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Home My WebLink AboutAgenda Packet_04132020A G E N D A MEETING OF THE CITY COUNCIL Monday,April 13,2020 ~7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE 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 on the City’s website at www.sealbeachca.gov. 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). 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 x1305 at least 48 hours prior to the meeting. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY COUNCIL MEETING To comply with Governor Newsom’s Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18,2020 the City of Seal Beach hereby gives notice of the “means by which members of the public may observe the meeting and offer public comment”for the City Council meeting on April 13,2020.Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer’s Order,all participation in the above-referenced Special Meeting will be by teleconference for the Members of the City Council and staff.Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT:Members of the public may submit comments on any item ON this City Council meeting agenda only via email to the City Clerk at gharper@sealbeachca.gov.All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to City Council.Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. 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 •Seal Beach COVID-19 Local Emergency Update PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Council regarding the items on this City Council Meeting agenda.Pursuant to the Brown Act,the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov before 7 pm on April 13,2020. Comments provided via email will be posted on the City website for review by the public.Any documents for review should be sent to the City Clerk prior to the meeting for distribution. 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 –None 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. A.Approval of the March 5,2020 Special City Council Minutes -That the City Council approve the minutes of the Special City Council meeting held on March 5,2020. B.Approval of the March 9,2020 City Council Minutes -That the City Council approve the minutes of the Regular City Council meeting held on March 9,2020. C.Approval of the March 19,2020 Emergency Special City Council Minutes -That the City Council approve the minutes of the Emergency Special City Council meeting held on March 19,2020. D.Approval of the March 26 and 31,2020 Closed Session Minutes -That the City Council approve the minutes of the Closed Session City Council meeting held on March 26 and 31,2020. E.Demands on City Treasury (Fiscal Year 2020)–April 13,2020 -Ratification. F.Monthly Investment Report –February 29,2020 -Receive and file. G.Authorize Expenditures with Iteris,Inc.,for Updating Traffic Impact Study Guidelines pursuant to an On-Call Professional Services Agreement -That the City Council adopt Resolution 7014 authorizing the City Manager to approve expenditures in the not-to-exceed amount of $35,897 to Iteris,Inc.,for updating the City’s Traffic Impact Study Guidelines pursuant to an On-Call Professional Services Agreement dated July 22,2019. H.Construction Contract,CIP ST2002 with Hardy &Harper,Inc.for FY 2019-2020 Annual Local Paving Program -That the City Council adopt Resolution 7015:1.Approving plans and specifications for the FY 2019-2020 Annual Local Paving Project,CIP ST2002;and,2.Awarding to and authorizing the City Manager to execute a construction contract with Hardy &Harper,Inc.,in the amount of $311,000,and rejecting all other bids;and,3.Authorizing the City Manager to approve contract changes in a not-to-exceed amount of $46,650; and,4.Authorizing the City Manager to approve payments for inspection and testing services in a not-to-exceed amount of $18,000;and,5.Approving re- allocation of Capital Improvement Program funds in the amount of $12,000 from ST2001 project savings to ST2002 within Fund 039 SB1 Program. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS –None NEW BUSINESS –None ADJOURNMENT Adjourn the City Council to Monday,April 27,2020 at 5:30 p.m.to meet in closed session,if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria Harper, City Clerk SUBJECT:Approval of the March 5, 2020 Special City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Special City Council meeting held on March 5, 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. 7 1 6 RECOMMENDATION: That the City Council approve the minutes of the Special City Council meeting held on March 5, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes - Special Meeting 4 8 4 1 Seal Beach, California March 5, 2020 The City Council met in a special meeting session at 9:00 a.m. in the Fire Station #48 Community Room at 3131 North Gate Road, Seal Beach, California. FLAG SALUTE ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Varipapa, Massa-Lavitt City Staff: Craig Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Phil Gonshak, Seal Beach Police Department Chief Joe Bailey, Marine Safety/Lifeguard Department Alayna Hoang, Interim Director of Finance/City Treasurer Steve Myrter, Director of Public Works Les Johnson, Director of Community Development Gloria D. Harper, City Clerk Chief Ron Roberts, Orange County Fire Authority Captain Chris Caswell, Orange County Fire Authority Kelly Telford, CPA, City of Costa Mesa (Guest) Facilitators: Mary Neilan, Senior Manager, Management Partners Rick Haydon, Management Partners At the request of the public, Mayor Sustarsic and Council Members added a second Oral Communications period to take place after the presentation and discussion. ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Robert Goldberg and Bruce Bennett. Mayor Sustarsic closed oral communications. NEW BUSINESS A. Seal Beach City Council and Management Strategic Planning Workshop Discuss the following: Workshop Overview; Review City’s Mission, Vision, and Civility Principles; Update on 2019 Council Priorities, Key Accomplishments, Challenges, and Opportunities; Determine Council Priorities for Coming Year; and, Discuss Budget Process Mayor Sustarsic opened the Strategic Planning Workshop and welcomed staff and the public. 4 8 4 1 City Manager Ingram introduced and thanked Management Partners’ Facilitators Mary Neilan and Rick Haydon. She also introduced the newest members of the Executive team: Community Development Director Les Johnson; and Kelly Telford, new Director of Finance/City Treasurer, effective March 9, 2020. Additionally, City Manager Ingram thanked the Council Members for their continued support of the strategic planning process and for continuing to allow the Executive Team and support staff the opportunity to spend this time together; and, for the opportunity to bring in facilitators to lead the workshop presentation and discussion. City Manager Ingram thanked support staff for being in attendance in support of the strategic planning process. She also thanked the strategic planning meeting logistics team: Gloria Harper, Dave Nett, Anthony Nguyen, Kevin Ortiz, Jennifer Robles, Darcelle Bradley, and Tim Kelsey. Facilitators Mary Neilan and Rick Haydon facilitated the strategic planning workshop and discussions, including the Review of the City’s Mission, Vision, and Civility Principles; Update on 2019 Council Priorities, Key Accomplishments, Challenges, and Opportunities; Council Priorities for Coming Year; and, Discussion on the Budget Process. ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Bruce Bennett and Jean Orland. Mayor Sustarsic closed oral communications. ADJOURNMENT Mayor Sustarsic adjourned the meeting at 1:25 p.m. ______________________ Gloria D. Harper, City Clerk Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item B AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the March 9, 2020 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on March 9, 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. Page 2 7 0 1 RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on March 9, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session 4 7 7 4 Seal Beach, California March 9, 2020 The City Council met in Closed Session at 6:30 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 Kelly Telford, Director of Finance/City Treasurer Alayna Hoang, Finance Manager 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 Legal Counsel Initiation of Litigation Government Code Section 54956.9(d)(4) One potential case 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 Seal Beach, California March 9, 2020 The City Council met in regular session at 7:00 p.m. in the City Council Chambers. Council Member Varipapa led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa 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 Kelly Telford, Director of Finance/City Treasurer Alayna Hoang, Finance Manager 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 Massa-Lavitt moved, second by Mayor Pro Tem Kalmick to approve the agenda. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS City Manager Ingram formally introduced the new Director of Finance/City Treasurer Kelly Telford and recognized Interim Director of Finance/City Treasurer Alayna Hoang for her diligent leadership, hard work, dedication, and unwavering contributions to the City. • Fiscal Year 2019-2020 Mid-Year Budget Review – Finance Manager Alayna Hoang • Orange County Transportation Authority (OCTA) I-405 Project Update - I-405 Project Outreach Manager Chris Boucly and Jeff Mills, OCTA’s Program Manager ORL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Robert Goldberg, Bruce Bennett, and Joyce Ross-Parque. Mayor Sustarsic closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting City Council met in closed session to discuss the one item on the posted agenda and indicated that City Council voted unanimously to authorize the City Manager to join an effort led by the City of Torrance to engage the Southern California Edison Company regarding a substantial amount of under paid and under collected utility user tax revenues, subject to a limit of $15,000 for City expenditures, without further City Council approval. CITY MANAGER REPORT City Manager Ingram indicated that staff is actively preparing and monitoring the anticipated weather conditions and will continue to do so throughout the week. She announced that Seal Beach Lifeguard tryouts will be held Saturday, March14th at 8am for those interested. Additionally, she indicated that the sand berm removal is expected to begin on east beach next week and anticipate the removal will be complete within two weeks, unless unforeseen weather conditions arise. City Manager Ingram noted that the community pool project team is evaluating all feedback received from public outreach and anticipate providing Council an analysis at a City Council meeting in April. She thanked Council and the Executive Team for another successful Strategic Planning Workshop; noted that the final report from the facilitator should be received within the next several weeks; and, the report will be made available to the public. COUNCIL COMMENTS Council Member Varipapa indicated that he attended the Strategic Planning Workshop and the Los Alamitos State of the City Address. He expressed an interest in discussing debt financing options at a future date. Council Member Moore had nothing to