARB
Principal Architect, Owner

COVER LETTER
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B
FIRM

BACKGROUND
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FIRM INFORMATION

YEAR FOUNDED
2015

ORGANIZATIONAL STRUCTURE
California Corporation
EIN 3942961
Small Business Certification ID
2030513 (California)

OFFICE LOCATIONS
1238 Monterey Street
San Luis Obispo, CA (Headquarters)
311 N 2nd Street, Suite B
Porterville, CA (Central Valley Office)

SATELLITE OFFICES
Salinas, CA
Ventura, CA
Davis, CA

CORPORATE OFFICERS
Andrew Goodwin, President
Elyse Goodwin, Secretary/Treasurer
Alex Ceballos, Partner
*Above are owners as well

EMPLOYEES
16 SERVICES
Planning
Land Use Planning
Development and PreDesign
Space Planning
Community Engagement
Campus Master Planning
Facilities Master Planning
Architecture
Civic and Public Works
Parks and Recreation
K-12 Education
Retail
Housing
Hospitality
Office and Commercial
Design
Full-Scope Design Services
3D Modeling and Simulations
Sustainable Design
LEED Certification
Feasibility Studies
Branding
Visualization

COMPANY HISTORY
Andrew Goodwin Designs (AGD) is an architecture and design practice with a strong focus on sustainability and social impact. AGD has offices on the Central Coast and in the Central Valley of California, and our current work includes providing design and architecture services to clients primarily throughout California. AGD’s company services include architecture, design, and planning with project types ranging from education, boutique commercial, hospitality, residential, and community/ civic projects. AGD’s work also allows our team to continue to provide pro-bono services to non-profits throughout the world when the need arises.

Our mission is to design projects that transform lives and living through a spirit of stewardship for our clients, communities, and the environment.

We achieve our mission through stewardship of our talents, work, environment, and personal lives. We search for quality in our design and architecture that does not compromise our mission of stewardship.

AGD has received numerous awards including the AIA CA Norma Sklarek Award 2017, AIA Emerging Professionals Exhibit 2017 “Citizen Design”, and numerous AIA CCC Citation Awards and Project of the Month Awards.

In 2023, Andrew Goodwin, AIA was awarded the Young Architect Award by the AIA California Academy of Emerging Professionals for outstanding achievements in the first 10 years of being a licensed architect.

POINT OF CONTACT
Andrew Goodwin, AIA, NCARB, C34213
Owner/Principal Architect
1238 Monterey Street
San Luis Obispo, CA 93401
513.505.9373 (cell)
805.439.1611 x109 (office)
[email protected]
andrewgoodwin.us

LENGTH OF EXPERIENCE
AGD’s team for this proposal will include Principal Andrew Goodwin, AIA and Senior Architect Michael DeMartini, AIA. The two Architects on this project have over 40 years of experience providing design and architecture services for cities and municipalities.

Andrew Goodwin, AIA (Principal Architect) has worked as a lead designer, project manager, and project architect on libraries, city halls, community centers, and similar public buildings since 2007. Over the past ten years, he has led the design and architecture of the award winning Sunzu Yacu Community Center in Rwanda, the Conejo Community Center and Park in Thousand Oaks, and the Leroy Park Community Center in Guadalupe, California.

Michael DeMartini, AIA (QA/QC) has been working on public buildings since 2003. Over the past 10 years, he has been the lead Project Manager/ Senior Architect for the Guadalupe LeRoy Park Community Center, the Conejo Community Park Center, Atascadero Public Library, and the Betteravia Government Center in Santa Maria.

FIRM INFORMATION
Packet Page 85
C

MANAGEMENT AND

TEAM MEMBERS
Packet Page 86
|| 3

CITY OF SEASIDE

ORGANIZATION CHART

ORGANIZATION CHART
AGD

PRINCIPAL ARCHITECT /
QA/QC
Andrew Goodwin, AIA
AGD
POINT OF CONTACT/ SR.

PROJECT ARCHITECT
Michael DeMartini, AIA

COST ESTIMATOR

STONE CREEK ENGINEERING

LANDSCAPE

ARCHITECTURE, CIVIL

ENGINEERING, SURVEYING

WALLACE GROUP

STRUCTURAL ENGINEERING

T&S STRUCTURAL

HISTORIC PRESERVATION
CHATTEL INC.

Packet Page 87
|| 4
ROLE
Principal Architect/Quality
Assurance and Control
Architect

EDUCATION
Bachelor of Architecture,
California Polytechnic State
University, San Luis Obispo

REGISTRATIONS
CA Registered Architect
C34213

ANDREW GOODWIN, AIA
Andrew is an architect, strategist, writer, and advocate with specialization in impact design for social change. He has over 16 years of experience which started with government and community projects in 2007. Andrew’s architectural work includes municipal, private colleges, residential and commercial projects from San Francisco to Los Angeles and out to the Central Valley. He has worked on humanitarian design projects/consulting worldwide. Andrew is a NCARB Professional, is actively involved with the American Institute of Architects.

Andrew has provided architectural services for clients including:

TULARE COUNTY FOODLINK
Office Headquarters & Warehouse – New Building

CONEJO RECREATION AND PARK DISTRICT
Conejo Community Center and Park

CITY OF CAMARILLO
Needs Assessment of City of Camarillo City Hall
Remodel of City of Camarillo Corporate Yard Offices/Locker Rooms

CITY OF GUADALUPE
Transit Hub Remodel/Revitalization
Royal Theater – Preservation and Building Expansion
LeRoy Park – Community Center & Modernization

CITY OF LINDSAY
City of Lindsay Transit Center Design Development
City of Lindsay Transit Office and Mixed Use Design Development

CITY OF PORTERVILLE
City Hall Renovation
Tenant Improvement for Public Library
Parks and Public Blds ADA Upgrades
Police Storage Unit Building

CITY OF SANTA MARIA
Public Works Annex Yard Remodel
Wastewater Treatment Facility Office Addition
Remodel of City of Santa Maria Library
County of SB Betteravia Bldg. D Addition*
Betteravia Government Center*

CITY OF ATASCADERO
Charles Paddock Atascadero Library Entry Building*
Charles Paddock Atascadero Library Restroom*

CITY OF LOMPOC
Charlotte’s Web Library*

SUNZU YACU, RWANDA
Sunzu Yacu Community Center
*Work completed at previous firm

AGD TEAM
Packet Page 88
|| 5
ROLE
Senior Architect/Project
Manager

EDUCATION
Bachelor of Architecture,
California Polytechnic State
University, San Luis Obispo

REGISTRATIONS
CA Registered Architect
C36625

MICHAEL DEMARTINI, AIA
Michael has been a local design professional for 28 years, His past experience includes a wide spectrum of design and project management for schools, municipalities, public agencies, and developers. He is experienced in obtaining city and county design approvals, project organization and management, lead management and production of construction documents and specifications, construction management and administration, cost estimating, bid negotiations, and performing on-site construction coordination. He has extensive technical and design experience.

Michael has provided architectural services for clients including:

CONEJO RECREATION AND PARK DISTRICT
Conejo Community Center and Park

CITY OF GUADALUPE
Transit Hub Remodel/Revitalization
Royal Theater – Preservation and Building Expansion
LeRoy Park – Community Center and Modernization

COUNTY OF SAN LUIS OBISPO
SLO County Library Restroom Remodel
Templeton Legion Hall Remodel
Health Annex Building Roof Replacement
Courthouse Roof Replacement
Sobering Center Remodel
Atascadero Library and One Stop Service Center
Community Development Space Evaluation

CITY OF LINDSAY
City of Lindsay Transit Center Design Development

CITY OF ATASCADERO
Unified School District, Phase 2 MOT
High School Master Plan
Girl’s Locker Room/Roofing/HVAC

CITY OF PASO ROBLES
Library Needs Assessment and Program Development
Animal Shelter Study
City Park Restrooms

COUNTY OF SANTA BARBARA
County of SB Gov’t Center, Board of Supervisors Bldg. and EOC County of SB Betteravia Bldg. D Addition
Betteravia Government Center

CITY OF CAMARILLO
Needs Assessment of City of Camarillo City Hall
Remodel of City of Camarillo Corporate Yard Offices/Locker Rooms

AGD TEAM
Packet Page 89
D

SUB-CONSULTANTS
Packet Page 90
SUB-CONSULTANT INFORMATION || 6

T&S STRUCTURAL (STRUCTURAL ENGINEERING)
T&S Structural provides comprehensive structural engineering services from conceptual planning onward, with a goal of delivering efficient, high-quality designs and seeing them through to the completion of construction. Based in California, our employee-owned firm boasts enthusiasm for and expertise in designing structural steel, concrete, masonry and timber projects. Our extensive resume includes custom residential, commercial, civic, healthcare, K-12, college/university, military, industrial, and energy/utility projects.

ADDRESS: 684 Clarion Court, San Luis Obispo, CA 93401
PHONE: 805.547.2000
EMAIL: [email protected]
KEY STAFF: Michelle McCovey Good, P.E., Principial and CEO, CA License #C65495

WALLACE GROUP (LANDSCAPE, CIVIL, SURVEY ENGINEERING)
A cornerstone of Wallace Group’s reputation is working for the common good - planning, designing, as well as managing and administering the construction of public facilities. For fourty years, this has been demonstrated through our work with cities and counties; enhancing their services through the design, construction and/or administration of public facilities. The company includes departments specializing in Landscape Architecture, Civil and Transportation Engineering, Water Resources, Construction Management, Mechanical Engineering, Planning, Public Works Administration, and Surveying/GIS Solutions. Wallace Group employs over 70 staff in California, with offices in San Luis Obispo, Santa Barbara, and Salinas who all collaborate to make your project a success.

ADDRESS: 1 North Calle Cesar Chavez Street, Santa Barbara, CA 93101 PHONE: 805.544.4011
EMAIL: [email protected]; [email protected]
KEY STAFF: Matt Wilkins, PLA, ASLA, APA, Director of Landscape Architecture, License #6398; Brett Hadley, PE, QSD/P, Senior Civil Engineer, License #80124

STONE CREEK ENGINEERING (ESTIMATOR)
Stone Creek Engineering has estimated over $10B in construction work comprised of new construction, renovations, seismic upgrades, change order analysis, program budgeting, value engineering, claims analysis, and contractor negotiations.

Since its founding in 2011, Jeff has continued to expand the services and expertise of the firm by approaching each project as a learning experience. Stone Creek Engineering, Inc. has become a fullservice Project Controls provider for commercial projects across the country.

ADDRESS: 1187 Vanderbilt Circle, Unit 6, Manteca, CA 95337 PHONE: 408.489.8853
EMAIL: [email protected]
KEY STAFF: Jeffrey Threet, Cost Estimator, License ASPE 2012

CHATTEL (HISTORIC PRESERVATION)
Chattel, Inc., owned and operated by principal historic architect Robert Chattel, is a consulting firm that provides solutions for historic properties. For over 30 years Chattel’s staff of architects, historians, and planners has worked to get financial incentives like tax credits for rehabilitation projects. Chattel also helps governmental agencies and stakeholder groups identify important community resources and plan for their preservation. The regulatory world surrounding development projects can be complex, but Chattel has the skills and experience to streamline project review and achieve creative changes to historic properties. Chattel assist clients throughout the western United States from its Los Angeles office. Please read about the company’s success stories at www.chattel.us.

ADDRESS: 13417 Ventura Blvd, Sherman Oaks, CA 91423
PHONE: 818.788.7954
EMAIL: [email protected]
KEY STAFF: Robert Jay Chattel, Preservation Architect, License C27398 Packet Page 91
SUB-CONSULTANT INFORMATION || 7
ROLE
Principal Engineer

EDUCATION
B.S. in Architectural Structural
Engineering, California
Polytechnic State University,
San Luis Obispo

REGISTRATIONS
Professional Engineer: CA Lic.

No. C65495
MICHELLE MCCOVEY-GOOD, P.E.

Michelle McCovey-Good is the Principal and CEO of T&S Structural. The quality of Michelle’s work, engineering expertise, and level commitment led to a partnership in the firm. Michelle has over 25 years of experience in the engineering of residential, commercial, mixed use, industrial, historic rehabilitation, tenant improvement, and solar installation projects in numerous building system types and materials.

Michelle is a licensed Professional Engineer in California as well as a number of other states. Michelle has a commitment to community and has served on the City of San Luis Obispo’s Architectural Review Commission, the San Luis Obispo Chamber of Commerce Seismic Task Force, is a regular blood donor, and volunteers her time to serve on the Lumina Alliance Board, REACH Council and Hoopa Valley Tribe’s Land Commission.

