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HomeMy WebLinkAboutAgenda Packet 02102020A G E N D A MEETING OF THE CITY COUNCIL Monday,February 10,2020 ~7:00 PM City Council Chambers 211 Eighth Street Seal Beach,California SCHELLY SUSTARSIC MAYOR Fourth District JOE KALMICK MAYOR PRO TEM First District THOMAS MOORE COUNCIL MEMBER Second District MIKE VARIPAPA COUNCIL MEMBER Third District SANDRA MASSA-LAVITT COUNCIL MEMBER Fifth District This Agenda contains a brief general description of each item to be considered.No action or discussion shall be taken on any item not appearing on the agenda,except as otherwise provided by law.Supporting documents,including agenda staff reports,and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available for review at City Hall in the City Clerk's Office located at 211 Eighth Street,Seal Beach,California,Monday through Friday,between the hours of 8:00 a.m.and 5:00 p.m.or contact the City Clerk, at (562)431-2527. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of —meetings are available on-demand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk' s office at (562)431 -2527 at least 48 hours prior to the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL APPROVAL OF AGENDA &WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS /RECOGNITIONS •Special Recognition of Patti Blake,former owner of Blue Moon –A Philanthropic Boutique •Special Recognition of former Planning Commissioner Robert Aguilar,Jr. ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council.Pursuant to the Brown Act,the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may,at the Council's discretion,be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record.All speakers will be limited to a period of five (5)minutes.Speakers must address their comments only to the Mayor and entire City Council,and not to any individual,member of the staff or audience.Any documents for review should be presented to the City Clerk for distribution. Oral Communications CITY ATTORNEY REPORT Craig A.Steele,City Attorney CITY MANAGER REPORT Jill R.Ingram,City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A.City Council Appointment to the Planning Commission –District Two -At the request of Council Member Moore,that the City Council appoint Ronde Winkler to the Planning Commission,as a representative for District Two. CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B.Approval of the January 27,2020 City Council Minutes -That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on January 27,2020. C.Demands on City Treasury (Fiscal Year 2020)–February 10,2020 -Ratification. D.Authorization to Approve Payment for the Emergency Water System Repairs and Dispensing with Public Bidding Requirements -That the City Council adopt Resolution 7001 to:1.Confirm that the emergency repairs of the City’s public water system in the alley west of 311 Main Street were of urgent necessity for the immediate preservation of life,health,and property;and,2. Approve Budget Amendment BA 20-08-01 in the amount of $33,000 for emergency repairs of the City’s public water system in the alley west of 311 Main Street,Project EM2003;and,3.Ratify the Purchase Order contract with Valverde Construction,Inc.for the emergency water system and alley repairs in the alley west of 311 Main Street,without advertising for bids,in an amount not to exceed $32,034.97;and,4.Accept the emergency repairs of the City’s public water system in the alley west of 311 Main Street,Project EM2003 by Valverde Construction in the amount of $32,034.97;and,5.Direct the City Clerk to file a “Notice of Completion”with the Orange County Clerk-Recorder within ten (10)days from the date of acceptance and to release retention in the amount of $1,601.75 thirty-five (35)days following the filing of the Notice of Completion. E.Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2018 Urban Area Security Initiative (UASI)-The proposed City Council action will adopt Resolution 7002 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2018 Urban Areas Security Initiative (UASI)Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim Police Department in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. F.Zero Tower Safety Improvements CIP BP1902 -That the City Council adopt Resolution 7003:1.Awarding the Public Works Agreement with C.I.Services, Inc.,in a not-to-exceed amount of $30,800 for the Zero Tower Safety Improvements,CIP BP1902;and,2.Authorizes and directs the Public Works Director to execute the agreement. G.Grant of Easement and Temporary Construction Easement to Southern California Gas Company -That the City Council adopt Resolution 7004:1. Approving the Grant of Easement and Temporary Construction Easement to Southern California Gas Company for $114,000 to be paid by OCTA;and,2. Authorizing the City Manager to execute documents in form approved by the City Attorney on behalf of the City. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS –None NEW BUSINESS –None ADJOURNMENT Adjourn the City Council to Monday,February 24,2020 at 5:30 p.m.to meet in closed session,if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:City Council Appointment to the Planning Commission – District Two ________________________________________________________________ SUMMARY OF REQUEST: At the request of Council Member Moore, that the City Council appoint Ronde Winkler to the Planning Commission, as a representative for District Two. BACKGROUND AND ANALYSIS: In accordance with Government Code Section 54974(a), whenever an unscheduled vacancy occurs on any board, commission, or committee for which the legislative body has the appointing power, an unscheduled vacancy notice shall be posted and appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice. The resignation of Robert Aguilar, Jr., was received by the City Clerk’s Office on January 16, 2020 and the required Notice of Vacancy was posted January 17, 2020. Additionally, notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately, as is the case with the Planning Commission vacancy. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. 6 7 5 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: At the request of Council Member Moore, that the City Council appoint Ronde Winkler to the Planning Commission, as a representative for District Two. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Agenda Item B AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the January 27, 2020 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on January 27, 2020. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. 6 7 3 RECOMMENDATION: That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on January 27, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session 4 6 6 6 Seal Beach, California January 27, 2020 The City Council met in Closed Session at 5:34 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sustarsic Council Members: Varipapa, Kalmick, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Steve Myrter, P.E., Director of Public Works David Spitz, Associate Engineer Alayna Hoang, Interim Director of Finance/City Treasurer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager and Assistant City Manager Employee Organization(s): Seal Beach Marine Safety Management Association B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: 15 First Street, Seal Beach City Negotiator(s): City Attorney Negotiating Party: Bay City, LLP Under Negotiations: Price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL Significant Exposure to Litigation pursuant to Government Code §54956.9(d)(2) Notice of appraisal and Orange County Transit Authority (OCTA) threat to acquire certain portions of City real property interest by eminent domain, if necessary. 3101 North Gate Road, Seal Beach 4 6 6 6 ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:45 p.m. Gloria D. Harper, City Clerk Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk 4 6 6 7 Seal Beach, California January 27, 2020 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Massa-Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustrasic Council Members: Varipapa, Kalmick, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Phil Gonshak, Seal Beach Police Department Lieutenant Chris Pierce, Marine Safety/Lifeguard Department Alayna Hoang, Interim Director of Finance/City Treasurer Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Gloria D. Harper, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper read into the record that six (6) communications were received after the posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Council Member Varipapa moved, second by Mayor Pro Tem Kalmick to approve the agenda. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic, Moore NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS Cypress College Foundation Citizen of the Year Award to Esther Kenyon ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Bill Harris, Tom Rowe, Jean Sudbeck, Rich Carson, Tom Quinn, Robert Goldberg and Joyce Ross-Parque. Mayor Sustarsic closed oral communications. 4 6 6 7 CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting the City Council met in closed session to discuss the items posted on the agenda and indicated that City Council took no reportable action on any item. CITY MANAGER REPORT City Manager Ingram officially welcomed Community Development Director Les Johnson to the City of Seal Beach. She provided follow-up to the Study Session held on Council Meeting January 13, 2020 regarding the Community Pool project and reported that public outreach meetings have been scheduled for Thursday, February 13, 2020 at 6:00 pm in the Council Chambers; and, Saturday, February 22, 2020 at 10:00 a.m. at McGaugh Pool. City Manager Ingram noted that the purpose of the meetings is to obtain input from the public regarding the potential for a pool on the Navy site and provide feedback on some different elements of the proposed pool. She also noted that the City would be issuing a Press Release to announce the two (2) dates which will provide additional details; and, reminded the public to continue to check the City’s website for updates on public outreach meetings. COUNCIL COMMENTS Council Member Massa-Lavitt had no report. Council Member Varipapa had no report. Council Member Moore thanked the American Legion for their presentation as well as their presence in the community; and encouraged everyone to support the American Legion in May. He announced that he will be taking a can to his events to collect donations and encouraged the Council to do the same. He thanked Tim Kelsey for the repairs at Edison Park and mentioned that he has received an enormous amount of positive feedback on the repairs from the community. Additionally, he provided an update on the fire in the Rossmoor Park Condominiums. He announced that he visited the condominiums along with Sergeant Brian Gray and met with the residents. He noted that there were no deaths; however, there were two (2) non-life threatening injuries as a result of the fire. He stated that half of the building was back up and running; whereas, the other half remains uninhabitable for at least a year. He thanked Orange County Fire Authority (OCFA) stations, 2, 17 and 48, as well as Huntington Beach and Long Beach Fire Departments for work on extinguishing the fire. He noted that OCFA worked with the American Red Cross to assist displaced residents. He also announced that a Donation Day is scheduled for Saturday, February 1, 2020 at Rush Park in Los Alamitos for the displaced family and that gently used clothing is being accepted for the families. 