report. Mayor Pro Tem Kalmick stated that he attended the Strategic Planning Workshop and thanked everyone involved in the coordination of the workshop. He noted that the workshop was presented in a way for everyone to understand and as a result Council was able to establish achievable goals. Additionally, he discussed the idea of possible implementation of eliminating foam and plastic products that are polluting our environment. Council Member Massa-Lavitt stated that she attended an Orange County Sanitation District Operations Committee hearing and noted concerns about contamination found in the water table. She encouraged the students in the audience that may have an interest in science to look at Perfluoroalkyl substances (PFAS) and Perfluorooctanesulfonic acid (PFOS) regarding contamination of the water table and possible internships with the Water District. Mayor Sustarsic thanked the representatives from the Orange County Transportation Authority for the update. She indicated that she attended the Recreation and Parks Commission meeting and met with Naval Weapons Station personnel to discuss land use issues. Additionally, she indicated that she attended the Strategic Planning Workshop; Los Alamitos State of the City Address; met with the Cub Scouts, who interviewed her on the role of an elected official; and, attended the 10th anniversary celebration of the USS Dewey, which was commissioned in Seal Beach 10 years ago. Lastly, she announced her participation on a conference call with the Council on Foreign Relations (CFR) for State and Local Officials with the President of the University of California system and former Secretary of Homeland Security Janet Napolitano, who provided information on precautions and procedures related to the Coronavirus. She announced that Coffee with a Cop will be held at the Seal Beach Tennis Center on March 16th from 5:30-7pm. Additionally, she noted that the 2020 Census will begin April 1st and that a mailer will be sent out to residents, between April 12th-20th, with an invitation to complete a questionnaire online or by phone with the hope that everyone will respond online. Mayor Sustarsic confirmed with the Director of Public Works that the City’s wells are in good condition and tested on a regular basis and there is no impact or concern regarding PFAS or PFOS substances at this time. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Moore moved, second by Mayor Pro Tem Kalmick, to approve the recommended actions on the consent calendar. A. Approval of the February 24, 2020 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on February 24, 2020. B. Demands on City Treasury (Fiscal Year 2020) – March 9, 2020 - Ratification. C. Notice of Completion for 2019 Environmental Cleanup Program Project CIP SD2001 - That the City Council adopt Resolution 7010: 1. Accepting the 2019 Environmental Cleanup Program Project CIP SD2001 by G2 Construction, Inc., in the contract amount of $113,970.00; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. D. Approval of Employment Agreement for Director of Finance/City Treasurer - That the City Council adopt Resolution 7011: 1. Approving the Employment Agreement between the City of Seal Beach and Kelly Telford to be the City of Seal Beach Director of Finance/City Treasurer effective March 9, 2020; and, 2. Authorizing the City Manager to execute the contract. E. Approval of Employment Agreement for Chief of Police Philip L. Gonshak - That the City Council adopt Resolution 7012: 1. Approving the Executive Employment Agreement effective December 1, 2019 between the City of Seal Beach and Philip L. Gonshak as the City of Seal Beach Chief of Police; and, 2. Authorizing the City Manager to execute the contract. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR No items were removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting in memory of Keith Hall, long-time Seal Beach Police Department Volunteer in Policing (VIP) at 8:29 p.m. to Monday, March 23, 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 Agenda Item C AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria Harper, City Clerk SUBJECT:Approval of the March 19, 2020 Emergency Special City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Emergency Special City Council meeting held on March 19, 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. 7 1 8 RECOMMENDATION: That the City Council approve the minutes of the Emergency Special City Council meeting held on March 19, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes – Emergency Special Meeting Seal Beach, California March 19, 2020 The City Council met in an emergency special meeting session at 5:30 p.m. in the City Council Chambers via teleconference. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa 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 Gloria D. Harper, City Clerk City Clerk Harper announced that no supplemental communications were received after the posting of the agenda. ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: None. Mayor Sustarsic closed oral communications. EMERGENCY MEETING ITEM: City Manager Ingram thanked the Council for their leadership, continued support and patience as we navigate through these very challenging times together in support of our community, our employees and each other. She indicated that the City’s response is undoubtedly a collective team effort and thanked the Executive Team and every single one of our employees for remaining calm during such challenging circumstances and for their incredible dedication, commitment going above and beyond in everything that they are continuing to do on behalf of our community during this emergency to mitigate the impact of this disease in our community and yet keep City services operating. She acknowledged City Attorney Craig Steele for his invaluable and significant legal guidance over the past few weeks; thanked and commended City Clerk Gloria Harper; Robin Fortlinke from SBTV-3 and her staff; and our Information Technology provider Synoptek for their technical and professional expertise in implementing and utilizing teleconferencing technology for the first time to conduct our City business tonight. She indicated that Council is aware that information continues to evolve extremely rapidly and that staff is continuously participating on conference calls with county agencies, legal counsel, our respective colleagues and others for guidance and resources all day and every day and we will continue to provide updates to the community through our City’s website and social media. She introduced and turned the presentation over to Police Chief Gonshak to present a brief general global overview of the Coronavirus pandemic; why the decision was made the decision to proclaim a local emergency; local emergency proclamation requirements per Government Code Section 8630; the benefits of declaring a local emergency proclamation; and highlight the city community response actions to date. Police Chief Gonshak gave a brief general overview of the Coronavirus pandemic and responded to Council questions. City Manager Ingram announced that the action before the Council is to adopt Resolution 7013, which was read into the record by title. She also read into the record the Section 2, which was added to the revised Resolution on March 19, 2020, after the local emergency was declared on March 13, 2020. Council Member Moore moved, second by Council Member Massa-Lavitt, to approve the recommended emergency item. City Clerk Harper took a Roll Call vote on the emergency item. A. A Resolution Ratifying the Proclamation of a Local Emergency AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried City Manager requested consensus of the Council to direct staff to research and come back with potential recommendations with regard to prohibition of residential tenant evictions during the local emergency period, if tenants are able to show the inability to pay rent due to circumstances related to the Coronavirus pandemic. ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting at 6:05 p.m. to Monday, April 13, 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 Agenda Item D AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria Harper, City Clerk SUBJECT:Approval of the March 26, and 31, 2020 Closed Session Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session City Council meetings held on March 26, and 31, 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. 7 1 3 RECOMMENDATION: That the City Council approve the minutes of the Closed Session City Council meetings held on March 26, and 31, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Closed Session Minutes 03262020 B. Closed Session Minutes 03312020 4 6 6 6 Seal Beach, California March 26, 2020 The City Council met in Closed Session at 4:35 p.m. via Teleconference. 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 Phil Gonshak, Police Chief Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that 14 email communications were received, which were distributed to Council via email and uploaded to the City’s website. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code Section 54957(a). City Attorney Steele announced that the City Council met in closed session to discuss the item posted on the agenda and indicated that City Council took no reportable action on the item. ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:00 p.m. Gloria D. Harper, City Clerk Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk 4 6 6 6 Seal Beach, California March 31, 2020 The City Council met in Closed Session at 4:32 p.m. via Teleconference. 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 Phil Gonshak, Police Chief Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that 12 email communications were received, which were distributed to Council via email and uploaded to the City’s website. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code Section 54957(a). B. Conference with legal counsel, initiation of litigation pursuant to Government Code Section 54956.9 (d) (4); one (1) potential case. City Attorney Steele announced that 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 Item A . On Item B, the City Council unanimously authorized the City Attorney to initiate litigation against California Resources Corporation to enforce the City’s business license requirements and to require the payment of back taxes. ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:06 p.m. 4 6 6 6 Gloria D. Harper, City Clerk Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Authorize Expenditures with Iteris, Inc., for updating Traffic Impact Study Guidelines pursuant to an On-Call Professional Services Agreement ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7014 authorizing the City Manager to approve expenditures in the not-to-exceed amount of $35,897 to Iteris, Inc., for updating the City’s Traffic Impact Study Guidelines pursuant to an On-Call Professional Services Agreement dated July 22, 2019. BACKGROUND AND ANALYSIS: With the passage of Senate Bill 743 (SB-743), the State of California created a new approach to assessing the environmental impact by prohibiting currently used measures of vehicle delay and congestion analysis as part of California Environmental Quality Act (CEQA) analysis. The Office of Planning and Research (OPR) was directed to develop new metrics