Michelle has provided the following services:

DESIGN AND SUPERVISION OF:
• High-end custom residential estates, tract residential, commercial, educational, medical, multi-phase wineries, mixed-use, and civic projects. • Structural systems of concrete, masonry, steel, timber, tilt-up construction, sustainable design, Integrated Concrete Formwork (ICF), spancrete, Structural Insulated Panels (SIPs), Unreinforced Masonry (URM) Retrofit, T-Mass structural panels.
• Foundation systems including caissons, mat foundations, large scale retaining walls, multiple subterranean level garages.
• Multi-story apartments and condominiums, and hotels.
• Universities, secondary and primary education structures. • Hillside Construction.
• Structural feasibility reports; structural observations during construction; seismic damage assessment reports.

ROLE
Construction Cost Estimation

EDUCATION
B.S. in Civil Engineering, San
Jose State University
Masters of Science in Structural
Engineering and Construction
Management, Stanford
University
JEFFREY D. THREET
Jeff Threet, founded Stone Creek Engineering, Inc. in 2011 to implement Project Controls that prioritize consistency and collaboration. Jeff is a registered Civil Engineer (State of CA), a LEED Accredited Professional (Legacy), and a Certified Professional Estimator (ASPE).

Jeff has estimated over $10B in construction work comprised of new construction, renovations, seismic upgrades, change order analysis, program budgeting, value engineering, claims analysis, and contractor negotiations. Jeff has provided estimating services for education clients for building modernizations, HVAC/ Electrical upgrades, new campuses, multi-year bond programs and everything in between. Costs range from $50,000 to $200,000,000.

Jeff has provided the following recent services:

LUTHER BURBANK SCHOOL DISTRICT
• New Kindergarten and General Purpose Classroom
• Transitional Kindergarten New Campus

MODESTO CITY SCHOOLS DISTRICT
• Classroom Modernizations

OAK GROVE SCHOOL DISTRICT
• Programmatic Budget Planning

SELMA UNIFIED SCHOOL DISTRICT
• Selma High School CTE Building
• Selma High School Stadium Modernization
Packet Page 92
SUB-CONSULTANT INFORMATION || 8
ROLE
Landscape Engineer

EDUCATION
Bachelor of Landscape
Architecture, California
Polytechnic State University,
San Luis Obispo

LICENSE
Professional Landscape
Architect 6398

MATT WILKINS, PLA, ASLA, APA
Matt is the Director of Landscape Architecture at Wallace Group. Having worked in inter-disciplinary groups throughout his career, Matt brings valuable knowledge of sustainability, transportation design, park design, landscape architecture, construction, and digital technology to the team. He is currently the Webmaster of the American Planning Academy Central Coast Section and a frequent presenter at national conferences, including ASLA (American Society of Landscape Architecture) where he’s presented on park & recreation, transportation, mobility, and public infrastructure projects. With his passion for building a better tomorrow, Matt is dedicated to building better infrastructure for our communities.

Matt has provided the following recent services:

RELEVANT PROJECT EXPERIENCE
• Santa Maria Sports Complex, Santa Maria, CA
• Ramona Park, Grover Beach, CA
• LeRoy Park & Community Center Rehab, Guadalupe, CA
• Phelan Community Park, San Bernardino County, CA
• Riverview Park, San Benito County, CA
• Laguna Lake Dog Park, San Luis Obispo, CA
• Ramsay Park, Watsonville, CA
• MLK Sculpture Garden, Marina, CA
• Sunnyside Park, County of San Benito, CA
• Sea Haven Park, Marina, CA
• Conejo Community Park, Thousand Oaks, CA*
• Royal Theater, Guadalupe, CA*
*Work Completed Prior to Joining Wallace Group
ROLE
Senior Civil Engineer

EDUCATION
Bachelor of Science in Civil
Engineering, Brigham Young
University, Utah

LICENSE
CA License #80124

BRETT HADLEY, PE, QSD/P
Brett joined Wallace Group in 2013 as a Licensed Professional Civil Engineer. He has over twelve years of engineering experience with an emphasis on Land Development engineering including residential, commercial, institutional and municipal. His project background covers site grading, and utility design. He is experienced in hydraulic and hydrologic modeling, water systems modeling, floodplain mapping, erosion control design, drainage reports, cost estimates and the production of development plans.

Brett graduated with a Bachelor of Science in Civil Engineering from Brigham Young University and is a licensed civil engineer in the state of California.

Brett has provided the following recent services:

OTHER RELEVANT PROJECT EXPERIENCE
• Ramona Park, Grover Beach, CA
• LeRoy Park and Community Center Rehabilitation, Guadalupe, CA • Conejo Community Center, Thousand Oaks, CA
• Woodlake Community Center, Woodlake, CA
• Fowler Event Center, Fowler, CA
Packet Page 93
ROLE
Historic Architect

EDUCATION
Columbia University,
Master of Science in Historic
Preservation, May 1983
University of California,
Berkeley, Bachelor of Arts in
Architecture, June 1980

QUALIFICATIONS
Secretary of the Interior’s
Professional Qualifications
Standards in Architectural
History, Architecture and
Historic Architecture
California Architect,
License Number C27398
California Class B,
General Contractor,
License Number
B692817

ROBERT JAY CHATTEL, AIA
In 1994, Robert Chattel established Chattel, Inc., a historic preservation consulting firm with offices in Los Angeles. Mr. Chattel specializes in applying the Secretary of the Interior’s Standards for the Treatment of Historic Properties and interpreting federal, state, and local historic preservation law and regulations.

Robert has provided architectural services for clients including:

CITY OF MONTEREY
Draft Historic Preservation Ordinance Update
Cannery Row Conservation District
Extension of Staff – Mills Act Program, Historic Resource Surveys, Policy Updates, and Peer Reviews

CITY OF LOS ANGELES
Mills Act Program Assessment and Equity Analysis
Extension of Staff – Periodic and Pre-Approval Mills Act Inspections

CITY OF ORANGE
Extension of Staff – General Support and Project Review Extension of Staff – Periodic and Pre-Approval Mills Act Inspections Reconstruction and Rehabilitation of the Plaza Park Fountain

CITY OF WEST HOLLYWOOD
Extension of Staff – General Support and Project Review Extension of Staff – Periodic and Pre-Approval Mills Act Inspections Historic Preservation Commission Trainings

CITY OF PALM SPRINGS
Alexander Residence (House of Tomorrow), Historic Resources Report Municipal Golf Course Clubhouse, Historic Resources Report Harriet Van Horn Residence, Historic Resources Report

COUNTY OF KERN
Hart Park Adobe House, Section 106 Determination of Eligibility and Finding of Effect Report
Frazier Park Recreation Building, Section 106 Determination of Eligibility and Finding of Effect Report
SUB-CONSULTANT INFORMATION || 9
Packet Page 94
E
SCOPE

OF WORK
Packet Page 95

OUR SERVICES
The architecture and engineering (A/E) team is familiar with the size and scale of the projects listed in the Scope of Work for the City of Seaside. AGD can work through building designs, facility assessments, code analysis, energy-efficiency assessments, space planning and more. The A/E team is made of experts in historic preservation, evaluations, sustainable design, landscape design, and site design. The team will work through each critical task with the utmost Standard of Care.

Strategic meetings with Clients help continue communication effectively and openly. Our team believes that though each project may be different the services for this contract can include:

PROJECT KICKOFF
The A/E team will kick-off the project by completing a site visit that accompany meetings with the City. This is the first part of the due diligence to understand the project scope. It is assumed that many of the projects will have identified the program, and the scope will be conveyed prior to kick-off. The kick-off meeting will confirm the programmatic needs of the project during the initial site visit.

SITE ASSESSMENT AND INVESTIGATION
Our team includes surveyors that can efficiently survey the project to check for topography, easements, property boundaries and important landscape or environmental boundaries. Our architectural and structural team will assess the existing buildings and create more detailed as-built drawings of the current conditions. All these consultants will begin their work shortly after the Project Kickoff meeting. While the team is at the Project Kickoff meeting, the design and engineering team members will visit the site and analyze the neighborhood and site context. We will take into account the views, sun access, and wind direction to help include passive design elements into the project. An analysis of any existing neighborhood connections will be done to review ADA accessibility, drainage, future connections, and more.

SCHEMATIC DESIGN (30% PRELIMINARY DESIGN SUBMITTAL)
The preliminary plans will be created by the design team for internal and external review with the client and A/E team. The preliminary plans and early assessment will be turned into a Design Report to turn into the City. For projects with historic significance our consultants will be the process of working with the city to identify the path of approval through the State.

This 30% Preliminary Design package could include:
• Architectural plans: floor plans, elevations, 3D Massing; • Architectural Site Plan identifying landscape zones, outdoor program areas, and parking; • Recommendations on HVAC Systems, Electrical Panel Locations, Structural System, etc.; • Civil and Landscape site plans including proposed amenities.

DESIGN DEVELOPMENT (50% DESIGN SUBMITTAL)
Upon client approval of schematic design, the preliminary plans will be further refined after an internal and external review with the client and A/E team. The design development plans will engage the A/E team members to begin developing design documents in preparation of Construction Documents. At this point, our team will develop the chosen preliminary design into a design package that could include:
• Architectural plans: floor plans, elevations, sections; • Structural plans: rough framing plans;
• Mechanical plans: HVAC layouts;
• Electrical plans: lighting and power plans;
• Plumbing plans: gas, water, vent, and waste layouts;
• Civil plans: grading and drainage plans; and
• Landscape plans: hardscape plans, landscape plans, irrigation plans, play structures.

The Senior Project Architect will work with the design team to create a preliminary project schedule for construction and the draft of the technical specifications. The construction cost estimate will be drafted and also shared with the Client to review budgetary concerns. Value engineering items will be identified and carried into the next phase.

SCOPE OF WORK || 10
Packet Page 96

OUR SERVICES
CONSTRUCTION DOCUMENTS (90% AND 100% SUBMITTALS)
Our full team will begin working on construction documents after the design development phase has been approved by the Client. Our team will prepare a 90% Construction Document submittal for internal A/E team use only. This could include:
• Architectural Plans, Elevations, Sections, Schedules, and Details • Civil Grading and Drainage Plans
• Civil Improvement Plans
• Landscape Hardscape, Planting, and Irrigation Plans
• Structural Plans
• Mechanical, Plumbing, and Electrical Plans
Once the Senior Project Architect coordinates and reviews the internal 90% Submittal, the A/E team will move on to another deadline of an internal 90% Construction Document Submittal set. The 90% Construction Document submittal will incorporate a refined cost estimate, construction schedule, and supporting document that will be needed for building permit submission. These additional supplemental documents could include:
• Structural Calculations
• Stormwater Management Plans
• Title 24 Energy Calculations
• Specifications (from all consultants)
Once the Project Architect coordinates and reviews the 90% Submittal with the City it will be submitted for permit review.

The A/E team will move on to the 100% Construction Document Submittal set. We expect a handful of meetings to be had between the City and the A/E team so that no time is wasted and to confirm that we are meeting the client’s goals and staying within budget. Any edits or value engineering will be incorporated into one final revision to the documents before our team finishes the final Construction Documents, reports, and specifications for permit submission. This will be delivered to the City for review before packaging the documents for bidding.

BIDDING AND NEGOTIATIONS
The Senior Project Architect will review and comment upon the Client’s forms of Construction Contract and the General, Special and/or other Conditions for consistency with the Construction Documents. The Architect will work with the Client’s Construction Manager to prepare the information, documents, and forms necessary for bidding the Construction Contract for the project. Shortly after this coordinations, the Senior Project Architect can attend a pre-bid conference, assist in answering questions and clarification relating to the Project, and will prepare addenda to the Bid Documents as needed.

The Senior Project Architect will work with the Client to help with the review of the bids.

CONSTRUCTION ADMINISTRATION
The Architect will work with the construction team to review Requests for Information, Submittals, and change orders in order to administer the Construction Contract. The Architect is the representative of the Client and will advise and consult with the Client on payment requests until Final Completion of construction.

The Architect and the A/E team will perform bi-weekly or monthly meetings at the Site. The Architect will observe key stages of construction and report back to the Client. The Architect will review all site work to maintain performance in a manner consistent with the Construction Contract.

POST CONSTRUCTION PHASE - SUBSTANTIAL COMPLETION, PUNCHLIST, AND CLOSE-OUT The Architect will inspect the Work to determine if Substantial Completion has been achieved. Prior to this inspection, the Architect shall provide a punchlist for the construction team to review and confirm as satisfied to help meet conformance with the Construction Contract. The Architect will assist the Client and the Construction Managers to provide all the final as-built drawings of the project based on any changes that have occurred during construction. All operation manuals and specifications for equipment will be provided.