4 6 6 7 Lastly, he requested an update on AirBnB revenue. Interim Director of Finance/City Treasurer Hoang provided an update on AirBnB revenue. City Manager Ingram also offered comments regarding AirBnB revenue. Mayor Pro Tem Kalmick announced that he met with Congressman Rouda as a representative of the City at a workshop on the appropriation process in Washington on when and how to garner funds and bring back to California. Additionally, along with Mayor Sustarsic and City Manager Ingram they met with Congressman Rouda to reinforce the City’s increasingly desperate situation with sand in Surfside and the need for replenishment that the Army Corps of Engineers promised to continue indefinitely since 1962 as well the condition of the San Gabriel River. Lastly, he noted that he will use his appointment as a representative to the Rivers and Mountain Conservancy to garner support and funds to help combat the issues along the San Gabriel River. Mayor Sustarsic announced that she attended a meeting with Congressman Rouda, Mayor Pro Tem Kalmick and City Manager Ingram regarding concerns in her district regarding the 405 expansion, air quality concerns and relaxation of café standards on automobiles and forever chemicals discovered on the Joint FTB. Seal Beach drinking wells checked out clean. She also announced that she attended the West Orange County Water Board (WOCWB) meeting and the Los Alamitos Unified School District Board meeting regarding the trustee area map. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Moore moved, second by Council Member Varipapa, to approve the recommended actions on the consent calendar. A. Approval of the January 13, 2020 City Council Minutes - That the City Council approve the minutes of the Closed Session/Regular City Council meeting held on January 13, 2020. B. Demands on City Treasury (Fiscal Year 2020) – January 27, 2020 - Ratification. C. Monthly Investment Report – December 31, 2019 - Receive and file. D. Report of City Manager and Department Heads Authorized Contracts – That the City Council receive and file the report. E. First Amendment to Lease for First Street Restaurant - That the City Council adopt Resolution 6997, approving the First Amendment to the Lease between the City and Beach House at the River, LLC (formerly Bay City, LLC) and authorizing the City Manager to execute on behalf of the City. 4 6 6 7 F. Approving Amendment No. 1 to the Professional Services Agreement with AndersonPenna Partners, Inc., for Ocean Place Development Construction Management and Inspection Services and Plan Checking Services – That the City Council adopt Resolution 6998: 1. Approving Amendment No. 1 to the Professional Services Agreement dated November 13, 2018 between the City of Seal Beach and AndersonPenna Partners, Inc., (APP) to increase consultant’s compensation by $35,639 for a revised total contract amount not-to-exceed $385,639 for the continuation of construction management and inspection services for the Ocean Place Development Project; and, 2. Authorizing the City Manager to execute Amendment No. 1. G. City of Seal Beach Participation in the Housing and Community Development Block Grant (CDBG) Program for years 2020-2023 Grant Application - That the City Council adopt Resolution 6999 of the City of Seal Beach approving the on-going participation in the County of Orange Housing and Community Development Program for 2020-2021, 2021-2022 and 2022-2023 by the County, to fund the Leisure World Bathroom Upgrade Handicap Accessibility Program. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic, Moore NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR E. First Amendment to Lease for First Street Restaurant - That the City Council adopt Resolution 6997, approving the First Amendment to the Lease between the City and Beach House at the River, LLC (formerly Bay City, LLC) and authorizing the City Manager to execute on behalf of the City. City Attorney Steele gave a staff report and responded to questions. Council Member Massa-Lavitt offered comments and announced that she would not be supporting the item. Council Member Varipapa moved, second by Mayor Pro Tem Kalmick to approve the agenda. AYES: Varipapa, Kalmick, Moore NOES: Massa-Lavitt, Sustarsic ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. 4 6 6 7 UNFINISHED/CONTINUED BUSINESS There was no unfinished/continued business. NEW BUSINESS H. Report on Orange County Vote Centers in Seal Beach - That the City Council receive and file the report. City Clerk Harper provided an update on the Orange County Vote Centers in Seal Beach and responded to questions. Council Member more requested that staff research the possibility of providing a shuttle for the elderly residents for transport to and from the Vote Centers on Election Day, March 3, 2020. City Manager Ingram asked for clarification regarding providing a shuttle on Election Day. Council Member Moore clarified that the shuttle would be for the entire city not just Leisure World. I. Adoption of Policy on Discontinuation of Residential Water Service by Resolution and Introduce Ordinance to Amend Section 9.35.025 of The Seal Beach Municipal Code to Implement the Policy - That the City Council: 1. Adopt the proposed Policy on Discontinuation of Residential Water Service by Resolution 7000; and, 2. Approve Ordinance 1682 to make conforming changes to Section 9.35.025 of the Seal Beach Municipal Code to implement the policy Interim Director of Finance/City Treasurer Hoang provided a presentation on the Discontinuation of Residential Water Service. Mayor Sustarsic asked follow up questions regarding the County’s model. City Attorney Steele responded to questions. Council Member Massa-Lavitt moved, second by Council Member Moore to approve the agenda. AYES: Varipapa, Kalmick, Massa-Lavitt, Sustarsic, Moore NOES: None ABSENT: None ABSTAIN: None Motion carried City Attorney Steele read the Ordinance into the record. 4 6 6 7 ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting at 8:23 p.m. to Monday, February 10, 2020 at 5:30 p.m. to meet in closed session, if deemed necessary. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ______________________ Gloria D. Harper, City Clerk City of Seal Beach Fiscal Year 2020 Warrant Listing for Council Meeting February 10,2020 Approve by Minute Order Demands on Treasury: Warrants-A/P: 14140- 14279 1,332,909.60 1,332,909.60 Year-to-Date: $ 22,291,138.29 Payroll: Payroll Direct Deposit 332,890.04 Payroll State&Federal Taxes 105,532.68 Payroll PERS 113,782.14 City of Seal Beach Flex Spending 792.06 552,996.92 Year-to-Date: $ 9,174,723.21 Total Payroll: Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: 409' WO' 3 /DO Alayn. Hoang I Date Interim Director of Finance/City Treasurer City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14140 Check Date: 01/23/2020 Vendor: ABB05 Charles Abbott Associates,Inc 60534 Services Dec 2019 12/31/2019 1,000.00 Check Total: 1,000.00 Check No: 14141 Check Date: 01/23/2020 Vendor: AKM01 AKM Consulting Engineers 0010344 Pump Station 35 Upgrade Proj\Pump Stat 12/03/2019 412.00 Check Total: 412.00 Check No: 14142 Check Date: 01/23/2020 Vendor: AME01 American Heritage Life 42471 Services Jan 2020 01/06/2020 13.00 Check Total: 13.00 Check No: 14143 Check Date: 01/23/2020 Vendor: ARD Ardurra Group Inc. 7737 Citywide Traffic Signal Improv\Citywid 10/03/2019 928.00 7737 Citywide Traffic Signal Improv-Sept 2019 10/03/2019 2,034.86 Check Total: 2,962.86 Check No: 14144 Check Date: 01/23/2020 Vendor: BAILEY4 Denice Bailey 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 451.33 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 902.65 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 1,353.98 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 451.32 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 1,128.30 8.26.2019 Tuition Reimb.Fall 2019 08/26/2019 225.66 Check Total: 4,513.24 Check No: 14145 Check Date: 01/23/2020 Vendor: bay08 Bay Hardware 347851 Epoxy 12/28/2019 11.33 347890 Detailer Spray 12/31/2019 54.32 347872 Mortar/Pail Bucket 12/30/2019 25.72 Check Total: 91.37 Check No: 14146 Check Date: 01/23/2020 Vendor: BRI02 Briggeman Disposal W20731 Contract Refuse Services Dec 2019 01/15/2020 90,837.12 Check Total: 90,837.12 Check No: 14147 Check Date: 01/23/2020 Vendor: CCUG CCUG W18452 2020 Group Membership 01/15/2019 125.00 Check Total: 125.00 Check No: 14148 Check Date: 01/23/2020 Vendor: CFP01 California Forensic Phlebotomy 1217 Services Dec 2019 01/08/2020 1,469.00 Check Total: 1,469.00 Check No: 14149 Check Date: 01/23/2020 Vendor: CLEARS CLEARS,Inc. W18453 2020 Membership-Fortney/Tavasci 01/15/2020 100.00 Check Total: 100.00 Check No: 14150 Check Date: 01/23/2020 Vendor: Collison Brian Collison 133021-03 Instructor Pay 12-2-19 to 1-9-2020 01/14/2020 204.43 Check Total: 204.43 Check No: 14151 Check Date: 01/23/2020 Vendor: COM46 Commercial Aquatic Services 119-6187 Chemicals Delivere Dec 2019 12/31/2019 490.18 Check Total: 490.18 Check No: 14152 Check Date: 01/23/2020 Vendor: COR23 CORODATA RS4560888 Services Dec 2019 12/31/2019 302.55 Check Total: 302.55 Page 1 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14153 Check Date: 01/23/2020 Vendor: COU32 County of Orange SH55340 OCATS Services Dec 2019 12/31/2019 1,273.33 Check Total: 1,273.33 Check No: 14154 Check Date: 01/23/2020 Vendor: CSULB01 CSULB Foundation W18450 Reg.Crime Analysis Core-Eisenhaur 01/15/2020 452.00 Check Total: 452.00 Check No: 14155 Check Date: 01/23/2020 Vendor: CUS01 Custom Glass 23443 CDBG Bathroom Access Grant/Yeske 3H 12/12/2019 865.00 23454 CDBG Bathroom Access Grant-Devlin 52-G 12/17/2019 865.00 23438 CDBG Bathroom Access Grant/Newton 104H 12/10/2019 865.00 23428 CDBG Bathroom Access Grant/Warga 39B 12/03/2019 865.00 23444 CDBG Bathroom Access Grant/MCalpin 36C 12/12/2019 865.00 Check Total: 