to determine potential significant transportation impacts that aligned with the State’s goals for reducing greenhouse gas emissions. Through a Technical Advisory Committee, OPR proposed new measures of vehicle-miles-traveled (VMT) assessed by a per capita index of residents and employees. These recommendations were codified by the Natural Resources Agency under new CEQA Guidelines Section 15064.3, along with OPR’s updates to Appendix G of the CEQA. Local agencies, such as the City, will be required to conform to the updated guidelines by July 1, 2020. The shift from congestion-based metrics to a VMT-based metric changes both the tools and outcomes of CEQA transportation analysis. The most consequential change in the analysis is the shift from congestion impacts closest to the project site to VMT impacts from trips made the farthest from the project site. Implementation of the new VMT metric for CEQA transportation analysis is left to agencies to interpret based on their local conditions in an effort to develop their own methodologies and tools for analysis. Iteris, Inc., (Iteris) has an existing On-Call Professional Services Agreement with the City, dated July 22, 2019 (“Agreement”). Iteris submitted a proposal to the City under the Agreement to update the City’s Traffic Impact Study Guidelines that are currently being used to measure traffic impacts to reflect the SB-743 requirements. The recommended expenditure authorization under Iteris’ Agreement is in a not-to-exceed amount of $35,897. The proposed costs of services were found to be comparable with the current market for a similar scope of work. ENVIRONMENTAL IMPACT: Staff has determined that the proposed resolution is not subject to the California Environmental Quality Act (“CEQA”), Pub. Res. Code § 21000 et seq., pursuant to Section 15061(b)(3) of the State CEQA Guidelines because the proposed resolution falls under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and it can be seen with certainty that the authorization of expenditures will not have a significant effect on the environment. The proposed resolution merely authorizes expenditures for preparation of updated Traffic Impact Study Guidelines to evaluate potential traffic impacts in a manner consistent with state law. The resolution is also exempt under Section 15308 of the CEQA Guidelines which applies to actions taken by regulatory agencies to assure the protection of the environment, because the resolution merely authorizes expenditures for the development of guidelines for the protection of the environment. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the approved FY 2019-2020 Street Maintenance Account (001-044-44000) for the Project. 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 7014 authorizing the City Manager to approve expenditures in the not-to-exceed amount of $35,897 to Iteris, Inc., for updating the City’s Traffic Impact Study Guidelines pursuant to an On-Call Professional Services Agreement dated July 22, 2019. 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: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7014 B. Iteris Proposal RESOLUTION 7014 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO APPROVE EXPENDITURES TO ITERIS, INC. FOR UPDATING THE TRAFFIC IMPACT STUDY GUIDELINES PURSUANT TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Seal Beach (“City”) has entered into an On-Call Professional Services Agreement with Iteris, Inc. on July 22, 2019; and, WHEREAS, the City has determined that Iteris, Inc. is qualified to update the City’s Traffic Impact Study Guidelines to meet Senate Bill 743 (SB-743) requirements. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: The City Council hereby authorizes the City Manager to approve expenditures to Iteris, Inc., for updating the City’s Traffic Impact Study for a not-to-exceed amount of $35,897, pursuant to the July 22, 2019 On-Call Professional Services Agreement between the City and Iteris, Inc., and the Iteris, Inc., proposal dated February 13, 2020. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of April 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 7014 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of April 2020. Gloria D. Harper, City Clerk Agenda Item H AGENDA STAFF REPORT DATE:April 13, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Public Works Director SUBJECT:Construction Contract, CIP ST2002 with Hardy & Harper, Inc., for FY 2019-2020 Annual Local Paving Program ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7015: 1. Approving plans and specifications for the FY 2019-2020 Annual Local Paving project, CIP ST2002; and, 2. Awarding to and authorizing the City Manager to execute a construction contract with Hardy & Harper, Inc., in the amount of $311,000, and rejecting all other bids; and, 3. Authorizing the City Manager to approve contract changes in a not-to- exceed amount of $46,650; and, 4. Authorizing the City Manager to approve payments for inspection and testing services in a not-to-exceed amount of $18,000; and, 5. Approving re-allocation of Capital Improvement Program funds in the amount of $12,000 from ST2001 project savings to ST2002 within Fund 039 SB1 Program. BACKGROUND AND ANALYSIS: The City’s annual local paving project is budgeted in the FY 2019-2020 Capital Improvement Program to improve roadway conditions within the City. The work will generally include grinding the existing pavement and installing an asphalt overlay to extend the roadways’ serviceable life. The selected streets were identified in the 2018 Pavement Management Program. The streets include: 1. Daisy Street – Almond Avenue to Birchwood Avenue 2. Violet Street – Elder Avenue to Fir Avenue 3. Oleander Street – Almond Avenue to Fir Avenue 7 1 5 4. Fir Avenue – Rose Street to Heather Street 5. Main Street - Pacific Coast Highway to Central Avenue Additionally, the westerly side of the Welcome Lane at 1st Street intersection will be reconstructed to meet ADA requirements. On March 3, 2020, the City Clerk’s office received seven (7) bids with the following results: Rank Contractor Total Base Bid Low Hardy & Harper, Inc.