SCOPE OF WORK || 11
Packet Page 97
F

ORGANIZATION

QUALIFICATIONS
Packet Page 98
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PAST, CURRENT, AND FUTURE PROJECTS

ORGANIZATION QUALIFICATIONS
Project Number & Name Project Phase Start Date End Date 763 SM Public Works Annex Yard Design 25-Mar-24 14-Apr-25 785 Templeton American Legion Hall Modernization Construction 4-Nov-24 7-Feb-25 791 Tranquillity HS Aquatic Center Modernization Design 13-Feb-25 25-Jun-25 852 Tranquillity HS Football Stadium Video Scoreboard Design/Construction 5-Feb-25 30-Apr-25 852 Susanville SIR Cultural Center Design 10-Feb-25 30-Aug-25 844 Porterville Navigation Center Design 5-Feb-25 30-Jun-25 758 Camarillo City Hall Renovation and Addition Design 25-Mar-24 1-Mar-26 The following is a short synopsis exemplifying AGD’s past and current experience with local governmental agencies where we provided architectural and engineering services similar to the RFP’s Scope of Work. This experience reinforces that our team is qualified to perform this project. See Section G for three example projects that shows a variety of this work.

BUILDING DESIGN: AGD has recently completed the design for a new community center and park in Thousand Oaks for the Conejo Recreation and Park District. This entailed full conceptual design through permitting. It has not been built yet.

Also, AGD has worked on multiple renovation projects including a full renovation of the City of Camarillo’s Corporate Yard Restroom Building. This included an interior design component and is currently in permitting.

FACILITY ASSESSMENTS: The team of AGD and T&S Structural recently completed a facility assessment for the Paul Nelson Pool House in Santa Maria. This included an accessibility and structural analysis of a building that is over 50 years old. This report will dictate how the City renovates or rebuilds this community pool building.

SPACE PLANNING: AGD has recently created a report to analyze the spatial layout inefficiencies for the City of Santa Maria’s Public Library. This report also included space planning for a renovation to the interior of the library including the book stacks, reading areas, and circulation desks.

SITE PLANNING: AGD was tasked to develop a design for a new transit center in the City of Lindsay. This included the site design for multi-modal transit. The site planning included guest parking, long term parking, pedestrian drop-off, bus waiting areas, and a train platform.

The following is a list of project types based on the contracting agency that AGD has worked with in the past and currently. • County of SLO: SLO City Library Public Restroom ADA Upgrade, Water Quality Lab Renovation, Health Annex Roof Replacement, Courthouse Roof Replacement, Sobering Center Remodel, New Canopy Structure, American Legion Hall Accessible Upgrade Remodel.
• City of Camarillo: City Hall Needs Assessment, City Hall Restroom and Break Room Remodel, City Corporate Yard Restroom Remodel, City Corporate Yard Lighting Upgrade, City Police Yard Upgrades. • City of Santa Maria: City Library Remodel, Public Works Annex Yard Expansion, Wastewater Treatment Plan Office Expansion, Paul Nelson Pool House Needs Assessment.
• City of Lindsay: Lindsay Community Center Design Development, Transit Center Design Development. • Conejo Community Park and Center, Thousand Oaks, CA
• City of Guadalupe: Transit Center Renovation and Site Redevelopment, Royal Theater Preservation and Addition, LeRoy Park Community Center and Park Rehab.
• City of Porterville: City Hall Renovation, Library Temporary Relocation/Renovation, Veteran’s Park ADA Upgrades, Zalud Park ADA Upgrades, Airport Restroom ADA Upgrade, Library ADA Upgrades, Police Storage Unit Building The following is a synopsis of AGD’s future major projects that are planned in 2025. The staff resources are broken down by percentage of time allocated weekly based on the Project Phase. We staff a contract of this size with one Principal Architect, one Senior Project Architect (QA/QC Architect), one Project Manager, and two designers or job captains.

Design Projects: Architects - 15%; Project Manager - 25%; Job Captains - 50% Construction: Architects - 35%; Project Manager - 25%; Job Captains - 10% Packet Page 99
G

PROJECT

EXPERIENCE
Packet Page 100
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LEROY PARK COMMUNITY CENTER AND PARK REHABILITATION

GUADALUPE, CA
Client: City of Guadalupe,
Todd Bodem, City Administrator
[email protected], 805-356-3891

PROJECT EXPERIENCE
STATUS
2017-2022 Completed
COST
$ 4.2 Million Construction
$450,000 A/E Fees
SIZE
12,000 sf Community Center
4 acre Park property w/ playgrounds,
walking paths, amphitheater, and
landscaping
600 sf Park restroom
TEAM
AGD (Architectural)
T&S (Structural)
Wallace Group (Landscape and Civil)

DESCRIPTION
As part of a CDBG-funded project, the LeRoy Park Community Center and Park was provided a complete renovation and substantial addition of a future flexible use space. The redesigned community center includes recreation rooms, classrooms, offices, commercial kitchen, bathrooms, and large multi-purpose areas. The facility was designed to be an operations center in the case of emergencies and has many sustainable features. The park includes a brand new playground, new BBQ picnic areas, an amphitheater, new landscaping, a new parking lot, and a fitness walking path around the property. A new detached restroom building was also designed to service the park when the community center is closed.

RELEVANT SCOPE
Community center building with classrooms, multi-use gymnasium spaces, multi-use sports fields, accessible playground structure, shading structure, landscape with irrigation, park seating, parking lot design, and fitness pathway.

KEY TEAM MEMBERS
Andrew Goodwin (Principal Architect), Michael Demartini (Senior Project Architect), Michelle McCovey Good (Structural Engineer) Packet Page 101
|| 14

ROYAL THEATER PRESERVATION AND ADDITION

GUADALUPE, CA
Client: City of Guadalupe,
Todd Bodem, City Administrator
[email protected], 805-356-3891

PROJECT EXPERIENCE
STATUS
2020-Present (In Bidding)
COST
+ $ 10 Million Estimate
$500,000 A/E Fee
SIZE
11,000 sf Theater/Multipurpose
building
Plazas, amphitheater, parking lot and
landscaping.

TEAM
AGD (Architectural)
T&S (Structural)
Chattel (Historical)

DESCRIPTION
The preservation of the existing 1930s-era Royal Theater in downtown Guadalupe, California includes the restoration of the existing 5,300 square foot theater and an addition of a 5,000 square foot multi-purpose building.

The design team worked with the engineers and historical preservation team to identify what needed to be restored and what could be improved based on the Secretary of the Interior Standards for Historic Buildings. The project also included a small parking lot, adjacent landscaping, a small outdoor amphitheater, a public plaza, and grass lawn for outdoor movies. The hope of a new entertainment venue positioned to train new generations on the visual and performing arts is key to the City of Guadalupe’s future.

RELEVANT SCOPE
Performing arts building with community classroom, kitchen and storage.

Landscape with irrigation, park-like seating, parking lot design, and plaza design. Historical Building with State and Federal guidelines.

KEY TEAM MEMBERS
Andrew Goodwin (Principal Architect), Michael Demartini (Senior Project Architect), Bret Rooks (Structural Engineer), Al Yakel (Fire Engineer).

Packet Page 102
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CONEJO COMMUNITY PARK AND CENTER

THOUSAND OAKS, CA
Client: Conejo Recreation and Park District,
Andrew Mooney, Director
[email protected], 805-495-6471

PROJECT EXPERIENCE
STATUS
2020-Present (In Permitting)
COST
+ $ 12 Million Estimate
$750,000 A/E Fee
SIZE
15,000 sf Community Center
Playground, walking paths,
amphitheater, parking lot and
landscaping
TEAM
AGD (Architectural)
T&S (Structural)

DESCRIPTION
The Conejo Community Park services the communities of Thousand Oaks, Westlake Village, and Newbury Park. The existing community center and park have catered to thousands of families by providing grassy gathering areas, playgrounds, a baseball field, a creek, and earthen amphitheater perfect for their Friday Night concert series. AGD was hired to re-envision the park and design a new community center to enhance the communities’ experience for decades more to come. This community center has been designed as a twostory, 16,000 square foot facility with classrooms, multipurpose spaces, and a commercial kitchen. The park included a new restroom building, a new stage, remodeled playground, picnic areas, site lighting, landscaping, and pathways.

RELEVANT SCOPE
Community center building with classrooms, playground structure, shading structure, landscape with irrigation, park-like seating, parking lot design, and plaza design.

KEY TEAM MEMBERS
Andrew Goodwin (Principal Architect), Michael Demartini (Senior Project Architect), Michelle McCovey Good (Structural Engineer), Al Yakel (Fire Engineer).

Packet Page 103
H
SAMPLE
PLANS
Packet Page 104
DN
DN
DN
DN
UP
2'
3'
3'
2'
3'
3'
3'
3'
3'
3'
2'
DN
EXT 2X6 WOOD STUD WALL @ 16" O.C. W/ R-19 CELLULOSE
INSULATION BY GREENFIBER. EXTERIOR FINISH PER EXTERIOR
ELEVATIONS. RE: &
EXT 2 HR RATED WOOD STUD WALL @ 16" O.C. W/ R-19
CELLULOSE INSULATION BY GREENFIBER. INS541LD. EXTERIOR
FINISH PER EXTERIOR ELEVATIONS. RE:

INT 2X6 WOOD STUD WALL @ 16" O.C. R-13 KNAUF ECOBATT
SOUND BATT INSULATION. RE:

INT 1 HR RATED 2X6 WOOD STUD WALL @ 16" O.C. W/ 5"
THERMAFIBER SAFB, STC 50, UL DES U327 INTERIOR FINISH PER FINISH PLAN AND INTERIOR ELEVATIONS. RE:

INT 2X4 WOOD STUD WALL @ 16" O.C. W/ R-13 KNAUF ECOBATT SOUND BATT INSULATION. RE:

INT 2X6 WOOD STUD WALL @ 16" O.C. W/ R-13 KNAUF ECOBATT SOUND BATT INSULATION. 2 LAYERS OF GYP ON BOTH SIDES.

RE:
6" FURRING WALL WITH 6" X 6" HSS COLUMNS @ 4' O.C.C W/ R-21 BATT INSULATION. RE:
10" CONCRETE SHEAR WALL. PER STRUCTURAL.

INT. 1 HR. RATED DOUBLE 4" (20 GA.) STEEL STUD WALL @ 16" O.C. W/ 1" AIR GAP BETWEEN STUDS. 2 LAYERS OF KNAUF
ECOBATT SOUND BATT INSULATION. STC 61. RE:
2X FLAT STUD FURR WALL. RE:

LEGEND: WALL TYPES

1. 2.

3. 4.

5. NOTE: INTERIOR FINISHES PER INTERIOR FINISH PLANS AND INTERIOR ELEVATIONS.

EXTERIOR FINISHES PER EXTERIOR ELEVATIONS.
40 / A5.01
45 / A5.01
- / ---
43 / A5.01
31 / A5.01

6. 32 / A5.01

7. 33 / A5.01

8. 34 / A5.01

9. 10. 35 / A5.01
41 / A5.01

WALL, CABINET BELOW
LEGEND: FLOOR PLAN
LINE OF CEILING/ SOFFIT ABOVE.

ACCESSIBLE CLEARANCES
CARPET

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.

ALL DIMENSIONS AT NEW WALLS ARE TO BE TO INTERIOR FINISH FACE. U.N.O.

DO NOT SCALE FROM PLANS. FIELD VERIFY ALL DIMENSIONS AND REPORT ANY DISCREPANCIES TO ARCHITECT AT ONCE.

CONTRACTOR TO VERIFY FIRE RATINGS AND OTHER GENERAL CHARACTERISTICS OF EXISTING FEATURES BEFORE CONSTRUCTION. ANY DIFFERENCES FROM THE PLANS MUST BE BROUGHT TO THE ATTENTION OF THE ARCHITECT.

GENERAL CONTRACTOR TO VERIFY OR PROVIDE NEW SIGNAGE AS REQUIRED TO COMPLY WITH APPLICABLE BUILDING CODES. ALL SIGNAGE SHALL COMPLY WITH

ACCESSIBILITY GUIDELINES AND CBC, INCLUDING BUT NOT LIMITED TO PROPORTION, COLOR, CONTRAST AND RELIEF, FONT STYLE AND GRADE 2 BRAILLE REQUIREMENTS. AFFIX AN INTERNATIONAL ACCESSIBILITY SYMBOL ON ALL ACCESSIBLE ENTRANCES PER APPLICABLE CODE. RE: G1.0
ALL WORK SHALL BE IN COMPLIANCE TO LOCAL BUILDING CODES. CONTRACTOR

TO SUBMIT A RFI (REQUEST FOR INFORMATION) TO THE ARCHITECT ON RECORD

FOR CLARIFICATION OF CONSTRUCTION METHODS, DETAILS OR SPECIFICATIONS AS NEEDED.

