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HomeMy WebLinkAboutAgenda Packet_09142020A G E N D A MEETING OF THE CITY COUNCIL Monday,September 14,2020 ~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).meeting In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk' s office at (562)431 -2527 at least 48 hours prior to the meeting. 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 September 14,2020.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 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 via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings.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 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 Review •Parking Project Update –Julie Dixon,Dixon Resources Unlimited 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 or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings by 6pm on September 14,2020.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 August 10,2020 City Council Minutes -That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 10,2020. B.Approval of the August 26,2020 City Council Minutes -That the City Council approve the minutes of the Closed Session meeting held on August 26,2020. C.Demands on City Treasury (Fiscal Year 2021)–August 31,2020 -Ratification. D.Monthly Investment Report –August 31,2020 -Receive and file. E.Approving Amendment No.1 to the Professional Services Agreement with Stantec Consulting Services,Inc.,for On-Call Professional Engineering Services -That the City Council adopt Resolution 7068:1.Approving Amendment No.1 to the Professional Services Agreement dated July 22,2019, with Stantec Consulting Services,Inc.,to increase compensation by $200,000 for a revised total contract not-to-exceed amount of $500,000 for additional on- call professional engineering services;and,2.Authorizing the City Manager to Execute Amendment No.1. F.Notice of Completion for FY 19-20 Annual Slurry Seal Program Project CIP ST2001 -That the City Council adopt Resolution 7069:1.Accepting the FY 19-20 Annual Slurry Seal Program Project CIP ST2001 by Doug Martin Contracting Company,Inc.in the contract amount of $158,821.96;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. G.Award and Authorize Execution of a Construction Contract with Horizons Construction Company International,Inc.,for Beach Yard Perimeter Wall Improvements,CIP BP2002 -That the City Council adopt Resolution 7070:1. Approving the plans,specifications,and contract documents for the Beach Yard Perimeter Wall Improvements,CIP BP2002;and,2.Approving and awarding a construction contract to Horizons Construction Company International,Inc.,in the amount of $64,761.54 to replace the Beach Yard perimeter fencing pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D);and,3.Authorizing the City Manager to execute the agreement for construction services to Horizons Construction Company International,Inc.;and,4.Authorizing the City Manager to approve additional work requests up to $5,000 and inspection services up to $5,000 in connection with the Project in the cumulative not to exceed amount of $10,000. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS –None H.Set Public Hearing Date for the Water and Sewer Rate Study -That the City Council adopt Resolution 7071 setting the Water and Sewer Rate Study Public Hearing Date for November 23,2020 NEW BUSINESS I.Seal Beach Police Detention Center Reclassification and Department Reorganization Plan -That the City Council adopt Resolution 7072 approving the reclassification of the Seal Beach Detention Center to a Temporary Holding Facility,and authorizing the City of Seal Beach to complete an internal reorganization of the Police Department including:1.Two Police Commanders retitled to Police Captains;and,2.Conversion of two Police Sergeants positions to Police Lieutenants positions;and,3.Promotion of one Police Sergeant;and, 4.Promotion of one Police Corporal;and,5.Purchase of one police motorcycle; and,6.Authorization for one additional police officer to motorcycle assignment to include specialty incentive pay (5%);and,7.Temporary over hire of one police officer (SCSO to police recruit)to prepare for impending 2021 retirement;and, 8.Reclassification of SCSO –Court Liaison to Police Civilian Investigator;and, 9.Promotion of Community Services Officer –Records to SCSO grade;and, 10.Authorization for the addition of one Crossing Guard position;and,11.The creation of a Grant Funded Police Canine Program;and,12.Return any unused funds into the City’s General Fund;and,13.Authorize the City Manager to execute on behalf of the City all necessary changes of positions,salary,and equipment associated to the plan. ADJOURNMENT Adjourn the City Council to Monday,September 28,2020 at 5:30 p.m.to meet in closed session,if deemed necessary,in memory of former Seal Beach Mayor and Council Member David Sloan,who passed away on August 15,2020 and Seal Beach Police Department VIP Evelyn Marshall,who passed away on August 28,2020. Agenda Item A AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the August 10, 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 August 10, 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 8 3 8 RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on August 10, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session 5 3 8 6 Seal Beach, California August 10, 2020 The City Council met in Closed Session at 5:30 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, Seal Beach Police Department Steve Myrter, P.E., Director of Public Works David Spitz, Associate Engineer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that one (1) communication was received. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Proposed acquisition of City property along Almond Avenue from Primrose Circle to Dahlia Circle and along Lampson Avenue from the Tennis Center parking lot to Seal Beach Blvd. City Negotiators: City Manager Jill Ingram, City Attorney Craig Steele, Associate Engineer David Spitz Negotiating Party: CalTrans and OCTA Under negotiation: Price and terms of agreement B. 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). ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:40 p.m. 5 3 8 6 Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California August 10, 2020 The City Council met in regular session at 7:00 p.m. 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 Phil Gonshak, Police Chief, Seal Beach Police Department Chief Joe Bailey, Marine Safety Department Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced there was a modification to item D regarding the date of the contract. Additionally, she announced that five (5) supplemental 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 Council Member Varipapa to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Recognition to Roni Ellis, Retiring Principal at McGaugh Elementary School • Orange County Water District Heron Point Monitoring Well Project Update • Seal Beach COVID-19 Local Emergency Review 5 4 0 2 ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that two (2) email communications were received and distributed to Council via email and uploaded to the City’s website. Mayor Sustarsic then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting City Council met in closed session to discuss the two items on the posted agenda and indicated that all Council Members participated via teleconference. He reported regarding Item A, the property acquisition by Orange County Transportation Authority (OCTA), that the City Council unanimously authorized the City Manager to enter into an agreement with OCTA for the acquisition of certain parcels of right-of-way in the amount of $250,000 which is the appraised value. City Attorney Steele also indicated that the City Council took no reportable action on Item B. CITY MANAGER REPORT City Manager Ingram had no report. COUNCIL COMMENTS Council Member Moore thanked Seal Beach residents for following the guidelines of social distancing, wearing masks, and staying home. He reported that he is happy to see that restaurants have more business and appreciates all that Director of Community Development Les Johnson has done to help support local businesses. Assistant City Manager Patrick Gallegos addressed Council Member Moore’s concerns regarding the shuttle program in Leisure World. Council Member Varipapa indicated he has been receiving a lot of positive feedback on the outdoor dining parklets and thanked staff for all they did to coordinate setting them up. Council Member Massa-Lavitt indicated that she has been in contact with Assistant City Manager Patrick Gallegos regarding issues her constituents have been experiencing with the cab company and is thankful they will be easily resolved. She also indicated that she is looking forward to a permanent solution to senior transportation. Mayor Pro Tem Kalmick thanked staff again for doing a fantastic job regarding outdoor dining parklets and communal dining. Mayor Sustarsic thanked staff for all their hard work in supporting local businesses. She indicated that she participated in several calls with Orange County Mayors and listened in on a meeting hosted by Sheriff Don Barnes. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Varipapa moved, second by Mayor Pro Tem Kalmick, to approve the 5 4 0 2 recommended actions on the consent calendar. A. Approval of the July 27, 2020 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on July 27, 2020. B. Demands on City Treasury (Fiscal Year 2021) – August 10, 2020 - Ratification. C. Approving and Authorizing the City Manager to Execute a Professional Services Agreement with Transtech Engineers, Inc., for Building Division Services - That the City Council adopt Resolution 7065 to approving and authorizing the City Manager to execute a professional services agreement with Transtech Engineers, Inc. for Building Division Services. D. Extend Contract Services with the City of Long Beach for Animal Control/Care Services - That the City Council adopt Resolution 7066: 1. Approving the Second Amendment to Agreement No. 34620 between the City of Seal Beach and the City of Long Beach for Animal Care Services for the City of Long Beach to provide Animal Care Services within the City of Seal Beach, for one additional two-year period; and, 2. Authorizing the City Manager to execute the Second Amendment on behalf of the City of Seal Beach along with any necessary documents and amendments in relation thereto. E. Grant Award from the Seal Beach Police Foundation to Fund a Police Canine Program - That the City Council adopt Resolution 7067, approving the acceptance of a $50,000 grant award from the Seal Beach Police Foundation (SBPF) to fund a Police Canine program for the Seal Beach Police Department (SBPD). City Clerk Harper took a roll call vote to approve the consent calendar items. 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 items. NEW BUSINESS F. Water and Sewer Rates Study Update Director of Public Works Steve Myrter introduced Project Manager Steve Gagnon with Raftelis, Arisha Ashraf leading the rate modeling effort, and Management Analyst Travis Brooks. Director Myrter discussed utility bill impacts, rate study background, water 5 4 0 2 system financial plan, water system proposed water rate changes and rates, water system bill impacts, wastewater system financial plan, proposed wastewater changes and rates, wastewater bill impacts, how total water and sewer customer bills are affected, combined water and wastewater bill impacts, and the next steps. Council member questions were addressed. City Council received and filed the report. ADJOURNMENT Mayor Sustarsic adjourned the City Council at 8:28 p.m. to Monday, August 24, 2020 at 5:30 p.m. to meet in closed session, if deemed necessary, in memory of Ronald F. Deaton, husband of former Seal Beach Mayor and Council Member Ellery Deaton, who passed away on August 4, 2020, Gabriella O’Donnell, mother of Long Beach Mayor Robert Garcia, who passed away on July 27, 2020 and Greg O’Donnell, step-father of Long Beach Mayor Robert Garcia, who passed away on August 9, 2020. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item B AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria Harper, City Clerk SUBJECT:Approval of the August 26, 2020 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session meeting held on August 26, 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 8 3 9 RECOMMENDATION: That the City Council approve the minutes of the Closed Session meeting held on August 26, 2020. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Minutes - Closed Session 5 3 8 7 Seal Beach, California August 26, 2020 The City Council met in Closed Session at 4:30 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, Seal Beach Police Department Steve Hurdle, Battalion Chief, Orange County Fire Authority Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that no communications were received. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to pursuant to Government Code Section 54957(a): 1. To the security of public facilities and essential public services posed by the spread of the COVID-19 virus; and, 2. Possible protest activity in Seal Beach. ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 5:15 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Approving Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc., for On- Call Professional Engineering Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7068: 1. Approving Amendment No. 1 to the Professional Services Agreement dated July 22, 2019, with Stantec Consulting Services, Inc., to increase compensation by $200,000 for a revised total contract not-to-exceed amount of $500,000 for additional on-call professional engineering services; and, 2. Authorizing the City Manager to Execute Amendment No. 1. BACKGROUND AND ANALYSIS: The City has a robust capital improvement, development services, and interagency coordination program that require on-going engineering services to support the demand. The City entered into an on-call professional services agreement (Agreement) with Stantec Consulting Services, Inc., (Stantec) on July 22, 2019, in response to this need. Stantec has since assisted the City in efforts including biological monitoring activities and LCWA Watermain Relining project. Given the magnitude of these efforts, the Agreement’s $300,000 compensation limit is close to being fully encumbered. In addition to the Agreement work, Stantec has been awarded the Lampson Avenue Bike Trail Gap Closure project design, which was federally funded and competitively solicited. The project location is adjacent to the I-405 Improvement Project (I-405), where continuous OCTA coordination and design is necessary. In anticipation of the I-405 work and other engineering needs, Stantec submitted a letter proposal to continue providing as-needed professional engineering services for an additional $200,000, for a total contract not-to-exceed amount of Page 2 8 2 9 $500,000. It should be noted that I-405-related expenditures would be applied towards previously established I-405 funding agreements. All other terms in the Agreement will remain unaltered. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the amendment to the professional services agreement with Stantec Consulting Services, Inc. will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The approval of the proposed Amendment No. 1 does not directly appropriate or expend funds. Services performed by Stantec Consulting Services, Inc.’s under this Agreement will be used to the extent of available funding in the applicable budget accounts. 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 7068: 1. Approving Amendment No. 1 to the Professional Services Agreement dated July 22, 2019, with Stantec Consulting Services, Inc., to increase compensation by $200,000 for a revised total contract not-to-exceed amount of $500,000 for additional on-call professional engineering services; and, 2. Authorizing the City Manager to Execute Amendment No. 1. Page 3 8 2 9 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 7068 B. Stantec Professional Services Agreement C. Stantec Professional Services Agreement Amendment No. 1 RESOLUTION 7068 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES WHEREAS, the City has a robust capital improvement, development services, and interagency coordination program that requires on-call professional engineering services; and, WHEREAS, on July 22, 2019, the City entered into a professional services agreement with Stantec Consulting Services, Inc. (Stantec) for On-Call Professional Engineering Services (Agreement) in the amount of $300,000; and, WHEREAS, due to the City’s ongoing professional engineering services needs, the amount authorized under the current Professional Services Agreement with Stantec for on-call professional engineering services is close to being fully encumbered. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 1 dated September 14, 2020 to the Agreement dated July 22, 2019 between the City of Seal Beach and Stantec Consulting Services, Inc. to increase Stantec’s compensation by $200,000 for a revised total contract not-to-exceed amount of $500,000 attached hereto as Exhibit “A” and incorporated herein by this reference as though set forth in full. SECTION 2. The City Council hereby authorizes the City Manager to execute Amendment No. 1. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September, 2020 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 5 3 5 9 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 7068 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September, 2020. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Engineering Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 949) 923-6000 This Professional Service Agreement ("the Agreement") is made as of July 22, 2019 the "Effective Date"), by and between Stantec Consulting Services, Inc. ("Consultant"), a New York corporation and the City of Seal Beach ("City"), a California charter city, collectively, "the Parties"). RECITALS A. City desires certain on-call professional engineering services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide Professional Engineering services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional Engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1 of 13 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on July 22, 2022, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from July 22, 2022 through and including July 22, 2023, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from July 22, 2023 through and including July 22, 2024, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $300,000 for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 for each extension. 3.3. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 2of13 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Mohammad Heiat is the Consultant's primary representative for purposes of this Agreement. Mohammad Heiat shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3of13 in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 Attn: Mohammad Heiat 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services 4 of 13 under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in Sections 9.0 and 16.0 of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension contributions to PERS on behalf of qualifying employees. In providing its employees and any other personnel to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired 5of13 annuitants and shall not assign or utilize any personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. In the event that Consultant or any of its officers, employees, agents, or subcontractors providing any of the Services under this Agreement, is determined by a final enforceable decision of a court of competent jurisdiction or by PERS to be a common law employee of City, to be eligible for enrollment in PERS as an employee of City, or to be reinstated from PERS retirement as an employee of City, Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its officers, employees, agents or subcontractors, as well as for the payment of penalties and interest on such contributions, and any other any fees, fines, reimbursements, losses, or other monetary damages of any kind whatsoever that is claimed, asserted, or alleged, which would otherwise be the responsibility of City. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in Sections 8.0 and 16.0 of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with 6of13 respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form 7of13 number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: 1,000,000 per claim/aggregate. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 8of13 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant , and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 9 of 13 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is Consultant shall not discriminate against a applicant for employment because of race, handicap, ancestry, sex, sexual orientation, includes, but is not limited to, all activities upgrading, demotion, transfer, recruitment or termination. 18.0 Labor Certification an equal opportunity employer. ny subcontractor, employee, or religion, color, national origin, or age. Such non-discrimination related to initial employment, recruitment advertising, layoff, or By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 10 of 13 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 11 of 13 employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 12 of 13 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH HAI Attest: M Appro% M Ji R. Ingram, City n ger CONSULTANT Servici By: Name: Its: By: Name: Its: Stantec Consulting Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 13 of 13 EXHIBIT A Consultant's Proposal Proposal for On -Call Professional Engineering Services Prepared for City of Seal Beach April 26, 2019 3 Stantec April 26, 2019 Dear Ms. Lee: Attention: Iris Lee Maintaining quality services for our communities while managing Deputy Public Works capital improvement budgets requires an effective approach. For the Director/City Engineer City of Seal Beach's (City) needs, an on-call consultant is an efficient City of Seal Beach way to implement your upcoming projects. With an experienced and Public Works Department flexible team that can successfully support multi -disciplined design 211 Eighth Street engineering projects simultaneously, your projects will be in good Seal Beach, CA 90740 hands. Stantec Consulting Services Inc. (Stantec) has designed a team specifically for you. We are proven and respected professionals who are committed to respond quickly to our clients' needs. Here are Proposal to Provide On -Call a few reasons why we are the best fit for your upcoming projects: Professional Engineering Services for the City of Seal Successful partnering relationships with other local cities and Beach agencies. Our presence in Southern California dates back to 1973. Since then, we have delivered on-call professional engineering services for several similar coastal communities, including Newport Beach, Huntington Beach, Long Beach, Laguna Beach, San Clemente, and Redondo Beach. We are experienced with challenges that coastal communities face including, poor existing drainage conditions, high water tables, and processing Coastal Development Permits through the Coastal Commission. Additionally, we are experienced in Caltrans standards, procedures, and the Encroachment Permit process, having recently processed encroachment permits for the cities of Anaheim, Mission Viejo, Huntington Beach, Laguna Beach, and Downey. Reputation for reliability and well-managed projects. We are committed to designing innovative, implementable, and safe public infrastructure throughout the City. Locally based and just 30 minutes from your office, we will respond quickly to your requests. We bring the depth of experience with national resources of more than 22,000 employees. We have developed a reputation for providing the right resources and expertise of a national firm to local projects. Our Irvine office of more than 190 staff can provide full -services for any size project for this contract. Our references can also verify our responsiveness and collaborative approach. Ability to deliver cost-effective projects on schedule. We carefully scope the necessary level of effort to successfully meet your goals, and believe that successful project delivery consists of not only completing the project on schedule, but also keeping within the given budget. We will work efficiently to maintain your budget, just as we have done on similar on-call contracts. Our team is available and committed to maintaining your overall vision, adhering to budget restrictions, and keeping the project(s) on schedule. Design with community in mind 3 Stantec Strong understanding of the on-call process. Through decades of experience, we understand the on-call process and have refined our efforts to be the most responsive and productive for your task orders. As part of their CIP programs, we are currently or have recently provided on-call engineering services for the cities of Anaheim, Irvine, Laguna Beach, Mission Viejo, Newport Beach, Santa Ana, and Downey; County of Orange; OCTA; South Coast Water District; and Port of Long Beach (POLB). Mohammad Heiat, PE, will act as the Contract Manager and Principal -in -Charge on all task orders, which will be managed from our Irvine office. The Task Managers will include Wilkerson, f for roadway and site design related task orders, roger Chung, F for drainage related task orders, and t=eri K(, for sewer and water related task orders. Jeff will also serve as the alternate Contract Manager, if necessary. Mohammad is authorized to bind our team to all terms and conditions in your RFP, as well as herein. We look forward to further discussing with you how we can support your important civil/transportation engineering projects. Sincerely, Stantec Consulting Services Inc. Mohammad Heiat, PE Contract Manager/Principal-in-Charge 949) 923-6962 mohammad.heiat@stantec.com Design with community in mind Jeff Wilkerson, PE Alternate Contract Manager/Task Manager 949) 923-6959 jeff.wilkerson@stantec.com Stantec Qualifications Company Background 1 Organizational Chart 2 Key Personnel Qualifications 3 Resumes 4 Our Work Plan 11 On -Call Approach 11 Approach to Specific Assignments 14 Sample Projects 21 Project Controls 25 References 28 Exceptions to Contract 29 DIR Registration 29 Appendix Appendix A - Full Resumes Fee Proposal Attached Separately Stantec qualifications Company Background Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place and of belonging. That's why at Stantec, we always design with community in mind. We care about the communities we serve—because they're our communities too. This allows us to assess what's needed and connect our expertise, to appreciate nuances and envision what's never been considered, to bring together diverse perspectives so we can collaborate toward a shared success. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. We have the experience to implement your project assignments. Each team member is committed to completing work on schedule and within budget. We will keep your projects moving forward seamlessly through close coordination with team members. Your professional service needs will be met with our team's high quality work, good communications, and effective project management. As a well-established local firm, Stantec has the resources and abilities to provide personalized service while keeping the work on schedule and within budget. Our team of engineers, designers and surveyors excel in developing, enhancing safety and rehabilitating infrastructure for public facilities, and programs for preserving the recreational assets and the natural environment. The City will benefit from the Stantec team by our: Staff availability and quick response capabilities Excellent communication and comprehensive coordination of all project issues Reputation for innovation and value engineering Specific attention for completion of assigned tasks ahead and/or on schedule Local knowledge of the area and coastal communities Proficiency with City standards and applicable state and federal regulatory agencies Highly qualified project management capabilities Comprehensive QA/QC Program Organization Chart DRAINAGE & WATER QUALITY Roger Chung, PE, QSD/QSP Phil Jones, PE Alisha Flores, PE City of Seal Beach CONTRACT MANAGER c, Mohammad Heiat, PE QA/QC Sherry Weinmeier, PE ROADWAY/SITE WATER AND WASTEWATER Jeff Wilkerson, PE Robert Reid, PE Susan Reid, PE Jeffery Dunn, PE Dave Lew, PE Nahid Heidarbaghi, PE TECHNICAL SUPPORT LANDSCAPING AND TRAFFIC/TRANSPORTATION ENVIRONMENTAL & IRRIGATION Keith Rutherfurd, TE PERMITTING Steve Cook, RLA Josh Park, TE Michael Weber Katie McNguyen, RLA Gilberto Ruiz ELECTRICAL SURVEYING & RIGHT OF WAY GRANT APPLICATIONS Paul Ericson, PE Greg Sebourn, PLS Maria Morris, PTP STRUCTURAL GEOTECHNICAL PUBLIC OUTREACH Dan Hayes, PE Jaret Fischer, PE Carlos Pineda, PE LEGEND Key Personnel 2 Key Personne Qualifications Name Mohammad Heiat Role Contract Manager Years of Experience 38 Education BS, MS Available 30% California License PE #C45776 Sherry Weinmeier QA/QC 34 BS 20% PE #C41751 Jeff Wilkerson Roadway / Site Lead 19 BS, MS 60% PE #C63466 Susan Reid Roadway / Site Support 25 BS 60% PE #C56872 Dave Lew Roadway / Site Support 9 BS 80% PE #C88915 Roger Chung Drainage & Water Quality Lead 20 BS 50% PE #C65388, QSD/ QSP Phil Jones Drainage & Water Quality Support 33 BS 50% PE #C44010 Alisha Flores Drainage & Water Quality Support 13 BS 50% PE #C76769 Robert Reid Water and Wastewater Lead 30 BS, MBA 60% PE #C049624, CPA 52171E Jeffrey Dunn Water and Wastewater Support 25 BS 60% PE #C58455 Nahid Heidarbaghi Water and Wastewater Support 18 MS 70% PE #C67658 Steve Cook Landscaping and Irrigation Lead 27 BS 60% RLA #4053, LLC C27-52894 Katie McN u engy Landscaping and Irrigation Support 10 MLA, BA 50% RLA #6100, LLC 981708 Keith Rutherfurd Traffic / Transportation Lead 33 BS, MS 60% TE #1647 Josh Park Traffic / Transportation Support 6 BS 80% TE #2856 Michael Weber Environmental & Permitting Lead 20 BS 30% n/a Gilberto Ruiz Environmental & Permitting Support 28 MA, BA 60% n/a Paul Ericson Electrical Lead 35 BS 40% PE #E11219 Greg Sebourn Surveying & Right of Way Lead 19 AS 50% PLS #8395 Maria Morris Grant Application Lead 13 BA 50% AICP #028708, PTP 419 Dan Hayes Structural Lead 23 BS 50% PE #C63132 Jaret Fischer Geotechnical Lead 18 BS 30% PE #C80383 Carlos Pineda Public Outreach Lead 38 BSM, MS, 30% PE #C38639 37 Resumes L Mohammad Heiat, PE Contract Manager Education: MS and BS, Civil Engineering Registrations: Professional Engineer #45776, CA Introduction: Mohammad has more than 38 years of professional civil and transportation engineering experience, including extensive on-call service experience with local cities in Southern California. His extensive capital improvement experience includes street rehabilitation and reconstruction, street widening, intersection widening, storm drainage, and water and sewer design improvements. He has a strong understanding of Caltrans manuals and policies, State Standard Plans and Specifications, Community Development Block Grant (CDBG) Programs, federal requirements, and the Greenbook Standard Specifications for Public Works Construction. Jeff Wilkerson, PE Roadway / Site Lead Education: MS and BS, Civil and Structural Engineering Registration: Professional Engineer #63466, CA Introduction: Jeff has more than 19 years of civil engineering experience working for both public and private clients, with an emphasis on city and airport transportation projects. He has been responsible for the project management, conceptual level design, and delivery of final PS&Es for projects with a wide range of size and scope. Jeff is known for his hands-on design skills, organizational abilities, and delivering projects on schedule and under budget. Jeff is an expert in AutoCAD and Civil 3D and leverages this knowledge to create innovative and efficient solutions to complex engineering problems. Denotes projects completed with other firms Project experience for local agencies: Lakewood Boulevard Improvements Project, Phases 3B and 3C, Downey, CA (Principal-in-Charge/QC Supervisor) Cerritos Recycled Water Pipeline Extension, Cerritos, CA (Principal-in-Charge/QC Supervisor) Newport Boulevard Widening Improvements, Newport Beach, CA (Principal-in-Charge/QC Supervisor) Oso Parkway Roadway Widening Improvements, Mission Viejo, CA (Principal-in-Charge/QC Supervisor) Irvine Avenue Pavement Rehabilitation Project, Newport Beach, CA (Principal-in-Charge/QC Supervisor) Cliff Drive Beach Street and Legion Street, Laguna Beach, CA (Principal-in-Charge/QC Supervisor) Bonito Canyon Park and Vista Bahia Park Restroom Replacement Civil Site Design, San Clemente, CA (Principal-in-Charge/QC Supervisor) Gardendale Street Pavement Rehabilitation, Downey, CA (Principal-in-Charge/QC Supervisor) Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA (Principal- in-Charge/QC Supervisor) Project experience for local agencies: Lakewood Boulevard Improvements Project, Phases 3B and 3C, Downey, CA (Civil Lead) Gardendale Street Pavement Rehabilitation, Downey, CA (Civil Lead) Newport Boulevard Widening Improvements, Newport Beach, CA (Project Manager) Oso Parkway Roadway Widening Improvements, Mission Viejo, CA (Civil Lead) Irvine Avenue Pavement Rehabilitation Project, Newport Beach, CA (Project Manager) Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA (Project Manager) Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA (Civil Lead) Paramount Boulevard Median Island Improvements, Downey, CA (Civil Lead) Brookshire Avenue Pavement Rehabilitation, Downey, CA (Civil Lead) Lomita Boulevard Intersection Improvements, Lomita, CA (Civil Lead) Sherry Weinmeier PE f .> QA/9C Education: BS, Civil Engineering Registrations: Professional Engineering #41751, CA Introduction: Sherry has provided civil engineering and design services for public and private infrastructure projects for the past 34 years. Her design experience includes concept level infrastructure design through final design services for large-scale master planned communities and major transportation facilities. Sherry manages budgets, schedules, staffing, and final PS&E delivery for a wide range of projects in size and scope. Her understanding of the detail, as well as the owner goals has resulted in overwhelming success of project delivery on schedule and within budget. Project experience for local agencies: Laguna Beach Engineering Services for Pedestrian Pathway Projects, Laguna Beach, CA (Principal -in -Charge) Herondo Street/Harbor Drive Gateway Park and Cycle Track, Redondo Beach, CA Civil Engineering Task Manager) Safe Routes to School Projects, Santa Monica, CA (Civil Engineering Quality Control) Camino Del Rio Traffic Calming and Round -About Improvements, San Clemente, CA (Quality Control) 17th Street Separated Bikeway and Michigan Avenue Greenway Project, Santa Monica, CA (Project Manager) Santa Ana Boulevard and 5th Street Cycle Track, Santa Ana, CA (Project Manager) Culver Drive/University Ave Intersection and Widening, Irvine, CA (Project Manager) Campus Drive/Bristol Street Intersection Improvement Project, Orange County, CA (Project Manager) Moulton Parkway Smart Street Widening Improvements, EI Toro Road to Santa Maria Avenue, Laguna Woods, CA (Prinicpal-in-Charge) Roger Chung PE, ASD/PAtDrainage & Water Quality Lead Education: BS, Civil and Environmental Engineering Registration: Professional Engineer #65388, CA; Qualified Stormwater Pollution Prevention Plan Developer/Practitioner Introduction: Roger has 20 years of civil engineering experience with expertise in hydrology, hydraulic, and structural analysis for drainage studies; drainage master plans; and design plans, specifications, and cost estimates for water supply and flood control facilities. He has been involved in the hydraulic analysis and design of numerous water recharge and flood control projects in Orange, San Bernardino, Riverside, Los Angeles, San Diego, Kern, and Ventura Counties. Denotes projects completed with other firms Project experience for local agencies: Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA (Drainage and Water Quality Manager) Newport Boulevard and 32rd Street Modifications, Newport Beach, CA (Drainage and Water Quality Manager) University of California, Irvine (UCI) Drainage Master Plan*, Irvine, CA (Drainage Task Manager) Fullerton Road Grade Separation*, Industry, CA (Task Manager) Penmar Lane Drainage Improvements*, Pomona, CA (Project Manager) Rosecrans Avenue Grade Separation, Santa Fe Springs, CA (Task Manager) Tustin Avenue and Rose Drive Grade Separation Project*, Orange County, CA (Drainage Task Manager) Robert Reid PE AiL Water and Wastewater Education: MBA, Business; BS, Mechanical Engineering Registrations: Professional Engineer #049624, CA Introduction: Robert brings 30 years of diversified experience in water resources engineering and consulting for the public sector. He has managed all phases of water resource projects, including conceptual planning, feasibility studies, facility design, and construction management; evaluated numerous water distribution and wastewater collection systems; and developed facility plans to meet projected future needs. These plans have involved major infrastructure projects related to water transmission, treatment and storage facilities, and wastewater collection facilities. Robert's extensive technical expertise includes preparing preliminary and final designs, as well as providing construction management services for water distribution and wastewater collection facilities. Steve Cook RLA Landscape and Irrigation Education: BS, Agricultural Business Management Registrations: Landscape Contractor #4053, CA Introduction: Steve's more than 27 years of combined experience as a Registered Landscape Architect, a Licensed Landscape Contractor, a Certified Water Auditor, and a Member of the Environmental Protection Agency's (EPA) Watersense Partnership Program provide him a broad base of valuable knowledge. His years of experience as a Landscape Contractor working directly with the materials most commonly used in landscape construction give him a breadth of information to draw upon for irrigation design and valuable insight when conducting site observations and providing other field construction - related services. Steve's experience as a landscape architect and a Certified Landscape Water Auditor provide him the knowledge necessary to design the most current environmentally friendly and efficient irrigation delivery systems. Project experience for local agencies: Long Beach Municipal Urban Stormwater Treatment System, Long Beach, CA Conveyance and Diversions Task Leader) Wells 5, 6, 7 and Califia Rehabilitation, San Clementa, CA (Project Manager) Doheney Village Water Supply Assessment, Dana Point, CA (Project Manager) Sanitary Sewer Beach Interceptor Trenchless Improvements, Laguna Beach, CA (Project Manager) Upgrade Coastal Junction (CM -10) Valve Replacement - Preliminary Design Report, Irvine, CA (Principal -in -Charge) Upgrade Coastal Junction (CM -10) Valve Replacement Final Design, Irvine, CA (Project Manager) Lift Station No. 6 Force Main Replacement, Dana Point, CA (Project Manager) Lincoln Avenue 16 -inch Water Main, Anaheim, CA (Project Manager) Miscellaneous Water Vault Rehabilitation, Anaheim, CA (Project Manager/Principal-in-Charge) Loara Street 8 -inch Water Main Replacement, Anaheim, CA (Principal -in -Charge) Cypress Transmission Rehabilitation, Azusa, CA (Principal -in -Charge) Project experience for local agencies: Bastanchury Road, Unocal*, Fullerton, CA (Landscape Architect) Santa Ana Canyon Road, Anaheim, CA (Project Manager) Katella Avenue Smart Street Improvements, Ninth Street to Humor Drive, Anaheim, CA (Landscape Architect) Miraloma Streetscape, Anaheim, CA (Landscape Architect) Culver Drive/University Avenue Intersection and Widening, Irvine, CA (Landscape Architect) Maine Avenue Complete Streets, Baldwin Park, CA (Project Manager) Golden Valley Road, Santa Clarita, CA (Landscape Architect) Santa Monica Berkeley Street Traffic Calming, Santa Monica, CA (Landscape Architect) Mecca Streets Revitalization - Economic Development Agency, Riverside, CA (Landscape Architect) EI Camino Real/Carmel Mountain Road at Torrey Hills, San Diego, CA (Landscape Architect) Marywood Pump Station, Orange, CA (Landscape Architect) Denotes projects completed with other firms a Keith Rutherfurd TE Traffic Analysis and Design/Public Outreach Education: MS, Civil and Transportation Engineering; BS, Administrative Studies Registrations: Professional Traffic Engineer 001647, CA Introduction: Keith offers 33 years of transportation and traffic engineering experience with a broad background in transportation analysis and design plans preparation. He has performed technical analyses and studies, prepared various reports, and designed improvement plans for numerous public works projects. Keith's specific transportation engineering experience includes road alignment studies, highway and street improvements design with geometric studies, interchanges, and ramps; traffic engineering, including site impact studies; and signing, striping, traffic signal, and traffic control plan design. Michael Weber ti. Environmental Education: BS, Environmental Studies Introduction: With 20 years of progressive environmental consulting experience, Michael's expertise involves coastal land uses subject to discretionary agency approvals and public environmental review. Michael provides environmental services and leads multi -disciplinary teams through all life cycle phases of projects. Michael has an expertise in environmental permitting, and has experience obtaining discretionary permits for projects that are subject to multi -agency oversight and significant community involvement. He works on projects that are often located in sensitive areas with significant natural resource constraints. Michael has experience obtaining project permits and approvals from a wide range of federal, state, and local agencies. Project experience for local agencies: Fullerton College Traffic and Parking Study, Fullerton, CA (Project Manager) Lakewood Boulevard Improvements Project, Phases 3B and 3C, Downey, CA (Traffic Lead) Gardendale Street Pavement Rehabilitation, Downey, CA (Traffic Lead) Newport Boulevard Widening Improvements, Newport Beach, CA (Traffic Lead) Oso Parkway Roadway Widening Improvements, Mission Viejo, CA (Traffic Lead) Irvine Avenue Pavement Rehabilitation Project, Newport Beach, CA (Traffic Lead) Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA (Traffic Lead) Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA (Traffic Lead) Paramount Boulevard Median Island Improvements, Downey, CA (Traffic Lead) Newland Street Improvements, Cities of Westminster and Huntington Beach, Orange County, CA (Traffic Lead) Project experience for local agencies: Newport Bay Water Wheel Project, Newport Beach, CA (Project Manager) Remedial Excavation and Systems Installation, Seal Beach, CA (Project Manager) Top of the World Pedestrian Pathway, Laguna Beach, CA (Environmental Task Manager) Belmont Island Decommissioning Project*, Orange County, CA (Project Manager and Environmental Scientist) Boatyard Improvements Project*, Port of San Diego, CA (Project Manager) Aliso Creek Trail Slope Repairs Project, Orange County, CA (Environmental Task Manager) E&B Resources Proposed Oil Production Project, Hermosa Beach, CA (Project Manager) Sweany Water Line Replacement Project, Crystal Cove, CA (Principal) Active Transportation Plan, Costa Mesa, CA (Principal -in- Charge) Denotes projects completed with other firms 0 Paul Ericson PE As Electrical Education: BS, Electrical Engineering Registrations: Professional Engineer #E11219, State of California Introduction: Paul has over 35 years of consulting engineering with design experience in lighting, power and special systems design for both new and renovation projects. Paul is responsible for project management including client contact, overall concept designs, specifications, project scheduling, estimating, and supervising design personnel. He is actively involved with the Illuminating Engineering Society of North America (IESNA) at the Society level and has received lighting design awards from the IESNA. r. Greg Sebourn PIs Surveying & Right of Way Education: AS Registrations: Professional Land Surveyor 8395, State of California Introduction: Greg has more than 19 years of professional experience in numerous aspects of land surveying and mapping. His expertise includes business development; project management; client management; and surveying, mapping, and map checking services. Greg works with public and private entity clients throughout Southern California. Some of his municipal projects included the Anaheim Stadium properties subdivision, monument preservation efforts; and design topographic, and construction surveys for pavement, sewer, and right-of-way improvement projects. Greg is significantly active in the land surveying professional community, having served as the California Land Surveyors Association's (CLSA) Director and CLSAs Orange County Chapter President. Denotes projects completed with other firms Project experience for local agencies: Port of San Diego Banner Art Project Lighting Design*, Imperial Beach, CA (Principal -in -Charge) City of San Diego Various Roadway and Bridge Lighting Projects*, San Diego, CA (Electrical Lead) City of Oceanside, Street Lighting & Utility Coordination for Various Projects*, Oceanside, CA (Electrical Lead) San Diego County Fleet Maintenance and Parking Structure Facility, San Diego, CA (Electrical Lead) San Diego Zoo Parking, San Diego, CA (Electrical Lead) Discovery Center at Grant Park*, San Diego, CA (Electrical Lead) The Hodges Golf Center*, Escondido, CA (Electrical Lead) LAX- Consolidated Rent A Car (ConRac) facility, Los Angeles, CA (Electrical Lead) San Diego Airport Terminal 2 Parking Plaza, San Diego, CA (Electrical Lead) Project experience for local agencies: Multiple On -Call Map Checking*, Southern CA Quality Assurance/Quality Control Supervisor) On -Call Services, City of Anaheim Subdivision, and Parcel Consolidation of Anaheim Stadium Properties*, Anaheim, CA (Senior Survey Project Manager) On -Call Surveying and Mapping, Metropolitan Water District (MWD) of Southern CA*, County of Riverside, California (Survey and Mapping Task Leader) Robert W. Goldsworthy Desalter*, Torrance, CA (Project Surveyor) On -Call Services, City of Anaheim City -Wide Sanitary Sewer Improvement Program*, Anaheim, CA (Senior Survey Project Manager) Lakewood Boulevard Improvements, Project Phase 3B and 3C, Downey and Pico Rivera*, Downey and Pico Rivera, CA (Project Surveyor) On -Call Services, City of Anaheim Santa Ana Canyon Road Rehabilitation and Realignment*, Anaheim, CA (Survey Manager) 2011-2015 Residential Street Rehabilitation Project Monumentation Preservation Services*, Huntington Beach, CA (Project Manager) Maria Morris PrP, AICP Grant Applications Education: BA, Environmental Analysis and Design Registrations: Professional Transportation Planner #419; Certified Planner #028708, American Institute of Certified Planners Introduction: Maria has been involved in Transportation Planning for more than 13 years. She is well-rounded in the profession with experience in short and long-range transportation planning, travel demand modeling and forecasting, land use impact analysis, transportation system evaluation, highway corridor planning, transportation demand management strategies, transportation management plans, traffic simulation models, roundabouts, bicycle and pedestrian plans, SB 375 and SB 743, GHG and VMT reduction strategies, and GIS applications. L—_ Dan Hayes PE Structural Education: BS, Civil Engineering and Environmental Engineering Registrations: Professional Engineer #63132, State of California Introduction: Dan has 23 years of civil engineering experience with extensive experience in structural analyses and design, and preparation of design plans, specifications and cost estimates for retaining walls, water systems, pump stations, channels, dams and reservoir facilities. He has been involved in the structural analysis and design of several retaining walls, water recharge and flood control projects in Riverside, San Bernardino, Orange, and Los Angeles counties. Project experience for local agencies: Los Angeles Metro On -Call Grant Writing, Los Angeles, CA (Project Manager) City of La Habra Systematic Safety Analysis Report Program (SSARP) and HSIP Grant Applications, La Habra, CA (Project Manager) Living Streets Design Manual/Aviation Boulevard Multimodal Corridor Plan, Redondo Beach, Manhattan Beach, and Hermosa Beach, CA (Project Manager) Pereira Drive Collector Road Study and Improvements, Irvine, CA (Task Manager) Traffic Analysis for the SR -126 Feasibility Study/TEPA, Los Angeles County, CA (Lead Technical Manager) SR -126 Project Study Report/Project Development Support (PSR/PDS) for EA 31590K Traffic Study and TEPA, Los Angeles County, CA (Lead Technical Manager) SR -91 Widening Between SR -57 and SR -55, Interchange Areas PSR/PDS Traffic Analysis Report, Orange County, CA (Lead Technical Manager) Project experience for local agencies: Oso Parkway Roadway Widening*, Mission Viejo, CA (Structural Engineer) Avalon and Arroyo at Baker Ranch, Parcels 2013-152 and 2013-159*, Lake Forest, CA (Structural Engineer) Cypress Village PA 40*, Irvine, CA (Structural Engineer) Tract 16702, PA1, Orchard Hills*, Irvine, CA (Structural Engineer) Tract 46908 Debris Wall Design*, Valencia, CA (Structural Engineer Task Manager) Forest Lawn Hollywood Hills, Sennett Creek Stabilization Project, Glendale, CA (Senior Project Engineer) Forest Lawn Covina Hills, Mitigation Basin 5, Covina, CA (Senior Project Engineer) Laguna Audubon Retarding Basin Floodwall Improvement, Aliso Viejo, CA (Structural Engineer) Newport Boulevard Widening Project*, Newport Beach, CA (Structural Engineer) Denotes projects completed with other firms a Jaret Fischer PE Geotechnical Engineering/Testing Education: BS, Environmental Resources Engineering Registrations: Professional Engineer #80383, CA Introduction: Jaret has more than 18 years of experience in the environmental and geotechnical industry. He manages environmental and geotechnical portfolios for several major oil company clients, solar energy clients, and supporting the geotechnical needs of other regional offices. Jaret researches and authors Phase I and II ESAs, completes geotechnical investigations and compaction reports, provides construction management and oversight, and provides geotechnical soils laboratory testing. Project experience for local agencies: South Street and East Street Roadway Expansion Project, Anaheim, CA (Senior Engineer) John Wayne Airport, Campus Drive Widening Project, Irvine, CA (Senior Engineer) Culver/University Intersection Improvement Project, Newport Beach, CA (Senior Engineer) Various Environmental Site Assessments, Various Cities, CA (Senior Engineer) March Air Reserve Base Joint Deployment Facility, Moreno Valley, CA (Senior Engineer) Grayson Power Plant, Glendale, CA (Senior Engineer) AutoNation Roseville Subaru, Roseville, CA (Senior Engineer) Various Geotechnical Oversight Projects, Various Cities, CA (Senior Engineer) Environmental Sampling and Remedial Excavation Oversight, Various Cities, CA (Senior Engineer) Carlos Pineda, PE, 9SD/P, LEED AP Street Design and Public Outreach Education: MBA; MS and BS, Civil and Structural Engineering Registrations: Professional Engineer #38639, CA; LEED AP; QSD, QSP #01336 Introduction: Carlos has more than 38 years of experience in civil engineering and project management with extensive experience working for private and public sectors. His public works design experience spans various projects, including improving major arterials, secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects. His private sector design experience includes residential master planned communities, "in tract" residential improvements, and commercial centers. Carlos' hands-on management approach and extensive knowledge of public agencies standards and permitting procedures will be instrumental in helping ensure your projects are completed within budget and schedule. His experience also includes leading and participating in public outreach meetings. Denotes projects completed with other firms Project experience for local agencies: Los Serranos Infrastructure Improvements Under the Safe Routes to Schools Program Phase 3*, Chino Hills, CA (Project Manager) English Springs Park Restroom Facility, Chino Hills, CA (Project Manager) Citywide Major Street Rehabilitation FY 13/14 — FY 14/15)*, Pomona, CA (Project Manager) Fairview Road Safety, Improvement Project, Costa Mesa, CA (Project Manager) Pomona Rincon Transfer Station, Chino Hills, CA (Project Manager) North San Fernando Boulevard Safety Improvements, Burbank, CA (Project Manager) Cress Street Sidewalk and Wall Improvements, Laguna Beach, CA (Project Manager) Leland Way Streetscape Improvements, Burbank, CA (Project Manager) SR2S Hermosa View Improvements*, Hermosa Beach, CA (Project Manager) Our Work Plan On -Call Approach Understanding and Objectives The City requires a seasoned consultant to support your upcoming projects. We have the team, experience, and community understanding to achieve your objectives in a timely and cost effective manner—through diligent project management, team work, and state-of-the-art technical skills. As an extension of your engineering staff, we will perform all services in collaboration with you. We will respond to your task orders promptly and will prepare and submit a detailed work plan, schedule, and cost estimate. Our main objective is to meet and exceed your goals for each task order. We will work very closely with your project manager to define and understand how to meet your objectives. This includes selecting the appropriate team members, using resources effectively, preparing a schedule with clear and feasible milestones and deadlines, and offering a fair and competitive budget. After you select us for an assignment, we will meet with you before proceeding to review and confirm the scope of services, schedule, and fee. We pride ourselves on continuously seeking innovative approaches and solutions while executing civil engineering design projects. Our experience and knowledge of coastal communities allow us to identify various alternative solutions to a variety of projects. During the project, we will explore value engineering opportunities to reduce your costs. In addition, all deliverables will undergo a thorough review by our assigned task manager, our Contract Manager, Mohammad Heiat, and our QA/QC Manager, Sherry Weinmeier. Prior to each submittal, our meticulous attention to detail helps ensure that all deliverables from each design discipline are well - coordinated. This is accomplished by electronic file sharing, face-to-face coordination meetings, and in-house QC reviews prior to submitting each project progress phase deliverables. Description of Efforts We know the on-call process and have refined our efforts to be the most efficient and effective for your projects. The scope of work for any one project may involve all phases of project development. For most general on-call engineering services requests, we will prepare engineering design plans, reports, specifications, and estimates (PS&E) for construction. The phases of work for a typical project will include preliminary engineering, final engineering, and bid and construction support services. See the Project Workflow Diagram on page 13 for a typical task order. Preliminary Engineering We begin the project by identifying and addressing major project design issues before work commences on the construction documents. To initiate this phase, we meet with you to gain an understanding of the project objectives, timing, budget, and views of internal and external stakeholders. We perform research and discovery to understand existing conditions, development procedures, and criteria; and identify opportunities and constraints. We review available plans and supporting documents and prepare a report summarizing findings and recommendations for the project design. We also prepare conceptual plan alternatives, technical studies, and cost estimates as required. Typically, once a preferred alternative is selected, it will be developed into preliminary construction plans approximately 50% level). The conceptual studies and plans developed during this phase are used as the basis for the design development drawings and documents. In our experience, this phase is instrumental in confirming design objectives, highlighting project opportunities for cost savings, and expediting the design and approval process. P As a well-established local firm, we have the in-house resources and abilities to provide personalized service, while keeping work on schedule and within budget, Final Engineering Once we receive comments on the preliminary construction plans, we further develop the final construction documents. We typically produce PS&E at the 90%, 100%, and final levels and submit them to be reviewed by the City for submittal to the appropriate departments or other required agencies. Bid and Construction Support As projects are typically bid out to Contractors after the final engineering phase is completed, we provide bid support services as requested by you. Once the project has been awarded, we will attend the pre -proposal, pre -construction, and other on-site meetings, as needed. We will review shop drawing and material submittals, address the Contractors questions and requests for information in writing, and prepare the final Record Drawings. All civil engineering assignments will follow a systematic set of tasks, as illustrated in the following project workflow diagram. The various components and steps include our process for completing a typical public works design project Private Development Plan Checking In response to a specific plan check assignment, we will enlist team members with the required skills to prepare a detailed work plan, schedule and cost estimate for review and approval by you. We will meet with you to review and refine the scope of services and schedule, and to negotiate the corresponding contract amount, if necessary. Once the City agrees with the project plan and cost, and the notice to proceed is issued, we will begin the plan check and manage the review through satisfactory completion. At the beginning of each plan check assignment, we will meet with you to receive the plans and to gather/review existing data and information, as required. City staff will note the assignments given to us in the plan check logbook, and we will note the review priority for each project assigned. We will discuss with you any concerns or conditions associated with each project as identified by you. When beneficial for plan review and general project knowledge, we will conduct a field visit of the project sites to confirm existing improvements and adequacy of project design. We will coordinate with you and other consultants performing a simultaneous review of other components of a project, as required. We will typically make plan check comments directly on the plans with the most significant comments summarized in a memo to you. We will be available to attend project meetings with you to discuss plan check comments with plan designers. 