$ 311,000.00 2 All American Asphalt $ 349,954.00 3 The R.J. Noble Company $ 361,846.35 4 Sequel Contractors, Inc.$ 366,358.00 5 Palp, Inc. Excel Paving $ 369,559.00 6 Shawnan $ 435,710.00 7 Onyx Paving Company $ 515,000.00 Based upon the references, qualifications, work experience and cost, staff recommends selecting Hardy & Harper, Inc., as the lowest responsible bidder at $311,000. The project plans are available in the City Engineer’s office. Construction is estimated to start in Spring 2020, and is estimated to be completed within 35 working days following the Notice to Proceed. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is determined to be a Class 1 (Existing Facilities) Categorically Exemption pursuant to Section 15301 (c) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: The FY 2019-2020 Capital Improvement Program Budget allocated $400,000 towards ST2002 Annual Local Paving Project. Given favorable construction unit costs, staff recommends approving a contingency amount of $46,650 (15%) to address additional pavement deficiencies within the project limits. This enhanced contingency will require re-allocating $12,000 from the ST2001 Annual Slurry Seal Program project savings. 7 1 5 The table below presents the estimated breakdown of the Project’s cost: Description Amount Design $ 36,056 Construction $ 311,000 Contingency $ 46,650 Inspection $ 18,000 Total $ 411,706 The tables below present the funding source breakdown: Account Amount ST2002 $ 400,000 Re-allocating from ST2001 $ 12,000 Total $ 412,000 Any unspent funds will be returned back to the original funding source. 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 7015: 1. Approving plans and specifications for the FY 2019-2020 Annual Local Paving Project, CIP ST2002; and, 2. Awarding to and authorizing the City Manager to execute a construction contract with Hardy & Harper, Inc., in the amount of $311,000, and rejecting all other bids; and, 3. Authorizing the City Manager to approve contract changes in a not-to- exceed amount of $46,650; and, 4. Authorizing the City Manager to approve payments for inspection and testing services in a not-to-exceed amount of $18,000; and, 7 1 5 5. Approving re-allocation of Capital Improvement Program funds in the amount of $12,000 from ST2001 project savings to ST2002 within Fund 039 SB1 Program. 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 7015 B. Hardy & Harper, Inc., Agreement RESOLUTION 7015 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH HARDY & HARPER, INC., FOR FY 2019-2020 ANNUAL LOCAL PAVING PROJECT, CIP ST2002 WHEREAS, On February 11, 2020, the City issued a solicitation for bids for the FY 2019-2020 Annual Local Paving Project, CIP ST2002 (the “Project”); and, WHEREAS, On March 3, 2020, the City Clerk’s office received seven bids in response to the solicitation for bids, and Hardy & Harper, Inc., submitted the lowest responsible bid in the amount of $311,000; and, WHEREAS, Hardy & Harper, Inc., is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans and specifications for the Project. SECTION 2. The City Council hereby awards a construction contract to Hardy & Harper, Inc. for the Project in the not-to-exceed amount of $311,000, and rejects all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the contract on behalf of the City. SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $46,650. SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $18,000. SECTION 6. The City Council hereby approves re-allocation of Capital Improvement Program funds in the amount of $12,000 from ST2001 project savings to ST2002 within Fund 039 SB1 Program. 4 8 4 5 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of April 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 7015 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of April 2020. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT FY 19-20 ANNUAL LOCAL PAVING PROGRAM PROJECT CIP NO. ST2002 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 (714) 444-2801 - FAX THIS CONTRACT (“Contract”) is made as of April 13, 2020, by and between the City of Seal Beach, a California charter city (“City”), and Hardy & Harper, Inc., a California corporation, (“Contractor”). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the FY 19-20 Annual Local Paving Program (“Project”) with respect to design criteria; and B. WHEREAS, Contractor has submitted a Bid to City for the Project dated March 02, 2020 in the amount of $311,000 (“Bid” hereinafter). The Bid is attached hereto and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agre e as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and comple te in good and workmanlike manner all work (“Work”) required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The “Contract Documents” that comprise the agreement between the City and the Contractor a re the: Notice Inviting Sealed Bids, Instructions to Bidders, Accepted Bid Proposal Form, Non-Collusion Declaration, Bid Schedule(s), List of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Accepted Bid Proposal Form and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of April 13, 2020 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of Three Hundred Eleven Thousand and 00/XX ($311,000.00), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all W ork performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of th e Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 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. 