FURNITURE IN PLANS IS ONLY DIAGRAMMATIC. NOT FOR CONTSTRUCTION.

CONTRACTOR TO VERIFY FURNITURE W/ OWNER PRIOR TO CONSTRUCTION.

CONTRACTOR TO SUBMIT MILLWORK SHOP DRAWINGS TO ARCHITECT FOR APPROVAL.

ALL MILLWORK TO COMPLY W/ W.I.C. CUSTOM STANDARDS. PROVIDE MILLWORK GROMMETS FOR ACCESS TO ELECTRICAL DEVICES LOCATED UNDER COUNTER.

PROVIDE BACKING AT CABINETRY.

PLACE ALL ELECTRICAL AND PHONE OUTLETS @ 15" A.F.F. TO CENTER OF COVER

PLATE UNLESS AT FIXED CABINETRY OR AS SPECIFIED OTHERWISE COORDINATE ELECTRICAL OUTLETS WITH CABINETS, INCLUDING THOSE ABOVE COUNTER TOPS.

ALL DOOR HARDWARE TO BE LEVER ACTION.

PROVIDE SILENCERS AND DOOR STOPS AT ALL DOORS. USE WALL STOPS ONLY.

NO FLOOR MOUNT DOOR STOPS.

PROVIDE WATER RESISTANT GYPSUM BOARD AT WALLS WITH PLUMBING FIXTURE PROVIDE 5/8" GMMU (CEMENT BOARD) OVER 2-LAYER #15 FELT AT ALL WALLS SCHEDULED FOR TILED FINISH.

PROVIDE PLUMBING PER ENGINEERED PLUMBING DRAWINGS AND
SPECIFICATIONS.

ALL FIXTURES TO BE WATER-CONSERVING LOW FLOW FIXTURES INCLUDING THE FAUCET AND TOILET. THE TOILET WILL ALSO BE EQUIPPED WITH A "DUAL-FLUSH" TO FURTHER CONSERVE WATER. THE FAUCET SHALL BE EQUIPPED WITH A TIMED MOTION SENSOR TO REDUCE WATER USEAGE.

PROVIDE ACCESSIBLE COUNTER SPACE AT LOBBY. CONTRACTOR TO SUBMIT

SHOP DRAWINGS OF COUNTER/CASEWORK TO ARCHITECT PRIOR TO CONSTRUCTION. RE: DETAILS FOR ACCESSIBLE HEIGHTS AND CLEARANCE REQUIREMENTS.

CLEAR FLOOR SPACE REQUIRED ON EACH SIDE OF DOOR AND CLEARANCE AT

DOOR STRIKE SIDE AS SHOWN - SEE DETAIL

SEE ENLARGED PLANS, FINISH SCHEDULE AND INTERIOR ELEVATIONS FOR FURTHER DETAIL.

U.O.N. TYP. JAMB TO BE INSTALLED 6" FROM NEAREST PERPENDICULAR WALL ON HINGE SIDE.

GENERAL NOTES: FLOOR PLAN
34 / A5.00
718.2.2 CONCEALED WALL SPACES

FIREBLOCKING SHALL BE PROVIDED IN CONCEALED SPACES OF STUD WALLS AND

PARTITIONS, INCLUDING FURRED SPACES, AND PARALLEL ROWS OF STUDS OR STAGGERED STUDS, AS FOLLOWS:

1. VERTICALLY AT THE CEILING AND FLOOR LEVELS.

2. HORIZONTALLY AT INTERVALS NOT EXCEEDING 10 FEET (3048 MM). 718.2.3 CONNECTIONS BETWEEN HORIZONTAL AND VERTICAL SPACES

FIREBLOCKING SHALL BE PROVIDED AT INTERCONNECTIONS BETWEEN CONCEALED

VERTICAL STUD WALL OR PARTITION SPACES AND CONCEALED HORIZONTAL SPACES

CREATED BY AN ASSEMBLY OF FLOOR JOISTS OR TRUSSES, AND BETWEEN CONCEALED

VERTICAL AND HORIZONTAL SPACES SUCH AS OCCUR AT SOFFITS, DROP CEILINGS, COVE CEILINGS AND SIMILAR LOCATIONS.
718.2.5 CEILING AND FLOOR OPENINGS
WHERE REQUIRED BY SECTION 712.1.7, EXCEPTION 1 OF SECTION 714.4.1.2 OR SECTION 714.4.2, FIREBLOCKING OF THE ANNULAR SPACE AROUND VENTS, PIPES, DUCTS,

CHIMNEYS AND FIREPLACES AT CEILINGS AND FLOOR LEVELS SHALL BE INSTALLED WITH

A MATERIAL SPECIFICALLY TESTED IN THE FORM AND MANNER INTENDED FOR USE TO

DEMONSTRATE ITS ABILITY TO REMAIN IN PLACE AND RESIST THE FREE PASSAGE OF FLAME AND THE PRODUCTS OF COMBUSTION.
718.2.6 EXTERIOR WALL COVERINGS

FIREBLOCKING SHALL BE INSTALLED WITHIN CONCEALED SPACES OF EXTERIOR WALL

COVERINGS AND OTHER EXTERIOR ARCHITECTURAL ELEMENTS WHERE PERMITTED TO BE OF COMBUSTIBLE CONSTRUCTION AS SPECIFIED IN SECTION 1406 OR WHERE ERECTED WITH COMBUSTIBLE FRAMES. FIREBLOCKING SHALL BE INSTALLED AT MAXIMUM INTERVALS OF 20 FEET (6096 MM) IN EITHER DIMENSION SO THAT THERE WILL BE NO CONCEALED SPACE EXCEEDING 100 SQUARE FEET (9.3 M2) BETWEEN FIREBLOCKING. WHERE WOOD FURRING STRIPS ARE USED, THEY SHALL BE OF APPROVED WOOD OF NATURAL DECAY RESISTANCE OR PRESERVATIVE-TREATED WOOD.

IF NONCONTINUOUS, SUCH ELEMENTS SHALL HAVE CLOSED ENDS, WITH AT LEAST 4 INCHES (102 MM) OF SEPARATION BETWEEN SECTIONS.

GENERAL NOTES: FIREBLOCKING
E1
E3
3 2
(EXISTING) 4' - 0" 14' - 10 7/8" 4' - 0" 7' - 5 1/8" (EXISTING) 6"
196 SEATS
109
104
103

ADA SINGLE, SIDE

ADA SINGLE, SIDE ADA

SINGLE, REAR
ADA

SINGLE, REAR

ADA SINGLE, SIDE
[No Slope]
5%
[No Slope]
1/2" / 12"
5%
[No Slope]
1/2" / 12"
5% 5%
F.E.

F.E.

F.E.
4 A B C E F
107 SF
OFFICE
102
471 SF
LOBBY
100 97 SF

AV ROOM
105
96 SF

CONCESSIONS
101
133 SF

MEN'S RESTROOM
104
2292 SF

THEATER
107
182 SF

WOMEN'S RESTROOM
106
110
423 SF

KITCHEN
110
205 SF

HALLWAY
109
804 SF

CLASSROOM
117
366 SF

CLASSROOM/STORAGE
118
209 SF

GREEN ROOM
119
31 SF

STORAGE
112
146 SF

WOMEN'S RESTROOM
113
117
117A
109A

LANDING
5' - 0"

LANDING
5' - 0"
5% SLOPED WALK
20' - 2 1/8"
1 133 SF

LOBBY/ CONCESSIONS
115
145 SF

MEN'S RESTROOM
114
6' - 6" 20' - 10 5/8" 8' - 2 1/2"
A2.20
54 A2.20
24 A2.21
55 A2.22
55 A2.22
53 52
A3.10
53 A3.10
54 A3.10
32 A3.10
A2.21
45 53
A4.10
54 A4.10
54 A1.1
A1.1
52 DS DS
DS
DS
DS

26.02 2.04

5.01 10.01

33.01 2.05

2.05 2.06

2.07 3.03

6.04 6.06

3.01 3.03 1.05 6.06

3.01 3.01

3.01 22.04 1.10

21.02 1.07

8.04 1.01 8.02

8.03 26.01

22.02 113114
112
110A
119
118
106
303 SF

OUTDOOR CLASSROOM
116
55 SF

ELECTRICAL
103
102
16 SF

FIRE RISER
111
47 SF

GREEN ROOM RESTROOM
120
119A
116
111
108
3' - 4 1/2"
A2.24
55 A2.24
25 A2.24
23 A2.24
45 3' - 0"
51 A3.10
698 SF
LOBBY
127
55 A3.00
54 A3.00
52 A3.00
51 A4.10
41 A4.10
31 A4.10
21 A4.10
52 A4.10
1 1/8"
5%
4' - 0"
CLR.

D
8' - 0" O.H. 8' - 0" O.H. CLR.
4' - 3" 32.05 5 BIKE RACK BOLLARDS
2 9
4 4
4 1
3 3
3 3
1 1

32.26 4
4 4
3 3
4 5
5 9
3 3
3 3
3 3
3 3
1 1
8 8
TYP.

TYP. TYP.

1.07 TYP.

32.16 22.03

14.03 6.07

21.03 3.04

21.05 21.05

12.01 6.06 6.06
569 SF
STAGE
128

32.21 1.12

20.01 22.07

26.06 26.06
565 SF

SCENE DOCK
108
100A
100B
104A
106B 106A
106C
115
ST3
ST1 ST2 113A
114A 113B
821 SF
STAGE
109

5.01 26.10
F.E.

22.10 E2
117B
117C 33 SF

STORAGE
117S
A6.21
25 24
A6.21
15 A6.21

12.04 12.04
23' - 11 1/2" 3' - 0 3/4" 5' - 4 1/2" 5' - 9 3/4" 11' - 8 3/4" 7' - 2 1/8" 13' - 11 1/4" 7' - 4 1/2" 5' - 9 3/8" 6' - 4 1/8" 14' - 10 1/8"1' - 6" 9' - 7 1/4" 5' - 6 3/4" 16' - 6 1/4" 3' - 1 1/2" 6' - 6 5/8" 10' - 9 1/4" 13' - 2 1/8" 2' - 11 1/2" 7' - 2 1/2" 2' - 6 1/2"
8' - 1 5/8" 2' - 8"2' - 8" 7' - 8 1/8" 5' - 8 3/8" 4' - 6 7/8" 4' - 8 3/4" 1' - 6 5/8"
10' - 3 1/2"
5' - 10"
5' - 9 3/8"
1' - 7"
2' - 9 3/8" 3' - 10" 10' - 4 1/8" 5' - 10 1/8"
9 1/4"
7' - 9 7/8"
2' - 9 5/8" 19' - 2 3/8" 13' - 5 3/4" 6' - 8 5/8"
2' - 11 7/8" 8' - 10 3/8" 10' - 4 1/2" 10' - 0 5/8" 10' - 1 3/4" A5.02 35 TYP
---
- TYP
A5.02
34 TYP 44
A5.02
4 21.03
6' - 0"
6' - 0" 10' - 10 7/8"
177' - 5 5/8"
49' - 11 1/4"
2' - 5 3/4" 6"
84' - 1 1/8" 40' - 5 1/2"

1.02 TYP.
88' - 7 3/4"
33' - 5" 14' - 7 3/8" 40' - 7 3/8"
8' - 6 7/8" 8' - 1 1/8" 3' - 3 1/2" 3' - 7" 12' - 0 1/2" 5' - 0"

5.14 5.14

32.26 6
6 7

9.14 9.14

21.11 21.11

21.11 21.06

21.11 12' - 11"
46 1/2"
45" 45"
46 1/2"

5.11 TYP.

5.11 TYP.
3 4
E F 9 1/4" 7' - 7"
5" 8' - 7 3/8"
4' - 2 1/2"
16' - 4"
204
205
201
INT. 1
INT. 1
INT. 2 INT. 2
202
DATA
RACK W.H.
8' - 9"
6' - 0"

OPEN TO BELOW
9 1/4" 7' - 7"
5" 8' - 7 3/8"
4' - 2 1/2"
6' - 11 1/8" 9' - 4 7/8"
204
205
201
INT. 1
INT. 1
INT. 2 INT. 2
202
DATA
RACK W.H.
8' - 9"
6' - 0"
96 SF

PROJECTOR
204
43 SF
MDF
205
55 SF
OFFICE
201
47 SF
MECH
202
184 SF

PROJECTOR OFFICE
200
(F.F. @ 88.5')
(F.F. @ 88.5')
(F.F. @ 88.5')
(F.F. @ 88.5') (F.F. @ 88.5')
546 SF

PRIVATE LOUNGE
203
F.E.
52 A3.10
53 A4.10
51 A4.10
41 A4.10
52 A4.10
A2.24
54 1.09
INT. 4INT. 4
3 22.10
E2
E2

12.04 40' - 5 1/2"
40' - 7 3/8"
10 10
10 10
E1 7
5 2
1 EXISTING 12" UNREINFORCED MASONRY WALL
LEGEND: EXISTING WALL TYPES
EXISTING 4" WALL
EXISTING 6" WALL
NOTE: ALL EXISTING WALLS DIMENSIONED TO FACE OF STUD, U.O.N. DIMENSIONS TO BE FIELD VERIFIED.