0\ @ ,§ o 8)75}\} / 2 2) § \EnEc) E/y& ae /~ ,\/` X 3 IF I I o f 2 .- » t2J§af6 0 0\(=>_202(§±/} m=)}\//\)0 _ l \ 2 m 3 J \ f J0 » 5[«dy,! _ U. )/{(3:Em c g&,=wmU) §i E f g.]}» _ - 2/=a IWug2 j !\~\f,»§\(\(\\ f f I)etAƒIEaaa-e/c o 0 E. ...... . . . O T 7 Approach to Specific Assignments The following presents our approach/work plan for the typical tasks expected under this on- call. An exact scope of work will be determined once a specific task order has been received. Preliminary Engle ltz Ci H is Background Research, Data Collection, and Field Reviews We will obtain available as -built record drawings, right-of-way maps, and other pertinent information from you and other agencies, as appropriate, such as the County of Orange, (the County) and Caltrans. We will visit the site and conduct a project site inventory to verify and supplement the available as -built drawings and base mapping and to confirm the scope of the project. On street improvement projects, we typically evaluate non-compliant ADA access improvements and identify visible asphalt and concrete deficiencies to be repaired. Utility Research and Coordination We will provide full-service utility coordination, including utility research, determining ownership rights, submitting utility information requests, reviewing and noting utility conflicts (providing potholing and/or ground penetrating radar if required), securing utility permits, and preparing and processing utility relocations. Design Survey and Base Mapping An accurate base map consisting of existing topographic information, street centerlines and right-of-way lines, and utilities will yield the best possible design and reduce the potential for contractor change orders. Our in-house surveyors will perform surveying services to establish the existing topographic, utility and right-of-way base maps within the project limits. These base maps typically include: A mapping base depicting street centerlines, right-of-way lines, parcel lines, and easements. A field topographic survey to document existing site topography and planimetrics An existing utilities base which includes known underground utility lines We can also provide an aerial topographic survey and a color digital orthophoto if required for the project. Geotechnical Investigation We will perform subsurface explorations, soil testing and data analyses of the existing site and use this information to prepare a report of our findings and provide geotechnical recommendations for the task order. Environmental Documents and Permit Compliance Our multidisciplinary environmental team has services ranging from hydrology and water quality to paleontology to noise and air studies. We are organized to be a scalable team that can support larger task orders for full-service California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents, as well as smaller contracts for staff augmentation. We understand the City needs an environmental consultant to review and evaluate existing planning and technical documentation for a variety of projects either already permitted and approved, undergoing environmental review, or in the planning process. Some of these documents may include joint CEQA/NEPA documents in which the City serves as the lead agency per CEQA, and Department of Defense (DoD) or Caltrans serves as the lead agency under NEPA, provided federal funding or permits of projects is involved. As such, we assume that in addition to City staff, the Naval Weapons Station Seal Beach and Caltrans District 12) staff may for certain projects be involved to some degree in oversight and review of documents and associated permits. If Caltrans or DoD are not involved, we would utilize the guidance included in the 2019 CEQA guidelines or templates approved by the City. Gilberto and Michael will identify a task manager to coordinate and lead the environmental documentation which may include: 14 Categorical Exemption/Categorical Exclusion Initial Studies/Environmental Assessments Environmental Impact Report/Environmental Assessment Environmental Impact Reports/Environmental Impact Statements Stantec maintains a full suite of in-house capabilities for the preparation of technical studies and permits including: Visual simulations and viewshed inventories Visual resource management/visual resource inventory Land evaluation and site assessment models Farmland conversion impact rating assessments Biological resources technical reports (Section 10/7, Section 2081) Revegetation and restoration plans Landscape/irrigation plans and specifications Archaeological technical reports Historic American building surveys/historic American engineering records Geotechnical hazard assessments Air quality impact assessments Health risk assessments Traffic impact assessment Coastal Development Permit Jurisdictional determinations and delineations Section 404 and 401) Traffic Studies and Operational Analysis We have vast experience preparing traffic studies and operations analysis for various types of street improvement projects. Our approach to the wide variety of traffic studies and analysis is to conduct thorough background research, data collection, analysis, findings, conclusions, and recommendations for each project. We have a suite of state-of-the-art traffic analysis software for level of service analysis for traffic impact studies and for traffic simulation analysis and traffic signal timing/coordination, including VISSIM, Vistro, TransModeler, and Synchro/ SimTraffic. Our analysis tools also include AutoTurn and several traffic tools for intersection capacity utilization and queuing analysis. Conceptual Roadway Design We will prepare conceptual roadway plans based on the traffic study recommendations. Our roadway engineers will utilize Civil 3D during this preliminary engineering phase to quickly design the proposed roadway geometrics, both horizontally and vertically. Preparing a 3D model of the proposed improvements at this stage allows us to accurately confirm impacts to off site improvements, including any additional right-of-way required, which is critical moving into final design. Utilizing Civil 3D also allows us to study different alternatives efficiently, so that we ultimately select the best available option. The conceptual roadway plans typically also include sight distance triangles and design vehicle requirements. Accompanying the conceptual roadway plans will be the landscape concept plan which will depict a streetscape which is most representative of the improved site. This graphic will be a color illustrative depicting trees, shrubs, ground covers, decorative pavement, boulders and other softscape elements within the area of design. It will include a plant legend that will state the scientific as well as common name of the plants proposed to be used. This will help communicate the design intent and proposed theme of the project to the city staff, stakeholders, and public as necessary. Finally, a preliminary cost estimate will be prepared, so the City can review the cost of the project versus the project budget to determine if any value engineering revisions need to take place. 15 Alternatives and Value Engineering We will provide value engineering analysis and identify design and construction alternatives that may be employed to reduce project costs and minimize conflicts between the proposed improvements, existing site improvements, and utilities. Community Outreach We will provide the necessary services to schedule and conduct public community meetings to present the project. Stantec has extensive experience in CEQA (and NEPA) public outreach and scoping meeting compliance requirements and regularly employs cutting edge community outreach programs and techniques. Our team will work with community groups and present informational materials in the public forums (e.g., workshops, public hearings) to provide the community with a clear description of the project and its temporary impacts and long-term benefits. We are leaders in the use social media platforms for community outreach campaigns and meeting preparation and facilitation. The public increasingly expects and demands that public agencies provide information about projects online and have meetings conducted virtually" so that they may attend from anywhere they may be. Given this, Stantec is fully integrated into the suite of social media platforms, such as Facebook Live, Twitter, and web meetings or through channels such as wikis, Instagram, YouTube, Linkedln, online surveys, voting, and even virtual worlds (modeling) or other digital tools. In this new digital world, engagement requirements and public meeting facilitation must rapidly adapt as content/issues and projects evolve. Stantec is well prepared for this rapidly changing component of public outreach. Right of Way Engineering When right of way, permanent easements or temporary construction easements need to be obtained due to roadway widening or other proposed improvements, we will prepare legal descriptions and exhibits to identify the right of way and easement areas required for project construction. These exhibits show existing property lines and all required right-of-way and easement areas. We provide traverse calculations and tie distances for acquisition areas that cannot be readily tied to a survey or construction centerline. Preliminary title reports can be provided as part of this task, and we can add a specialized subconsultant for appraisal and negotiation services if necessary. Drainage Studies and Analysis Stantec's holistic approach to drainage analysis begins with our assessment of drainage related project impacts. Drainage impacts associated with projects will be evaluated by inventorying the streets, catch basins, and storm drains that presently receive flow from the project -inclusive watersheds. Once identified, an evaluation of flow increases or decreases will be performed for each facility. In the event that flow increases are anticipated, an analysis will be made to determine the magnitude of the increase, and whether or not that increase will be significant with respect to existing facility capacities. At the conclusion of the drainage evaluation, a Drainage Evaluation Memorandum will typically be prepared that documents the findings of the drainage evaluation. Water and Sewer Studies and Network Analysis We understand that your water system consists of approximately 73.4 miles of pipelines, two boost pump stations, two forebay reservoirs, four active wells, one imported water supply connections and emergency connections with four other entities. Your Water Master Plan Update was last completed in July 2012. To perform a water study that requires hydraulic modeling, we would import the existing model into our Innozyve's InfoWater modeling software. We would verify the accuracy of the existing model and make any updates that have not been reflected in the current model. Next, we would make any revisions to the model based on the study area changes so that the distribution system would meet your water system performance evaluation criteria. We understand that your sewer collection system includes approximately 181,000 feet of gravity sewer pipe, and seven lift stations and force mains. The City has seven major drainage areas that all drain to Orange County Sanitation District facilities. Your latest draft Sewer System Master Plan was completed in February 2018. The hydraulic modeling used Innovyze InfoSewer 7.6 platform. To perform a sewer study that required hydraulic modeling, we would import the existing model into our Innozyve's InfoSewer modeling software. We would verify the accuracy of the existing model and make any updates that have not been reflected in the current model. Next we would make any revisions to the model based on the study area changes so that the collection system would meet your sewer system performance evaluation criteria. Final Engineering Roadway Widening and Realignment Improvements Roadway widening and realignment improvements will be designed in accordance with the latest City, County, and Caltrans standard plans and requirements. The plans will depict all roadway improvements required to implement the approved concept plan or scope of work. Pavement improvements will be based on the geotechnical report, design cross sections will be prepared using Civil 3D to confirm the roadway geometrics, and the plans will address any off site improvements required. Roadway Rehabilitation Improvements The goal of any roadway rehabilitation project is to provide the most cost-effective pavement resurfacing option to help ensure that the City is getting the "most bang for its buck' when enhancing and maintaining its infrastructure. We will explore all construction alternatives using innovative techniques such as in-place non-destructive deflection testing and ground penetrating radar. Utilizing these advanced techniques allows us to better value engineer the pavement structural design section by isolating the more distressed areas (which may require full depth pavement repairs) from the less distressed areas (which may only require cold milling and overlays). We can also provide recommendations for more advanced pavement rehabilitation strategies such full depth reclamation (FDR), and will be available to discuss the benefits and drawbacks of each option. In addition to pavement resurfacing, we will diligently review the project site and provide all necessary ADA upgrades to curb ramps; correct local drainage issues; repair damaged curbs, gutters, and sidewalk; adjust utilities to grade; provide tree root pruning; and replace loop detection. Signing and Striping Plans We will adhere to your design criteria and requirements and conduct a thorough research of existing conditions. During our field review we will verify improvements shown on record drawings and to identify noteworthy features such as existing signs, posted speed limits, existing lane widths, and transition tapers. Signing and striping improvements will be designed in accordance with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD). If necessary, existing signs may be replaced or supplemented with new signs to meet current standards. Traffic Signal Plans During our field review, we will thoroughly research existing conditions, including documentation of existing utilities and design constraints near the existing traffic signals. Early identification and resolution of potential utility conflicts and coordination with utility agencies for new electrical services are a critical component of managing these projects and we stress timely and well documented communications. Traffic signal improvements will be designed in compliance with the latest CA MUTCD, and some intersections may be upgraded to video detection as required. Traffic Control Plans We will identify construction staging that allows efficient construction of the project improvements while providing a safe work zone for construction personnel and minimizing impacts to motorists and adjacent properties. The success of many projects is judged from a public/stakeholder perspective as a function of the impacts associated with implementation. We keep this in mind throughout the development of the traffic control/ construction staging plans. Our traffic control plans show all traffic control measures required to implement each construction phase, including all traffic control devices, temporary lane delineation, and construction signing. Our traffic control plans follow the CA MUTCD Manual and Work Area Traffic Control Handbook latest editions. Street /Pedestrian Lighting Plans The existing street lights and pedestrian lights within the project limits may require relocation to accommodate proposed street improvements, and/or additional street or pedestrian lights may be needed to satisfy the City's requirements for adequate lighting. In that case, we will determine the required "luminaire" additions, relocations, conduit, wiring, metering, and verify all service points of connection with the electrical company. These design details will be added to the roadway plans in accordance with your lighting standards. Storm Drain and Pump Station Improvements Upon acceptance of the drainage analysis, design activities will be initiated and either coordinated with the overall project schedule or scheduled independently for projects that are exclusively drainage related. A hydrology and hydraulics report will typically be prepared, and storm drain and pump station improvements will be designed in accordance with the City's or County's design standards and sized to convey the design flow. Water Quality Improvements and Documents Stantec will coordinate with City staff responsible for the National Pollutant Discharge Elimination System (NPDES) compliance and maintenance staff to identify Best Management Practices BMPs) that are acceptable to the City. This coordination will include reviewing project opportunities for the incorporation of permanent BMPs into the design features of the project for the promotion of aesthetics and improvements to water quality. Rain gardens and landscaped bio -treatment cells, for example, are BMPs that fit well into roadway improvements projects. BMPs will also be integrated into the overall flood control management plan for the project to eliminate potential redundancies in storm water conveyance facilities. Upon selection of project BMPs, Stantec will typically prepare a Water Quality Management Plan (WQMP) for the project that will detail water quality considerations and requirements. The WQMP will address the conditions of the City's MS4 Permit as issued by the Regional Water Quality Control Board, Santa Ana Region. To the maximum extent practicable, BMPs will be implemented that are consistent with Low Impact Development (LID) guidelines as well as the Green Streets guidelines as defined by the US Environmental Protection Agency. If necessary, detailed discussions will be provided in the WQMP to document the impracticality of BMP implementations as a part of the project. As the project proceeds into construction, Stantec's in-house Qualified Storm Water Pollution Prevention Plan Developer (QSD) can also prepare a SWPPP for the project to address water quality concerns during construction activities and processes the N01 and all pre -construction filings through the regional board's SMARTS system. During actual construction activities, Stantec is available to provide Qualified Storm Water Pollution Prevention Plan Practitioner (QSP) services, including required inspections, directing BMP placement, and reporting to the RWQCB. Landscape and Irrigation Improvements We will prepare final planting and irrigation plans indicating the planting theme and layout intent, plant legend with plant species and sizes, irrigation point of connection, legend, and methods of irrigation application. A sustainable design will be created by using indigenous and drought resistant materials, where appropriate. The irrigation system will typically include a low- volume delivery system designed to prevent water from leaving the target site while supplying the proper amount for the optimum plant health. Water Improvements Water improvements will be prepared per your City's design criteria and standards. These typically include water pipeline improvements to improve hydraulic capabilities, reliability and/ or service life. For these designs, the potential alignment and construction method opportunities will be thoroughly and effectively investigated. Understanding of the existing conditions and key constraints are critical for a pipeline alternatives study to be effective, while reducing impacts to the community and providing the City with the most cost-efficient project. Key alignment constraints and considerations that will be investigated will include the following: proposed connections to the existing water mains; options for trenchless construction methods; California Department of Public Health CDPH) separation criteria with sewer and recycled water facilities; potential impacts to adjacent pipeline trenches, utility conflicts, and depths of crossings; traffic impacts, driveway access, and other impacts to the community and other activities in the project areas; construction costs; and construction schedule constraints and durations. Water improvements could also include rehabilitations of existing booster pump stations, forebay reservoirs or wells. These rehabilitation projects may require civil, mechanical, structural, electrical, controls, landscape architectural, geotechnical, architectural and/or hydro - geology disciplines. We can provide all of these experts with in-house team members. Sewer Improvements For the design of new or replacement gravity sewers and force mains, the potential issues will be very similar to water pipeline designs described above. However, an added constraint will be the requirement to maintain vertical grades for gravity flow. For the design of sewer lift stations, we believe that it is important to understand the diurnal patterns of the influent, including the minimum, average and peak hour flow rates. This helps us select the most efficient pump and motor for the application, and to properly size the wet well. Proper facility sizing improves energy efficiency and reduces maintenance costs. Specifications Preparation Well-written special provisions reduce the potential for change orders during construction. We will prepare the project provisions based on the City supplied boilerplate which references the latest adopted version of the Standard Specifications for Public Works Construction SSPWC), "Greenbook". Our experienced staff will thoroughly review and modify the City's standard boilerplate and provide additional information or revisions to all relevant sections of the SSPWC to help ensure that the special provisions do not conflict with the improvement plans and convey the design intent of our engineers. Engineer's Opinion of Probable Cost Estimate We understand the importance of a complete and accurate cost estimate. Since the cost estimate will be used as a basis for the bid schedule, it's important to include all required work items and confirm that the quantities for these work items are correct. We will first determine the Bid Schedule required for the project based on a thorough review of the plans and project specifications. Quantities for these items will be calculated and tracked using custom Stantec software, and their unit costs will be determined based on recent bids from local contractors. The cost estimate will be provided with all submittals to provide the City with accurate project costs throughout the duration of the design. Permits We will prepare and submit applications and documents, on behalf of the City, Caltrans, the County, the RWQCB Coastal Commission and any other agencies for design and permit approvals. If necessary, we will prepare the appropriate Authorization -to -Proceed (E-76) package that includes the completed exhibit form and supporting documents to receive federal funding. We have experience supporting agencies preparing request for authorization to proceed packages for submittal to the Caltrans District Local Assistance Office as described in Chapter 3 of the LAPM. This includes authorization to proceed with preliminary engineering and authorization to proceed with right of way and utility relocations. Grant Applications We assist cities and counties to complete and/ or resubmit grant applications to the State of California for various programs, such as the popular Active Transportation Program (ATP), which is a state -administered funding opportunity that awards funds for projects that encourage increased use of active modes of transportation, such as biking and walking. Our local Stantec team has produced 28 ATP grants, 8 Transit and Intercity Rail Capital Program (TIRCP) grants, 1 Transportation Investment Generating Economic Recovery (TIGER) grant, and grants for other transit and TOD related projects. Our most recent round of TIRCP grant applications resulting in an award of over $831 million for LA Metro to advance four transit projects. Our approach to grant writing is centered on communication and collaboration. We regularly meet and communicate with the project sponsors, review application guidelines and evaluation criteria, and study project history and existing project development for all project components. The data we gather helps demonstrate the project's need and benefit. We present compelling cases—need and importance—for each project using creative writing, maps, and graphics to effectively present the required information. The final applications are then submitted to the state for review. We have also experience with other State and Federally funded projects and understand the specific guidelines, roles and responsibilities, and requirements of the Caltrans Local Assistance Procedures Manual (LAPM), Caltrans Construction Manual, and the Federal Highway Administration (FHWA). Bid and Construction Support Bid Support Services We will assist you during the bid phase by attending the pre-bid conference and job walk, responding to requests for clarifications from prospective bidders and issuing addenda to the bid package as necessary. We can also tabulate and verify bids using a spreadsheet and analyze bid results to recommend and award or reject bids. Construction Support Services We will attend the pre -construction conference and interpret and clarify the approved construction documents for project design, design intent, and implementation. We also provide construction support to respond to contractor requests for information (RFI), and review shop drawings and material submittals to make sure they conform the project bid documents. As -Built Plan Preparation After construction is complete, we prepare as - built plans based on information provided by the contractor and/or inspector. We anticipate that this information is provided as a set of project plans red lined to indicate the changes that were made during project construction. 