4,325.00 Check No: 14156 Check Date: 01/23/2020 Vendor: DAP01 Dapeer,Rosenblit&Litvak,LL 16685 Services 11-21 to 11-30-2019 11/30/2019 137.70 Check Total: 137.70 Check No: 14157 Check Date: 01/23/2020 Vendor: ESCO2 Darrick Escobedo W18907 Wellness Program 01/21/2020 20.00 W18907 Wellness Program 01/21/2020 380.00 Check Total: 400.00 Check No: 14158 Check Date: 01/23/2020 Vendor: EZROJ Michael Ezroj 1.11.2020 Reimb.for SLI Session 5 01/11/2020 376.00 Check Total: 376.00 Check No: 14159 Check Date: 01/23/2020 Vendor: FED01 FedEX 6-854-3962 Local Street Resurfacing Prog/Shipping 11/29/2019 18.87 6-854-3962 Local Street Resurfacing Prog/Shipping 11/29/2019 18.87 6-854-3962 Local Street Resurfacing Prog/Shipping 11/29/2019 18.86 Check Total: 56.60 Check No: 14160 Check Date: 01/23/2020 Vendor: FOR09 Robin Forte-Lincke W20729 TV Origination Services Pymnt# 14 01/16/2020 1,453.50 Check Total: 1,453.50 Check No: 14161 Check Date: 01/23/2020 Vendor: FRO02 Frontier Communications 5625988624 Services 1-10 to 2-09-2020 01/10/2020 218.56 5625984514 Services 1-10 to 2-09-2020 01/10/2020 127.73 5621560001 Services 1-08 to 2-07-2020 01/08/2020 56.80 2090946840 Services 1-10 to 2-09-2020 01/10/2020 42.98 Check Total: 446.07 Check No: 14162 Check Date: 01/23/2020 Vendor: GOLO1 Golden West College W18451 Reg.Sergeants Supervisory Course-Krok 01/15/2020 254.00 Check Total: 254.00 Check No: 14163 Check Date: 01/23/2020 Vendor: HDLO1 Hinderliter,del Llamas&Asso 0032833-IN Trans Tax 4th Qrt/Sales Qrt 2 2019 12/27/2019 300.00 Check Total: 300.00 Check No: 14164 Check Date: 01/23/2020 Vendor: HOT02 Hotschedules.com,Inc. 954489 Services Dec 2019/Repl Ck 13441 11/01/2019 142.54 983029 Services Feb 2020 01/02/2020 142.54 Check Total: 285.08 Page 2 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14165 Check Date: 01/23/2020 Vendor: INT41 International Institute of W21989 2020 Annual Membership-G Harper 01/10/2020 210.00 Check Total: 210.00 Check No: 14166 Check Date: 01/23/2020 Vendor: IPS IPS Group Inc. 47809 Services Dec 2019 12/31/2019 744.06 Check Total: 744.06 Check No: 14167 Check Date: 01/23/2020 Vendor: JCLO1 JCL Traffic Services 103074 2019 Christmas Parade Traffic Control 12/10/2019 10,652.00 Check Total: 10,652.00 Check No: 14168 Check Date: 01/23/2020 Vendor: KUS02 Gary I.Kusunoki 1580 Hearings 1/8/2020 01/13/2020 110.00 Check Total: 110.00 Check No: 14169 Check Date: 01/23/2020 Vendor: MCI01 MCI Comm Services 7DL26042 Services Feb 2020 01/11/2020 36.67 Check Total: 36.67 Check No: 14170 Check Date: 01/23/2020 Vendor: MEEK John S.Meek Company Inc. 11 Pier Deck Utility Upgrade Jul to Nov 19 12/12/2019 291,019.94 11 Pier Deck Utility Upgrade Proj\Pier De 12/12/2019 14,550.99 Check Total:276,468.95 Check No: 14171 Check Date: 01/23/2020 Vendor: MIC14 Michael Baker International 1067234 Local Coastal Plan Preperation/Nov 2019 11/25/2019 13,982.21 1069868 Local Coastal Plan Preperation\Dec 2019 12/19/2019 10,973.47 Check Total: 24,955.68 Check No: 14172 Check Date: 01/23/2020 Vendor: NU01 NU Kote 12.09.19 CDBG Bathroom Access Grant/Yeske 3H 12/09/2019 1,610.00 12.10.19 CDBG Bathroom Access Grant/Alpin 36C 12/10/2019 1,610.00 12.11.19 CDBG Bathroom Access Grant/Delvin 52G 12/11/2019 1,610.00 12.30.2019 CDBG Bathroom Access Grant/Dinsmore 246I 12/30/2019 1,610.00 12.31.2019 CDBG Bathroom Access Grant/Yoachum 63E 12/31/2019 1,610.00 01.03.20 CDBG Bathroom Access Grant/Simmerman135D 01/03/2020 1,610.00 11.26.19 CDBG Bathroom Access Grant/Warga 39B 11/26/2019 1,610.00 12.05.19 CDBG Bathroom Access Grant/Newton 104H 12/05/2019 1,610.00 Check Total: 12,880.00 Check No: 14173 Check Date: 01/23/2020 Vendor: OCC08 Occupational Health Dynamics 67228 Quantifit annual calibration and prevent 12/30/2019 810.00 Check Total: 810.00 Check No: 14174 Check Date: 01/23/2020 Vendor: OCWD Orange County Water Dist. 95-02-1-F Services Jul to Dec 2019/Meter TLWSBBC 01/07/2020 293,412.63 Check Total:293,412.63 Check No: 14175 Check Date: 01/23/2020 Vendor: OFF11 Office Solutions Business Prod I-01693530 Padholder 01/03/2020 44.37 I-01693954 Desk Pad 01/03/2020 99.51 Check Total: 143.88 Check No: 14176 Check Date: 01/23/2020 Vendor: PITT Cheryl Pitt 3 Detention Center Nurse 112-1 to 12-14-19 01/09/2020 270.00 4 Detention Center Nurse 12-15 to 12-28-19 01/09/2020 90.00 2 Detention Center Nurse 11-17 to 11-30-19 01/09/2020 45.00 1 Detention Center Nurse 11-3 to 11-16-19 01/09/2020 180.00 Check Total: 585.00 Page 3 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14177 Check Date: 01/23/2020 Vendor: REA03 Ready Refresh by Nestle 10A0027940 Services 12-15-19 to 1-14-2020 01/16/2020 124.80 19L0027940 Services 11-15 to 12-14-2019 12/17/2019 218.30 19K0027940 Services 10-15 to 11-14-2019 11/16/2019 137.74 19J0027940 Services 9-15 to 10-14-2019 10/16/2019 253.38 Check Total: 734.22 Check No: 14178 Check Date: 01/23/2020 Vendor: RHF01 R.H.F.INC. 74836 Recertification UX019696 12/11/2019 85.00 74837 Recertification UX029627 12/11/2019 85.00 74835 Recertification TS000144 12/11/2019 85.00 Check Total: 255.00 Check No: 14179 Check Date: 01/23/2020 Vendor: RIC24 Richard C.Slade&Associates 5272 Lampson Well Head Treatment\Lampson We 11/20/2019 2,569.68 Check Total: 2,569.68 Check No: 14180 Check Date: 01/23/2020 Vendor: ROS27 Rossmoor Car Wash Nov 2019 Services Nov 2019 01/13/2020 967.00 Check Total: 967.00 Check No: 14181 Check Date: 01/23/2020 Vendor: SAT02 Satellite Tracking of People L STPINV0006 Services Dec 2019 12/31/2019 273.00 Check Total: 273.00 Check No: 14182 Check Date: 01/23/2020 Vendor: SCE01 Southern Calif.Edison 2024029720 Services 12-16-19 to 1-15-2020 01/17/2020 51.03 2311180533 Services 12-13-19 to 1-14-2020 01/15/2020 2,283.20 2332131176 Services 12-13-19 to 1-14-2020 01/15/2020 1,229.59 2024029720 Services 12-16-19 to 1-15-2020 01/17/2020 1,447.82 2353878846 Services 12-12-19 to 1-13-2020 01/14/2020 147.23 2361696818 Services 12-12-19 to 1-13-2020 01/14/2020 270.33 2418681128 Services 12-16-19 to 1-15-2020 01/16/2020 11.07 2214337602 Services 12-13-19 to 1-14-2020 01/15/2020 17.50 2415765056 Services 3-05-19 to 1-13-2020 01/16/2020 766.25 2345128151 Services 12-16-19 to 1-15-2020 01/16/2020 10.07 2231367996 Services 12-13-19 to 1-14-2020 01/16/2020 1,008.70 Check Total: 7,242.79 Check No: 14183 Check Date: 01/23/2020 Vendor: SCE04 Southern Calif.Edison 7590281408 Change M&S Refer to TD1622128 01/06/2020 2,476.52 Check Total: 2,476.52 Check No: 14184 Check Date: 01/23/2020 Vendor: SECO2 Sectran Security,Inc. 20010450 Services Jan 2020 01/01/2020 512.24 Check Total: 512.24 Check No: 14185 Check Date: 01/23/2020 Vendor: SOUll Southern Counties Lubricants L 112809 Two(2)each,5 gallon pails of Chevron 01/03/2020 20.38 Check Total: 20.38 Check No: 14186 Check Date: 01/23/2020 Vendor: STA03 State Wtr Res Cntrl Board LW-1024954 Water System Fees 7-1 to 6-30-2019 12/09/2019 22,948.20 Check Total: 22,948.20 Check No: 14187 Check Date: 01/23/2020 Vendor: STE44 Steven Andrews Engineering 27401-05 Water Well Rehab Bolsa Chica-Nov 2019 11/30/2019 9,780.00 Check Total: 9,780.00 Page 4 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14188 Check Date: 01/23/2020 Vendor: syn05 SYNOPTEK 1170240 ITaaS Bundle Server Labor&Assessm 12/31/2019 300.00 1170023 Office 365 Dec 2019 12/31/2019 102.00 1169781 ITaas 12-10 to 12-31-2019 12/30/2019 323.98 1170114 Help Desk Services Feb 2020 01/01/2020 22,120.92 1170115 Datto Service Support Feb 2020 01/01/2020 2,023.65 1170442 Firewall Pair Dec 2019 12/31/2019 181.25 1170651 Web Hosting Jan 2020 01/01/2020 403.25 9103664 Credit Overbilling Inv 1168723 12/19/2019 280.30 1170373 Phase I 1.Architecture and Planning 2. 12/31/2019 3,390.00 1170241 Service Deployment project team providin 12/31/2019 150.00 1170241 Service Deployment project team providin 12/31/2019 150.00 Check Total: 28,864.75 Check No: 14189 Check Date: 01/23/2020 Vendor: THO17 Thomson Reuters—West 841577715 Services Dec 2019 01/01/2020 331.00 Check Total: 331.00 Check No: 14190 Check Date: 01/23/2020 Vendor: TIM04 Time Warner Cable LLC 0260410011 Services 1-10 to 2-9-2020 01/10/2020 122.18 0213294011 Services 1-10 to 2-9-2020 01/10/2020 629.99 Check Total: 752.17 Check No: 14191 Check Date: 01/23/2020 Vendor: USA04 USA Bluebook 078632 Ten(10)each,Flow charts/Chart Paper 11/27/2019 816.93 Check Total: 816.93 Check No: 14192 Check Date: 01/23/2020 Vendor: UTI04 UtillWorks Consulting LLC 5820 Advanced Water Metering Proj/Dec 2019 12/31/2019 6,250.00 5783 Advanced Water Metering Proj Nov 2019 11/30/2019 8,842.45 Check Total: 15,092.45 Check No: 14193 Check Date: 01/23/2020 Vendor: VAL05 Valverde Construction,Inc. 17281 Water Main Leak Repair 1100 Ocean 12/26/2019 6,016.15 Check Total: 6,016.15 Check No: 14194 Check Date: 01/23/2020 Vendor: WGZO1 W.G.Zimmerman Engineer. 19-11-932 Citywide Traffic Signal Improv\Citywid 12/07/2019 225.00 19-12-949 Traffic Eng Services Dec 2019 01/08/2020 800.00 19-12-947 Traffic Eng Services Dec 2019 01/08/2020 2,720.30 19-12-948 Traffic Eng Services Dec 2019 01/08/2020 675.00 19-11-919 OCTA 405 Widening Coop Agrmt\OCTA 405 12/09/2019 4,328.20 Check Total: 8,748.50 Date Totals: 841,689.88 Check No: 14195 Check Date: 01/30/2020 Vendor: AME73 American Elevator Services Inc S121724 Services Dec 2019 01/01/2020 90.00 Check Total: 90.00 Check No: 14196 Check Date: 01/30/2020 Vendor: AME84 Americas Printer.com 1176009 Business Cards 01/21/2020 79.27 Check Total: 79.27 Check No: 14197 Check Date: 01/30/2020 Vendor: ARA01 Aramark Services,Inc. 2006084000 Inmate Meals 11-21 to 12-25-2019 12/25/2019 2,210.00 Check Total: 2,210.00 Check No: 14198 Check Date: 01/30/2020 Vendor: ARA05 Aramark Uniform Services 534793965 Scraper Mat 12/26/2019 48.11 Page 5 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount 534793966 Scraper Mat 12/26/2019 37.14 534793966 Scraper Mat 12/26/2019 37.14 534793965 Scraper Mat 12/26/2019 48.10 Check Total: 170.49 Check No: 14199 Check Date: 01/30/2020 Vendor: ATH01 A-Throne 0000617206 Services 1-3 to 1-30-2020 01/03/2020 371.48 0000617205 Services 1-3 to 1-30-2020 01/03/2020 336.17 0000616726 Services 1-1 to 1-28-2020 01/01/2020 82.10 Check Total: 789.75 Check No: 14200 Check Date: 01/30/2020 Vendor: AWA01 Awards&Trophies 2326 Gold Aluminum Plate 01/08/2020 19.62 Check Total: 19.62 Check No: 14201 Check Date: 01/30/2020 Vendor: BATO6 Battery Systems Inc 5264483 Battery 01/02/2020 108.38 5222816 Battery 12/12/2019 443.04 5279240 Battery 01/09/2020 98.88 Check Total: 650.30 Check No: 14202 Check Date: 01/30/2020 Vendor: BAY08 Bay Hardware 347973 Primer/PVC Cement/Gloves/Tie Wire 01/07/2020 123.57 347955 Repair Tape/Gorilla Tape 01/06/2020 23.52 347996 Paint 01/08/2020 49.74 347995 Paint 01/08/2020 49.46 347958 Battery/Heater/Vortex Heater 01/06/2020 467.86 347905 Paint 01/02/2020 76.44 347963 