EXISTING LEVEL 1: 4,949 SF
EXISTING LEVEL 2: 465 SF
EXISTING THEATER: 2,262 SF
RESTORE/ UPDATE LEVEL 1: 4,949 SF
RESTORE/UPDATE LEVEL 2: 465 SF
ADDITION LEVEL 1: 4,704 SF
ADDITION LEVEL 2: 806 SF
TOTAL INTERIOR: 10,924 SF
EXTERIOR LAWN & STAGE: 3,500 SF
EXTERIOR CLASSROOM DECK: 295 SF
TOTAL COMPLETED: 14,719 SF

AREA CALCULATIONS

NOT FOR

CONSTRUCTION PROJECT

SHEET TITLE

SHEET NUMBER
PROJECT MANAGER:

TECHNICIAN:

DATE:

JOB NUMBER:

SEAL
CLIENT
These drawings are instruments of service
and are the property of Andrew Goodwin
Designs, Inc. The information represented on
these drawings are exclusively for the project
indicated and shall not be transferred or
otherwise reproduced without express written
permission of Andrew Goodwin.

Copyright 2024

ANDREW GOODWIN DESIGNS
2050 PARKER ST.

SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
A2.01
01/13/2025
TAK
MD
825

PROPOSED FLOOR PLANS

CITY OF GUADALUPE

GUADALUPE ROYAL THEATER
848 GUADALUPE STREET,
GUADALUPE, CA 93434
0' 8' 24' 48'

KEYNOTE LEGEND
Key Value Keynote Text

1.01 ROOF LINE ABOVE.

1.02 PROPERTY LINE.

1.05 SOFFIT ABOVE FOR STRUCTURE/DUCTING. RE: SECTIONS AND WALL SECTIONS

1.07 LINE OF FLOOR SLOPE CHANGE. RE: ENLARGED THEATER PLAN, SECTIONS.

1.09 FUTURE SPOTLIGHT AREA. KEEP CLEAR

1.10 LINE OF EXISTING SOFFIT (PROSCENIUM) ABOVE

1.12 EXTERIOR SITE WORK. RE: A1.0.

2.04 AREA OF EXISTING PIT UNDER STAGE. FIELD-VERIFY.

2.05 HISTORIC PRESERVATION REQUIRED. EXISTING URM TO REMAIN IN PLACE. SEE STRUCTURAL.

2.06 HISTORIC PRESERVATION REQUIRED. SEE FINISH PLAN FOR EXTENT OF WORK AT LOBBY.

2.07 HISTORIC PRESERVATION REQUIRED. SEE EXTERIOR ELEVATIONS FOR EXTENTS

OF WORK AT FACADE

3.01 NEW (RAISED) POURED CONCRETE FLOOR OVER EXISTING SLAB. RE: ENLARGED THEATER PLAN AND SECTIONS.

3.03 NEW SLAB PER STRUCTURAL. FINISHES PER FINISH PLAN.

3.04 CAST-IN-PLACE CONCRETE STAIR W/36"H. RAILING AND 42" H. GUARDRAIL.

5.01 EXPOSED STRUCTURE USED AS LIGHT TREE FOR STAGE LIGHTING. RE: AV PLANS.

5.11 HSS COLUMN. RE: STRUC. DRAWINGS.

5.14 42"H PC STEEL GUARD RAIL W/ HAND RAIL SYSTEM. VIVA RAILINGS, PG-09 HANZAT. RE: 31/A5.30

6.04 BUILT-UP WOOD FLOOR AREA FOR ADA SEATING. RE: ENLARGED THEATER PLAN, SECTIONS.

6.06 ADA ACCESSIBLE RESTROOM STALL IN MULTIPLE ACCOMMODATION RESTROOM.

RE: A2.21 AND A2.22.

6.07 WOOD STAIR PER FLOOR PLAN. RE: DETAILS ON SHEET A5.30.

8.02 DOOR TYPE A. GARAGE DOOR SYSTEM, CLOPAY VERTISTACK VS940U, ALUM

ANODIZED, CLEAR IMPACT-RATED CLASS, INSULATED, HOOD ENCLOSURE, MOTORIZED LIFT. PROVIDE POWER AND SWITCH. RE: 13/A6.21 AND 15/A6.21

8.03 DOOR TYPE B. ACCORDION PARTITION SYSTEM, MODERNFOLD, SOUNDMASTER, 12M, SPLIT CONFIGURATION. RE: 24/A6.21 AND 25/A6.21

8.04 E-27 30X30 ROOF ACCESS HATCH ABOVE. ACUDOR RHG-LA.

9.14 CORTEN STEEL WALL FINISH. RE: 41/A5.01 & 42/A5.01. SEE EXTERIOR ELEVATIONS.

10.01 ACCESSIBLE SERVICE COUNTER. RE. DETAILS: 13-15/A5.07

12.01 MAKEUP TABLE IN PRIVATE GREEN ROOM

12.04 INSTALL (4) REFURBISHED THEATER SEATS W/ END CAPS AT THIS LOCATION.

14.03 VERTICAL PLATFORM LIFT, AVPL 36X60 90 DEG PLATFORM W/ BATTERY BACKUP.

RE: 41/A5.20 AND SHEET A2.24

20.01 RANGE HOOD. RE: MECHANICAL DRAWINGS.

21.02 FIRE SPRINKLER RISER LOCATION. SEE SPRINKLER PLANS.

21.03 1-HR RATED CHASE

21.05 EMSHIELD WFR2 SYSTEM SEISMIC SEAL. RE: SHEET A5.03

21.06 CLASS K FIRE EXTINGUISHER AT THIS LOCATION

21.11 FIRE EXTINGUISHER RECESSED IN WALL PER DETAIL 44/A5.07.

22.02 WATER FOUNTAIN. ELKAY LZSTL8WSLP. RE: 41/A5.00 & PLUMB. DRAWINGS.

22.03 GAS METER. RE: PLUMBING PLANS & CIVIL PLANS.

22.04 FLOOR SINK. SEE PLUMBING

22.07 WATER SERVICE LOCATION. RE: PLUMBING PLANS.

22.10 WATER HEATER LOCATION. RE: PLUMBING PLANS.

26.01 LOCATION OF ELECTRICAL SWITCHGEAR. RE: ELEC DRAWINGS.

26.02 ELECTRICAL METER MAIN. SEE ELECTRICAL PLANS.

26.06 ELECTRICAL PANELS LOCATION. RE: ELEC DRAWINGS.

26.10 L-6 PEARED CREATION WALL SCONCE. RE: A2.10

32.05 BIKE RACK BOLLARD. RELIANCE FOUNDTRY R-7972. RE: LANDSCAPE PLANS.

32.16 NEW LOADING DOCK WITH DRAIN AT BASE. RE: CIVIL DRAWINGS.

32.21 SLAB ON GRADE CONCRETE STAGE. 2% MAX SLOPE. RE: CIVIL DRAWINGS.

32.26 NEW LINK AND LOCK SELF-SUPPORTED FENCE. RE: 14, 15, & 25 ON SHEET A5.03.

33.01 SINGLE OCCUPANCY ACCESSIBLE TOILET ROOM. RE: 45/A2.21. 54 1/8" = 1'-0"

FIRST FLOOR PLAN

REVISIONS
REV # REV DATE REV DESCRIPTION
52 1/8" = 1'-0"

SECOND FLOOR PLAN
Packet Page 105
Packet Page 106
Packet Page 107
Packet Page 108
Packet Page 109
Packet Page 110
Packet Page 111
Packet Page 112

12.01 12.01

12.01 2.01

12.01 12.01

12.01 12.01

12.01 12.01

12.01 12.01

12.01 2.06

2.06 2.08 2.07

2.09 2.02

2.06 2.10

2.01 2.03

2.04 2.03

2.05 2.09

2.03 2.07

2.06 WORK ROOM
100

12.01 12.01

12.02 WORK ROOM
100

22.02 11.01

11.06 11.02

11.05 22.02

22.04 22.03

11.08 11.03

11.04 11.08

11.05 11.07

11.02 22.02

11.04 22.01

12.03 11.02

11.04 11.07
4' - 6"
4' - 0"
4' - 6"

11.10 11.09

11.04 4' - 6"
13 A5.00
A5.00
12 22
A5.00 3.01

11.12 3.02

11.11 1. ALL DIMENSIONS AT ARE TO INTERIOR FINISH FACE. U.N.O.

2. CONTRACTOR SHALL VERIFY EXISTING CONDITIONS AT THE PROJECT SITE AS DESCRIBED IN THE CONTRACT DOCUMENTS PRIOR TO STARTING WORK. IF THERE

IS ANY DISCREPANCY BETWEEN THE DRAWINGS AND THE EXISTING CONDITIONS, THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY.

3. PREVENT DEBRIS FROM BEING DEPOSITED ON ADJACENT AREAS, WALKWAYS, AND STREETS.

4. CAP ALL ABANDONED UTLITIES BELOW FLOOR ABOVE CEILING OR AS INDICATED ON DRAWINGS.

5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTINUOUS CLEAN UP OF THE

SITE OF ALL DEBRIS, WHETHER CREATED BY HIS WORK OR THE FAILURE OF HIS SUBCONTRACTORS TO CLEAN UP THEIR WORK.

6. ALL LIFE/SAFETY EQUIPMENT DISTURBED BY NEW CONSTRUCTION SHALL BE REINSTALLED.

7. REMOVE AND REPLACE PORTIONS OF GYPSUM WALL BOARD TO ACCOMMODATE NEW WORK. TEXTURE AND PAINT TO MATCH EXISTING ADJACENT CONDITIONS.

GENERAL NOTES: DEMOLITION FLOOR PLAN

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

ALL DIMENSIONS AT NEW WALLS ARE TO BE TO INTERIOR FINISH FACE. U.N.O.

DO NOT SCALE FROM PLANS. FIELD VERIFY ALL DIMENSIONS AND REPORT ANY DISCREPANCIES TO ARCHITECT AT ONCE.

CONTRACTOR TO VERIFY FIRE RATINGS AND OTHER GENERAL CHARACTERISTICS OF EXISTING FEATURES BEFORE CONSTRUCTION. ANY DIFFERENCES FROM THE PLANS MUST BE BROUGHT TO THE ATTENTION OF THE ARCHITECT.

ALL WORK SHALL BE IN COMPLIANCE TO LOCAL BUILDING CODES. CONTRACTOR

TO SUBMIT A RFI (REQUEST FOR INFORMATION) TO THE ARCHITECT ON RECORD

FOR CLARIFICATION OF CONSTRUCTION METHODS, DETAILS OR SPECIFICATIONS AS NEEDED.

CONTRACTOR TO SUBMIT METAL CABINET SHOP DRAWINGS TO ARCHIECT FOR REVIEW.

PROVIDE WALL BACKING SUPPORT FOR ALL WALL CABINETRY, WALL MOUNTED EQUIPMENT AND FURNISHING.SEISMIC ANCHORING PER MANUFACTURER SEE DETAIL 24/A5.00.

PROVIDE WATER RESISTANT GYPSUM BOARD AT WALLS WITH PLUMBING FIXTURE

PROVIDE PLUMBING PER ENGINEERED PLUMBING DRAWINGS AND
SPECIFICATIONS.

ALL PLUMBING FIXTURES TO BE WATER-CONSERVING LOW FLOW FIXTURES

FOR TYPICAL INFORMATION REGARDING ACCESSIBLE CLEARANCES, AND FIXTURE MOUNTING HEIGHTS, SEE A5.00

LABORATORY FLOOR SHALL BE CHEMICALLY RESISTANT TO VARIOUS ACIDS,

BASES, AND SOLVENTS, NON-SLIP, SEAMLESS TO PREVENT LIQUID PENETRATION,

EASY TO CLEAN, DURABLE AGAINST WEAR AND PRESSURE, AND IDEALLY HAVE

ELECTROSTATIC DISSIPATIVE (ESD) PROPERTIES TO ENSURE SAFETY AND PREVENT DAMAGE TO SENSITIVE EQUIPMENT IN THE LAB ENVIRONMENT; IT

SHOULD ALSO BE ABLE TO WITHSTAND HIGH TRAFFIC AND POTENTIAL CHEMICAL SPILLS.