20 Sample Projects Newport Boulevard Widening Provided conceptual planning, final design and Mohammad Heiat Roadway Improvements, City of construction support for street improvements and Jeff Wilkerson Reconfiguration Newport Beach, Newport landscaping enhancements to help the City increase Roger Chung Traffic/Transportation Beach, CA 2012-2016 the capacity of Newport Boulevard between 30th and Keith Rutherfurd Storm Drain Via Lido Streets to accommodate current circulation Greg Sebourn Hydrology/HydraulicsandanticipatedtrafficfromaproposedhotelDaveLewWaterQualityNewconcretebikelaneswereconstructedalongbothJoshParkSurveyingsidesofNewportBoulevardtoprovideaconnection to the existing bike lanes along 32nd Street, we of Landscape/Irrigation it" Newport Boulevard Environmental StructuralIip- Pavement rehabilitation and new ADA compliant curb ramps and driveways were provided. Street Lighting Anew parking lot was constructed to mitigate on- Water Improvements streetarkin lossP9 Permitting Project included preparation of an MND, right -of- Right -of -Way way acquisition, and the processing of a Coastal Development Permit Engineering Long Beach Municipal Urban Provided conceptual planning, and final design for Roger Chung Roadway Stormwater Treatment wetland and treatment plant improvements and Dan Hayes Reconfiguration LB -MUST), City of Long landscaping enhancements that will intercept and Robert Reid Storm Drain Beach, Long Beach, CA 2014 treat dry -weather runoff and a percentage of the first- Greg Sebourn Hydrology/Hydraulics Ongoing flush storm flows prior to discharging to LA River Steve Cook Water Quality The project provides education values to the SurveyingcommunitytolearnaboutwaterqualityandLandscape/ Irrigation 1 sustainability LB -MUST facility is not a traditional solution to water Structural quality treatment, but instead represents a creative Permitting 4 ` and innovative regional approach Right of Way 1 Engineering Anita Street Storm Drain Provided preliminary findings study, conceptual Roger Chung Storm Drain Improvement Project, City of planning, and final design for 2,500 If of storm Dan Hayes Hydrology/Hydraulics Laguna Beach, Laguna Beach, drain pipe along Anita and Seaview Streets and Greg Sebourn Water Quality CA, 2015-2017 approximately 300 If of storm drain along Catalina Keith Rutherfurd Surveying Street The project alignment affected numerous residents Structural Permitting6 and local businesses. Access impacts were successfully mitigated through traffic control and V specification requirements Various agency coordination included water district, SDG&E, coastal commission and Caltrans Irvine Avenue Pavement Prepared the PS&E associated with the design Mohammad Heiat Traffic Engineering & Rehabilitation, City of and construction of pavement rehabilitation Jeff Wilkerson Roadway Design Newport Beach, Newport improvements on Irvine Avenue Roger Chung Roadway Reconfiguration Beach, CA 2017-2018 The Cities needed to rehabilitate damaged pavement Keith Rutherfurd Land Surveying and improve pedestrian and cyclist safety to accomodate schools adjacent to the project limits r repairs and ADA -compliant curb ramps were constructed to provide improved safety to school haSidewalk children and pedestrians An accelerated schedule was required to complete the improvements before the next school year 27 Oso Parkway Roadway Widening Improvements, City of Mission Viejo, Mission Viejo, California, 2015 d1L_ ? . Provided preliminary engineering, final engineering, Mohammad Heiat and construction support services to fix a bottleneck Jeff Wilkerson within a segment of Oso Parkway Keith Rutherfurd Prepared a traffic capacity and operation analysis of Dan Villines widening alternatives and provided recommendations Greg Sebourn Provided structural engineering to modify the existing Dan Hayes box culvert for Oso Creek to increase its length Greg Sebourn and provide a new parapet wall, partial wingwall detectable warning surface, driveway approaches reconstruction with overhang support, 300 feet of Structural Engineering new concrete barrier with decorative stone veneer, Stormwater Quality decorative masonry end pilasters, and a pipe support main, potable water meter adjustments, storm system for the relocated 12 -inch reclaimed water line Landscape/Irrigation Traffic Engineering & Roadway Design Land Surveying Stormwater Quality Engineering Structural Engineering Lakewood 3B & 3C, City of Provided design and construction of street Mohammad Heiat Traffic Engineering & Downey, Downey, Califronia, improvements and enhancements Jeff Wilkerson Roadway Design 2014 Projects included: new raised medians and roadway Keith Rutherfurd Land Surveying way widening, removing and reconstructing concrete Roger Chung Stormwater Quality curb and gutter, ADA accessible ramps with Greg Sebourn Engineeringdetectablewarningsurface, driveway approaches Structural Engineeringandsidewalks, installation of a recycled water Stormwater Quality Street Lightingmain, potable water meter adjustments, storm Landscape/Irrigationdrainfacilities, miscellaneous utility relocations Conducted a minor right-of-way acquisition, resulting and adjustments, masonry sound walls along Recycled Water Main frontage roads, ornamental street and pedestrian Design lighting, landscaping and irrigation, traffic signal Caltrans Coordination modifications, and striping, pavement markings, and Provided survey, design, environmental signage improvements documentation, right-of-way, utilities, pavement and Anaheim South Street Gap Active Transportation Program (ATP) Cycle 1 Sherry Weinmeier Traffic Engineering & Closure, City of Anaheim, Statewide and Small Urban and Rural State funded Susan Reid Roadway Design Anaheim, California, 2016 project to close a sidewalk gap along South Street's Steve Cook Landscape Architecture y south side Jaret Fischer Land Surveying Existing conditions exposed students to safety risks, Stormwater Qualitywithtwoschoolslocatedwithinahalfmileofproject EngineeringConductedaminorright-of-way acquisition, resulting Geotechnical Engineeringina4 -foot -wide, ADA -compliant sidewalk with an 8 -foot parkway and curb and gutter Provided survey, design, environmental documentation, right-of-way, utilities, pavement and soils report, off-site improvements, and construction support Herondo Street/Harbor Drive Gateway Park and Class IV Cycle Tracks, City of Redondo Beach, Redondo Beach, California, 2016 Designed a link from the Hermosa Beach "Strand" to Redondo Beach's Marina District complex Led public workshops and consensus building Prepared final plans for roadway rehabilitation that featured a new separated bikeway and a new Welcome Park on a former parking lot Provided concept drawings, concept visualization, cycle track design, pavement rehabilitation Performed traffic analysis, road diet simulation, and field surveys Sherry Weinmeier Traffic Engineering & Susan Reid Roadway Design Steve Cook Landscape Architecture Land Surveying Stormwater Engineering Wayfinding and City Regulatory Signs Design Project Date Description Team Members Relevant Experience Sanitary Sewer Beach Prepared Preliminary Design Report Robert Reid Roadway Reconfiguration Interceptor Trenchless Performed flow monitoring to determine average and Traffic/Transportation Improvements, South Coast peak existing flows Environmental Water District, California, 2017 Prepared construction plans and specifications for Permitting design of the cured -in-place pipe improvements Hydrology/Hydraulics Provided bid assistance and engineering support Sanitary SewerduringconstructionWaterImprovements Right -of -Way Engineering Performed technical design for new 8mg cast -in-place Robert Reid Hydraulics/ReservoirPeckReservoirandPump Station, Manhattan Beach, concrete reservoir, new 10,000 gpm pump station, and Modeling California a new green -sand treatment system. Water Improvements The new reservoir provides Manhattan Beach with Pump Station and superior water storage capacity to meet peak Reservoir Design conditions and fire flow requirements. Design new pump station to meet a variety of operational and flow conditions. The new treatment system will remove naturally occurring manganese from the water and add chloramines to provide stable residual that matches the MWD water supply. Port of Long Beach Traffic Prepared a stand-alone two-phase traffic control plan Keith Rutherfurd Traffic Control Plans Control Plan, Port of Long set for restriping at the Pico Avenue and 9th Street Josh Park Traffic Signal Design Beach, Long Beach, California, railroad grade crossing 2018 The intersection provides critical access for trucks and requires lane closures on 9th Street, Pico Avenue, the 710 Freeway ramps, and Pier B Street Identified restrictions on work hours, which will only be allowed during weekday night hours Received Caltrans approval for issuance of encroachment permit A current task order includes traffic signal amodification at the Pico Avenue/9th Street/1-710 ramps intersection Lakewood/Rosemead Assisted with design and construction of street Jeff Wilkerson Traffic Engineering & Boulevards at Telegraph improvements and enhancements at the intersection Keith Rutherfurd Roadway Design Road Improvements, City of of Lakewood Boulevard/Rosemead Boulevard Greg Sebourn Landscape Architecture Downey, Downey, California, Involved reconstruction of the intersection with PCC Land Surveying 2016 pavement and widening to ultimate width to include Stormwater Quality additional thru and turn lanes Engineering Widening improvements required additional right- of-way dedication and modification of the existing traffic signal, including providing right turn overlap signal phasing on the northbound and eastbound approaches, as well as other upgrades and relocations Project Name, Client, Date Description Cress Street Sidewalk Provided preliminary and final engineering services Mohammad Heiat Traffic Engineering & Improvements, Laguna Beach, to extend an existing sidewalk on the south side of Carlos Pineda Roadway Design California, 2017 Cress Street in front of Bluebird Park Greg Sebourn Land Surveying Surveyed the site and conducted geotechnical Dan Hayes Stormwater Quality investigation; established street right of way; obtained Engineering j` existing topography; and located existing utilities that Structural EngineeringwereimpactedbyproposedimprovementsPublicOutreach Conducted a community outreach/public workshop meeting; processed design plans through the City; and obtained Design Review Board approval The project involved the design and construction of a retaining wall OC Public Works Plan Check Provided plan checking services related to the Roger Chung Plan Checking Services, Orange County, development of the Rancho Mission Viejo's California, Ongoing Ranch Plan Planned Community, an 8 square -mile development within the grater 176 square -mile San Juan Creek watershed. Plan checking services included the review of hydrology studies for four of the five proposed development planning areas for conformance with the Orange County Hydrology Manual and its addenda Reviewed hydraulic calculations performed in support of proposed master plan facilities, and proposed flood control detention basins. Provided written and red -lined comments at the conclusion of each review; participated in comment review meetings and project proponents; and worked with project proponents to develop a final report. Irvine Ranch Water District Provide on-call plan checking services to Irvine Nahid Neidarbaghi Plan Checking On -Call Plan Check Services, Ranch Water District for submittals received from Irvine, California, 2016 - consultants in various phases of design. Ongoing Projects involve water, reclaimed water, sewer or storm runoff facility improvements. Scope of work includes all technical submittals including, but not limited to, technical memoranda, basis of design calculations and reports, preliminary design reports, design plans, and Project Manuals for projects. To date, we have completed 54 plan check assignments. Burbank On -Call Plan Check Provide on-call plan checking services to the City of Mohammad Heiat Plan Checking Services, Burbank, California, Burbank for public and private improvements. Keith Rutherfurd Hydrology and Hydraulic Ongoing Services include the plan check of hydrology and Roger Chung hydraulic improvements related to commercial developments, Caltrans freeway improvements within the city, and public storm drain improvements as required of private developments. Comments are issued in writing to City staff and are back -checked to verify appropriate incorporation. Project Controls All assignments will be diligently managed on a day to day basis to keep on schedule and within budget. We will establish and maintain project control by utilizing strong communications and documentation. ISO 9001 is an internationally recognized standard for quality management— Stantec is ISO 9001 Certified. We have developed an internal Stantec Quality Management System SQMS) that documents all work practices required on a project to conform to the ISO 9001 standard. The foundation of the SQMS is the Project Management Frameworks tool (PM Frameworks). This tool is readily accessible to our staff; provides the essential guidelines, templates, and training for effective project management; and its use is audited on a regular basis. The PM Frameworks is organized into four major phases of work—initiate, plan, control, and closeout. It identifies 10 primary activities that must occur on each project. Many activities occur on a regular basis throughout the project to properly manage budget and schedule, as well as to verify the quality of the construction documents meet industry standards and client expectations. Additional tasks beyond the 10 primary activities are added as needed to address the unique elements associated with individual projects. Project Communicatior Throughout the duration of each project, we will communicate our progress, assumptions, opportunities, and challenges with the City. Project communication will be via meetings, conference calls, and emails. Documenting assumptions made and direction given during the design process is important to confirm that everyone agrees on what was discussed. We will meticulously prepare and distribute meeting minutes and records of discussion, and allow the City and other attendees a chance to review and comment on these before proceeding further on the design or other project tasks. An action item list and a status of project deliverables will be updated on an ongoing basis and be made available for each progress meeting. Prepare a proposal that includes a preliminary Project Plan including scope, project budget, resources, deliverables, 1 and schedule. Conduct and document an independent review of the final proposal. Conduct and document a hazard assessment and apply applicable controls if a field or site visit is required during the proposal phase. 2 3 Obtain written instructions to proceed and execute an approved contract. Obtain written subconsultant agreements if applicable). Prepare a Project Plan to an appropriate level of detail. Conduct and document an independent review. Establish hard copy and electronic project record directories and file project records accordingly. Complete a Health, Safety and Environment risk management assessment and documentation for all projects involving field work. Monitor the PM Dashboard on a regular basis. Follow best practices for managing project financials, including time charges, work in progress (WIP), accounts receivable (AR), and estimates to complete (ETC). 9 Obtain the client's written approval on scope of service changes in a timely manner. Conduct and document a quality review of all final* deliverables prior to issue. Conduct and document an independent review of all final* deliverables prior to issue. Close off the project financials and close out the project files. Final: A final deliverable is defined as any record (written or graphic) based on professional expertise or judgment that is intended to be relied only by others and that provides direction to others as part of a service to the public (e.g., professional reports, documentation issued for construction, permit submissions, and maps). 25 As your dedicated point of contact, our task manager will respond to all standard project requests within 24 hours. However, in the event of a project emergency or an urgent request, he will be available via cell phone 24/7. Project Plan A detailed project plan will be developed for each project prior to starting any activities. The purpose of the project plan is to document activities ahead of time, so the entire design team is clear on what is expected from them as part of this project. The project plan will include the following: Clearly define the overall project objectives and goals Identity the discipline leads and quality control reviewer(s) Describe the specific scope of work and budget for each task List the specific project deliverables Provide a detailed project schedule Document all safety procedures to be used while in the field The project plan will be developed shortly after the kick off meeting and communicated to the project team. It will be updated and re -issued if substantial changes are made in scope, budget, or schedule. Cost Control Svstem We have a computerized accounting system that maintains detailed records by individual tasks, and allows tasks to be monitored against established budgets. Our task manager will receive regular reports to track project status. The system is completely integrated and easily audited. Supporting data can be provided to you in any format required. Schedule Control To maintain schedule, we: Obtain a strong understanding of the required project tasks and processes Commit the appropriate number of qualified and available staff Prepare a thorough and realistic project schedule Monitor the project schedule on a regular basis Make corrective adjustments to the work process Communicate often and early with you Our task manager utilizes the project schedule to identify and proactively plan upcoming activities, and to monitor the work progress. He confirms critical information is flowing as needed to maintain the project schedule and will develop alternative work plans if needed to maintain schedule. Our professionals use state -of the -art tools to perform and manage design projects. In the event that a project is delayed, we can immediately draw upon our extensive pool of resources company -wide to bring the project back on schedule. Mohammad and our task manager will meet to establish a strategy to complete the project by a date agreed by you. We will then prepare a detailed schedule to share with you and the other team members. Quality Control Plan A comprehensive quality control plan will be developed specifically, for each project. The quality control plan will emphasize the need to clearly define requirements and standards, and the need to independently check all work before it is issued to you or other reviewing agencies. Sherry will oversee the quality control program and will audit the quality activities to see that all checks are completed properly. Our quality control program will help ensure that the project documents: Conform with the contract documents and scope of work Are neat, well organized, clear, concise, and complete Are technically and grammatically correct Comply with generally accepted standards of engineering and applicable laws Are signed, dated, and stamped as required Are consistent with other related plans Engineering Software Programs We hold an enviable record, both for managing and innovating technology. Our professionals use state of the art tools to perform and manage design projects. Our projects are organized around a team concept, where all members have access 261 to a common set of project data and software. Our computer capabilities are employed to produce information customized for the individual needs of our clients and their projects, in differing formats. Our documents are produced on PC- based systems, and some of the software we use in our traffic engineering department includes: AutoCAD/Civil 3D AutoTURN Microsoft Office (Word, Excel, and Outlook) Microsoft Project Synchro/Simtraffic Vistro Highway Capacity Software Sustainable Design Stantec is committed to sustainable design, making it a core part of our professional practice by providing environmentally sensitive solutions to our client's projects. Recognizing environmental impacts, we provide mitigating designs that will reduce the negative impact without substantially increasing the bottom line. Our LEED and Envision accredited professionals on staff support sustainable design practices through the following services: Preparing design for alternative transportation and parking facilities Using recycled content materials or salvaged materials for pavement value engineering alternatives Preparing BMPs Providing LIDs Preparing SWPPPs Preparing WQMPs Preparing site designs to meet public access requirements and maximize open space Optimizing energy performance Temporary and Permanent File Transfer Platforms We utilize OneDrive to temporarily share project and plan checking related documents to users outside our organization. This cloud -based storage solution provides a secure platform to exchange files by only allowing access to the individuals granted permission. Access is typically sent via a link in an email. We utilize Office 365 Groups if a more permanent shared workspace is required for project emails, files, and calendar events. A typical Group includes a project mailbox, a SharePoint site, and a Group calendar. Every member of the Group has access to these files. F7 References Members City of Newport Andy Tran, Senior Civil Engineer Newport Boulevard Widening Mohammad Heiat Beach 100 Civic Center Drive Improvements Jeff Wilkerson 2012 - Present Newport Beach, CA 92660 Irvine Avenue Pavement Rehabilitation Roger Chung 949) 644-3315 Project Keith Rutherfurd atran@city.newport-beach.ca.us West Coast Highway and Superior Greg Sebourn Avenue / Balboa Boulevard Intersection Concept Plan Jamboree Road Widening Improvements City of Downey Edwin Norris, Deputy Director of Lakewood Boulevard Improvements, Mohammad Heiat 2011 - Present Public Works 3B & 3C Keith Rutherfurd 11111 Brookshire Ave Paramount Boulevard Median Island Roger Chung Downey, CA 90241 Improvements Greg Sebourn 562) 904-7110 Lakewood/Rosemead Boulevard Jeff Wlkerson enorris@downeyca.org and Telegraph Road Intersection Improvements Various Pavement Rehabilitation Projects Gardendale Street Pavement Rehabilitation Brookshire Road Pavement Rehabilitation City of Laguna Mark Trestik, City Engineer Cress Street Sidewalk Extension in Mohammad Heiat Beach 505 Forest Avenue Front of Bluebird Park Keith Rutherfurd 2016 - Present Laguna Beach, CA 92651 Design and Construction Engineering Roger Chung 949) 497-0300 Services for Queda Way Retaining Dan Hayes mtrestik@lagunabeachcity.net Wall (CIP 434) Greg Sebourn Park Avenue Pedestrian Plaza Steve Cook Carlos Pineda City of Mission Richard Schlesinger, City Engineer Oso Parkway Roadway Widening Mohammad Heiat Viejo 200 Civic Center Improvements Jeff Wilkerson 2006 - Present Mission Viejo CA 92619 Oso Parkway at 1-5 On -Ramp Keith Rutherfurd 949) 470-3079 Dan Hayes rschlesinger@cityofmissionviejo. Greg Sebourn org City of Redondo Brad Lindahl, Capital Projects Herondo Street/Harbor Drive Gateway Sherry Weinmeier Beach Program Manager Park and Cycle Track Susan Reid 2014-2016 415 Diamond Street Steve Cook Redondo Beach, California 90277 310) 318-0661 ext. 2286 brad.Iindahl@redondo.org Irvine Ranch Kelly Lew, Principal Engineer, Irvine Ranch Water District Nahid Heidarbaghi Water District 15600 Sand Canyon Avenue, On -Call Check Services 2016-2019 Irvine, CA 92619 949) 453-5300 lew@irwd.com Exceptions to Contract We have reviewed your proposed RFP/contract terms and believe that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with you. DIR Registration Registration Number: 1000008020 County: San Luis Obispo City: San Luis Obispo License Type/Number: CSLB: 952595, SRVY: 6697 Current Status: Active Registration Date: 06/06/2018 Expiration Date: 06/30/2019 99 ewe w Appendix A Resu mes Profile Mohammad has more than 38 years of professional civil and transportation engineering experience, including extensive on-call service experience with local cities in Southern California. His extensive capital improvement experience includes street rehabilitation and reconstruction, street widening, intersection widening, storm drainage, and water and sewer design improvements. He has a strong understanding of Caltrans manuals and policies, State Standard Plans and Specifications, CDBG Programs, Federal requirements, and the Greenbook Standard Specifications for Public Works Construction. Select Relevant Projects Lakewood Boulevard Improvements, Phases 3B and 3C, Downey, CA (Principal-in-Charge/QC Supervisor) Mohammad oversaw the design and construction of street improvements and enhancements along Lakewood Boulevard. The project will construct new raised medians, including new landscaping and irrigation improvements, as well as widen the roadway. The improved roadway will provide a 14 -foot median and three continuous through lanes in each direction throughout the project limits. Within the Phase 3C segment, between the 1-5 southbound and northbound on -ramps, a northbound auxiliary lane may also be provided. Other improvements included removal and reconstruction of concrete curb and gutter, ADA accessible ramps with detectable warning surface, driveway approaches and sidewalks; installation of a recycled water main, potable water meter adjustments, storm drain facilities, miscellaneous utility relocations and adjustments; masonry sound walls along frontage roads; ornamental street and pedestrian lighting; street parkway trees; traffic signal modification, and striping, pavement markings, and signage improvements. Implementation of the project is anticipated to require partial right-of-way acquisition from 19 properties within the project limits. Cerritos Recycled Water Pipeline Extension Principal in Charge, Quality Control Supervisor) Principal in Charge, Quality Control Supervisor for project management, surveying, mapping, and civil engineering design services to extend the City's reclaimed water line network into the Forest Lawn facility located in the City of Cypress. The City of Cerritos intends to provide reclaimed water service to the Forest Lawn Memorial Park facility in Cypress. The project involves extending an existing 16 -in recycled water pipeline to the Forest Lawn Memorial -Park property. The pipeline starts in the City of Cerritos, travels through City of Lakewood and ends in City of Cypress. Project features include construction of approximately 6,770 LF of 16 -in PVC RW pipeline, to a meter at the Forest Lawn Memorial Park, Cypress property on Crescent Avenue, crossing of the Moody Creek crossing of Coyote Creek, construction in the cities of Cerritos and Lakewood, and Cypress. Services provided include horizontal and vertical control, right-of- way/centerline determination, photogrammetric control, and aerial mapping. Horizonal and vertical control and topographic maps will be used in the construction drawings for the proposed facilities and to facilitate preparation of detailed plans. Design services include utility research and coordination, preparation of construction drawings, preparation of construction bid documents including technical specifications and standard drawings and permit conditions, potholing, geotechnical investigation, preparation of traffic control plans and bid and construction support services. Newport Boulevard Widening Improvements, Newport Beach, CA (Principal-in-Charge/QC Supervisor) Mohammad oversaw engineering design services for widening improvements along Newport Boulevard. The improvements provided one additional northbound thru lane and one additional southbound thru lane. The 32nd Street intersection is being modified to improve roadway geometrics and level of service. A