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, withou t limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 4.3 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 liabilities, damages, claims, costs and expenses of any nature to the extent arising from Con tractor’s alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract 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 4. 5. Indemnification. 5.1 Contractor’s Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “Claim,” collectively, “Claims”), in any manner arising out of or incident to the performance of the Contract, including without limitation, the payment of all consequential damages and attorneys’ fees and other related costs and expenses. 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 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 the 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. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, 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. 5.3 Civil Code Exception. Nothing in this Section 5-3 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 underlying Contract Documents are 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. 5.4 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. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation 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. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies 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. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set f orth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall a pply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease ; and Workers’ Compensation Insurance in the amount required by law. 6.4 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self -insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; produ cts and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self -insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.5.3 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contracto r’s insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $3,000.00 per calendar day for the Main Street Improvements and $500.00 per calendar day for the remainder of the project. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 Telephone: (714) 444-1851 Fax: (714) 444-2801 Attn: Courtney Chapas 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California , with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. 17. Entire Contract. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 18. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 19. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 20. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 21. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: FY 19-20 ANNUAL LOCAL PAVING PROGRAM (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to t he face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed the reunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT B PAYMENT BOND Bond No. __________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: FY 19-20 ANNUAL LOCAL PAVING PROGRAM (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specif ications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT C WORKER’S COMPENSATION INSURANCE CERTIFICATE WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date By: Its Authorized Representative EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsem ent is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Ins ureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds s hall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to com ply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. Al l such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Addition al Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with res pect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggre gate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to , or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________ EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the W ork to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as pro vided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the W ork of this Contract.” Date ___________________ Signature _______________________________________ EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: FY 19-20 ANNUAL LOCAL PAVING PROGRAM ST2002 Indemnitor(s) (list all names): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, success ors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resultin g from, or related to the above-referenced contract, agreement, license, or permit (the “Contract”) or the performance or failure to perform any term, provision, covenant, or condition of the Contract, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Contract and is in addition to any other rights or remedies which 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 an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Contract is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Contract or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scop e 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 regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Contract as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name________________________________ Name: ____________________________ By: _________________________________ By: ________________________________ Its Its