CONTRACTOR TO COORDINATE COUNTERTOP VACUUM SYSTEM AT ALL APPLICABLE LOCATIONS. SEE PLUMBING DRAWINGS.

GENERAL NOTES: FLOOR PLAN
EXISTING DOOR, FRAME AND HARDWARE TO REMAIN.

EXISTING WALL TO REMAIN.

EXISTING WINDOW GLAZING FRAME AND TRIM TO REMAIN.

REMOVE EXISTING WINDOW GLAZING, FRAME AND TRIM.
2x WOOD STUD WALL INFILL, MATCH WIDTH OF EXISTING
ADJACENT CONDITIONS.

PORTION OF BUILDING NOT IN ARCHITECTURAL SCOPE OF
WORK

REMOVE PORTION OF EXISTING FLOOR FINISH AND CONCRETE
SLAB TO ACCOMMODATE NEW WORK. SEE PLUMBING.

NEW FLOOR FINISH TO MATCH EXISTING ADJACENT CONDITIONS
OVER NEW CONCRETE SLAB. THICKNESS TO MATCH EXISTING
ADJACENT SLAB ON GRADE WITH #3 @ 12 O.C EA. WAY (4000
PSI), SEE DETAIL 14/A5.00 FOR CONCRETE SLAB INFILL
LEGEND

PROJECT

SHEET TITLE

SHEET NUMBER
PROJECT MANAGER:

TECHNICIAN:

DATE:

JOB NUMBER:

SEAL
CLIENT
These drawings are instruments of service
and are the property of Andrew Goodwin
Designs, Inc. The information represented on
these drawings are exclusively for the project
indicated and shall not be transferred or
otherwise reproduced without express written
permission of Andrew Goodwin.

Copyright 2023

ANDREW GOODWIN DESIGNS
architect: andrew goodwin, aia
[email protected]
1238 MONTEREY STREET
SAN LUIS OBISPO, CA 93422
t: (805) 439-1611
www.andrewgoodwin.us
A2.04
02/21/2024
RT
TP
774

DEMOLITION &

PROPOSED FLOOR
PLAN

SLO COUNTY WATER

QUALITY LAB
1355 KANSAS AVE. SAN LUIS
OBISPO, CA 93405

KEYNOTES

2.01 REMOVE EXISTING STORAGE.

2.02 REMOVE EXISTING FLAMABLE MATERIAL STORAGE AND
SALVAGE TO OWNER.

2.03 REMOVE EXISTING EXPOSED UTILITY, SEE PLUMBING.

2.04 REMOVE EXISTING FUME HOOD.

2.05 REMOVE EXISTING BASED CABINET AND COUNTERTOP,
TYP.

2.06 EXISTING UTILITY TO REMAIN, SEE PLUMBING.

2.07 REMOVE EXISTING SINK, SEE PLUMPING.

2.08 REMOVE EXISTING EMERGENCY WASH, SEE PLUMBING.

2.09 EXISTING DRAIN INLET TO REMAIN.

2.10 REMOVE AND REINSTALL FIRE BLANKET. SEE
PROPOSED FLOOR PLAN 44/A2.04.

3.01 FLOOR FINISH & NEW CONCRETE SLAB THICKNESS TO
MATCH EXISTING SLAB ON GRADE W/ #3 @ 12" O.C. EA.

WAY (4000 PSI). SEE DETAIL 14/A5.00.

3.02 NEW EPOXY FLOOR COATING. 10MIL MIN. EVERLAST OR
EQUIV. W/ RUBBER BASE

11.01 METAL BASE CABINETS, PAINTED, MANUFACTURE:

LABTECH SUPPLY COMPANY OR EQUAL, SEE INTERIOR
ELEVATIONS, TYP.

11.02 METAL UPPER CABINETS, PAINTED MANUFACTURE:

LABTECH SUPPLY COMPANY OR EQUAL, SEE INTERIOR
ELEVATIONS. TYP.

11.03 TALL METAL CABINETS, PAINTED, MANUFACTURE:

LABTECH SUPPLY COMPANY OR EQUAL. SEE INTERIOR
ELEVATIONS. TYP.

11.04 GABAGE/RECYCLING BIN. SEE INTERIOR ELEVATIONS.

11.05 METAL ISLAND COUNTERTOP CABINETS, PAINTED,
MANUFACTURE: LABTECH SUPPLY COMPANY OR
EQUAL, SEE INTERIOR ELEVATIONS. TYP.

11.06 FUME HOOD. SEE EQUIPMENT PLAN AND MECHANICAL,
PLUMBING AND ELECTRICAL.

11.07 3 5/8" METAL STUD LOW WALL BELOW COUNTERTOP.

11.08 32" LINEAR CHANNEL DRAIN WITH PERFORATED DRAIN
GRATE, KOHLER K-80646-NA WITH KOHLER K-80661-BNK
OR EQUAL, SEE PLUMBING.

11.09 EPOXY COUNTERTOP. MANUFACTURE: LAB TECH
SUPPLY COMPANY OR EQUAL. SEE INTERIOR
ELEVATIONS, TYP. INTEGRAL 6 INCH SS BACK SPLASH

11.10 METAL CLOSURE PANEL BY CABINET MANUFACTURE,
TYP.

11.11 18X24 INTEGRAL SS SINK

11.12 REPLACE FUME HOOD DUCT CONTINUOUS THROUGH

ROOF W/ NEW ROOF JACK, CAP, AND FLASHING SEE

MECHANICAL

12.01 EQUIPMENT. SEE EQUIPMENT PLAN.

12.02 RELOCATED FIRE BLANKET.

12.03 36x30 WALL MOUNTED EPOXY DRYING RACK.

22.01 KLEMPNER PROFESSIONAL PULL DOWN SPRAY
FAUCET, SEE PLUMPING.

22.02 QUICK CONNECT NOZZLE. SEE PLUMPING AND
MECHANICAL.

22.03 EMERGENCY SHOWER. SEE PLUMBING.

22.04 HAND WASH SINK WITH EMERGENCY EYE WASH
STATION. SEE: 21/A5.00 AND PLUMPING.
34 1/4" = 1'-0"

DEMOLITION FLOOR PLAN
44 1/4" = 1'-0"

PROPOSED FLOOR PLAN

PROJECT
NORTH

REVISIONS
REV # DATE REV DESCRIPTION
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PROJECT

MANAGEMENT
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SCHEDULING

PRINCIPAL-IN-CHARGE UNDERSTANDING
It is understood that the City of Seaside must have the best team to complete projects on a schedule and in budget.

The Principal-in-Charge, Andrew Goodwin, AIA, and the Senior Project Architect, Michael DeMartini, AIA, have worked together for almost two decades on civic and municipal projects. The two architects have overseen and managed the deliverable of recent community projects such as the LeRoy Park Community Center (remodel) and the Conejo Community Center and Park (new). They will work to schedule all projects for the city, and Senior Project Architect, Michael DeMartini will be the direct point-of-contact to start each project. This is our first step in scheduling all projects.

STAFFING
AGD has allocated staff that can be available during the duration of the contract in order to have a consistent workforce leading the architecture/engineering team. This is not to say that we cannot add more designers, drafters, or managers to help during crunch time if it is necessary. We typically staff a contract of this size with one Principal Architect, one Senior Project Architect (QA/QC Architect), one Project Manager, and two designers or job captains. The other two staff members that will be on our team to start include Project Manager Kristin Fauske and Job Captain Taylor Kortas. Both of these design team members have experience in the Monterey Bay area.

SHORT TIMELINES
Our team is used to working with agencies on schedules due to pressures such as grant funding deadlines, and we recently turned around a three month construction document schedule for the FoodLink of Tulare County food bank and agroecology center. Also, this same team also was tasked to complete a construction document phase for a 100,000 square foot hotel and event center in Truckee, California in only four months. These schedules require the architects to manage weekly meetings, thorough deliverable schedules, and detailed notes and documentation.

PROJECT MANAGEMENT AND COMMUNICATION
AGD has relied on a central system of project management for many years. This means that the client has one point of contact and all communication between the AGD team and the client go through that person. This point of contact relays all communication to the design team and logs all activity so that there is a clear record of the project.

The AGD point of contact will be the Senior Project Architect on the job, and will be in charge of all meeting agendas and notes. Our team likes to provide written documentation of all decision making that happens through the various meetings that occur. These are shared with the clients and provided at the project close out as needed. All deliverables will be coordinated by the AGD point of contact.

Finally, all documentation of the project is managed through a digital platform (most commonly Dropbox) so that the client has access to final deliverables to share as needed. These documents will be combined and shared at the final project deliverable. The project manager will record all these deliveries and relay completion of the project to the team.

QUALITY ASSURANCE AND QUALITY CONTROL PLAN
AGD approaches Quality Assurance on large and small projects as a core principle that reinforces our client and contractor relationships. Our perspective of quality is to make it an integral step in the preparation of construction documents. We utilize Quality Control (QC) and Quality Assurance (QA) throughout our design and documentation process. For us, QC takes place at intervals and milestones during each project phase utilizing our peer review process to ensure that projects meet the established budget and schedule. QA is a continuous, overarching process based on systems that AGD uses to ensure the management of our design quality and working documents are in alignment with the budget and schedule.

This mindset has been established by the leaders in the firm.

AGD utilizes a QC manager (the second architect) to assist the Senior Project Architect in planning and scheduling quality assurance procedures throughout the duration of the project. Members of the design team receive their assignments from this Senior Project Architect. A series of checklists and check-ins are put in place and the Senior Project Architect monitors document production to meet internal and external standards for the project. This effort is led by the Senior Project Architect to coordinate QA throughout the whole team.

PROJECT MANAGEMENT || 18
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J

REFERENCES
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REFERENCES AND EXPERIENCE
AGD has a wonderful history of providing services for projects in alignment with the City of Seaside’s needs. The following is a list of three references from other cities or agencies that can attest to our competency and ability.

REFERENCES FOR PRIME CONSULTANT (AGD)
CITY OF GUADALUPE 918 Obispo Street, Guadalupe, CA 93434 Project: LeRoy Park Community Center and Park
Cost: $4,200,000.00 Phase 1, $1,700,000.00 Phase 2.

Description: Programming and Major Remodel and Addition to existing Community Center and complete renovation of existing community park, playground, and landscape.

Staff: Andrew Goodwin, AIA (Architect, QA/QC Manager), Michael DeMartini (Senior Project Architect) Client Manager: Todd Bodem, City Administrator, [email protected], 805-356-3891 Years: 2018-2022 (first phase), 2023 - present (second phase) CITY OF CAMARILLO 601 Carmen Drive, Camarillo, CA
Project: Renovation of corp yard restrooms and break rooms, renovation of City Hall restrooms, Needs assessment for City Hall.

Cost: TBD.

Description: Interior remodels of existing restrooms, shower rooms, and break rooms. Programmatic needs assessment for a future renovation of the City Hall building.

Staff: Andrew Goodwin, AIA (Architect), Michael DeMartini(QA/QC Architect), Kristen Fauske (PM) Client Manager: Mitchell Cameron, Director of Administrative Services/Chief Innovation Officer, [email protected], 805-383-5432
Years: TBD
CONEJO RECREATION & PARK DISTRICT 403 W Hillcrest Drive, Thousand Oaks, CA 91360 Project: Conejo Community Center and Park
Cost: Greater than $10,000,000.00 estimate.

Description: New 15,000sf community center and renovation to the existing Conejo Community Park, landscaping, and parking lot.

Staff: Andrew Goodwin, AIA (Architect, QA/QC Manager), Michael DeMartini (Senior Project Architect) Client Manager: Andrew Mooney, Senior Park Planner, [email protected], 805-495-6471 Years: 2020 - present

REFERENCES
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CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

NON- CONSTRUCTION PROJECT

ON-CALL ARCHITECTURE AND STRUCTURAL

ENGINEERING
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective AS OF May 1, 2025 between the City of Seaside ("AGENCY"), a municipal corporation and Roesling Nakamura Terada Architects, Inc., a corporation ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on May 1, 2025 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A and Exhibit D, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A and Exhibit D. To the extent that Exhibit E is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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

IV. AGENCY MANAGEMENT
Agency’s City Manager or his/her designee shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due Packet Page 118
to CONSULTANT. Agency’s Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof.