portion of the Project is within State jurisdiction and required coordinating and obtaining approval of traffic control plans and improvements related to state right of way with Caltrans. The widening improvements also required new right of way from portions of three privately -owned parcels and one public parcel (City Hall). A right-of-way map, legal descriptions and plot plans were prepared. Oso Parkway Roadway Widening, Mission Viejo, CA (Principal-in-Charge/QC Supervisor) Mohammad oversaw preparation of preliminary and final design plans for widening improvements on Oso Parkway. A traffic capacity and operation analysis was prepared for widening alternatives and the recommendation was to add one lane in each direction on Oso Parkway and modify the signals at County Club and Montanoso Drives. The widening improvements required the acquisition of additional right of way on both sides of the street and relocation of several utilities along the existing sidewalks. The box culvert for Oso Creek is being lengthened to accommodate the new lanes in each direction. Irvine Avenue Pavement Rehabilitation, Newport Beach and Costa Mesa, CA (Principal-in-Charge/QC Supervisor) Mohammad oversaw the engineering design for pavement rehabilitation and pedestrian and cyclist safety improvements along Irvine Avenue. Mariners Elementary School is located within the project limits and Newport Harbor High School is adjacent to the project limits. Sidewalk repairs and ADA -compliant curb ramps were constructed to provide improved safety to school children and pedestrians. An accelerated schedule was required to help ensure the improvements are completed before the next school year. Cliff Drive, Beach Street and Legion Street, Laguna Beach, California (Principal An- Charge) Oversaw engineering design for traffic circulation and parking improvements. Project converted Cliff Drive from on -way westbound traffic only and provided new angled on -street metered parking spaces; reconstructed an existing raised median island at Broadway Street to eliminate eastbound egress and to accommodate the proposed on -street angled parked; restriped Beach Street for southbound traffic only; provided an additional left -turn lane onto South Coast Highway from Legion Street and relocated the existing crosswalk across South Coast Highway from the east leg to west leg; and involved removal and construction of a new access ramp and pedestrian barricades, and traffic signal modifications. Bonito Canyon Park and Vista Bahia Park Restroom Replacement Civil Site Design, San Clemente, California Principal in Charge, Quality Control Supervisor) Oversaw civil site design, including precise grading, for replacement of restrooms at Bonito Canyon Park and Vista Bahia Park involved the removal of existing concrete walkways and the construction of an ADA path of travel from the parking lots to the restroom facilities. Profile Jeff has more than 19 years of civil engineering experience working for both public and private clients, with an emphasis on city transportation projects. He has been responsible for the project management, conceptual level design, and delivery of final PS&Es for projects with a wide range of size and scope. Jeff is known for his hands-on design skills, organizational abilities, and delivering projects on schedule and under budget. Jeff is an expert in AutoCAD and Civil 3D and leverages this knowledge to create innovative and efficient solutions to complex engineering problems. Select Relevant Projects Lakewood Boulevard Improvements, Phases 3B and 3C, Downey, CA (Civil Lead) Jeff led civil design and construction of street improvements and enhancements along Lakewood Boulevard from Florence Avenue to Telegraph Road. The project included construction of new raised medians with landscaping, irrigation improvements, and roadway widening. Other improvements included removal and reconstruction of concrete curb and gutter, ADA accessible ramps with detectable warning surface, driveway approaches and sidewalks, installation of a recycled water main, potable water meter adjustments, storm drain facilities, miscellaneous utility relocations and adjustments, ornamental street and pedestrian lighting, street parkway trees, traffic signal modifications, striping, pavement markings, and signage improvements. The Phase 3C segment was within Caltrans right of way, so an encroachment permit was processed. Newport Boulevard Widening Improvements, Newport Beach, CA (Project Manager) Jeff managed comprehensive professional services associated with the conceptual planning, final design, and construction of street improvements and landscaping enhancements along Newport Boulevard. The project included roadway widening and median improvements along Newport Boulevard to add an additional northbound through lane between 30th Street to 32nd Street and an additional southbound through lane between Via Lido to 32nd Street. Concrete bike lanes were constructed along both sides of Newport Boulevard to provide a connection to the existing bike lanes along 32nd Street, west of Newport Boulevard. The project also constructed a new public parking lot, which required the demolition of an existing building. This new public parking lot replaced the curbside public parking spaces lost due to the new roadway improvements. The project enhanced the visual quality of the project area with new landscaping and other decorative features and improved safety by introducing raised landscape medians on Newport Boulevard. Other tasks included the preparation of an IS/MND, coordination with public utility companies for utility relocations and the processing a Coastal Development Permit. Gardendale Street Pavement Rehabilitation, Downey, CA (Civil Lead) Jeff helped prepare the PS&E for pavement rehabilitation improvements on Gardendale Street. The project also included reconstruction/ rehabilitation of damaged curb and gutter, cross gutters, sidewalks, ADA accessible ramps with detectable warning surface, restoration of traffic signal loops, utilities, and potable water meter adjustments. Oso Parkway Roadway Widening Improvements, Mission Viejo, CA (Civil Lead) Jeff provided civil design for the preliminary and final engineering services for the widening and pavement rehabilitation improvements along Oso Parkway. Oso Parkway was widened and the existing medians were reconfigured to accommodate an additional travel lane in each direction. The widening and pavement rehabilitation improvements required acquiring additional right of way on both sides of the street and the relocation of several major utilities along the existing sidewalks. The box culvert at Oso Creek was widened and new retaining walls were required to accommodate the new lanes in each direction. The existing pavement not impacted by the widening was cold milled and overlaid asphalt rubberized hot mix (ARHM), full depth pavement repairs were made to correct local pavement failures, and ADA compliant curb ramps and driveways were constructed throughout the project limits. The project included traffic control plans and the preparation and processing of an encroachment permit and fact sheet with Caltrans District 12 for work on the 1-5 on and off ramps inside the state right of way. Bid and construction support services were also provided. Irvine Avenue Pavement Rehabilitation, Costa Mesa and Newport Beach, CA (Project Manager) Jeff managed the engineering design services for pavement rehabilitation and pedestrian and cyclist safety improvements along Irvine Avenue. Mariners Elementary School is located within the project limits and Newport Harbor High School is adjacent to the project limits. Sidewalk repairs and ADA -compliant curb ramps were constructed to provide improved safety to school children and pedestrians. An accelerated schedule was required to deliver improvements before the next school year. As part of this project, a buffer between the bike lane and the travel lane will be added to increase the road's safety. To mitigate the existing abrupt grade breaks at median noses and steep existing cross slopes and to improve drainage and driver comfort, longitudinal grade break and crown lines were adjusted by providing additional leveling course pavement. Fairview Road and Wilson Street Intersection Improvements, Costa Mesa, CA (Project Manager) Jeff managed the engineering design for the roadway improvements along Wilson Street. The project involved widening both sides of Wilson Street to provide additional through lanes in both directions. Services included conceptual planning, final PS&E and right-of-way mapping. The scope included new asphalt pavement, curb and gutter, sidewalk, driveways, a bus turnout, ADA compliant curb ramps, drainage improvements, utility relocations, private property improvements, signing and striping, and a traffic signal modification. Construction bid documents and an engineer's estimate were also prepared. Finally, legal descriptions, plats, and a programming cost estimate were prepared for the parcels where right-of-way acquisition that was required for the project improvements. Profile Sherry has provided civil engineering and design services for public and private infrastructure projects for the past 34 years. Her design experience includes concept level infrastructure design through final design services for large- scale master planned communities and major transportation facilities. Sherry has been responsible for the budgeting, scheduling, staffing, and delivery of final plans, specifications, and estimates for a wide range of projects in size and scope. Her understanding of the detail, as well as the owner goals has resulted in overwhelming success of project delivery on time and on budget. Select Relevant Project - Laguna Beach Engineering Services for Pedestrian Pathway Projects, Laguna Beach, CA (Principal -in -Charge) Sherry managed the civil engineering, landscape design, and PS&E preparation for the Top of the World pedestrian pathway and new pathway along Laguna Canyon Road, from the College of Art and Design to the City's Act V Parking Lot. The Project consisted of right-of-way mapping, grading and drainage plans, natural style retaining walls, vegetation inventories and landscape plans, CEQA compliance studies, surveys, and reporting, County coordination and project approvals. Herondo Street/Harbor Drive Gateway Park and Cycle Track, Redondo Beach, California Civil Engineering Task Manager) Sherry was the civil engineering task manager for developing plans for proposed bicycle friendly facilities along two important roadways within Redondo Beach's Marina district. This project included several innovative alternatives. Concept drawings and final plans were prepared for the favored alternative, which included a Class IV separated cycle track and City Welcome Park while increasing parking capacity within the coastal zone. The project included traffic analysis and simulation of the road diet and roundabout, conceptual visualization, field survey and aerial topography, civil design of the cycle track, drainage facilities, landscape and site furnishings, and related signing and striping plans. Safe Routes to School Projects, Santa Monica, CA (Civil Engineering Quality Control) Sherry reviewed and provided design direction for the civil engineering elements to increase safety for students, pedestrians and bicyclists for the Cities Santa Monica High School and Berkeley Street Improvement projects. Projects included new striped bike lanes, curb extensions, and intersection improvements. We provided alignment studies and final PS&E's. Camino Del Rio Traffic Calming and Round -About Improvements, San Clemente, CA (Quality Control) Sherry reviewed and provided design direction for the civil engineering elements to implement traffic calming elements and improve safety for all modes of travel. We provide an alternatives analysis, community outreach support, project report, and final engineering design for this 1 -mile project that extended from Camino De Los Mares to Camino Del Vistazo. The project design included new striped bike lanes, curb extensions, two round -about design, ADA and drainage improvements. 17th Street Separated Bikeway and Michigan Avenue Greenway Project, Santa Monica, CA (Project Manager) Sherry is overseeing the engineering design, site surveys, landscape design elements, and project approvals for this nearly 1 -mile safety improvement project to improve mobility for all modes of travel, including bicyclists, pedestrians and vehicles within the City. The project extends from Pico Boulevard at Santa Monica City College to Santa Monica Boulevard, making an improved connection at the new Metro Expo Station at Colorado Avenue. The project includes new Class IV and Class I bike lanes, curb extensions, drainage, utilities, traffic, lighting, intersection and landscape improvements. New landscaped round -abouts will be constructed along the Michigan Avenue Greenway. We are providing full A-E services for the final design and construction documents PS&E's) and project approvals. Coordination and approvals through LA Metro, the Public Utilities Commission, and Caltrans are also being provided. Santa Ana Boulevard and 5th Street Cycle Track, Santa Ana, California (Project Manager) Sherry managed the preliminary design and precise geometrics for this 2.4 -mile separated bikeway in the City. She managed concept refinements and precise alignment studies for the protected bike lanes utilizing raised medians, landscape improvements, bulb -outs at designated intersections, and traffic signal modifications. The design will complete a one- way cycle track in each direction along Santa Ana Boulevard, 5th Street, and 6th Street connecting the Santa Ana Regional Transportation Center to the downtown civic center area. The total project length is approximately 2 miles of one-way cycle track and 0.4 miles of two-way cycle track. Aliso Creek Regional Bikeway Trail Restoration, Orange County, California (Project Manager) Sherry provided professional engineering services for a portion of the 15 -mile trail extends from the Orange County foothills to Laguna Beach. Her responsibilities included the environmental surveys and permitting, base mapping, civil and geotechnical engineering, and flood channel and feasibility analysis for embankment repair and protection of the popular bike trail and open space adjacent to the naturally flowing Aliso Creek. She studied and proposed repairs along the reach from Caltrans 1-5 to Paseo De Valencia, a distance of approximately 0.6 miles. San Diego Creek Channel Bike Trail Relocation, Irvine, California (Project Manager) Sherry provided engineering services for restoring a 1.2 -mile segment of the San Diego Creek Channel, which is currently owned and maintained by the City of Irvine. Paved bicycle and hiking trails border the channel. Her scope of work includes improvements to relocate the bike trail at Alton Parkway along the Canon USA property within the channel right of way. Channel structural improvements were designed to replace eroded and damaged areas of the channel including rip rap structures, grade control structures, and eroded soil cement ramps and slopes. The trail relocation includes grading, asphalt paving, fencing, ADA improvements, signage, striping improvements, and minor landscaping. Sherry prepared a detailed right of way mapping base to define the existing right of way and any new easements early in the design so the City could secure timely right of way acquisition. Profile Roger has 20 years of civil engineering experience with expertise in hydrology, hydraulic, and structural analysis for drainage studies, drainage master plans, and design PS&Es for water supply and flood control facilities. He has been involved in the hydraulic analysis and design of numerous water recharge and flood control projects in Orange County. Select Relevant Projects Lakewood/Rosemead Boulevard at Telegraph Road Improvements, Downey, CA Drainage and Water Quality Manager) Roger provided drainage and water quality services for the design and construct street improvements and enhancements at the Lakewood Boulevard/ Rosemead Boulevard intersection with Telegraph Road. This project was funded by the Truck Impacted Intersection Program Phase 2 through the Gateway Cities COG and Measure R funds as part of the 1-605 Congestion Hot Spots Study. It was a joint effort between the cities of Downey and Pico Rivera combining the two funding sources and completing the improvement of this intersection as one comprehensive project. This project reconstructed the intersection with PCC pavement and widening to ultimate width to include additional through and turn lanes. The scope of work was to rehabilitate the roadway pavement and provide capacity - enhancing improvements. The pavement rehabilitation will involve complete pavement reconstruction utilizing PCC pavement for the intersection and all approaches in all directions. Newport Boulevard and 32rd Street Modifications, Newport Beach, CA (Drainage and Water Quality Manager) Roger provided comprehensive professional drainage and water quality services associated with the conceptual planning, final design and construction of street improvements and landscaping enhancements along Newport Boulevard from 30th Street to Via Lido. The project included roadway widening and median improvements along Newport Boulevard to add an additional northbound through lane between 30th Street to 32nd Street and an additional southbound through lane between Via Lido to 32nd Street. Concrete bike lanes were constructed along both sides of Newport Boulevard to provide a connection to the existing bike lanes along 32nd Street, west of Newport Boulevard. The project also constructed of a new public parking lot on the northwest corner of the Newport Boulevard and 32nd Street intersection, which required the demolition of an existing building. This new public parking lot replaced the curbside public parking spaces lost due to the new roadway improvements. University of California, Irvine (UCI) Drainage Master Plan*, Irvine, CA (Drainage Task Manager) Roger managed development of a comprehensive storm drain and water quality master plan for UCI Campus. The work included performing hydrologic, hydraulics and water quality studies for the entire storm drain system, identifying system deficiencies, development of a plan for system upgrade, development of a plan for implementation of Best Management Practices, estimate of system upgrade costs and preparation of a report summarizing the results. Fullerton Road Grade Separation*, Industry, CA (Task Manager) Roger prepared plans, reports and supporting technical studies for the storm drain and water quality portions of this $140 million grade separation project that will lower Fullerton Road under the existing Union Pacific Railroad tracks in the City of Industry, and unincorporated area of Los Angeles County, between Rowland Street and State Route 60. Plans call for constructing a six -lane roadway underpass on Fullerton Road with retaining walls and a new railroad bridge. Penmar Lane Drainage Improvements*, Pomona, CA (Project Manager) Roger managed preparation of the PS&E and environmental documents; and provide right- of-way services and as -needed construction management services for drainage improvements along Penmar Lane (Palomares Street to Eleanor Street). Improvement plans will include construction of a drainage conveyance system and pavement rehabilitation, details for private driveway and sidewalk repairs requiring reconstruction, off-site improvements and slope grading beyond right of way, and intersection grid details. The plans will include erosion denotes projects completed at other firms control and storm water pollution prevention BMPs in accordance with City requirements to safeguard water quality during construction. Rosecrans Avenue Grade Separation, Santa Fe Springs, CA (Task Manager) Roger managed the preparation of plans, reports and supporting technical studies for the storm drain and water quality portions of a multi- million dollar grade separation project that will elevate Rosecrans Avenue over the existing railroad tracks in the City of Santa Fe Springs, California. Specific tasks include the development of an integrated drainage and Standard Urban Stormwater Mitigation Plan (SUSMP), the design of storm water conveyances, and the design of Low Impact Development (LID) Best Management Practices (BMPs). Plans for the project call for the construction of a roadway overpass for Rosecrans Avenue with connecting retaining walls. Existing street intersections that tie to Rosecrans Avenue will also be reconfigured as a part of the overall project. Tustin Avenue and Rose Drive Grade Separation Project*, Orange County, CA (Drainage Task Manager) Roger managed the preparation of plans, reports and supporting technical studies for the storm drain and water quality portions of OCTA's Tustin Avenue Grade Separation project. Services included the completion of the plans for a 65% level submittal, a draft 100% level submittal, and a final 100% level submittal; incorporation of the Tustin/Rose Grade Separation Quality Management System Manual (QMS Manual) procedures, and the incorporation of OCTA's comments at 65% and draft 100% level submittals; and processing of the plans and their supporting studies with the Orange County Flood Control District (OCFCD) for the portion of the Project that would impact the existing Atwood Channel that is owned by OCFCD. Profile Robert brings 30 years of diversified experience in water resources engineering and consulting for the private and public sectors. He has managed all phases of water resource projects, including conceptual planning, feasibility studies, facility design, and construction management; evaluated numerous water distribution and wastewater collection systems; and developed facility plans to meet projected future needs. These plans have involved major infrastructure projects related to water transmission, treatment and storage facilities, and wastewater collection facilities. Robert's extensive technical expertise includes preparing preliminary and final designs, as well as providing construction management services for water distribution and wastewater collection facilities. Calori Onlovant Drninrtc Lincoln Avenue 16 -inch Water Main, Anaheim, CA (Principal -in -Charge) Robert oversaw the design of 4,500 If of new 16 -inch ductile iron pipe (DIP) in Lincoln Avenue between Beach Boulevard and 1,250 If east of Dale Avenue. The project also required installation of a water main lateral in Beach Boulevard to the south to join the City's existing water mains. Robert's effective coordination with the City and project manager verified completion within the expedited schedule and budget. Katella Smart Street, Domestic Water Main Relocation, Phase 2, Anaheim, CA (Project Manager) Robert managed the preparation of the preliminary design report and final design plans for replacing approximately 2,100 If of an existing 6 -inch diameter asbestos cement pipe and 2,100 If of a 12 -inch diameter cast iron pipe with a single 12 -inch diameter ductile iron pipe. These domestic water improvements were a part of the overall infrastructure improvements to transform Katella Avenue, which is a central arterial access, into a "Smart Street" All existing laterals and services were reconnected to the new 12 -inch water main. This project included extensive utility research and was bundled with additional street and storm drain improvements. YLWD 2010 Waterline Replacements and Pressure Reducing Stations*, Yorba Linda/ Anaheim/Placentia, CA (Project Manager) Robert managed preliminary and final design, and construction support services to replace seven pipeline segments and one pressure reducing station and install one new pressure reducing station. The pipeline replacements required many connections to existing pipelines, laterals, services, fire hydrants, and other appurtenances. The project included 3,000 If of 12 -inch pipeline along Plumosa Drive from Lemon Drive to Bastanchury Road; 1,280 If of 8 -inch pipeline along Tamarisk Drive, Fircrest Drive and Pebble Beach Lane; 400 If of 8 -inch pipeline between Sunwood Lane in Anaheim and Peppertree Lane in Yorba Linda; 140 If of 16 -inch pipeline Hidden Hills Booster Pump Station discharge pipeline; 220 If of 12 -inch pipeline within a narrow access road between Catalina Court and Joel Brattain Drive; 300 If of 8 -inch pipeline within an easement south of Gordon Lane and east of Ohio Street; 1,400 If of 12 -inch pipeline along Richfield Road in Placentia from YLWD Well 5 to 100 feet north of Orange County Flood Control District Channel; replaced the pressure reducing station southeast of the intersection of Kellogg Drive and Cresthill Drive; installed a pressure reducing station at the terminus of Sunwood Land; and removed the existing buried vault. Sand Canyon Avenue Capital Pipelines, Irvine, CA (Project Manager) Robert managed the preparation of the construction drawings and technical specifications and the providing of construction management services for the capital pipelines installed in Sand Canyon Avenue between Interstate 5 and Portola Parkway. The project involved the installation of 4,000 If of 12 -inch domestic water PVC pipe, 8,575 If of 12 -inch recycled water PVC pipe, and 16 -inch cement mortar lined and coated steel pipe, 6,870 If of 18 - inch C905 PVC sewer, and other associated work. denotes projects completed at other firms The effort also included potholing existing utilities, coordinating and processing permits through the City of Irvine, coordinating with adjacent development, and preparing cost estimates. Jeffrey Road Recycled Water Pipeline and Trunk Sewer, Irvine, CA (Project Manager) Robert managed the engineering services for the project that extended from Irvine Center Drive to Trabuco Road. The trunk sewer and recycled water pipeline project encompassed 9,000 If of each pipeline, including crossing the Metrolink railroad tracks and the 1-5 right of ways. Additionally, various water and sewer facilities associated with the grade separation construction project were relocated. The scope of services included the preparation of a preliminary design report; evaluating environmental concerns and identifying necessary measures to mitigate impacts of the construction; performing necessary geotechnical investigations; obtaining permits; and the preparation of construction plans and technical specifications. This project included close coordination with Caltrans and the City of Irvine. Replacement of 42 -inch Westminster Avenue Force Main, Seal Beach and Westminster, CA Project Manager/Project Engineer) Robert designed 14,300 If of 42 -inch ceramic epoxy -lined ductile iron force main along an arterial road in the cities of Westminster and Seal Beach. The scope included installing steel pipeline over the Bolsa Chica Channel, refurbishing a personnel platform, constructing a junction structure, and rebuilding another junction structure. After completing the alignment study, it was determined that there were significant utility crossings to pothole. Robert oversaw the preparation of traffic detour plans that were approved by the cities. Phased construction was planned to allow the existing force main to remain operational. Robert also coordinated with the U.S. Navy; Orange County Environmental Management Agency; State of California, Division of Industrial Relations, Occupational Safety and Health, Mining and Tunneling Unit; State of California, Department of Health Services, Drinking Water Field Operations Branch; and California Coastal Commission. Profile Steve's more than 27 years of combined experience as a Registered Landscape Architect, a Licensed Landscape Contractor, a Certified Water Auditor, and a Member of the Environmental Protection Agency's (EPA) Watersense Partnership Program provide him a broad base of valuable knowledge. Through creative, current design and efficient use of resources, while coordinating between contractors, architects, public agencies, and clients, Steve's project management abilities aid in maintaining the design scope budget and schedules. Select aelevant rrojects Bastanchury Road, Unocal*, Fullerton, CA (Landscape Architect) Steve developed the landscape construction documents for complete streetscape improvements, which included a two-year maintenance and acceptance into LIVID. The project was located on