Credit/Return-Chain Saw Tool Inv 01/07/2020 30.43 347962 Chain Saw Tool/ Chain 01/07/2020 80.96 347534 Outlet Strip 12/06/2019 12.71 347535 Outlet Cord 12/06/2019 18.48 347583 Paint Thinner/Paint 12/10/2019 20.49 347985 Portable Pushbutton Key Safe 01/08/2020 41.29 347980 Screws/Nuts/Bolts/Anchors 01/07/2020 4.13 347979 Shop Towels/Gloves/Batteries 01/07/2020 128.42 Check Total: 1,066.64 Check No: 14203 Check Date: 01/30/2020 Vendor: BRO34 Broadcast Music Inc 36836083 Services 1-1 to 12-31-2020 01/02/2020 364.00 Check Total: 364.00 Check No: 14204 Check Date: 01/30/2020 Vendor: BUS08 BUSINESS CARD 2525/1-20 Public Policy Class 01/10/2020 550.00 2525/1-20 Statement Credit 01/10/2020 325.00 2525/1-20 Statement Credit 01/10/2020 212.50 2525/1-20 Corkboard Wall 01/10/2020 105.00 2525/1-20 Signs for PD 01/10/2020 355.59 2525/1-20 Poster Frames 01/10/2020 161.57 2525/1-20 Challege Coins 01/10/2020 677.00 2525/1-20 Tidebooks 01/10/2020 649.86 2525/1-20 Statement Credit 01/10/2020 134.63 2525/1-20 Dinner for Council Meeting 01/10/2020 100.32 2525/1-20 Dinner for Council Meeting 01/10/2020 157.69 Check Total: 2,084.90 Check No: 14205 Check Date: 01/30/2020 Vendor: C301 C3 Technology Services INV 112686 Servics 12-6-19 to 1-5-2020 01/06/2020 95.96 INV 112686 Servics 12-6-19 to 1-5-2020 01/06/2020 241.76 Check Total: 337.72 Page 6 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14206 Check Date: 01/30/2020 Vendor: CIT63 City of Seal Beach Petty Cash W20774 Replenish Petty Cash 01/27/2020 93.78 W20774 Replenish Petty Cash 01/27/2020 64.94 W20774 Replenish Petty Cash 01/27/2020 78.30 W20774 Replenish Petty Cash 01/27/2020 210.50 W20774 Replenish Petty Cash 01/27/2020 129.55 W20774 Replenish Petty Cash 01/27/2020 169.65 W20774 Replenish Petty Cash 01/27/2020 21.63 W20774 Replenish Petty Cash 01/27/2020 81.80 W20774 Replenish Petty Cash 01/27/2020 65.18 Check Total: 915.33 Check No: 14207 Check Date: 01/30/2020 Vendor: CIT63 City of Seal Beach Petty Cash W18456 Replenish Petty Cash 01/28/2020 19.95 W18456 Replenish Petty Cash 01/28/2020 22.83 W18456 Replenish Petty Cash 01/28/2020 208.58 W18456 Replenish Petty Cash 01/28/2020 14.00 W18456 Replenish Petty Cash 01/28/2020 10.86 W18456 Replenish Petty Cash 01/28/2020 132.82 W18456 Replenish Petty Cash 01/28/2020 44.71 W18456 Replenish Petty Cash 01/28/2020 30.00 Check Total: 483.75 Check No: 14208 Check Date: 01/30/2020 Vendor: CLE11 CleanStreet Inc. 96248 Services Dec 2019 12/31/2019 14,013.83 Check Total: 14,013.83 Check No: 14209 Check Date: 01/30/2020 Vendor: COL36 CMY 1.27.2019 Services Jan 2020 01/27/2019 2,558.40 Check Total: 2,558.40 Check No: 14210 Check Date: 01/30/2020 Vendor: COM46 Commercial Aquatic Services 120-1087 Chemicals Delivered 1-8-2020 01/08/2020 240.94 Check Total: 240.94 Check No: 14211 Check Date: 01/30/2020 Vendor: COU32 County of Orange SH55380 AFIS Services Jan 2020 01/06/2020 1,227.00 Check Total: 1,227.00 Check No: 14212 Check Date: 01/30/2020 Vendor: CUEVAS01 Marco Cuevas Jr. W18791 Wellness Program 12/16/2019 320.00 W18791 Wellness Program 12/16/2019 80.00 Check Total: 400.00 Check No: 14213 Check Date: 01/30/2020 Vendor: DAV05 Dave Bang Assoc.,Inc. 48008 Wabash#PP412D,6'Bench,diamond patter 12/18/2019 668.70 Check Total: 668.70 Check No: 14214 Check Date: 01/30/2020 Vendor: DAVID David Barr W18454 Reimb.Blood Sugar Testers 01/21/2020 73.92 W18454 Restocking Jail Commissary 01/21/2020 801.66 Check Total: 875.58 Check No: 14215 Check Date: 01/30/2020 Vendor: DEK02 Dekra-lite ARINV01060 Custom Gift Box Light Switch 12/09/2019 150.00 Check Total: 150.00 Check No: 14216 Check Date: 01/30/2020 Vendor: DEL01 Delta Elevator 1219-560 Services Dec 2019 12/31/2019 213.32 Check Total: 213.32 Page 7 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14217 Check Date: 01/30/2020 Vendor: DEPART Department of Justice 427024 Services Dec 2020 01/06/2020 132.00 Check Total: 132.00 Check No: 14218 Check Date: 01/30/2020 Vendor: DFM01 DFM Associates W18763 2020 California Elections Code 01/22/2020 57.90 Check Total: 57.90 Check No: 14219 Check Date: 01/30/2020 Vendor: DIX Dixon Resources Unlimited 2434 On call services-parking-Dec 2019 12/31/2019 1,470.00 Check Total: 1,470.00 Check No: 14220 Check Date: 01/30/2020 Vendor: EFF02 Efficient X-Ray,Inc. 336177 Biohazardous Waste 01/07/2020 65.00 Check Total: 65.00 Check No: 14221 Check Date: 01/30/2020 Vendor: FUNES Samuel Funes W18790 Wellness Program 12/12/2019 320.00 W18790 Wellness Program 12/12/2019 40.00 W18790 Wellness Program 12/12/2019 40.00 Check Total: 400.00 Check No: 14222 Check Date: 01/30/2020 Vendor: GRA08 Grainger 9384683265 Impact Socket Set 12/12/2019 87.00 9369483046 Cord&Plug/Wrench 11/26/2019 46.78 9369897070 Cord Protector 11/27/2019 5.40 Check Total: 139.18 Check No: 14223 Check Date: 01/30/2020 Vendor: HARTY Carol Harty W18259 Partial Refund for Tranferred Class 01/28/2020 129.00 Check Total: 129.00 Check No: 14224 Check Date: 01/30/2020 Vendor: 111301 Core&Main LP L660652 14 each,MB cover triangular,marked wat 12/13/2019 449.14 L660652 14 each,4TT concrete valve box 12/13/2019 513.85 Check Total: 962.99 Check No: 14225 Check Date: 01/30/2020 Vendor: HOM01 Home Depot Credit Services 0014045 Toilet/Mud Mixer/Wax Ring 12/19/2019 277.09 H0647-1249 Gloves/Screws/Strand Board 01/09/2020 152.90 H0647-1247 Gloves/Screws/Strand Board 01/07/2020 432.83 Check Total: 862.82 Check No: 14226 Check Date: 01/30/2020 Vendor: HUGO3 Hughes Network Systems,LLC B1-3540471 Services 1-16 to 2-16-2020 01/16/2020 108.06 Check Total: 108.06 Check No: 14227 Check Date: 01/30/2020 Vendor: IMSA IMSA 41868 Membership Dues-B Moran 01/10/2020 100.00 Check Total: 100.00 Check No: 14228 Check Date: 01/30/2020 Vendor: IRV05 Irvine Valley Air Conditioning 1338853 HVAC System Maintenance for Citywide fac 12/12/2019 5,280.00 Check Total: 5,280.00 Check No: 14229 Check Date: 01/30/2020 Vendor: JHM JHM Supply Inc 52042/3 Brass Nipples 01/10/2020 278.85 51939/3 Trench Shovel/Sledge 01/02/2020 133.58 Check Total: 412.43 Page 8 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check No: 14230 Check Date: 01/30/2020 Vendor: JKE01 J K Electronics 32497 Screwdriver/AC Cord/Batteries/Cutter 12/18/2019 136.16 Check Total: 136.16 Check No: 14231 Check Date: 01/30/2020 Vendor: KO01 Calvin Ko W20732 Wellness Program 01/23/2020 400.00 Check Total: 400.00 Check No: 14232 Check Date: 01/30/2020 Vendor: KOF Koff&Associates 5872 Compensation Study 01/03/2020 1,320.50 Check Total: 1,320.50 Check No: 14233 Check Date: 01/30/2020 Vendor: MBC MBC Aquatic Sciences Inc. 29046 Bathymetric/Burial depth survey for wate 10/15/2019 1,611.00 Check Total: 1,611.00 Check No: 14234 Check Date: 01/30/2020 Vendor: MCIO1 MCI Comm Services 7N484178/2 Services Feb 2020 01/19/2020 37.00 Check Total: 37.00 Check No: 14235 Check Date: 01/30/2020 Vendor: MITO1 Mitchell 1 23766482 Prodemand Only Government 12/05/2019 1,728.00 Check Total: 1,728.00 Check No: 14236 Check Date: 01/30/2020 Vendor: MUNO2 Municipal Water District of Or 10068 Water Deliveries Dec 2019 01/15/2020 8,225.97 Check Total: 8,225.97 Check No: 14237 Check Date: 01/30/2020 Vendor: MUN15 Municipal Maintenance Equipmen 0144634-IN Standard Cleaning Nozzle/Tip Cleaning 12/29/2019 504.06 0144989-IN 4"Skid for Bulldog 01/08/2020 283.84 0144921-IN 8"Kanaflex 01/08/2020 416.60 0144038-IN Hose Guide 11/29/2019 129.99 Check Total: 1,334.49 Check No: 14238 Check Date: 01/30/2020 Vendor: NETT David Nett W18900 Wellness Program 12/19/2019 60.00 W18900 Wellness Program 12/19/2019 340.00 Check Total: 400.00 Check No: 14239 Check Date: 01/30/2020 Vendor: NIC08 Nicholas Nicholas W18455 Reimb Utility Car for Patrol 01/21/2020 173.99 Check Total: 173.99 Check No: 14240 Check Date: 01/30/2020 Vendor: NILES Floy Niles W18260 Refund-Charged Twice for Class Enrollmt 01/28/2020 102.00 Check Total: 102.00 Check No: 14241 Check Date: 01/30/2020 Vendor: OCWD Orange County Water Dist. 95-01-1-D Services 7-1 to 12-31-2019/95209012 01/07/2020 8,758.38 87-02-03-M Services 7-1 to 12-31-2019/M144301410 01/07/2020 137,660.28 Check Total:146,418.66 Check No: 14242 Check Date: 01/30/2020 Vendor: OFF05 Office Depot,Inc. 4248153760 File Cabinet 01/07/2020 615.47 Check Total: 615.47 Check No: 14243 Check Date: 01/30/2020 Vendor: OFFII Office Solutions Business Prod I-01697450 Tape/Plate/Cups/Pens/Sanitizer 01/09/2020 86.80 I-01697547 Correction Tape/Folders/Duster 01/09/2020 115.36 Page 9 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount I-01696210 Keyboard 01/08/2020 34.79 I-01696397 Creamer/Paper/Cups 01/08/2020 146.79 1-01697301 Magnetical Board 01/09/2020 492.84 I-01697065 Desk Pad/Bookend 01/09/2020 2.51 I-01695664 Desk Pad/Bookend 01/07/2020 34.52 I-01696498 Calendars 01/08/2020 21.49 1-01658783 (4000)Records Case Number Folders 10/21/2019 1,973.26 1-01697450 Tape/Plate/Cups/Pens/Sanitizer 01/09/2020 86.80 Check Total: 2,995.16 Check No: 14244 Check Date: 01/30/2020 Vendor: ONP05 On Point Exterminating Inc 3797 Services Dec 2019-Marina Center 12/20/2019 50.00 3760 Services Dec 2019-City Yard 12/20/2019 60.00 3799 Services Dec 2019-Library 12/20/2019 60.00 4006 Services Jan 2020-Edison Park 01/10/2020 150.00 Check Total: 320.00 Check No: 14245 Check Date: 01/30/2020 Vendor: ORT02 Ortco,Inc. 19-311 Rubber surfacing for Almond Park 12/23/2019 9,300.00 19-311 Rubber surfacing for Almond Park 12/23/2019 10,000.00 Check Total: 19,300.00 Check No: 14246 Check Date: 01/30/2020 Vendor: PFM PFM Asset Management LLC SMA-M1219- Investment Advisory Services-Dec 2019 12/31/2019 2,307.35 Check Total: 2,307.35 Check No: 14247 Check Date: 01/30/2020 Vendor: PLUO2 Plumbers Depot Inc PD-44031 GraniteNet Software modules/support for 12/23/2019 26,890.00 Check Total: 26,890.00 Check No: 14248 Check Date: 01/30/2020 Vendor: QUI07 A-Quick Rooter&Plumbing Co. 3208 ADA Toilet Parts 01/03/2020 299.00 Check Total: 299.00 Check No: 14249 Check Date: 01/30/2020 Vendor: RDO01 Rdo Equipment E01726 Stump grinder.Fleet program purchase FY 10/04/2019 17,718.64 Check Total: 17,718.64 Check No: 14250 Check Date: 01/30/2020 Vendor: REG13 Regional Lighting 10615 Replaced 3 Lamps 12/19/2019 765.00 Check Total: 765.00 Check No: 14251 Check Date: 01/30/2020 Vendor: RICO2 Richards Watson&Gershon 224876 Services Nov 2019-Additional Services 12/16/2019 24.89 224877 Services Nov 2019-Personnel Matters 12/16/2019 2,790.00 224878 Services Nov 2019-Adv Bay City Partners 12/16/2019 79.05 224879 Services Nov 2019-Acq.City PropertyOCTA 12/16/2019 16,280.83 Check Total: 19,174.77 Check No: 14252 Check Date: 01/30/2020 Vendor: ROBLES Jennifer Robles W18909 Wellness Program 01/23/2020 40.00 W18909 Wellness Program 01/23/2020 60.00 W18909 Wellness Program 01/23/2020 20.00 W18909 Wellness Program 01/23/2020 160.00 W18909 Wellness Program 01/23/2020 