V. PAYMENT
A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate theremainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

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VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, computer discs, and reports prepared by the Contractor under this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, Packet Page 120
the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

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

B. 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 indemnity. 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.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration ofthis AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT Packet Page 121
shall at all times be under CONSULTANT's exclusive direction and control.

Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT.

Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the Packet Page 122
proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrativeproceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

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

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To AGENCY: City of Seaside
440 Harcourt Ave
Seaside Ca, 93955
To
CONSULTANT:

Roesling Nakamura Terada Architects
872 Higuera Street
San Luis Obispo, CA 93401
XVII.ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Tyson Cline, AIA may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of Tyson Cline, AIA from CONSULTANT's employ.

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

Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

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

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

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

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of the Proposal, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict, the requirements of the Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only,and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing.

XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. *** Signatures on next page***
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IN WITNESS WHEREOF, the parties hereto have caused his AGREEMENT to be executed the day and year first above written.

CONSULTANT
By: __________________________ ___________________
(signature) (date)
_______________________________
Name of Consultant
_______________________________ _______________________ Greg McDanel (date)
City Manager
City of Seaside
Attachments:

Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C - Insurance Requirements
Exhibit D – Request for Proposal
Exhibit E – Consultant’s Proposal
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EXHIBIT “A”

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Seaside, as the scope of services under this Agreement, the services described on City’s Request for Proposal for OnCall Architectural and Structural Engineering Professional Services dated January 16, 2025 (Exhibit “D”) which outlines the scope of services and work under this contract, and the approved Consultant’s Proposal dated February 21, 2025 (Exhibit “E”).

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, “not-toexceed” cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit A1, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City’s best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City’s purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre-qualified consultants, based on consultants’ availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City’s Request for Proposal;
3) the Consultant’s proposal.

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EXHIBIT “B”

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to­ exceed cost of $300,000 per contract and $75,000 per assigned task.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum “not-to-exceed” cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

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EXHIBIT C

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

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

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

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

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

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

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

Packet Page 129
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

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

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

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

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

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EXHIBIT D

REQUEST FOR PROPOSAL
Packet Page 133
City of Seaside

REQUEST FOR PROPOSALS
On-Call Architectural and
Structural Engineering Professional Services
ISSUING OFFICE: City of Seaside
Public Works Department
440 Harcourt Avenue
Seaside, CA 93458
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i
Table of Contents
REQUEST FOR PROPOSALS.................................................................................................... 1 SECTION 1 - INSTRUCTIONS AND CONDITIONS ............................................................... 2

1.1 Project Description........................................................................................3

1.2 Information .....................................................................................................4

1.3 Important Notice ............................................................................................5

1.4 Definitions ......................................................................................................5

1.5 Contracting Agency.......................................................................................6

1.6 Legal Responsibilities ...................................................................................6

1.7 Business Tax Certificate ...............................................................................6

1.8 Withdrawal of Proposals ...............................................................................6

1.9 Rejection of Proposals ..................................................................................7

1.10 Evaluation.......................................................................................................7

1.11 Pricing Guidelines .........................................................................................8

1.12 Proprietary Information .................................................................................8

1.13 Tentative Selection Schedule .......................................................................8 SECTION 2 – PROJECT OVERVIEW ....................................................................................... 9

2.1 Introduction..................................................................................................10

2.2 Term of Contract..........................................................................................10

2.3 Scope of Work..............................................................................................10

2.4 Selection and Evaluation Factors...............................................................10

2.5 Inquiries........................................................................................................12

2.6 Contract Incorporation ................................................................................12

2.7 Negotiations .................................................................................................12

2.8 Proposal Format ..........................................................................................12 SECTION 3 - AGREEMENTS .................................................................................................. 13 SECTION 4 – ATTACHMENTS ............................................................................................... 19 Packet Page 135
City of Seaside
On-Call Architectural and Structural Engineering Professional Services

PUBLIC NOTICE

REQUEST FOR PROPOSALS
Request for Proposals (RFPs) must be received by the Public Works Department, no later than 5:00 p.m., February 21st, 2025 via PlanetBids.

Architectural and Structural Engineering Professional Services No proposer shall discriminate in employment practices on the basis of race, color, national origin, ancestry, disability, gender, or religion.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of contract.

The right is reserved by the City of Seaside to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract according to the proposal which best serves the interests of the City.

Dated this 16th day of January 2025 at Seaside, California.

By: Thomas Korman, P.E., P.L.S. Public Works Director/ City Engineer City of Seaside, California
Publication Date: January 16, 2025
Packet Page 136
SECTION 1

INSTRUCTIONS AND CONDITIONS
Packet Page 137
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

1.1 Project Description
The City of Seaside (“City”) is seeking proposals from qualified firms or individuals to provide On-Call Civil Architectural and Structural Engineering Services. The scope of on-call architectural and structural engineering work shall include, but not be limited to, the full range of services typically required to perform architecture and structural engineering services within the City. This RFP is subject to the requirements of Purchasing Guidelines for the City of Seaside. This solicitation is not intended to create an exclusive service agreement and multiple contracts may be awarded.

The City is seeking professional architectural and structural engineering services for mid-size projects with a focus on renovations and modifications to existing facilities, including but not limited to: office buildings, community center, outdoor park structures, and site work. In addition, the City is seeking Architectural services specializing in the preservation and rehabilitation of California’s historic structures and fully versed in the Secretary of the Interior’s Standards as well as, the State of California’s Historical Building Code and their implications on individual projects.

Proposals will be considered only from Consultants who can demonstrate the following minimum qualifications:

1. Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services.

2. The individual or individuals or sub-consultants who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.

3. Consultant and staff shall be knowledgeable of all applicable building codes, American with Disabilities Act / Facilities

4. Experience in with building conservation, historic preservation, sustainability, and the interrelationship between older structures and community context.

5. Transition Plans, federal, state and local by-laws as applicable.

6. Firms shall be able to meet the schedule set by City of Seaside Department of Public Works
The selected consultant will provide the full range of services including the performance of various capital projects or other public works related projects within the City.

Task orders will be created under a Master Agreement and may include, but are not limited to, work within the public right-of-way, parks, buildings and grounds or to act as an extension of City staff.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

Tasks may consist of full design, from conception to construction, or be of a very limited nature.

Each task will be based upon an agreed upon scope, schedule, and “not-toexceed” cost.

An individual task order will be created under this Master Agreement for the completion of each task.

Terms of Work:

A. The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

B. The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.00. No task may be awarded pursuant to this contract that exceeds $75,000. Tasks estimated to cost over $75,000 require a separate RFP.

C. During the course of the Agreement the City will identify tasks and ask the Consultant to prepare a task proposal, which, at minimum, will include:
a. scope of work
b. schedule, and
c. “not-to-exceed” cost based on the scope of work, with a hard not to exceed cost of $75,000 per task.

A Notice to Proceed will be issued by the City for each task under this Agreement.

D. All drawings, reports, data, computer files, specifications, calculations, and studies prepared by the Consultant shall become the property of the City, with all rights of ownership, including copyrights and reproduction of the same.

1.2 Information
Submit an electronic copy on or before 5:00 p.m., Friday, February 21, 2025.

Proposers are directed to mail one (1) copy the consultant's schedule of fees submitted in a separate sealed envelope, post marked prior to the submission deadline.

Packet Page 139
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

For hand delivery, or mail delivery, please use the following address:

City of Seaside
Public Works Department – Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Public Works Department, via email at [email protected]
Any revisions to the Request for Proposal will be issued and distributed as Addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposal.

1.3 Important Notice
The City of Seaside will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued, the City will attempt to notify all prospective consultants. However, it will be the responsibility of each prospective consultant, prior to submitting its proposal, to determine if addenda were issued via PlanetBids, and to make such addenda a part of their proposal.

1.4 Definitions

1. "Agency" refers to the City of Seaside, an Agency established under the laws of the State of California.

2. "Days" refers to working days of the City of Seaside when used in context with Agency's bid protest procedures.

3. The terms “file” or “submit” refer to the date of receipt by Agency.

4. "Interested party" includes all bidders on the contract or procurement. The term may also include a subconsultant or vendor at any tier who shows Packet Page 140
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

that it has a substantial economic interest in a provision of the Request for Proposals (RFP), or of the interpretation of such a provision.

5. "Local" as used herein refers to the County of Monterey and the State of California. When used in conjunction with the phrase "laws and regulations" it is construed to mean only those laws or regulations associated with the provision of public funds. It is not construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.

6. “Request for Proposal" as used herein, also includes the term "offer" or “RFP” as used in the context of negotiated procurements.

7. "Administrator" or “Manager” as used herein refers to the project manager of the City of Seaside.

1.5 Contracting Agency
The City of Seaside will administer the contract resulting from this Request for Qualification.

1.6 Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not.

1.7 Business Tax Certificate
Possession of a City of Seaside Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at its own expense, a valid and current City of Seaside Business Tax Certificate prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Seaside.

1.8 Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals only by written request filed with the City of Seaside Project Manager. The request shall be executed by the offeror or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

1.9 Rejection of Proposals
Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

1.10 Evaluation
Evaluation and selection of statement of qualifications will be based on the qualifications and evaluation criteria outlined in the RFP request. Brochures or other promotional presentations beyond that which is deemed sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary and will not affect the evaluation process.

The City of Seaside reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipate initiative and ability of the proposer to perform the services set forth herein.

The City of Seaside reserves the right to reject any or all statement of qualifications, to waive any requirements, both the City's and those proposed by the proposer; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re-advertise for RFP proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion, the proposal of each proposer, so as to select the proposer which best serves the requirements of the City, thus providing that the best interest of the City will be served. The proposer's past performance, and the City's assurance that each proposer will provide service as proposed, will be taken into consideration when statement of qualifications are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the Packet Page 142
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

obligations of a contract and to deliver the services contemplated herein or the service of any consultant who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer's submission, or at any point in the evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the proposal of any consultant who is in default on the payment of taxes, licenses, or other monies due the City of Seaside.

The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a statement of qualifications to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

1.11 Pricing Guidelines
Proposers shall provide proposed fees and cost information as a part of this RFP. Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services. Fees submitted may be used as a basis of negotiation with the successful consultant.

1.12 Proprietary Information
The proposals received shall become the property of the City of Seaside and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most or all, of their proposal as exempt from disclosure may be deemed non-responsive.

1.13 Tentative Selection Schedule
Issuance of RFP January 16, 2025
Question Submission deadline 5:00 p.m., February 7, 2025 Submission deadline 5:00 p.m., February 21, 2025
Council Award of contract March 20, 2025 (tentative)
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SECTION 2

OVERVIEW
Packet Page 144
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

PROJECT OVERVIEW

2.1 Introduction
The City of Seaside, Public Works Department, invites perspective consultants to submit Proposals to perform on-call Architectural and Structural Engineering Professional Services.

If used, subconsultant qualifications should be listed and the Public Works Department would like to see subconsultant key staff individual resumes, their placement on the organization chart, and subconsultant firm project experience.

2.2 Term of Contract
The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

2.3 Scope of Work
See Section 4, Attachment A – Scope of Work.

2.4 Selection and Evaluation Factors
Successful consultants shall be selected by the City of Seaside on a rational basis. Evaluation factors outlined below shall be applied to all eligible responsible and responsive proposers in comparing proposals.

A proposer may be selected without discussion after Statement of Qualifications are received. Therefore, proposals should be submitted on the most favorable terms.

A. Evaluation Criteria. An evaluation committee of City staff personnel will review and evaluate all proposals received by the due date based on the following criteria:
a. Ability to Design an Approach and Work Plan to Meet the Project Requirements. An assessment of the overall quality of the proposal.

Qualities and indicators that will receive consideration include the proposer’s performance in converting the Scope of Work into a work plan; the detail and clarity of the discussion as to the proposer’s approach to undertaking the project; the proposer’s performance in identifying any special problems or concerns which may be associated with the project Packet Page 145
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

and preliminary ideas about how these obstacles should be addressed; the inclusion of any unique approaches which are designed to save time and money or increase the benefits or effectiveness of the proposed work; the demonstrated ability to work with governmental bodies; and a full understanding of applicable laws or regulations that relate to the project. b. Ability of the Proposer to Carry Out and Manage the Proposed Project. An assessment of the past experience of the organization in general. Qualities and indicators that will receive consideration include the number and types of projects the organization or its employees have completed; the variety of projects completed and a demonstration of the organization’s ability to undertake this project; the general level of experience in the areas of supervision, observing and monitoring projects; the organization’s ability to realize timetables and quality control objectives; and the demonstrated general ability to bring about a successful completion of the projects under the proposer’s direction.
c. Staff: An assessment of the perceived ability of each organization to devote the necessary human resources and management attention to the project.