Bastanchury Road from west of Fairway Island to east of Memorial Drive Santa Ana Canyon Road, Anaheim, CA (Project Manager) Steve designed a specialized irrigation delivery system to help save hundreds of gallons of water and thousands of dollars annually. He incorporated previous irrigation systems with new equipment, and used irrigation software to help find the feasibility of old equipment. Steve performed irrigation calculations to verify compliance with California's strict irrigation regulations and provided seasonal irrigation schedules so that the water applied to the landscape would be specific to the plants' water needs. Steve used his knowledge on drought resistant plants and irrigation to save valuable trees along a median located on a 3.5 -mile stretch of East Santa Ana Canyon Road. Katella Avenue Smart Street Improvements, Ninth Street to Humor Drive, Anaheim, CA (Landscape Architecture) Steve provided landscape architectural services, including the inventory of existing planting and irrigation within and adjacent to the project to determine improvements to be maintained and salvaged. Detailed coordination was required to maintain existing landscape and connect new landscape improvements to adjacent privately owned and maintained landscaping. Miraloma Streetscape, Anaheim, CA Landscape Architect) Steve prepared the landscape concept plan for preliminary approvals and later the landscape construction documents. While the project was mainly a property conversion from commercial use to a ground water recharge basin, the streetscape was considered an important element for community acceptance. Working closely with the staff of the Orange County Water District, Steve's past experience as a landscape contractor gave him the ability to accurately determine the existing planting and hardscape elements that could be salvaged to not only save money, but provide a more mature look to the finished product. His knowledge of California native plant material and the most current irrigation methods and materials resulted in reduced cost relative to construction, water savings, and lower maintenance requirements. Culver Drive/University Ave Intersection and Widening, Irvine, CA (Landscape Architect) Steve managed landscape design services for a major arterial intersection project involving modifications to existing planting areas as well as creating new ones. The plant palette was completely revamped to include low water use plants that would bloom at various times throughout the year and be maintainable with little care. The irrigation system was to tie into the existing mainlines and controllers. Steve's team performed the predesign field work that could minimize the construction disruptions and allow for a smooth transition to the refurbished areas. Some areas, like the adjacent park, required special irrigation design treatments to facilitate uninterrupted service to the recreation facilities. denotes projects completed at other firms Maine Avenue Complete Streets, Baldwin Park, CA (Project Manager) Steve managed the landscape architecture effort, which included a road diet and roundabouts to make the street safer and rain gardens for stormwater filtration and retention. He specified the unique drip irrigation system, as well as the plant palette that would complement the existing neighborhood planting theme and clean the water during larger storm events. Overall efforts helped enhanced traffic calming and street beautification and minimized the City's water usage. Effective coordination with our transportation department was critical in providing a cohesive landscape design and overall successful project. Golden Valley Road, Santa Clarita, CA (Landscape Architect) Steve prepared the landscape concept plan for preliminary approvals and later the landscape construction documents. This project was a street widening and renovation project which was adjacent to and spanned the Caltrans right or way at SR -14. He worked closely with the City's staff to incorporate the new landscape items into the existing. Existing points of connections were used where possible and new ones were installed where necessary. One particular challenge that presented itself during the stages of design was the lack of an existing power source for an area of new landscape. Steve's knowledge of cutting edge products within his industry, which is a result of maintaining his Certified Irrigation Auditor and EPA WaterSense Partner credentials, allowed him to suggest to the City the use of a newly released solar powered controller that would meet the most current water saving requirements. Avoiding the need to install a new electrical supply saved the City design and construction costs. Profile Keith offers 33 years of experience in transportation and traffic engineering with a broad background in transportation analysis and preparing design plans. He performs technical analyses and studies, prepares various reports, and designs improvement plans for numerous private and public works projects. Keith has also served as an on-call consultant to public agencies. Specific transportation engineering experience includes road alignment studies; highway and street improvements design, including geometric studies, interchanges, and ramps; traffic engineering, including site impact studies, parking and bikeway studies, bus operations, signing, striping, traffic signal, and traffic control plan design. Snlnrt Onl®vnnt Drninrt5 Fullerton College Traffic and Parking Study, Fullerton, CA (Project Manager) Keith managed traffic engineering analysis services as part of the environmental documentation to address potential traffic impacts related to the construction of a new field house and renovations to the existing football/athletic field located at the northern end of the campus. Services included conducting a traffic study to recommend design guidelines that will address the increase traffic volumes on neighboring streets and a parking study to establish the criteria for design guidelines of the new parking structure and implementation. The project required close coordination with the City of Fullerton. Lakewood Boulevard Improvements, Phases 313 and 3C, Downey, CA (Traffic Lead) Keith provided assistance for street improvements and enhancements along Lakewood Boulevard. Traffic improvements included traffic signal modification, striping, pavement markings, signage and ornamental street, and pedestrian lighting. Gardendale Street Pavement Rehabilitation, Downey, CA (Traffic Lead) Keith helped prepare the signing and striping PS&E associated with the design and construction of pavement rehabilitation improvements on Gardendale Street. The project also restored traffic signal loops destroyed by implementing street rehabilitation improvements. Newport Boulevard Widening Improvements, Newport Beach, CA (Traffic Lead) Keith was traffic design lead for PS&E preparation for widening improvements along Newport Boulevard. Project features included pavement widening and median improvements, pavement rehabilitation, new ADA -compliant curb ramps and driveways, four traffic signal modifications, drainage improvements, signing and striping, landscaping and irrigation, new street lighting, and new parking lot construction. Staged traffic control plans were prepared for project implementation. Oso Parkway Roadway Widening Improvements, Mission Viejo, CA (Traffic Lead) Keith helped prepare preliminary and final design plans for widening improvements on Oso Parkway between the 1-5 freeway and Country Club Drive. He prepared a traffic capacity and operations analysis of widening alternatives and recommended adding one lane in each direction on Oso Parkway and modifying the signals at the 1-5 northbound ramps of Country Club and Montanoso Drives. The widening improvements required the acquisition of additional right-of- way on both sides of the street and relocation of several utilities along the existing sidewalks. The box culvert for Oso Creek was lengthened to accommodate the new lanes in each direction. Irvine Avenue Pavement Rehabilitation, Newport Beach and Costa Mesa, CA (Traffic Lead) Keith led the traffic engineering design, including preparation of signing and striping plans for pavement rehabilitation and pedestrian and cyclist safety improvements along Irvine Avenue. Mariners Elementary School is located within the project limits, and Newport Harbor High School is adjacent to the project limits. Sidewalk repairs and ADA -compliant curb ramps were constructed to provide improved safety to school children and pedestrians. An accelerated schedule was required to help ensure the improvements are completed before the next school year. As part of this project, a buffer between the bike lane and the travel lane will be added from 17th Street to Dover Drive/19th Street to increase the road's safety. 17th Street/Tustin Avenue and Harbor Boulevard/ Wilson Street Intersections Improvements, Costa Mesa, CA (Traffic Lead) Keith managed the PS&E for intersection capacity and aesthetic improvements at the 17th Street/ Tustin Avenue and Harbor Boulevard/Wilson Street intersections. Project capacity improvements at 17th Street/Tustin Avenue included exclusive right -turn lanes on the eastbound and northbound approaches and a far -side bus turn -out on eastbound 17th Street. The improvements at this location also included decorative crosswalks, new curb returns, and ADA -compliant access ramps, new sidewalk and tree wells, raised medians with landscaping and irrigation systems, and new street lighting. Improvements at Harbor Boulevard and Wilson Street included an exclusive westbound right -turn lane including retaining wall design. The firm prepared all street improvement plans for these projects including roadway plans and profiles, detail sheets, traffic signal modification, signing and striping, and street lighting. Newland Street Improvements, Cities of Westminster and Huntington Beach, Orange County, CA (Traffic Design Task Manager) Keith prepared the PS&E for traffic signal and signing and striping improvements, and implementation of traffic control along Newland Street from Edinger Avenue to Whitley Avenue included as part of Newland Storm Channel improvements. Traffic signal improvements included two new signal installations and three modified existing signals at five intersections along Newland Street. The new signals were incorporated into the City of Wetminster's interconnect system. Median and intersection improvements included ADA -compliant paths of travel and access ramps. Project construction required detailed phased traffic control plans that considered impacts to local vehicle circulation and an elementary school. Profile With 20 years of progressive environmental consulting experience, Michael's expertise involves coastal land uses subject to discretionary agency approvals and public environmental review. Michael provides environmental services and leads multi -disciplinary teams through all life cycle phases of projects. Michael has experience with aerospace, commercial, education, industrial, oil and gas, thermal power generation, recreation, renewable energy, residential, mixed-use, transportation, water, and wastewater land uses. Michael has extensive knowledge in preparing and managing environmental documents for projects, especially those subject to compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Calprt Qplpvn1 nt Arniar' Newport Bay Water Wheel Project, Newport Beach, California (Project Manager) Michael managed preparation of an IS/MND for this innovative project that involves construction and operation of a trash removal system in the Coastal Zone of San Diego Creek/Upper Newport Beach. The environmental impact analysis was supported through preparation of a Jurisdictional Wetlands/Waters Delineation Report, Aquatic Resources Survey Report, air quality study, and vibration analysis for pile driving. Michael also facilitated AB 52 Consultations and guided preparation of the IS/MND under a compressed schedule to secure $1.7MM in Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop 1) funding for the innovative project. Remedial Excavation and Systems Installation, Seal Beach, California (Project Manager) Michael managed preparation of two Coastal Development Permit applications to the California Coastal Commission to allow a responsible party to remediate petroleum impacted soils in the Coastal Zone of Seal Beach. The applications included requests to excavate and remove 11,000 yards of soil and installation/operation of dual phase extraction remediation wells and systems. Michael was successful in positioning the Coastal Commission to issue project approvals through issuance of De Minimis Waivers which substantially streamlined the permitting process for this time sensitive remediation project in a coastal environment subject to substantial public input Top of the World Pedestrian Pathway, Laguna Beach, California (Environmental Task Manager) Michael served as the Environmental Task Manager for preparing an IS and MND and biological and cultural resources studies for this project that involved constructing a pedestrian and bike path linking two adjacent communities in the Coastal Zone of Laguna Beach. The controversial project was subject to public opposition from community members living nearby that were concerned with potential increases in noise, traffic, fire risk, and crime. After substantial public input, the City of Laguna Beach Planning Commission adopted the Stantec prepared IS and MND pursuant with the CEQA. Belmont Island Decommissioning Project*, Orange County, California (Project Manager and Environmental Scientist) Michael assisted with the permitting and environmental compliance for the decommissioning of Belmont Island, an oil and gas production facility located offshore of Seal Beach, California. The project also included the decommissioning of subsurface pipelines across the beach and into an inland facility in the Coastal Zone of Seal Beach. In addition to assisting with obtaining a Coastal Development Permit for the project and a De Minimis Waiver to demolish a depilated structure in Seal Beach that posed a risk to public safety risk, Michael served as the lead on-site environmental compliance monitor and logistics coordinator throughout the 21 -month decommissioning phase. Boatyard Improvements Project*, Port of San Diego, California (Project Manager) Michael managed the effort to obtain discretionary permit approvals for this project that included installing two pile -based pier facilities and fish structures at an eight -acre boatyard in the Port of San Diego. The pier structures were necessary to support operation of a 665 -ton capacity Travelift system, enabling mega -yachts to be hoisted from the water for maintenance and repair. Permits to construct and operate the facilities were obtained from the San Diego Unified Port District (Coastal Development denotes projects completed of other firms Permit), U.S. Army Corps of Engineers (Clean Water Act Section 404 Department of the Army Permit), and the California Regional Water Quality Control Board (Clean Water Act Section 401 Water Quality Certification). The six -story moving boat crane was the second lift over 500 tons ever to be made in the U.S. and was the cornerstone of a South Bay Boatyard Renovation Project that made the facility a worldwide -recognized premiere superyacht refit facility for the West Coast. Aliso Creek Trail Slope Repairs Project, Orange County, California (Environmental Task Manager) Michael served as Environmental Task Manager for this Orange County Parks project involving repair of an existing pedestrian and bicycle trail and culvert replacement along Aliso Creek. Michael managed preparation of an IS/MND, biological resources technical report, wetlands and jurisdictional waters delineation, and permit application packages to the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife. E&B Resources Proposed Oil Production Project, Hermosa Beach, California (Project Manager) Michael reviewed the technical studies adequacy to support the public environmental review process and assisted with technical impact analysis for this controversial project involving oil development within an urban, coastal community. Michael led a team of multi -disciplinary technical specialists that evaluated Photo Simulations, a Traffic Study, a Geotechnical Report, a Phase I Environmental Site Assessment, a Phase II Environmental Site Assessment, and a Remedial Action Plan. He also managed preparation of a new traffic study, supplemental photo simulations and the aesthetics, geology and soils, hydrology and water quality, and transportation sections of the EIR. The analysis included evaluating relocation of the City's public works maintenance facility. Profile Paul has over 35 years of continuous involvement in the consulting engineering profession with design experience in lighting, power and special systems design for both new and renovation projects, including: healthcare, civic, institutional, and municipal projects. Paul performs project management, including scheduling, estimating, and supervising design personnel. He is actively involved with the Illuminating Engineering Society of North America (IESNA) at the Society level and has received lighting design awards from the IESNA. Select Relevant Projects Port of San Diego Banner Art Project Lighting Design*, Imperial Beach, California Principal in Charge and Designer of architectural lighting design for an art lighting project. In 2006, the Port of San Diego commissioned artist John Banks to create a new sculpture for the Imperial Beach Art Walk at Beach Boulevard and Seacoast Drive. This 20 -foot abstract steel sculpture, titled `Banner Art", is a welcome addition to the community. Painted entirely in red, the piece spells out the word "ART" and appears as an abstract sculpture from all other angles. We were engaged to illuminate the sculpture to increase visibility and prominence in the evening. The lighting designers developed plans to light the project from the ground and adjacent palm trees. Plans also provided lighting to the surrounding palm trees to frame the piece. The team selected high -efficiency, low -wattage PAR style, metal halide lighting fixtures for high efficiency and low maintenance. Equipment mounting was achieved via custom concrete enclosures at ground level and nylon straps for the tree mounted lights. City of San Diego Various Roadway and Bridge Lighting Projects*, San Diego, California Various projects including Black Mountain Ranch Street Lighting Design; "C" Street Lighting Improvements; First Avenue Bridge Lighting Design; Gas Lamp Quarter Lighting Study; Judicial Drive Over and Under Crossing at La Jolla Village; Laurel Street Bridge Illumination Design; Lighting Designs for 12 Park Facilities; Pacific Highlands Ranch Unit 7 Street Lighting Review; and Scripps Ranch Boulevard Street Lighting. The Hodges Golf Center*, Escondido, California A complete practice golf driving range facility with 70 driving stations, putting green and golf shop. Range is lighted at night. Earthen berms with trees were used to minimize light spill into adjacent wetlands and fish and game areas. Low mounted cutoff floodlights were used to light the target greens. Lighting design and electrical engineering with flexible controls were provided to provide only the amount of light needed at varying times. Documentation of light spill to adjacent properties was required for permit. Discovery Center at Grant Park*, San Diego, California Electrical study for a new 9,450 sf, 2 -story interpretive center that includes educational, meeting and community spaces, outdoor classroom space, concessions space with restrooms, shade structures, outdoor volunteer staging areas, outdoor interpretive water feature, underground site improvements, extension of the San Diego river trail through the site and a river observation pier. San Diego Zoo Parking, San Diego, California 644 parking stalls, 46 have been provisioned for EV chargers of which 14 are equipped with EV chargers. San Diego County Fleet Maintenance and Parking Structure Facility, San Diego, California 836 parking stalls, 40 have been provisioned for EV charging stations, 12 of stalls are equipped with chargers. LAX- Consolidated Rent A Car (ConRac) facility, Los Angeles, California 17,600 rental car stalls and 2,900 employee and public parking stalls. 50% of employee and public parking stalls will be provisioned and 10% equipped with EV chargers. 2,500 rental car stalls will be provisioned. San Diego Airport Terminal 2 Parking Plaza, San Diego, California 3,000 parking stalls, 169 of stalls are provisioned for EV charging stations and 16 are equipped with EV chargers. denotes projects completed at other firms Profile Greg has more than 19 years of professional experience in numerous aspects of land surveying and mapping. His expertise includes business development; project management; client management; and surveying, mapping, and map checking services. Greg works with public and private entity clients throughout Southern California. Some of his municipal projects included the Anaheim Stadium properties subdivision, monument preservation efforts; and design topographic, and construction surveys for pavement, sewer, and right-of-way improvement projects. Select Relevant Projects Multiple On -Call Map Checking*, Southern California Quality Assurance/Quality Control Supervisor) Greg has provided map checking services to numerous municipalities and other agencies for more than 10 years. Reviewing and verifying final maps, parcel maps, Records of Survey, Corner Records, certificates of compliance, lot line adjustments, legal descriptions, and plats for compliance and conformity with local and state regulations has allowed Greg to sharpen his QA/QC skills. Greg has provided map and survey document checking for the Cities of Irvine, Fullerton, Montebello, Covina, Baldwin Park, Bell, Bell Gardens, and Cudahy, as well as the County of Orange and others. On -Call Services, City of Anaheim Subdivision, and Parcel Consolidation of Anaheim Stadium Properties*, Anaheim, California (Senior Survey Project Manager) Greg worked closely with city staff at all management levels to subdivide and consolidate the properties comprising the Anaheim Stadium complex. This major project involved numerous agencies and municipalities. It required reviewing more than 25,000 pages of various legal records to determine their affect, if any, on the project and client goals. Through due diligence, several potential liabilities were addressed before they could cause harm to property title. After resolving all title issues, the project involved conducting boundary and topographic surveys, encroachment analysis, and writing new legal descriptions. A parcel map was filed and recorded. This project was completed in 2008 at a cost of approximately $160,000. On -Call Surveying and Mapping, Metropolitan Water District (MWD) of Southern California*, County of Riverside, California (Survey and Mapping Task Leader) Greg led the effort to conduct boundary and topographic surveys over portions of MWD pipeline easements and related properties. The project included several miles of pipeline, as well as dozens of properties and easements. The boundary covered several Public Land Survey System Sections, as well as rancho boundaries. His deliverables included CADD files, point files, GIS .SHP files, and a Record of Survey map filed with the Riverside County Surveyor. Project was completed in January 2012. Robert W. Goldsworthy Desalter*, Torrance, California (Project Surveyor) The Goldsworthy Desalter expansion required implementing a control survey, centerline and right-of-way alignment survey, terrestrial topographic survey, and a photogrammetric survey. The project required a high -precision geodetic control survey to tie current conditions and control to the historic control used at the time the facility was first constructed. Additionally, the survey required setting seven aerial targets for correlation of imagery to ground conditions. Once the data was collected from photogrammetric processes, a ground survey of key topographic features was conducted. One innovation expanded the aerial coverage beyond the initial work limits in anticipation that the project scope could be revised to accommodate certain conditions. The additional photogrammetric coverage had no additional cost and remains available should WIRD choose to revise the route or limits of design. The survey data was delivered on schedule and on budget in March 2014. On -Call Services, City of Anaheim City -Wide Sanitary Sewer Improvement Program*, Anaheim, California (Senior Survey Project Manager) This project involved several miles of new pipelines together with short segments to repair the aging infrastructure. Greg deployed substantial resources quickly, allowing for several construction sites to be served simultaneously. His services included design topographic surveying, construction surveying, and monument preservation. With several thousands of feet of denotes projects completed at other firms new sanitary sewer lines being laid simultaneously, quality assurance and quality control procedures were an integral part of daily activities. This project was completed in August 2009. Lakewood Boulevard Improvements, Project Phase 3B and 3C, Downey and Pico Rivera*, Downey and Pico Rivera, California (Project Surveyor) This project involved comprehensive professional services associated with the design and construction of street improvements and enhancements along Lakewood Boulevard from Florence Avenue to Telegraph Road. The project was divided into two segments: Lakewood Boulevard between Florence Avenue and Gallatin Road (approximately 2,800 feet); and Lakewood Boulevard between Gallatin Road and Telegraph Road (approximately 2,700 feet). This project constructed new raised medians, including new landscaping and irrigation improvements. The Phase 3B and 3C improvements included widening of the roadway. The minimum half - section of the improved roadway provides a 14 -foot median and three continuous through lanes in each direction throughout the project limits. Within the Phase 3C segment, between the 1-5 southbound and northbound on -ramps, a northbound auxiliary lane was provided. On -Call Services, City of Anaheim Santa Ana Canyon Road Rehabilitation and Realignment*, Anaheim, California (Survey Manager) Santa Ana Canyon Road serves as a major transportation artery for North Orange County. With more than 20,000 commuters each day relying on this corridor for access to regional services, surveying activities were carefully managed to provide the greatest free-flow of traffic, while expediting the delivery of meaningful data to city design staff. The project took the survey team through nearly 100 years of legal records and engineering notes to re-establish the historic dual alignments. Dozens of monuments and ties were found, reset, and re-established to perpetuate survey evidence and comply with state laws. Greg's noninvasive approach was appreciated by commuters and city staff alike. Profile Maria has been involved in transportation planning for more than 13 years. She is well- rounded in the profession with experience in short and long-range transportation planning, travel demand modeling and forecasting, land use impact analysis, transportation system evaluation, highway corridor planning, transportation demand management strategies, transportation management plans, traffic simulation models, roundabouts, bicycle and pedestrian plans, SB 375 and SB 743, GHG and VMT reduction strategies, and GIS applications. She has prepared numerous traffic studies in support of environmental impact reports, development projects, major highway improvement projects, Specific Plans, roadway improvement projects, circulation elements, and transit projects. Maria supports the project manager as the lead technical manager on numerous projects. She has developed great working relationships with various agencies, including OCTA, Caltrans, and County of Los Angeles. Select Relevant Projects Metro Active Transportation Plan Grants, Los Angeles, CA (Grant Writer) Together with Metro's Countywide Planning Department, Maria assisted cities and counties complete and/or resubmit grant applications to the state. ATP is a state administered funding opportunity that awards funds for projects that encourage