40.00 W18909 Wellness Program 01/23/2020 40.00 W18909 Wellness Program 01/23/2020 40.00 Check Total: 400.00 Check No: 14253 Check Date: 01/30t2020 Vendor: SAF10 Safeshred Company,Inc. 312826 Services Dec 2019 12/31/2019 54.00 Page 10 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check Total: 54.00 Check No: 14254 Check Date: 01/30/2020 Vendor: SCE01 Southern Calif.Edison 2024049330 Services 12-19-19 to 1-21-2020 01/22/2020 14.86 2257358971 Services 12-19-19 to 1-21-2020 01/22/2020 1,915.37 2278053483 Services 12-19-19 to 1-21-2020 01/22/2020 12.06 2277171120 Services 12-19-19 to 1-21-2020 01/22/2020 12.18 Check Total: 1,954.47 Check No: 14255 Check Date: 01/30/2020 Vendor: SECO6 SecureSite Solutions Inc. 11316 Services Jan 2020 01/01/2020 95.00 Check Total: 95.00 Check No: 14256 Check Date: 01/30/2020 Vendor: SIE09 Siemens Industry,Inc. 5620020914 Bucket Truck 11/18/2019 756.00 Check Total: 756.00 Check No: 14257 Check Date: 01/30/2020 Vendor: SKY04 Skyline Safety and Supply 5209 Rain Jackets/Coveralls 11/27/2019 309.10 Check Total: 309.10 Check No: 14258 Check Date: 01/30/2020 Vendor: soc SoCal Auto&Truck Parts Inc. 449993 Oil Filters/Air Filters 07/18/2019 125.23 4126-46665 Gas Cap 01/06/2020 12.50 4126-46689 Emer Service Rotors/Disc Brake Pads 01/08/2020 227.49 4126-46677 Air Filters 01/07/2020 117.29 455224 Pin Hook 09/06/2019 103.18 4126-46697 Autrn 01/09/2020 82.63 Check Total: 668.32 Check No: 14259 Check Date: 01/30/2020 Vendor: S0008 So.California Gas Co. 1208091900 Services 12-16-19 to 1-15-2020 01/17/2020 50.00 0643098600 Services 12-18-19 to 1-17-2020 01/22/2020 237.59 0895101070 Services 12-18-19 to 1-17-2020 01/22/2020 27.91 0895096603 Services 12-18-19 to 1-17-2020 01/22/2020 43.44 0811316591 Services 12-18-19 to 1-17-2020 01/22/2020 21.44 1672096500 Services 12-18-19 to 1-17-2020 01/22/2020 219.40 1630098500 Services 12-18-19 to 1-17-2020 01/22/2020 293.48 1483098500 Services 12-17-19 to 1-17-2020 01/22/2020 546.01 0349464457 Services 12-18-19 to 1-17-2020 01/22/2020 20.15 0811937654 Services 12-17-19 to 1-16-2020 01/21/2020 16.27 0286095705 Services 12-17-19 to 1-16-2020 01/21/2020 25.31 0391095700 Services 12-17-19 to 1-16-2020 01/21/2020 302.28 0349094500 Services 12-17-19 to 1-16-2020 01/21/2020 20.65 Check Total: 1,823.93 Check No: 14260 Check Date: 01/30/2020 Vendor: SOU19 South Coast Supply 95685121-0 Crushed Base 10/30/2019 158.36 95685121-0 Crushed Base 10/30/2019 158.36 96344906-0 Garden Soil/String Twine 12/05/2019 233.86 Check Total: 550.58 Check No: 14261 Check Date: 01/30/2020 Vendor: SPITZ David Spitz W22041 Wellness Program 01/28/2020 50.00 W22041 Wellness Program 01/28/2020 50.00 W22041 Wellness Program 01/28/2020 150.00 W22041 Wellness Program 01/28/2020 150.00 W22041 Wellness Program 01/28/2020 100.00 Check Total: 500.00 Check No: 14262 Check Date: 01/30/2020 Vendor: STA03 State Wtr Res Cntrl Board WD-0170325 Annual Permit 7-1-19 to 6-30-20/30201702 01/08/2020 1,638.00 Page 11 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount Check Total: 1,638.00 Check No: 14263 Check Date: 01/30/2020 Vendor: SUN27 Sunbelt Rentals,Inc. 97013667-0 Portable pump for stormwater&water pum 12/17/2019 47,523.75 Check Total: 47,523.75 Check No: 14264 Check Date: 01/30/2020 Vendor: TALARICO Joseph Talarico W18910 Wellness Program 01/28/2020 80.00 W18910 Wellness Program 01/28/2020 60.00 W18910 Wellness Program 01/28/2020 120.00 W18910 Wellness Program 01/28/2020 80.00 W18910 Wellness Program 01/28/2020 60.00 Check Total: 400.00 Check No: 14265 Check Date: 01/30/2020 Vendor: TCTI The Counseling Team Internatio 75299 Services Dec 20219 01/06/2020 1,000.00 Check Total: 1,000.00 Check No: 14266 Check Date: 01/30/2020 Vendor: TIM04 Time Warner Cable LLC 0212676012 Services 1-23 to 2-22-2020 01/23/2020 260.95 0270666011 Services 1-19 to 2-18-2020 01/19/2020 110.34 0010799011 Services 1/18 to 2-17-2020 01/18/2020 108.21 Check Total: 479.50 Check No: 14267 Check Date: 01/30/2020 Vendor: TRU01 ALS-Truesdail Laboratories,I 521906190 Weeekly Drinking Water 12-18-2019 12/27/2019 175.50 522000042 Weekly Drinking Water 12-31-19 01/08/2020 175.50 521906355 Quarterly Drinking Water 11-27-2019 12/31/2019 57.00 521906364 Quarterly Drinking Water 11-27-2019 12/31/2019 57.00 521906238 Weekly Drinking Water 12-23-2019 12/30/2019 186.25 Check Total: 651.25 Check No: 14268 Check Date: 01/30/2020 Vendor: TUR10 Turtle&Hughes,Inc. 3902537-00 GFCI Cover 12/06/2019 31.01 3949726-00 Coil/Fuse/SP Fuse 01/09/2020 101.00 3910800-00 Cond Body/Galvanized Nipple 12/11/2019 12.67 3885600-00 Fluor Lamp 12/06/2019 70.79 Check Total: 215.47 Check No: 14269 Check Date: 01/30/2020 Vendor: UNDO!Underground Sery Alert Sc 122019640 Services Jan 2020 01/01/2020 133.75 18dsbfe718 Services Jan 2020 01/01/2020 103.71 Check Total: 237.46 Check No: 14270 Check Date: 01/30/2020 Vendor: UNI21 United Rentals Northwest,Inc. 177369648- Road Plate 01/07/2020 668.12 162856322- Tread Cleaning Plate 12/19/2019 219.33 Check Total: 887.45 Check No: 14271 Check Date: 01/30/2020 Vendor: USO04 US Postmaster W18911 2020 Spring Brochure Mailing-Permit70001 01/28/2020 1,500.00 Check Total: 1,500.00 Check No: 14272 Check Date: 01/30/2020 Vendor: VOY02 US Bank Voyager Fleet System 8690175099 Services 11-25 to 12-24-2019 12/24/2019 14,831.49 Check Total: 14,831.49 Check No: 14273 Check Date: 01/30/2020 Vendor: WEKERLY Cory Wekerle W18908 Wellness Program 01/24/2020 160.00 W18908 Wellness Program 01/24/2020 40.00 W18908 Wellness Program 01/24/2020 80.00 Page 12 City of Seal Beach Accounts Payable Printed:02/03/2020 13:34 User:mtran Checks by Date-Detail By Check Date Detail Check Amount W18908 Wellness Program 01/24/2020 80.00 W18908 Wellness Program 01/24/2020 40.00 Check Total: 400.00 Check No: 14274 Check Date: 01/30/2020 Vendor: WES17 West Coast Arborists,Inc. 1-5608 Services Jan 6&7 2020 01/13/2020 2,000.00 Check Total: 2,000.00 Check No: 14275 Check Date: 01/30/2020 Vendor: WOR09 Worthington Ford 5090073 Engine Bracket 01/02/2020 81.87 Check Total: 81.87 Check No: 14276 Check Date: 01/30/2020 Vendor: YUM Yume Gardens LLC 25607 Pond Maint-4 Visits 01/03/2020 260.00 Check Total: 260.00 Check No: 14279 Check Date: 01/30/2020 Vendor: CALPERED CALPERS W20773 FY 19/20 1st/2nd Qrter OPEB Cont.01/28/2020 120,000.00 Check Total:120,000.00 Date Totals: 491,219.72 Report Total: 1,332,909.60 Page 13 Agenda Item D AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Authorization to Approve Payment for the Emergency Water System Repairs and Dispensing with Public Bidding Requirements ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7001 to: 1. Confirm that the emergency repairs of the City’s public water system in the alley west of 311 Main Street were of urgent necessity for the immediate preservation of life, health, and property; and, 2. Approve Budget Amendment BA 20-08-01 in the amount of $33,000 for emergency repairs of the City’s public water system in the alley west of 311 Main Street, Project EM2003; and, 3. Ratify the Purchase Order contract with Valverde Construction, Inc. for the emergency water system and alley repairs in the alley west of 311 Main Street, without advertising for bids, in an amount not to exceed $32,034.97; and, 4. Accept the emergency repairs of the City’s public water system in the alley west of 311 Main Street, Project EM2003 by Valverde Construction in the amount of $32,034.97; and, 5. Direct the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within ten (10) days from the date of acceptance and to release retention in the amount of $1,601.75 thirty-five (35) days following the filing of the Notice of Completion. BACKGROUND AND ANALYSIS: Valverde Construction (Valverde) is an underground utility construction contractor that specializes in emergency repair of water and sewer systems throughout 6 7 8 Orange and Los Angeles Counties. The City of Seal Beach has been utilizing Valverde for over 20 years to perform emergency repairs to the City’s water and sewer systems. To date, Valverde has completed separate emergency water system repairs at the following locations: A 6-inch water main at Seal Way/11th Street broke on July 23, 2019. Valverde was immediately called out to perform repairs and to place the pipeline back in service. Valverde’s total cost for this emergency repair was $6,710 and the work was paid under the Public Works Director’s signing authority A water isolation valve connecting the water system to the building’s fire sprinkler system located at 311 Main Street was determined to have failed on July 5, 2019. This failed valve prevented the building owner from repairing a significant leak in their fire sprinkler system which required immediate repairs. Valverde’s total cost for this emergency repair work was $7,272.87 and the work was paid under the Public Works Director’s signing authority A 6-inch water main broke at 11th Street south of Ocean Avenue on December 20, 2019. Valverde was immediately called out to perform repairs and place the pipeline back in service. Valverde’s total cost for this emergency repair work was $6,016.15 and the work was paid under the Public Works Director’s signing authority. On July of 2019, staff observed that the alley concrete panels in the vicinity of 311 Main Street were in extremely poor condition as compared to other portions of the alley. Upon further investigation it was determined that the sub-grade under the failed alley concrete panels were extremely saturated and thus greatly reducing the overall integrity of the alley’s ability to support traffic loading. This in turn was causing settlement and significant cracking in the affected concrete panels. It was believed that the cause of the over saturated ground underlying these concrete alley panels was a water system leak. Valverde was mobilized on an emergency basis to the 311 Main Street site on October 30, 2019 to remove the damaged concrete panels and commence with exploratory excavations to find the source of the water leak. In the end it was determined that a leaky water service connection was the cause of the underlying saturated soil. Once this service connection was repaired, Valverde was directed to excavate the affected sections of the alley as necessary, to remove the over saturated soil and backfill with new sub-grade material to once again restore the integrity of the affected alley. Valverde then installed the concrete panels the full width of the alley, as required per City standards. It should be noted that the work also included relocating 3 residential water meters from adjacent private driveways into the newly poured concrete alley panels to coincide with the current City water meter placement standard. Valverde’s total cost for the 311 Main Street alley emergency water system repair work is $32,034.92. 