Do the qualifications of key personnel to be assigned to the project coincide with project’s requirements? Do assigned personnel and subconsultant personnel have requisite education, experience, and professional qualifications and licenses?
d. Familiarity with Locality: Does the firm have familiarity with the City required to successfully complete the project? How close are the firm’s permanent offices to the City of Seaside?
e. Willingness to Comply with the Proposed Agreement Terms. A sample agreement is attached as Section 3. Proposals will be rated based on any exceptions taken to the proposed agreement.
f. Reputation: Are the firm’s references from past clients and associates favorable; and, does the firm show financial and operational stability? B. Procedures
a. At the completion of the review process, proposers will be ranked based on the Evaluation Criteria described in section VIII.A above. The City will select the highest ranked firm or, at City’s option, the most highly qualified firms will form a “shortlist.”
b. Should the City elect to establish a “short list,” firms on the short list may be asked to formally present their proposal in or via remote teleconferencing and respond to interviewer questions. The interview Packet Page 146
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ___________________________________________________________________________________ _

panel will be the evaluation committee. The presentation and interview session will not exceed one hour per proposer. Following presentations/interviews, the evaluation committee will complete its ranking.
c. Upon completion of the rankings, fee negotiations will commence with the highest ranked firm. If the fees are mutually agreed upon after negotiations, an agreement will be placed on a City Council agenda for approval consideration. If fee negotiations are unsuccessful with the highest ranked firm, that firm will be excused, and the fee schedule of the next highest ranked firm will be negotiated.
d. It is anticipated that any award of an agreement for services will be made by the City Council within 90 days of proposal submission.

2.5 Inquiries
Inquiries must be submitted via PlanetBids. City shall issue any necessary clarification in writing to all proposers. Proposers should not rely on verbal discussion in lieu of written communication. Failure to adhere to this requirement could render the proposal non-responsive.

2.6 Contract Incorporation
Proposer should be aware that the City of Seaside’s attached “agreement” shall become the actual contract document. The terms and conditions defined in Section 3 are to be used as a basis for a contemplated contract. Any modifications to this recommended sample contract will require prior negotiations and approval of the City. Failure of a proposer to accept this obligation may result in the rejections of its proposal or cancellation of any award.

2.7 Negotiations
The City of Seaside reserves the right to negotiate all elements which comprise the proposal to ensure the best possible consideration for all concerned.

2.8 Proposal Format
Proposals must follow the format outlined in Section 4, Attachment B – Proposal Requirements and all requested information must be supplied. Failure to submit a complete Proposal in the required format shall be considered non-responsive.

Packet Page 147
[project name]
Rev. Page 13 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services SECTION 3

AGREEMENT
Packet Page 148
[project name]
Rev. Page 14 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services

CITY OF SEASIDE

PROFESSIONAL SERVICE AGREEMENT FOR

NON- CONSTRUCTION PROJECT
[INSERT PROJECT TITLE]
This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective AS OF [insert date] between the City of Seaside ("AGENCY"), a municipal corporation and [insert consultant], [a sole proprietorship, partnership, limited liability partnership, corporation] ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on [insert date] are completed, butin no event later than [insert date] unless sooner terminated pursuant to the provisions of this AGREEMENT.

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

To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

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

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

V. PAYMENT
Packet Page 149
[project name]
Rev. Page 15 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [total amount of contract--$$$] for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and CONSULTANT at the time AGENCY's written authorization is given to CONSULTANT for the performance of said services.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

Packet Page 150
[project name]
Rev. Page 16 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all finished or unfinished documents, data, studies, surveys, Packet Page 151
[project name]
Rev. Page 17 of
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COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services 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.

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

B. 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 indemnity. 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.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT Packet Page 152
[project name]
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COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services shall at all times be under CONSULTANT's exclusive direction and control.

Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

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

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

Packet Page 153
[project name]
Rev. Page 19 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without AGENCY's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrativeproceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response.

Packet Page 154
[project name]
Rev. Page 20 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery,or
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of Seaside
440 Harcourt Ave
Seaside Ca, 93955
To
CONSULTANT:
[name]
[address]
[city/state/zip code]
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. [consultant name] may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of [Insert name] from CONSULTANT's employ. Should he/she leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance.

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

Packet Page 155
[project name]
Rev. Page 21 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services XIX. GOVERNING LAW
The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY.

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

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of the Proposal, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict, the requirements of the Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT’s proposal shall be for the scope of services to be provided only,
Packet Page 156
[project name]
Rev. Page 22 of
12/24
COS Non-Construction
PSA
City of Seaside
On-Call Architectural and Structural Engineering Professional Services and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly
agreed to in writing.

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

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

CONSULTANT
By: __________________________
(signature)
_______________________________
Name of Consultant
_______________________________
(name)
(City Manager)
(City of Seaside)
Attachments:

Exhibit A - Proposal
Exhibit B – Payment
Exhibit C - Insurance Requirements
Packet Page 157
City of Seaside
On-Call Architectural and Structural Engineering Professional Services EXHIBIT “A”

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Seaside, as the scope of services under this Agreement, the services described on City’s Request for Proposal for OnCall Architectural and Structural Engineering Professional Services dated ______ (Exhibit “D”) which outlines the scope of services and work under this contract, and the approved Consultant’s Proposal dated [insert date] (Exhibit “E”).

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, “not-toexceed” cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit A1, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City’s best interest to do so. The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City’s purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre-qualified consultants, based on consultants’ availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City’s Request for Proposal);
3) the Consultant’s proposal.

Packet Page 158
City of Seaside
On-Call Architectural and Structural Engineering Professional Services EXHIBIT “B”

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to- exceed cost of $300,000 per contract and $75,000 per assigned task.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Consultant shall present the bill for charges by the second day of the month.

C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum “not-to-exceed” cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

Packet Page 159
City of Seaside
On-Call Architectural and Structural Engineering Professional Services

EXHIBIT C

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

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

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

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

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

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

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

Packet Page 160
City of Seaside
On-Call Architectural and Structural Engineering Professional Services Note: Iftherequired limitsfor general liability, auto and employer’s liability are$1 million or less, the following paragraph may be omitted.

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

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

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

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

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

Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSULTANT or AGENCY will Packet Page 161
City of Seaside
On-Call Architectural and Structural Engineering Professional Services withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

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

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

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

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

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

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

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

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

Packet Page 162
City of Seaside
On-Call Architectural and Structural Engineering Professional Services Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

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

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

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

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

Packet Page 163
City of Seaside
On-Call Architectural and Structural Engineering Professional Services SECTION 4

ATTACHMENTS
Packet Page 164
City of Seaside
On-Call Architectural and Structural Engineering Professional Services ATTACHMENT A – SCOPE OF WORK
Architectural and Structural Engineering

TYPICAL SERVICES REQUIRED
The required services and abilities required to successfully perform geotechnical engineering and testing services on the project types listed above include but are not limited to:

1. Building Design: Professional and efficient development of new construction or renovation plans that successfully resolve a client’s space planning and design requirements.

2. Facility/Building Analysis/Existing Conditions Report: Evaluation of an existing building including components such as walls, windows, roofs, floor plans, room layouts, building science audits and equipment resulting in a summary report of the findings.

3. Code Analysis: Project-specific review of applicable codes including building codes, accessibility standards, energy standards, local zoning ordinances, land use plans, and other regulations.

4. Energy-Efficiency Assessments: Review of building components, insulation levels, heating and lighting systems, and operational features to assess current performance levels and opportunities for energy savings.

5. Feasibility Study with Cost Estimating: A report outlining options and associated costs for potential solutions to a stated project goal, for example, change of use for an existing structure. Often includes basic drawings or sketches explaining the solutions.

6. Space Planning: Graphic study showing arrangement of spaces, room layouts, and activities making up a floor plan. Studies will show room dimensions, shapes, number and types of spaces, and relationships (adjacencies) for all desired spaces. Multiple arrangements can be developed and evaluated for efficiency and functional success.

7. Site Planning: Development of site plan options showing boundary lines, potential development boundaries, building location(s), pedestrian access, sidewalks, parking, landscaping, lighting, surrounding context and other features.

8. Permitting: Production of drawings and permit applications necessary to submit for zoning or building permits. May include formal presentations to review boards or informal negotiation with regulators, zoning/planning administrators, fire marshals, and other officials.

9. Consultant Selection/Construction Administration Assistance: Professional and experienced assistance with the selection of qualified General Consultants or Construction Managers. This may include the preparation of competitive bid packages, review of bids, recommendations for award of bids, preparing ownerConsultant agreements, and construction administration.

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City of Seaside
On-Call Architectural and Structural Engineering Professional Services

10.Creative, Artistic & Technological Design: Imaginative, functional and aesthetic solutions to a client’s stated needs. Assistance with envisioning new, creative solutions to problems that have been difficult to solve.

Other services provided by architects:
 Historic preservation research, evaluation and design  Existing building measurement; preparation of existing building drawings  As-Built record drawings documenting existing or recently completed work  Master planning research and analysis
 Cost estimating related to design options
 Project information surveys
 Design team and process/integration management
 Conceptual design and regional/cultural context
 Sustainability and energy use/production analysis and design  Water and wastewater use analysis and design
 Project programming, pre-design planning
 Rating system (LEED, WELL, Passive House, etc.) coordination and management
 Space utilization, functionality, economic and pre-design analysis  Indoor air quality and interior analysis
 Interior design
 Accessibility reviews and design
 Site selection, studies and design
 Land use analysis and design
 Landscape design
 Specifications writing, bid package preparation
 Consultant coordination and management
 Construction administration, time, cost and quality management  Public hearing and data collection assistance
 Consultant bidding, negotiation, contract and process assistance to the owner  Project-related public agency coordination and management  Illustration rendering and 3D design modeling
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On-Call Architectural and Structural Engineering Professional Services ATTACHMENT B – PROPOSAL REQUIREMENTS
A. Proposals shall be a maximum of 30 individual pages.

B. All proposals shall include the following minimum information:
a. Cover letter of interest. Please identify the location of the key individuals who will be assigned to work on this agreement. b. Firm Background. Brief description of your firm’s history, capabilities, and target markets.
c. Management and Team Members. Provide a description of the team/consultant organization, and a work plan that identifies the personnel to be assigned to each task. The organization description should clearly identify who will be the project manager and the dayto- day contact person for the job. Include relevant experience of the team members who will be assigned to the project.
d. Subconsultants. A list of subconsultants to be used, if any, and their expertise as called for in Item 1, above.
e. Scope of Work. A description of methodology, techniques, and procedures for each of the scope of work items with an explanation of how the proposer plans to approach the tasks and the steps that will be taken to complete the task including analytical methods and tools. Proposers must demonstrate that they understand the magnitude and importance of each individual task. If appropriate, tasks should be organized into phases constituting measurable deliverables.
f. Organization Qualifications. Provide an outline of the organization qualifications indicating relevant background experience and capabilities for this work. A list of major projects, both ongoing and planned, to which the organization is committed during the time frame of this project should also be provided. Include the staff resources devoted to those projects and the status of the projects. g. Project Experience. Describe at least three specific projects that the firm and proposed key personnel have worked on within the past five years, including client contact names, telephone numbers, and email addresses. If your firm has completed similar projects without the involvement of the proposed key personnel, please note this in your proposal.

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On-Call Architectural and Structural Engineering Professional Services h. Sample Plans. Provide sample plans completed recently for a public agency (2 sheets maximum, 11”x17” maximum size sheet).
i. Project Management. Provide a description regarding how work is scheduled, prioritized, and what structures are in place to ensure your firm meets project time lines.
j. References. Provide at least three (3) client references with phone numbers for relevant work. Specify the client, location, consultant firm members and participating individuals and their roles on team (principal, project director, etc.), type of work, implementation results or status, examples of work, and other relevant information as needed.

Your proposal should elaborate on all services your firm offers, even if not specifically asked for in this RFP. If appropriate, identify the number of staff assigned to each of the service areas and summarize their individual qualifications.

C. Fee Schedule
A fee schedule shall be submitted by mail as a part of this RFP in a separate sealed envelope per the instructions above.

Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services.

Fees submitted may be used as a basis of negotiation with the successful consultant.

Include an hourly rate for each category of employee (i.e., Principal, Technician, etc.) and fees for applicable direct costs (blueprint, reproduction, etc.).

No “mark-up” will be allowed for direct costs.

If applicable, per diem shall be billed at a maximum of the GSA rate and mileage shall be billed at the IRS mileage rate in place at the time of billing.

No “mark-up” will be allowed for per diem or mileage. Subconsultant services are to be billed at cost plus ten percent (10%) maximum.

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