6 7 8 None of the emergency repair projects were connected to each other and each project constituted a separate emergency repair. The contract awards to Valverde did not constitute breaking a large project into smaller segments to avoid bidding processes. The nature of water line and valve repair work is that it must be done quickly to keep water supply flowing and the need for the work is unpredictable. It is not practical or realistic to delay these repairs until after a bidding and City Council approval process. This is why payment of invoices related to this emergency repair job are currently pending since the cumulative total of these invoices combined with previous payments made to Valverde for the three other emergency water system repairs would exceed the Public Works Department Director’s signing authority limit of $33,970. Therefore, staff is seeking authorization to execute a purchase order contract to pay the outstanding invoices in the amount of $32,034.92. ENVIRONMENTAL IMPACT: Emergency repair projects to an existing water facility are categorically exempt from CEQA review under a Class 1 exemption and there is no anticipated environmental impact associated with these repair projects. LEGAL ANALYSIS: The City Attorney concurs that these individual emergency repair projects met the requirement for dispensing with public bidding for emergency projects pursuant to the City Charter. Staff seeks City Council ratification of these actions, and the necessary approvals to enable payment. FINANCIAL IMPACT: The funding required for this project will come from the Water Capital Improvement Fund (019). There is available fund balance to cover this project. Budget Amendment BA #20-08-01 allocates $32,034.92 for the Project as follows: Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Capital Project 019- 950- 49605 $ 3,056,200 $ 3,089,200 $ 33,000 Valverde has completed emergency water system repairs and the corresponding Main Street alley repairs have been completed and no further work is required. All emergency pipeline repair work on the 311 Main Street project was completed by Valverde for the final amount of $32,034.92. STRATEGIC PLAN: 6 7 8 This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7001 to: 1. Confirm that the emergency repairs of the City’s public water system in the alley west of 311 Main Street were of urgent necessity for the immediate preservation of life, health, and property; and, 2. Approve Budget Amendment BA #20-08-01 in the amount of $33,000 for emergency repairs of the City’s public water system in the alley west of 311 Main Street, Project EM2003; and, 3. Ratify the PO contract with Valverde Construction, Inc. for the emergency water system and alley repairs in the alley west of 311 Main Street, without advertising for bids in an amount not to exceed $32,034.97; and, 4. Accept the emergency repairs of the City’s public water system in the alley west of 311 Main Street, Project EM2003 by Valverde Construction in the amount of $32,034.97; and, 5. Direct the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within ten (10) days from the date of acceptance and to release retention in the amount of $1,601.75 thirty-five (35) days following the filing of the Notice of Completion. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: David E. Fait, Deputy Director PW/Maintenance and Utilities ATTACHMENTS: A. Resolution 7001 with Exhibit A 6 7 8 B. Notice of Completion RESOLUTION 7001 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE DECLARATION OF AN EMERGENCY AND DISPENSING WITH PUBLIC BIDDING FOR EMERGENCY WATER SYSTEM REPAIRS IN THE VICINITY OF 311 MAIN STREET ALLEY ON THE BASIS THAT THE WATER SYSTEM REPAIRS WERE OF URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH AND PROPERTY, RATIFYING THE CONTRACTS FOR EMERGENCY WATER SYSTEM REPAIRS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND APPROVING BUDGET AMENDMENT BA #20-08-01 TO ALLOCATE $33,000 TO REPAIR THE WATER TRANSMISSION MAIN BREAKS, EM2003, ACCEPTING COMPLETION OF THE MAIN STREET ALLEY REPAIR PROJECT CIP EM2003 AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: WHEREAS A water system leak was threatening the integrity of the water system, as well as the integrity of the alley’s structural section in the vicinity of 311 Main Street. WHEREAS The Public Works Director declared an emergency finding that the repair of the recent break(s) in the above-described water system repairs were of urgent necessity for the immediate preservation of life, health and property and that there would not be sufficient time for public bidding in order to carry out the repairs and authorized the emergency repairs to be performed by Valverde Construction. Previously, other separate emergency waterline repairs had been performed by Valverde under contracts executed by the Director pursuant to his contracting authority. WHEREAS The City’s Charter sections 107 and 1010 authorize the City to dispense with public bidding as necessary for the preservation of life, health or property. The City Council hereby declares that emergency repairs to the water system in the alley west of 311 Main Street were necessary for the immediate preservation of life, health and property of the City, and therefore ratifies the emergency contracts awarded without competitive bidding and authorizes the City Manager to executed contracts as necessary for the emergency water system repair project without advertising for bids. SECTION 1. The City Council hereby approves Budget Amendment BA 20-08-01 to allocate $33,000 in account number 019-950-49605 for emergency repairs to the water system in the alley west of 311 Main Street: Budget Amendment BA #20-08-01 allocates $33,000 for the Project as follows: Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Capital Project 019-950-49605 $3,056,200 $3,089,200 $33,000 SECTION 2. The City Council hereby authorizes the City Manager to execute a purchase order contract with Valverde Construction, on behalf of the City of Seal Beach, for the water system repair and corresponding alley repairs in the vicinity of 311 Main Street in accordance with Valverde invoices dated November 22, 2019 and November 30, 2019 attached hereto as Exhibit “A”, for a total amount not to exceed $32,034.92. The City Council is aware of, and ratifies, other previous separate contracts with Valverde for emergency repairs that were entered into under the Director’s contracting authority and not separated for the purpose of avoiding contracting requirements. SECTION 3. The City accepts the completion of the Project Number EM2003 (the “Project”) by Valverde Construction in the amount of $32,034.92 for the work performed. SECTION 4. The City Clerk is hereby directed to file a “Notice of Completion” for the Main Street Alley Water System Repair Project with the Orange County Clerk-Recorder within ten (10) days of the date of this resolution, and to release the retention of $1,601.75 thirty-five (35) days following the filing of the Notice of Completion. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 4 6 7 5 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7001 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on November 4, 2019. The work was Main Street Alley Water System Repair Project EM 2003. 6. The name of the contractor(s), if any, for such improvement was: Valverde Construction. The start date of the emergency repair was October 30, 2019. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Within the public alley west of 310 Main Street Date: _______________ _________________________________________ Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2020, at Seal Beach, California. (Date of Signature) _________________________________________ Director of Public Works, City of Seal Beach Agenda Item E AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Phil Gonshak, Chief of Police SUBJECT:Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2018 Urban Area Security Initiative (UASI) ________________________________________________________________ SUMMARY OF REQUEST: The proposed City Council action will adopt Resolution 7002 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2018 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim Police Department in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. BACKGROUND AND ANALYSIS: The Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI). The City of Seal Beach is located in the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California. The City must enter into agreement with the City of Anaheim, which is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the transfer of Homeland Security Grant funds. The program requires the City Council to adopt a resolution authorizing the City Manager to execute documents in order to obtain the grant funds. ENVIRONMENTAL IMPACT: This action is not subject to review under the California Environmental Quality Act. Page 2 6 6 9 LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: The City of Seal Beach may receive UASI grant funds in the form of training, equipment or support. There is no designated funding allotment at this time. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: The proposed City Council action will adopt Resolution 7002 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2018 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim Police Department in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. SUBMITTED BY: NOTED AND APPROVED: Philip L. Gonshak Jill R. Ingram Phil Gonshak, Chief of Police Jill R. Ingram, City Manager Prepared by: Prepared by: Joe Garcia, Emergency Services Coordinator ATTACHMENTS: A. Resolution 7002 B. Agreement to Transfer Property or Funds for FY 2018 UASI Grant Program Purposes C. Certification Regarding Debarment, Suspension and Other Responsibility Matters D. Certificate Regarding Lobbying E. FY2018 Grant Assurances RESOLUTION 7002 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUB-AWARD AGREEMENT BETWEEN THE CITIES OF SEAL BEACH AND ANAHEIM FOR THE FY 2018 URBAN AREAS SECURITY INITIATIVE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI), and WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub-grants from the State of California. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council approves the Agreement for transfer or purchase of equipment and services or for reimbursement of training costs for FY 2018 UASI Grant Program Purposes. Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement and any other documents necessary to receive and use the grant funds. Section 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 4 6 3 5 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7002 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 10th day of February, 2020. Gloria D. Harper, City Clerk Craig A. Steele City Attorney, City of Seal Beach Agenda Item F AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Public Works Director SUBJECT:Public Works Agreement with C.I. Services, Inc. for Zero Tower Safety Improvements CIP BP1902 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7003: 1. Awarding a Public Works Agreement with C.I. Services, Inc. in a not-to- exceed amount of $30,800 for the Zero Tower Safety Improvements, CIP BP1902; and, 2. Authorizes and directs the Public Works Director to execute the agreement. BACKGROUND AND ANALYSIS: The City’s Zero Tower Safety Improvements project is budgeted in the FY 2019-2020 Capital Improvement Program, which included the facility’s roof repair. On August 22, 2019, contractors were invited to a mandatory pre-bid meeting, and informal bids were solicited. On September 11, 2019, three (3) contractors submitted bids and the results are summarized below: Contractor Name Total Bid Amount Chapman Coast $12,331 C.I. Services, Inc. $30,800 Tecta America Southern California, Inc.$38,340 Chapman Coast submitted the lowest bid at $12,331; however, they were not able to comply with contract requirements and withdrew their bid. The next responsive low bid is C.I. Services, Inc. (CIS) with a bid amount of $30,800. While this bid amount is notably higher than the low bid, it is consistent with the Engineer’s Estimate. More importantly, CIS was able to meet the contract requirements of providing a detailed Containment Plan. CIS has consistently completed similar 6 7 7 roofing projects for other local agencies, such as Newport Beach and Corona Del Mar. In September 2019, informal bids were solicited for the Zero Tower deck repair, where CIS was awarded the contract in the amount of $24,500. Since the combined total of the existing deck repair project and the recommended roofing repair is $55,300 and would exceed the $33,970 signing authority threshold of the Public Works Director, staff is requesting authorization to award a separate Public Works Agreement with CIS to perform the Zero Tower roof. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b). LEGAL ANALYSIS: The City Attorney has reviewed and approved the agreement and resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the approved FY 2019-2020 Capital Improvement Program Budget for the Project. Description Amount Deck Repair $ 24,500 Roof Repair $ 30,800 Total $ 55,300 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: 1. Awarding a Public Works Agreement with C.I. Services, Inc. in a not-to- exceed amount of $30,800 for the Zero Tower Safety Improvements, CIP BP1902; and, 6 7 7 2. Authorizes and directs the Public Works Director to execute the agreement. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Public Works Director Jill R. Ingram, City Manager Prepared by: Denice Bailey, Assistant Engineer ATTACHMENTS: A. Resolution 7003 B. Agreement RESOLUTION 7003 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A PUBLIC WORKS AGREEMENT WITH C.I. SERVICES, INC. FOR THE ZERO TOWER ROOF REPAIRS AND MAINTENANCE AS A PART OF THE ZERO TOWER SAFETY IMPROVEMENTS, CIP BP1902. WHEREAS, the City issued a solicitation for informal bids from qualified firms to perform repairs and maintenance services as a part of the Zero Tower Safety Improvements, CIP BP1902 (“Project”); WHEREAS, the City received three (3) bids in response to the solicitation, where Chapman Coast submitted the lowest bid in the amount of $12,331, but subsequently withdrew their bid. WHEREAS, C.I. Services, Inc. was the next responsive low bid at $30,800 and is a qualified firm to perform the project. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby awards a public works agreement to CI Services, Inc. for the Project in the not-to-exceed amount of $30,800, and rejects all other bids. SECTION 2. The City Council hereby authorizes and directs the Public Works Director to execute the agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 4 6 7 0 Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7003 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT for Zero Tower Safety Improvements - Repair and Maintenance Roofing Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & C.I. Services, Inc. 26861 Trabuco Road #353 Mission Viejo, CA 92691 800-830-7888 This Professional Service Agreement (“the Agreement”) is made as of February 10, 2020 (the “Effective Date”), by and between C.I. Services, Inc. (“Contractor”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 16 RECITALS A. City desires certain repair and maintenance roofing services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.035(D), City solicited informal bids from vendors to carry out the Project, and obtained three written bids. Contractor has submitted an informal bid to the City for the Project dated in the amount of $30,800.00, attached hereto as Exhibit A and incorporated herein by reference, which constitutes the lowest acceptable quotation. C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.035(D), City desires to engage Contractor to provide street sweeping services in the manner set forth herein and more fully described in Section 1.0. D. Contractor represents that the principal members of its firm are qualified California-licensed professional roofing contractor (License #701434, DIR #1000005311) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide the work and other services (collectively “Services”) set forth in Exhibit A, Bid Proposal, attached hereto and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by li ke professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and 3 of 16 Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor’s work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on February 10, 2020 and shall remain in full force and effect until June 30, 2020, unless sooner terminated as provided in Section 6.0 of this Agreement. 3.0 Contractor’s Compensation 3.1. City will pay Contractor in accordance with the fees schedule shown and set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of Thirty Thousand Eight Hundred Dollars and 00/xx ($30,800.00 US dollars) for the Term. 3.2. Contractor will not be compensated for any work performed not specified in the Scope of Services unless t he City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount require s prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor’s invoice. City will not withhold any applicable federal or state payroll 4 of 16 and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City’s agents or representatives to inspect at Contractor’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Payment and Performance Bonds; Guaranty. Unless otherwise expressly provided in the bid documents, or exemp ted by City, prior to commencing work, Contractor shall provide a payment bond and performance bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. Pursuant to the bid documents for this Project, Contractor is required to provide a written guaranty of Contractor’s work. In furtherance thereof, Contractor shall execute the written form of Guaranty attached hereto and incorporated by reference herein. 6.0 Termination 6.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 6.2. This Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 7.0 Party Representatives 7.1. The City Manager is the City’s representative for purposes of this Agreement. 7.2. Art Jones is the Contractor's primary representative for purposes of this Agreement. Art Jones shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 5 of 16 8.0 Notices 8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: C.I. Services, Inc. 26861 Trabuco Road #353 Mission Viejo, CA 92691 Attn: Art Jones 8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor’s employees or other personnel under Contractor’s supervision, and Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor 6 of 16 shall perform all Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies availab le under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor 7 of 16 agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, cost s and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 11.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. 12.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 13.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 14.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 8 of 16 expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 14.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 16.0 Insurance 16.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 16.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office 9 of 16 Commercial Gen eral Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability coverages; and (4) if required by the C ity, Professional Liability coverage (or Errors and Omissions coverage). Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation in the amount required by law and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease ; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate , and if a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 16.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, r eturn receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 16.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special l imitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 10 of 16 16.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and City agree that City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 17.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City and all other Indemnitees. Contractor acknowledges that City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 17.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, indemnify, and hold City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 17.0) free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, bid protests, stop notices, suits, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (individually , a “Claim”:, collectively “Claims”), in law or equity, whether actual, alleged or threatened, in any manner arising out of, pertaining to, or relating to the acts or omissions, or willful misconduct, of Contractor, and/or its directors, officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Further, Contractor shall appoint competent defense counsel, at Contractor’s own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to 11 of 16 the performance of the Contract that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 17.2. Civil Code Exception. Nothing in this Section 17.0 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 17.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 1 7.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 17.4. Bid Protest. In addition to its obligations pursuant to Section 17.1, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 17.5. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 17.6. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation 12 of 16 against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 17.7. Survival. The provisions of this Section 17.0 shall survive the termination of the Contract and are in addition to any other rights or remedie s that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 18.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non -discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 20.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 21.0 Force Majeure Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in 13 of 16 accordance with Section 7 of this Agreement of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 26.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no p erson having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 14 of 16 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section 27.0. 28.0 Antitrust Claims In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have und er Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 29.0 Trenching and Excavations. Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: 29.1. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or Subsurface or latent physical conditions at the site differing from those indicated; and/or 29.2. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 15 of 16 29.3. As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contrac tor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench o r trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor's responsibility and must be included in Contractor's bid. 30.0 Location of Existing Elements If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 31.0 Third Party Claims Fees Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 32.0 Non -Collusion Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Cont ractor also affirms that it has signed and submitted with its bid to the City a Non -collusion Declaration as required by Public Contract Code Section 7106. 33.0 Audit 16 of 16 City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Contract. 34.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 35.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 36.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. Agenda Item G AGENDA STAFF REPORT DATE:February 10, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Craig A. Steele, City Attorney SUBJECT:Grant of Easement and Temporary Construction Easement to Southern California Gas Company ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7004: 1. Approving the Grant of Easement and Temporary Construction Easement to Southern California Gas Company for $114,000 to be paid by OCTA; and, 2. Authorizing the City Manager to execute documents in form approved by the City Attorney on behalf of the City. BACKGROUND AND ANALYSIS: As part of OCTA’s I-405 improvement project, various utility facilities must be relocated. Southern California Gas Company (“SCG”) has a gas line currently located in the vicinity of North Gate Road that must be relocated to meet CalTrans standards for the location of such lines. SCG requires a permanent easement to locate a portion of the line under part of the parking lot at Fire Station 48 and a temporary construction easement (“TCE”) for a period of six months to perform the construction work. As a part of the approved settlement agreement between the City and OCTA, the parties agreed that property interests such as this one that are necessary for the completion of the project will be acquired by OCTA at an appraised price. For this project, the City retained Riggs & Riggs, a prominent Southern California appraisal firm. Riggs & Riggs provided an appraisal report which was supplied to OCTA and is on file in the Office of the City Clerk. Riggs & Riggs provided the following valuation, which OCTA has agreed to pay: Permanent easement for underground line of 1,335 square feet: $ 40,050 Temporary construction easement of approximately 6,800 square feet for a 6 month construction period: $ 73,710 6 7 9 Total compensation after rounding: $114,000 ENVIRONMENTAL IMPACT: The environmental impacts of the I-405 Improvement Project were analyzed and found to have been mitigated as a part of the Environmental Impact Report (“EIR”) prepared for the project. LEGAL ANALYSIS: The City Attorney has reviewed the proposed easement and approved as to form. FINANCIAL IMPACT: As a result of the City’s grant of easement and the TCE, OCTA will pay the City $114,000, plus reimburse $5,000 in appraisal costs. There is no additional cost to the City, with the exception of some permanent minor impact on subsurface use of the property and temporary loss of use for a portion of the parking lot at Fire Station 48, which has been included in the value assigned through the appraisal. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7004: 1. Approving the Grant of Easement and Temporary Construction Easement to Southern California Gas Company for $114,000 to be paid by OCTA; and, 2. Authorizing the City Manager to execute documents in form approved by the City Attorney on behalf of the City. 6 7 9 SUBMITTED BY: NOTED AND APPROVED: Craig A. Steele Jill R. Ingram Craig A. Steele, City Attorney Jill R. Ingram, City Manager ATTACHMENTS: A. SCG Subsurface Easement B. SCG Subsurface Easement-Legal Description C. Easement and TCE Exhibit D. Resolution 7004 S7296-1156\2341019v2.doc Recording Requested by and when recorded mail to: Southern California Gas Company 8101 Rosemead Blvd., SC722K Pico Rivera, California 90660-5100 Attn.: Land & Right of Way ____________________________________________________________________________ Atlas #: OC41-4 DOCUMENTARY TRANSFER TAX $___________ APN: 095-020-15 Computed on full value of property conveyed Computed on full value less liens and encumbrances remaining at time of sale R.W. ___________ Southern California Gas Company GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, the City of Seal Beach (“City”), a California charter city, (“Grantor”), hereby grants to Southern California Gas Company, a California corporation, its successors and assigns ("Grantee"): a permanent, non-exclusive easement for gas transmission purposes only (“Easement”) to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with valves, pipeline integrity devices, metering, measuring, regulating, cathodic protection, and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation of natural gas over, under, through, along, and for all other purposes connected therewith, and together with the reasonable right of ingress and egress to and from the Easement to access Facilities, the strip of land located in the City of Seal Beach, County of Orange, California, described in Exhibit “A" and depicted in Exhibit “B” attached hereto, and made a part of this agreement. If Grantee seeks permission to use Grantor’s abutting property for construction and maintenance of the Facilities, for non-emergency purposes, Grantee shall be required to notify Grantor at least 72 hours in advance of the entry and obtain Grantor’s express written permission in advance of the entry. Grantor shall promptly process and not unreasonably withhold said permission to use the real property, for non-emergency purposes, located in the City of Seal Beach, County of Orange, California, described in Exhibit “A" and depicted in Exhibit “B” attached hereto, and made a part of this agreement. -2- S7296-1156\2341019v2.doc R.W. Grantor, for its heirs, successors and assigns, agrees that no change of grade of the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds (except for Grantee's Facilities), that nothing shall be done to impair Grantee's vehicular access to or along the Easement, and that nothing shall be done that unreasonably interferes with Grantee's use of the Easement. Grantee shall have the right, but not the duty, to trim or remove trees, brush, roots or material from the Easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees, brush or material to prevent danger or hazard to property or persons. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. IN WITNESS WHEREOF, these presents are hereby signed this ____ day of __________, 20___. City of Seal Beach (“City”), a California charter city By:_______________________________ Its: _______________________________ -3- S7296-1156\2341019v2.doc ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } }ss COUNTY OF } On _____________________, 20___ before me, _______________________________, a Notary Public, personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature ___________________________ Commission #: ______________________ Commission Expiration: _______________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. VCVCPPPPPPALMSPALMSTSFPUBFPFPUBUBUBUBVCUBUBUBUBUBGNVPPPPPALMSPALMSPALMSTSDIDIDIBIKELANEDRYPIPEDRYDRYASPHASPHPOSTPOSTASPHASPHCONCASPHASPHCONCCONCDIKEPOSTCONCCONCASPH234567895012008912345120034 5 6 791SB ROUTE 405 to change. and work to be performed subject improvements, schedule, staging construction. Proposed Not to scale. Not for For illustrative purposes ONLY. TEMPORARY FENCE TEMPORARY CONSTRUCTION EASEMENT 095-020-15 EXISTING EASEMENTNORTH GATE RdSEAL BEACH BlvdRETAINING WALL PROPOSED SOUNDWALL ON SCG SUBSURFACE EASEMENT SCG WORK AREA ON RETAINING WALL PROPOSED SOUNDWALL Temp FENCE UTILITY EASEMENT EXISTING 10' ROAD EASEMENT EXISTING 60' ROAD EASEMENT EXISTING 80' ROAD EASEMENT EXISTING 30' ROAD EASEMENT EXISTING 80' EASEMENT SUBSURFACE 15' SCG (5130 SQ. FT.) WORK AREA SCG EXISTING 10' UTILITY EASEMENT (1694 SQ. FT.) Var 2.5'-5' TCE ASSESSOR PARCEL NUMBER (S): 095-020-15 103359CALTRANS PARCEL NUMBER (S): RESOLUTION 7004 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE GRANT OF EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR $114,000 TO BE PAID BY OCTA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS IN FORM APPROVED BY THE CITY ATTORNEY ON BEHALF OF THE CITY THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the Grant of Easement and the Temporary Construction Easement to Southern California Gas Company in the forms attached hereto and accepts OCTA’s offer of $114,000.00 as just compensation for such easements. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the necessary documents in form approved by the City Attorney on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7004 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of February, 2020. Gloria D. Harper, City Clerk