increased use of active modes of transportation, such as biking and walking. Stantec provided 36 grant applications, including: 1 TOD 1 SCAG sustainability planning grant 28 ATP grants 4 Transit and Intercity Rail Capital Program grants 1 Transportation Investment Generating Economic Recovery grant We regularly met and communicated with Metro staff and the project sponsors, reviewed application guidelines and evaluation criteria, and studied project history and existing project development for all project components. We gathered data as needed to demonstrate project need and benefit. We presented a compelling case for the project need and importance through creative writing and used maps and graphics to present information effectively. The final application was submitted to Caltrans for review. SR -91 Feasibility Study Between the SR -57 and SR -55*, Anaheim/Fullerton, CA (Traffic Analyst) Maria is working on the traffic portion of the SR -91 Feasibility Study, evaluating various alternatives for increasing capacity on the SR -91 between the SR -57 and Lakeview Avenue. The work includes analyzing existing and future traffic conditions for the SR -91 and portions of the SR -57 and SR -55. Orangethorpe Avenue Grade Separation Traffic Management Plan (TMP)*, Orange County, CA Transportation Planner/Lead Technical Manager) Maria provided transportation planning and technical management for the Transportation Management Plan for the Orangethorpe Grade Separation Project. The grade separation was one of seven planned grade -separation projects being implemented by OCTA. The TMP identified significantly impacted intersections within the project area, minimized the construction -related traffic impacts, and mitigated impacts where necessary by the application of strategies such as construction staging, planner alternative routes and public awareness campaigns. Maria was involved in all aspects of the traffic study from project initiation, preparation of technical materials for the traffic study, team coordination, project management, and progress meetings. The traffic study included operational analysis for study area intersection, construction schedule and staging, development of detour routes, evaluation of pedestrian and bicycle and transit facilities, scenario impacts, intersection queuing analysis, displaced bus routes, school access, emergency denotes projects completed of other firms response and vehicle breakdowns, public awareness campaigns, motorist information system, restrictions on work, contingency plans, and construction mitigation cost estimates. Tustin Downtown Commercial Core Specific Plan Traffic Study, Tustin, CA (Traffic Analyst) Maria was a traffic analyst supporting the project manager in the preparation of a traffic study for the Downtown Commercial Core Specific Plan. The proposed project would allow for the addition of up to 887 dwelling units to the downtown area based on specific allocations to six "development areas". Furthermore, transfer of units between DAs would be allowed up to a maximum increase of 25 percent for any give DA. The traffics study was prepared for inclusion in the project's EIR. Maria prepared future forecast intersection volumes, conducted an impact analysis using the intersection capacity utilization ICU) methodology, and created a GIS database. Beach Boulevard and Edinger Avenue Corridor Study*, Huntington Beach, CA (Traffic Analyst) Maria assisted in identifying existing and future land use designations and its effects on traffic operations. She helped analyze existing traffic conditions and preparing long-range traffic forecast data along Beach Boulevard and Edinger Avenue using the Huntington Beach Traffic Model. Maria also worked on other traffic studies within the City of Huntington Beach such as General Plan Update, Bella Terra Village Mixed - Use, and The RipCurl Mixed -Use developments. Villa Park Road, Katella Avenue, and Santiago Canyon Road Corridor*, CA (Transportation Planner) Maria was the transportation planner for a traffic analysis of the Katella Avenue/Villa Park Road/ Santiago Canyon Road Corridor. The work included traffic forecasting, level of service analysis, and a traffic operations analysis for the corridor. Profile Dan has 23 years of civil engineering experience with extensive experience in structural analyses and design, and preparation of design plans, specifications and cost estimates for retaining walls, water systems, pump stations, channels, dams and reservoir facilities. He has been involved in the structural analysis and design of several retaining walls, water recharge and flood control projects in Riverside, San Bernardino, Orange, and Los Angeles counties. Select Relevant Projects Oso Parkway Roadway Widening*, Mission Viejo, California (Structural Engineer) Dan provided structural engineering services for the preparation of preliminary and final design plans for widening improvements on Oso Parkway between the 1-5 freeway and County Club Drive. The widening improvements require modification of the existing box culvert for Oso Creek to increase its length and provide a new parapet wall, partial wingwall reconstruction with overhang support, 300 feet of new concrete barrier with decorative stone veneer, decorative masonry end pilasters, and a pipe support system for the relocated 12 -inch reclaimed water line. The project also includes a new monument sign structure for the Sunrise Senior Living Facility and reconstruction of existing masonry walls. Cypress Village PA 40*, Irvine, California (Structural Engineer) Dan provided structural engineering services for all perimeter wall design, detailing, and specifications for a master planned residential development. The project involved masonry screen walls and combination screen walls with retaining on both conventional spread footings and trench footings to satisfy various level or descending backfill conditions. The perimeter walls are approximately 31,000 feet long with maximum height of 10 feet including up to 2.5 feet of retention. The project features special wall designs corresponding to architectural plans for decorative monument screen walls, vehicular gate enclosure, pedestrian gates, and pilasters at project entry locations. Tract 16702, PA1, Orchard Hills*, Irvine, California (Structural Engineer) Dan provided structural engineering services for all perimeter wall design, detailing, and specifications to retrofit existing perimeter wall in conjunction with "La Vita" master planned residential development. The project involved masonry screen walls and view fences on conventional spread footings. The perimeter walls are approximately 4,200 feet long with maximum height of 8 feet including up to 2 feet of retention. The project features special wall designs to remove and reconstruct masonry walls and pilasters as required to receive new view fencing while preserving as much of the original construction as possible to minimize cost. Tract 46908 Debris Wall Design*, Valencia, California (Structural Engineer Task Manager) Dan provided structural engineering services for the design and preparation of PS&E for construction of a 370 foot long debris wall parallel to steep natural slopes fronting a residential development pad in the Valencia area of Los Angeles County. The wall was designed to County standards for stability against debris impact and retainment. The wall height above finished grade varies from 3 to 4 feet. The wall design also incorporated drainage features to facilitate the self -flushing of minor material accumulations from the adjacent hillside. Forest Lawn Hollywood Hills, Sennett Creek Stabilization Project, Glendale, California (Senior Project Engineer) The project involved a drop structure consisting of approximately 200 -LF of sheet piling retaining wall. Dan provided civil layout, grading, drop scour design, and structural analysis of the sheet piling using king piles with secondary sheeting. The sheet piling is designed for up to 15 -ft of retention with critical dead plus live or dead plus seismic effects considering applicable surcharge loads, various backfill conditions, and potential channel invert drop scour components. The project location inside a flood control channel also required special designs for differential head during rapid draw down. denotes projects completed at other firms Forest Lawn Covina Hills, Mitigation Basin 5, Covina, California (Senior Project Engineer) The project involved a wetland basin with approximately 200 -LF overflow structure on grade beam with 24" dia. CIDH foundation. Dan provided civil layout, grading, and structural analysis of the trough structure and foundation configurations to resist up to 7 ft of retention with critical dead plus live or dead plus seismic effects considering applicable surcharge loads, descending slope conditions, and variable depth to bedrock. Laguna Audubon Retarding Basin Floodwall Improvement, Aliso Viejo, California (Structural Engineer) Dan provided structural analysis and design of approximately 700 If of floodwall surrounding the crest of the Laguna Audubon Retarding Basin (Orange County Flood Control Facility 1021301) in the City of Aliso Viejo. He developed new floodwall designs for heights up to 4 feet using reinforced concrete stems on conventional spread footings. Dan used the CTWall computer program and followed USACE guidelines for inland floodwalls to satisfy stability and structural section design requirements for dry, infrequent flood, and maximum flood conditions. The Project also included details to retrofit existing structures for improved flood protection and analyses to verify existing structure capacity when subject to increased hydrostatic loads. Newport Boulevard Widening Project*, Newport Beach, California (Structural Engineer) Dan provided structural engineering services for the design, detailing, and specifications of approximately 90 If of reinforced CMU sound wall on spread footing in support of widening improvements along Newport Boulevard between Via Lido and 30th Street. The wall is a combination 6 feet sound wall with 3 feet retaining and level backfill condition designed for critical dead plus seismic or dead plus wind load. Laguna Beach Cress St Improvement, Laguna Beach, California (Structural Engineer) Dan provided civil layout, grading, structural engineering design, detailing, and specifications for approximately 160 If of steel beam soldier pile wall with wood lagging with maximum retention height of 9 feet. The project also involved bid support, submittal and RFI processing, and on-site observation during construction. Profile Jaret specializes in geotechnical and environmental engineering and has more than 18 years of experience in the industry. He manages geotechnical and environmental portfolios and projects for several major oil company clients, solar energy clients, and supporting the geotechnical needs of other regional offices. Jaret's duties include conducting and managing subsurface investigations, installing and monitoring geotechnical instrumentation, communicating with clients, managing project budgets, preparing project scopes, completing analyzing laboratory data and potential geologic hazards, preparing geotechnical reports, compaction reports, construction management and oversight, geotechnical soils laboratory testing, and researching and writing Phase I and Phase II environmental site assessments (ESA). Select Relevant Proiects Roadway Expansion Project, Anaheim, CA (Senior Engineer) Jaret completed the geotechnical investigation for a street widening project at South Street and East Street in the City of Anaheim. He provided recommendations for pavement overlay and reporting existing pavement section thicknesses. John Wayne Airport - Campus Drive Widening Project, Newport Beach, CA (Senior Engineer) Jaret completed the geotechnical investigation for a street widening project adjacent to the John Wayne Airport. He provided recommendations for new pavement design and pavement overlay, airport service building foundations, retaining wall design, sidewalk, traffic signal foundations, overhead sign foundations. Culver/University Intersection Improvement Project, Irvine, CA (Senior Engineer) Jaret completed the geotechnical investigation for a street widening project at Culver Drive and University Drive. He provided recommendations for pavement design, retaining wall design, sidewalk, traffic signal foundations, and overhead sign foundations. Environmental Site Assessments, Various Locations, CA (Senior Engineer) As part of ongoing contracts, Jaret performs Phase I and II environmental site assessments for commercial and industrial property transfers in California, Nevada, Washington, and Arizona. Clients include BP West Coast Products, LLC, Chevron Environmental Management Company, The Olson Company, CT Realty, and G&L Commercial. Environmental Sampling and Remedial Excavation Oversight, Various Locations, CA (Project Engineer) Jaret performs environmental sampling and remedial excavation oversight for retail gasoline facilities and commercial properties involving soil sampling, groundwater sampling, air monitoring, laboratory data analysis, and environmental reporting. Clients include BP West Coast Products, LLC, Chevron Products Company, and 7 -Eleven. Profile Carlos has more than 38 years of experience in civil engineering and project management with extensive experience working for private and public sectors. His public works design experience spans various projects, including improving major arterials, secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects. His private sector design experience includes residential master planned communities, "in tract" residential improvements, and commercial centers. Carlos' hands-on management approach and extensive knowledge of public agencies standards and permitting procedures will be instrumental in helping ensure your projects are completed within budget and schedule. Select Relevant Projects SR2S Hermosa View Improvements, Hermosa Beach, California (Project Manager) Carlos managed the design of the Hermosa View School Safe Route to School Project. The existing routes to Hermosa View School are characterized by a lack of continuous sidewalks, limited sight distance, outdated signage, high commuter traffic, crossing deficiencies, incomplete crosswalks, and other features that contribute to hazardous conditions for students walking or biking to school. The improvements included installation of continuous sidewalk and ADA curb access ramps, installation of crosswalks and pedestrian countdown signals, upgrading of school zone signs, and the addition of stand back lines with barriers in front of the school. Carlos attended two public meetings at the City to present the preliminary and final design and to answer question from the residents being impacted by the proposed improvements. Lincoln Park Street and Landscape Improvements Project, Pomona, California (Project Manager) Carlos managed the preliminary and final design activities for this project including, exploring alternatives to improve circulation and access to Lincoln Park, participating in public outreach meetings to explain the alternatives and get feedback from the residents around the park, preparation of plans, specifications and estimate PS&E), and as -needed construction engineering and landscape support during the construction phase of the project). The project also included providing survey topographic services, traffic engineering report, ADA Ramp details and signing and striping and traffic control plans. Fairview Road Safety Improvement Project HSIPL -5312 102), Costa Mesa, California (Project Manager) Carlos managed the engineering and environmental services for the Fairview Road Safety Improvements Project. This project involved the design of safety improvements at two median breaks within Fairview Road between Baker Street and Adams Avenue. The project involved the construction new raised median to restrict or control left turn movements out of out of existing driveways at these two locations. The project also involved the removal of segments of curb and gutter, sidewalks and driveways that were damaged or didn't comply with ADA requirements. Participated in two public outreach meetings with residents being impacted by the proposed improvements. Assisted the City in completing all E-76 documentation to obtain the release of federal funding. North San Fernando Boulevard Safety Improvements, Burbank, California (Project Manager) Carlos managed the engineering services implementing safety enhancements to reduce vehicle travel speeds, improve traffic operations, and increase visibility and separation of vehicles, bicycles, and pedestrians. The project involved the design of bulb -outs, ADA ramps, traffic signal modifications, adding bike lanes, left turn lanes and other traffic calming measures to enhance safety to pedestrians, vehicles, and bicycles. The project involved participating in 2 public outreach meetings to present the preliminary and final engineering design to the public. Leland Way Streetscape Project., Burbank, California (Project Manager) Carlos managed the engineering, surveying and Landscape services for the design of the Streetscape improvements for Leland Way. The City's objectives were to improve the safety, operational, and aesthetics characteristics of Leland Way between North Broadway St. and South Broadway St. The project involved several community meetings to obtain input and ultimately support from the community for the proposed improvements. The project involved the narrowing of the roadway to provide one-way traffic only, a two-way bike track and a landscape area that would provide screening of a recently constructed sound wall by Caltrans as part of the Golden State FWY 5 Improvements, pavement overlays, and signing and striping plans. Cress Street Sidewalk Improvements, Laguna Beach, California (Project Manager) Carlos managed the Cress Street Sidewalk Improvement Project. This project required the extension of an existing sidewalk on the south side of Cress Street in front of the Bluebird Park, westerly to the intersection of Cress street and Temple Terrace. The project require the design of a bulb out and ADA ramp at the intersection, sidewalk and driveways and a retaining wall to provide adequate access from the residential areas to the Bluebird Canyon Park. Stantec provided survey topo, structural design, roadway design and traffic control design. Stantec also provided utility coordination, construction staking and construction engineering support. Carlos participated in a public meeting with the public residents to present the preliminary design and with the Design Review Board at the City of Laguna Beach. Butterfield Stage Road, Phase 3 Improvements, Butterfield Stage Road and Rancho California Road Intersection Improvements, Temecula, California (Project Manager) Carlos managed the civil engineering design and field survey services for the design of Butterfield Stage Road, Phase 3 Improvements. This project involved the widening of 4,300 If of Butterfield Stage Road from La Serena Way to Rancho California Road from a two-lane to a four -lane roadway with bike lanes and a raised median. The project involved the widening of the easterly side of BSR and the plans required permits from the City of Temecula and The County of Riverside Transportation Department and Flood Control District. This project involved extensive grading, the design of a 20 foot high retaining wall and the extension of three drainage culverts. The project also involved the design of the Butterfield Stage Road and Rancho California Road Intersection Improvements which included a traffic signal modification, the widening of 1,000 If of Rancho California Road, and drainage improvements. Design plans included: plan and profile plans, signing and striping plans, grading plans, erosion control plans, drainage plans, retaining wall plans, street lighting plans, and traffic signal modification plans. We also prepared a water quality management plan. 3 Stantec April 26, 2019 Dear Ms. Lee: Attention: Iris Lee Per your RFP, we're providing our fee schedule in this separate Deputy Public Works sealed envelope which includes our standard billing rates for Director/City Engineer various staff levels. At Stantec, we strongly believe that the City of Seal Beach measurement of value is partially referenced from pricing, but Public Works Department also from credentials and capabilities. Our attached hourly billing 211 Eighth Street rate table was created with an understanding of this balance. Seal Beach, CA 90740 The rate table is subject to escalation on a yearly basis, effective each January 1 during the term of this Agreement, by the most current Separate Fee Proposal Consumer Price Index for All Urban Consumers (CPI -U) year over for On -Call Professional year percentage increase, not seasonally adjusted, for the preceding Engineering Services for the July, as published by the U.S. Bureau of Labor Statistics plus 1.0%. City of Seal Beach Should you have any questions or require additional information about our proposal, please contact our primary representative Contract Manager, Mohammad Heiat by telephone at (949) 923-6962 or email at mohammad.heiat@stantec.com; or alternative Contract Manager, Jeff Wilkerson at (949) 923-6959 or by email at jeff.wilkerson@stantec.com. Sincerely, Stantec Consulting Services Inc. Mohammad Heiat, PE Jeff Wilkerson, PE Contract Manager/Principal-in-Charge Alternate Contract Manager/Task Manager 949) 923-6962 (949) 923-6959 mohammad.heiat@stantec.com jeff.wilkerson@stantec.com Design with community in mind Stantec Consulting Services Inc. LABOR CLASSIFICATION HOURLY RATE LEVEL 17 Principal/QA/QC Manager 224.00 Sr. Transportation Specialist 224.00 LEVEL 16 Sr. Project Manager 216.00 LEVEL 15 Project Manager/Sr. Architect 196.00 Environmental Services Manager 196.00 Structural Engineer 196.00 Survey/Mapping/Right-of-Way 196.00 LEVEL 14 Deputy Project Manager 185.00 Task Manager 185.00 Sr. Project Engineer 185.00 Sr. Traffic Engineer 185.00 LEVEL 13 Sr. Engineer/Project Engineer/Project Architect 175.00 Sr. Transportation Planner 175.00 Traffic Engineer II 175.00 Geotechnical Engineer 175.00 Landscape Architect 175.00 Field Survey Coordinator 175.00 Senior Scientist II 175.00 LEVEL 12 Civil Engineer/Architect 166.00 Transportation Planner 166.00 Traffic Engineer 1 166.00 Design Engineer/Architect Job Captain 166.00 Senior Scientist 1 166.00 LEVEL 11 Engineering and Landscape Designer 158.00 Survey Analyst 158.00 Associate Scientist II 158.00 LEVEL 10 Senior Designer 147.00 CAD Technician 147.00 Associate Scientist 1 147.00 LEVEL 9 Design Technician 142.00 CAD Technician/Asst. Engineer 11 142.00 Sr. Project Coordinator 142.00 Project Scientist II 142.00 Assistant Planner 142.00 LABOR CLASSIFICATION HOURLY RATE LEVEL 8 Project Coordinator 137.00 Junior Engineer/Asst. Engineer 1 137.00 Project Scientist 1 137.00 LEVEL 7 Administative Support/Processing/Lab Tech 126.00 Staff Scientist III 126.00 LEVEL 6 Staff Scientist II 121.00 LEVEL 5 Staff Scientist 1 116.00 1-MAN SURVEY CREW 190.00 2-MAN SURVEY CREW 270.00 3-MAN SURVEY CREW 365.00 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of 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. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 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 Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant 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 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." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. A`R o- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/1/2020 8/1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906E 816)960-9000 NAMEACT PHONE FAXAIC No MAILADDRESS: INSURERS AFFORDING COVERAGE NAIC # LIMITS INSURER A: Berkshire HathawaySpecialty Insurance Company 22276 X COMMERCIAL GENERAL LIABILITY a INSURED STANTEC CONSULTING SERVICES INC. 1415077 INSURER 13: Travelers Property Casualty Co of America 25674 INSURER C : 3701NTERLOCKEN BOULEVARD, SUITE 300 BROOMFIELD CO 80021-8012 INSURER D: INSURER E: PREMISES Ea occurrence) $ 1 000 000 INSURER F: CLAIMS -MADE OCCUR UVCtwut,'1 CEKIIFICATE NUMBER: 1F?Z1AR) QCvtelnKI ntnunoD. XrX7 vvv AAMAAA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR I —_AD TYPE OF INSURANCE DL SUBR POLICY NUMBER POLICY EFFMM/DD/YYYYI POLICY EXPMM/DDrfYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY a Y N 47-GLO-307584 5/1/2019 5/1/2020 EACH OCCURRENCE $ 2-0-0-0-1000 PREMISES Ea occurrence) $ 1 000 000CLAIMS -MADE OCCUR X CONTRACTUAL/CROSS MED EXP (Any one person) $ 25,000 X XCU COVERED PERSONAL & ADV INJURY $ 2000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4:000,000 POLICY [ SE a LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: BB AUTOMOBILE LIABILITY Y N TC2J-CAP-8E086819 5/1/2019 5/1/2020 Ea BINEDISINGLE LIMIT $ 1 000.000 B X ANY AUTO TJ -BAP -8E086820 5/1/2019 5/1/2020 TC2J-CAP-8E0870I7 5/1/2019 5/1/2020 BODILY INJURY (Per person) $ XXOWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXXHIRED AUTOSNON- OWNEDONLYAUTOSONLYAUTOSONLY PROPERTY accident) $ XXXXXXX XXXXXXX A X UMBRELLA LIAB X OCCUR N N 47-UMO-307585 5/1/2019 5/1/2020 EACH OCCURRENCE $ 5 000 000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5 000 000DEDIIRETENTION $ XXXXXXX B BANY WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N Y TC2J-UB-8E08592 5/1/2019 5/1/2020 X STATUTE ERH E.L.EACH ACCIDENT $ 1,000,000BPROPRIETOR/PARTNER/EXECUTIVE OFBER EXCLUDED? N / A TRJ-UB-8EO8593 (MA, I) EXCEPT FOR OHND WAWY 5/1/2019 5/1/2020 E.L. DISEASE - EA EMPLOYEE $ 1,000,000MandatoryInNH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1.000.000DESCRIPTIONOFOPERATIONSbelow DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CITY OF SEAL BEACH ON-CALL PROFESSIONAL ENGINEERING SERVICES. CITY OF SEAL BEACH, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGESAREPRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THEGENERALLIABILITY, AND ON THE AUTO LIABILITY AS WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHEREALLOWEDBYSTATELAWANDIFREQUIREDBYWRITTENCONTRACT.RESPECTS THE USE OF VEHICLES OWNED BY STANTEC CONSULTING SERVICESREQUIREDBYWRITTENCONTRACT. INC. IF 16231482 CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8TH STREET SEAL BEACH CA 90740 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV W 19BUt-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A Rte® CERTIFICATE OF LIABILITY INSURANCEDATE IDD"" 10/1/2019 E8/1/2019THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER. THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVEORPRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the Policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s). PRODUCER Lockton Companies CONTACT 444 W. 47th Street, Suite 900 NAME: PHONE Kansas City MO 64112-1906 FAXac No 816)960-9000 ADDRESS: a INSURED fin... q 1414100 STANTEC CONSULTING SERVICES INC. wsuRER B 370 INTERLOCKEN BOULEVARD, SUITE 300 INSURER CBROOMFIELDCO80021-8012 OVERAGES CERTIFICATE NUMBER: 16231484 _ REVISION NUMBER: XXXXXXXTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RADDL SUBRTYPEOFINSURANCE POLICY NUMBER POLICY EFF POLICY EXP COMMERCIAL GENERAL LIABILITY MM/DD/YYYY MM/DD/YYYY LIMITS NOT APPLICABLE EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMA , T ... T n GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- iiia JECTPRO- LOC MED EXP (Any one person) PERSONAL 8 ADV INJURY WORKERS COMPENSATION NOT APPLICABLE PER $ AND EMPLOYERS' LIABILITY Y / N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ ; Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ ; DESCRIPTION OF OPERATIONS below A Professional Liab E.L. DISEASE - POLICY LIMIT $ ; A N N GLOPR1801673 10/1/2018 10/1/2019 $3,000,000 PER CLAIM/AGG B Contractors Pollution Liab NO RETROACTIVE DATE INCLUSIVE OF COSTS DESCRICP08085428 10/1/2017 10/1/2019 $3,000,000 PER LOSS/AGGIONOFOPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: CITY OF SEAL BEACH ON-CALL PROFESSIONAL ENGINEERING SERVICES. Co 16231484 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF, NOTICE WILL BE DELIVERED INACCORDANCEWITHTHEPOLICYPROVISIONS. AUTHORIZED 1988L9015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD OTHER: rHUDUCTS - COMP/OP AGG $ XXXXXXX AUTOMOBILE LIABILITY ANY AUTO NOTAPPLICABLE EaBINdEDISINGLELIMIT $ XXXXXXX OWNED SCHEDULEDAUTOSONLYAUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLYPerr BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX acaden AMAGE $ XXXXXXX XXXXXXXUMBRELLALIABOCCURNOTAPPLICABLE EACH OCCURRENCEEXCESSLIBCLAIMS -MADE ncn AGGREGATE S YY V V V V V WORKERS COMPENSATION NOT APPLICABLE PER $ AND EMPLOYERS' LIABILITY Y / N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ ; Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ ; DESCRIPTION OF OPERATIONS below A Professional Liab E.L. DISEASE - POLICY LIMIT $ ; A N N GLOPR1801673 10/1/2018 10/1/2019 $3,000,000 PER CLAIM/AGG B Contractors Pollution Liab NO RETROACTIVE DATE INCLUSIVE OF COSTS DESCRICP08085428 10/1/2017 10/1/2019 $3,000,000 PER LOSS/AGGIONOFOPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: CITY OF SEAL BEACH ON-CALL PROFESSIONAL ENGINEERING SERVICES. Co 16231484 CITY OF SEAL BEACH 211 8TH STREET SEAL BEACH CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF, NOTICE WILL BE DELIVERED INACCORDANCEWITHTHEPOLICYPROVISIONS. AUTHORIZED 1988L9015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Engineering Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 (949) 923-6000 This Amendment No. 1, dated September 14, 2020, amends that certain agreement (“Agreement”) dated July 22, 2019 by and between the City of Seal Beach (“City”), a California charter city, and Stantec Consulting Services, Inc. (“Consultant”), a New York corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides on-call professional engineering services. B. City and Consultant wish to amend the Agreement for Consultant to provide additional engineering services, and to increase Consultant’s compensation by $200,000.00 for those additional services, for revised total compensation in the not-to-exceed amount of $500,000.00, as provided herein. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement, is hereby amended to add subsection 1.1.1 to read as follows: “1.1.1 Consultant shall provide those additional services set forth in the attached Exhibit A-1 (Consultant’s Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, and/or B, and this Agreement, as amended by Amendment No. 1, Amendment No. 1 to this Agreement, shall control.” Section 2. Section 1.5 of Section 1.0 (Scope of Services) of the Agreement, is hereby amended to read as follows: “1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council in accordance with Section 3.0. Payment for additional work in excess of this amount requires prior City Council authorization.” Section 2. Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended to read as follows: “3.0 Consultant’s Compensation 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibits A and A-1 for Services but in no event will the City pay more than $500,000.00 for the Original Term. 3.2 In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibits A EXHIBIT A-1 Consultant’s Scope of Services – Additional Services August 4, 2020 Attention: Iris Lee Deputy Public Works Director/City Engineer City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 RE: Proposal to Provide On-Call Professional Engineering Services for the City of Seal Beach – Contract Amendment Design with community in mind Dear Ms. Lee: Stantec Consulting Services Inc. (Stantec) appreciates the opportunity to continue providing on-call professional engineering services for the City of Seal Beach (City). Our existing on-call contract amount has been exhausted due to the recent award of the Hellman Ranch Water Main Relining (LCWA) project. We respectfully request our contract be amended by $200,000 for future City projects in accordance with the original term of our contract. Our qualifications and work plan remain the same as described in our original proposal. We are proven and respected professionals who are committed to quickly respond to your needs. Here are a few reasons why we are the best fit for your upcoming projects: • Successful partnering relationships with other local cities and agencies. • Reputation for reliability and well-managed projects. • Ability to deliver cost-effective projects on schedule. • Strong understanding of the on-call process. Mohammad Heiat, PE, will act as the Contract Manager and Principal-in- Charge on all task orders, which will be managed from our Irvine office. The Task Managers will include Jeff Wilkerson, PE, for roadway and site design related task orders, Roger Chung, PE, for drainage related task orders, and Joseph Long, PE, for sewer and water related task orders. Jeff will also serve as the alternate Contract Manager, if necessary. Mohammad is authorized to bind our team to all terms and conditions in your RFP, as well as herein. We look forward to further discussing with you how we can support your important civil/transportation engineering projects. Sincerely, Stantec Consulting Services Inc. Mohammad Heiat, PE Contract Manager/ Principal-in-Charge (949) 923-6962 mohammad.heiat@stantec.com Jeff Wilkerson, PE Alternate Contract Manager/ Task Manager (949) 923-6959 jeff.wilkerson@stantec.com Agenda Item F AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Notice of Completion for FY 19-20 Annual Slurry Seal Program Project CIP ST2001 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7069: 1. Accepting the FY 19-20 Annual Slurry Seal Program Project CIP ST2001 by Doug Martin Contracting Company, Inc. in the amount of $158,821.96; 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. BACKGROUND AND ANALYSIS: The FY 19-20 Slurry Seal Program Project consisted of applying a slurry seal coating to selected streets as identified in the 2018 Pavement Management Program report. On February 24, 2020, the City Council adopted Resolution 6995, and awarded a contract to Doug Martin Contracting Company, Inc., for the Project in the amount of $156,057 and established a construction contingency not-to-exceed amount of $15,605. The Project has been completed to the satisfaction of the City Engineer. The Project was inspected and meets all standards and requirements within the Project specifications. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Page 2 8 3 6 ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (b). LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency totals $171,662. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Base Bid Items $154,929.96 Contract Change Orders $ 3,892.00 Project Cost $158,821.96 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 7069: 1. Accepting the FY 19-20 Annual Slurry Seal Program Project CIP ST2001 by Doug Martin Contracting Company, Inc., in the contract amount of $158,821.96; 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. Page 3 8 3 6 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: Denice Bailey, Assistant Engineer ATTACHMENTS: A. Resolution 7069 B. Notice of Completion RESOLUTION 7069 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY 19-20 ANNUAL SLURRY SEAL PROGRAM PROJECT CIP ST2001 AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the FY 19-20 Annual Slurry Seal Program Project CIP ST2001 (the “Project”) by Doug Martin Contracting Company, Inc. in the amount of $158,821.96 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7069 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2020. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on August 21, 2020. The work was FY19-20 Slurry Seal Program Project CIP No. ST2001. 6. The name of the contractor(s), if any, for such improvement was: Doug Martin Contracting Company, Inc. The date of the Contract Award was February 24, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various citywide locations. Date: _______________ _________________________________________ Director of Public Works, P.E., City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2020, at Seal Beach, California. (Date of Signature) _________________________________________ Director of Public Works, City of Seal Beach Agenda Item G AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Award and Authorize Execution of a Construction Contract with Horizons Construction Company International, Inc., for Beach Yard Perimeter Wall Improvements, CIP BP2002 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7070: 1. Approving the plans, specifications, and contract documents for the Beach Yard Perimeter Wall Improvements, CIP BP2002; and, 2. Approving and awarding a construction contract to Horizons Construction Company Int’l, Inc. in the amount of $64,761.54 to replace the Beach Yard perimeter fencing pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the City Manager to execute the agreement for construction services to Horizons Construction Company International, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $5,000 and inspection services up to $5,000 in connection with the Project in the cumulative not to exceed amount of $10,000. BACKGROUND AND ANALYSIS: The City’s Beach Yard is located in a highly visible location and borders the San Gabriel Bike Trail, 1st Street Parking lot, and the highly anticipated River’s End Park. Staff has determined that the yard’s perimeter fencing is in need of replacement to enhance the location’s screening to the public. As such, the Beach Yard Perimeter Wall Improvements was budgeted into the Capital Improvement Program budget. Staff solicited for a Beach Yard Perimeter Wall Improvements proposal utilizing The Gordian Group EZIQC – Contract#: CA08-SCI-BG03-080719-HCC, as Page 2 8 4 0 permitted by City of Seal Beach Municipal Code Section 3.20.025(D). This code provision contains an exemption from the City’s competitive bidding requirements for purchases made in cooperation with the state, county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. Prices under this cooperative purchasing program are competitively solicited and provides the best overall government pricing. On September 4, 2020, the City received a responsible and responsive bid from Horizons Construction Company International, Inc., (Horizons) in the amount of $64,761.54. The general scope of work includes the following improvements: • Demolition of the existing northerly and westerly fencing. • Construction of a new masonry block wall to the north adjacent to River’s End Park. • Installation of a new vinyl coated chain link fence with a decorative wind screen to the west adjacent to the San Gabriel River Bike Trail. Based on Horizon’s references, qualifications, and previous work experience, staff recommends awarding a construction contract to Horizons Construction Company International, Inc., for the Beach Yard Perimeter Wall Improvements project. Staff further recommends authorizing the City Manager to approve additional work requests up to $5,000 and inspection services up to $5,000, in the cumulative not-to-exceed amount of $10,000. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d). LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: The FY2020-21 Capital Improvement Program budget currently allocates $75,000 for Beach Yard Perimeter Wall Improvements (CIP BP2002). Description Amount Construction $ 64,761.54 Contingency $ 5,000.00 Inspection $ 5,000.00 Total $ 74,761.54 Page 3 8 4 0 Unused funds will be returned back to the original funding sources. 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 7070: 1. Approving the plans, specifications, and contract documents for the Beach Yard Perimeter Wall Improvements, CIP BP2002; and, 2. Approving and awarding a construction contract to Horizons Construction Company Int’l, Inc. in the amount of $64,761.54 to replace the Beach Yard perimeter fencing pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the City Manager to execute the agreement for construction services to Horizons Construction Company International,, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $5,000 and inspection services up to $5,000 in connection with the Project in the cumulative not to exceed amount of $10,000. 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 7070 B. Agreement with Horizons Construction Company International, Inc. RESOLUTION 7070 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC., FOR BEACH YARD PERIMETER WALL IMPROVEMENTS (CIP NO. BP2002) WHEREAS, staff has determined that the City’s Beach Yard perimeter fencing is in need of replacement and has budgeted the Beach Yard Perimeter Wall Improvements (CIP No. BP2002) (“Project”) in the Capital Improvement Program; and, WHEREAS, the City solicited for a proposal for the Project utilizing The Gordian Group EZIQC cooperative purchasing program pursuant to the exemption from competitive bidding requirements as permitted by the City of Seal Beach Municipal Code Section 3.20.025(D); and, WHEREAS, the City received a responsible and responsive bid from Horizons Construction Company International, Inc., in the amount of $64,761.54for the Project; and, WHEREAS, Horizons Construction Company International, Inc., is a qualified firm to perform the Project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the plans, specifications, and contract documents for the Project. Section 2. The City Council hereby approves and awards a construction contract to Horizons Construction Company International, Inc., for the Project in the amount of $64,761.54. Section 3. The City Council hereby authorizes the City Manager to execute the agreement on behalf of the City. Section 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests up to $5,000, and inspection services up to $5,000, in connection with the Project in the cumulative not to exceed amount of $10,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September 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 7070 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September 2020. Gloria D. Harper, City Clerk Page 1 of 13 PUBLIC WORKS AGREEMENT BEACH YARD PERIMETER WALL IMPROVEMENTS PROJECT CIP NO. BP2002 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Horizons Construction Company Int’l, Inc. 432 W. Meats Avenue Orange, CA 92865 (714) 626-0000 This Contract (“Contract”) is made as of September 14, 2020, by and between the City of Seal Beach, a California charter city (“City”), and Horizons Construction Company Int’l, Inc., a California corporation, (“Contractor”). Page 2 of 13 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Beach Yard Perimeter Wall Improvements, CIP BP2002 (“Project”) with respect to design criteria and technical requirements; and B. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City solicited bids for the Project through The Gordian Group EZIQC - Contract #: CA08-SCI-GB03-080719-HCC. C. WHEREAS, Contractor submitted a bid to the City for the Project, dated September 4, 2020, in the amount of $64,761.54 (“Accepted Bid” hereinafter), attached hereto as Exhibit K and incorporated herein by reference, which constitutes the lowest acceptable quotation. The Accepted Bid contains, among other things, provisions defining the Project scope. D. WHEREAS, Contractor is a California licensed “A” General Engineering Contractor and “B” General Building Contractor (State Contractor's license number (License #825022, DIR #1000011017). E. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree 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 complete 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 are the: Accepted Bid, Non-Collusion Declaration, Contractor’s Industrial Safety Record, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening Page 3 of 13 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), Standard Specifiations and Reference Documents (Exhibit H), Non-Collusion Declaration (Exhibit I), Contractor’s Industrial Safety Record (Exhibit J), Accepted Bid (Exhibit K), Sourcewell Indefinite Quantity Construction Agreement (Exhibit L), 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 September 14, 2020 (the “Effective Date”), and shall remain in full force and effect for until a Notice of Completion has been filed with the Orange County Clerk-Recorder, unless sooner terminated or extended pursuant to this Agreement. 3. Contractor’s Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit K for the Work but in no event will City pay more than the total not-to-exceed amount of $64,761.54 (Sixty Four Thousand Seven Hundred Sixty One and 54/100 dollars). Said sum shall constitute payment in full for all Work 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 the 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. 3.2 Additional Work. 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. Page 4 of 13 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 law, the Seal Beach Municipal Code,.and other local laws and by the Sourcewell Indefinite Quantity Construction Agreement (Exhibit L) to perform such Services, including, without 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 Contractor’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 and appointed 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, charges, obligations, damages, actions, causes of action, proceedings, suits, Page 5 of 13 losses, bid protests, stop notices, judgments, fines, penalties, liens, 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, incident to , related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). 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 Page 6 of 13 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 forth 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. 6.3 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 apply 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. Page 7 of 13 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; products 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 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. Page 8 of 13 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, Contractor’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, within two (2) Months of the date of issuance of the Notice to Proceed, 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 $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: Page 9 of 13 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: Horizons Construction Company Int’l, Inc. 432 W. Meats Avenue Orange, CA 92865 Telephone: (714) 626-0000 Attn: Kinan Kotrash 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 Page 10 of 13 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 tthat 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. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 18. Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. Page 11 of 13 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection 20. 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. 21. 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. 22. 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. Page 12 of 13 23. 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. 24. 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. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH By: ___________ _ Jill R. Ingram, City Manager Attest: By: Giera D. Harper, City Clerk Approved as to Form: By: _________ _ Craig Steele, City Attorney CONTRACTOR: Name: Kinan Kotrash Title:~ By:_~ Name: Kinan Kotrash Title: Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) Page 13 of 13 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: BEACH YARD PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002) (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 the 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 thereunder 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: BEACH YARD PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002) (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 Specifications 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 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. 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 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: □ 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. 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 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 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 aggregate 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 Work 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 provided 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 Work 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: BEACH WALL PERIMETER WALL IMPROVEMENTS (PROJECT CIP NO. BP2002) 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, successors, 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, resulting 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 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 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 EXHIBIT H STANDARD SPECIFICATIONS AND REFERENCED DOCUMENTS 1. Standard Specifications for Public Works Construction (“Greenbook”) 2. Construction Specifications Institute (“CSI”) EXHIBIT I NON-COLLUSION DECLARATION NON-COLLUSION DECLARATION FORM [PUBLIC CONTRACT CODE SECTION 7106] The undersigned declares: I am the ______________________ of ____________________, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________ [date], at ___________________________________________ [city], ______________________ [state]. Project Name: Legal Business Name of Bidder Business Address Business Tel. No. Signature: Printed Name: Date: Signature: Printed Name: Date: This form must be notarized. EXHIBIT J CONTRACTOR’S INDUSTRIAL SAFETY RECORD CONTRACTOR’S INDUSTRIAL SAFETY RECORD Bidder’s Name _______________________________________ Current Year of Record 2019 2018 2017 2016 2015 Total Number of contracts Total dollar amount of contracts (in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary--Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title EXHIBIT K ACCEPTED BID Work Order Signature Document EZIQC Contract No.: CA08-SCI-GB03-080719-HCC Seal Beach - Beach Maintenance Yard New Fencing New Work Order 083458.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 09/04/2020 Contractor Name: Contact: Phone: Contact: Phone: Kinan Kotrash (714) 626-0000 Owner Name:CALIFORNIA - City of Seal Beach Iris Lee 562-431-2527 Horizons Construction Co. Int'l, Inc. Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA08-SCI-GB03-080719-HCC. Brief Work Order Description: Remove existing chain link fencing and replace with new fencing and decorative screening. X Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance Work Order Firm Fixed Price: $64,761.54 Owner Purchase Order Number: Approvals Date DateContractorCALIFORNIA - City of Seal Beach 2.00 Page 1 of 1 9/4/2020 Work Order Signature Document 3.00 Detailed Scope of Work Iris LeeKinan KotrashTo:From: Horizons Construction Co. Int'l, Inc.CALIFORNIA - City of Seal Beach 432 W. Meats Ave.211 Eighth Street Orange, CA 92865 Seal Beach, CA 90740 (714) 626-0000 562-431-2527 Work Order Number: September 04, 2020Date Printed: 083458.00 Seal Beach - Beach Maintenance Yard New FencingWork Order Title: Brief Scope:Remove existing chain link fencing and replace with new fencing and decorative screening. Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 083458.00 - Seal Beach - Beach Maintenance Yard New Fencing Detailed Scope of Work ·Demo Appox. 380 LF of existing Chain Link Fencing ·Install 140 LF of 8' High Chain Link Fence with Decorative Wind Screen along San Gabriel Bike Trail ·Auger Dig and Place Concrete and Post Fill for New Chain Link Fence Post ·Install 240 LF 8' Ht Masonry wall with Concrete Footings along the dirt field. ·Prevailing wage rates apply. ·Liquidated damages apply as such: $500/day. Subject to the terms and conditions of JOC Contract CA08-SCI-GB03-080719-HCC. Contractor Date DateCALIFORNIA - City of Seal Beach Page 1 of 1 9/4/2020 Scope of Work 4.00 Contractor's Price Proposal - Summary Owner PO #: Seal Beach - Beach Maintenance Yard New Fencing 083458.00 CA08-SCI-GB03-080719-HCCIQC Master Contract #: Work Order #: Title: Re: September 04, 2020Date: Proposal Value: Contractor: Horizons Construction Co. Int'l, Inc. $64,761.54 $5,270.03Section - 01 $8,005.19Section - 03 $38,294.08Section - 04 $551.35Section - 31 $12,640.89Section - 32 Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $64,761.54 Page 1 of 1 9/4/2020 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail Seal Beach - Beach Maintenance Yard New Fencing 083458.00 CA08-SCI-GB03-080719-HCCIQC Master Contract #: Work Order #: Owner PO #: Title: Re: September 04, 2020Date: Proposal Value: Contractor: Horizons Construction Co. Int'l, Inc. $64,761.54 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Section - 01 01 22 23 00 0401 3,500 LB Mini-Excavator With Full-Time Operator1 $2,241.32DAY Installation =x x 2,241.32 FactorUnit PriceQuantity Total 987.28 1.1351 2.00 Mini Excavator used to Dig and Back Fill for Concrete Footing 01 22 23 00 0401 0070 For Equipment Without Operator, Deduct2 $0.00MOD Installation =x x 0.00 FactorUnit PriceQuantity Total -720.62 1.1351 0.00 01 22 23 00 1370 6 CY Rear Dump Truck With Full-Time Truck Driver3 $2,396.17DAY Installation =x x 2,396.17 FactorUnit PriceQuantity Total 1,055.49 1.1351 2.00 Removing of Dirt Export 01 71 13 00 0002 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes loading , tie-down of equipment, delivery of equipment, off loading on site , rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom manlifts with up to 40' boom lengths, etc. 4 $268.14EA Installation =x x 268.14 FactorUnit PriceQuantity Total 236.23 1.1351 1.00 Delivery and Pick up for Mini Excavator 01 74 19 00 0038 Excavated Dirt Landfill Dump Fee5 $364.40CY Installation =x x 364.40 FactorUnit PriceQuantity Total 11.89 1.1351 27.00 Dirt removed for Concrete Footings $5,270.03Subtotal for Section - 01 Section - 03 03 21 16 00 0067 #4, Grade 60, Footings, Epoxy Coated Steel Reinforcement Bar6 $277.87LF Installation =x x 277.87 FactorUnit PriceQuantity Total 1.02 1.1351 240.00 Concrete Footing Rebar Vertical @ 48" O.C. 03 21 16 00 0067 #4, Grade 60, Footings, Epoxy Coated Steel Reinforcement Bar7 $555.75LF Installation =x x 555.74 FactorUnit PriceQuantity Total 1.02 1.1351 480.00 Concrete Footing Rebar Horizontal 480 LF Page 1 of 3 9/4/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:083458.00 Seal Beach - Beach Maintenance Yard New Fencing Section - 03 03 31 13 00 0023 Concrete Pump, Place 3,000 PSI Concrete Spread FootingsExcludes pumping equipment. 8 $6,631.55CY Installation =x x 6,631.55 FactorUnit PriceQuantity Total 216.38 1.1351 27.00 Place of Concrete for footings Footing size is 2' wided by 1.5' deep x 240 LF = 720 CF / 27 = 27 CY 03 31 13 00 0023 0028 For 3,500 PSI Concrete, Add9 $227.41MOD Installation =x x 227.41 FactorUnit PriceQuantity Total 7.42 1.1351 27.00 03 31 13 00 0023 0040 For >20 To 50, Add10 $312.61MOD Installation =x x 312.61 FactorUnit PriceQuantity Total 10.20 1.1351 27.00 $8,005.19Subtotal for Section - 03 Section - 04 04 05 16 26 0003 Grout Bond Beams And Lintels - 8" Block, Grout Fill Only, 0.20 CF/LF, 8" Deep11 $488.21LF Installation =x x 488.21 FactorUnit PriceQuantity Total 3.91 1.1351 110.00 Grouting of Bond Beams 04 05 16 26 0009 Grout Concrete Block Cores- 8" Block, Grout Fill Block Solid (0.258 CF/SF)12 $3,258.87SF Installation =x x 3,258.87 FactorUnit PriceQuantity Total 5.80 1.1351 495.00 Grout Block Cores =1920 SF x 0.258 = 495 SF 04 05 19 26 0037 #4, Grade 40, Horizontal Placed, Epoxy-Coated Masonry Reinforcement Bar13 $762.79LF Installation =x x 762.79 FactorUnit PriceQuantity Total 1.40 1.1351 480.00 Install Horizontal Rebar for Masonry Wall 04 05 19 26 0049 #4, Grade 50, Vertical Placed, Epoxy-Coated Masonry Reinforcement Bar14 $893.55LF Installation =x x 893.55 FactorUnit PriceQuantity Total 1.64 1.1351 480.00 Install Vertical Rebar for Masonry Wall 04 22 23 29 0005 8" x 8" x 16", Plain Or Scored, Split Face, Concrete Block15 $27,187.92SF Installation =x x 27,187.92 FactorUnit PriceQuantity Total 14.97 1.1351 1,600.00 240LF 8' Ht Split Face Masonry 240' x 8' = 1920 SF 04 22 23 29 0011 8" x 8" x 16", Plain Or Scored, Split Face, Bond Beam Or Lintel Concrete Block16 $5,702.74SF Installation =x x 5,702.74 FactorUnit PriceQuantity Total 15.70 1.1351 320.00 Install 2 Rows of Bond Beams CMU Blocks for Walls = 240 x 2 = 480 LF 480 LF x 8" = 320 SF $38,294.08Subtotal for Section - 04 Section - 31 Page 2 of 3 9/4/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:083458.00 Seal Beach - Beach Maintenance Yard New Fencing Section - 31 31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate , Air Tamper, Etcetera 17 $315.06CY Installation =x x 315.06 FactorUnit PriceQuantity Total 10.28 1.1351 27.00 Compaction of Native Soil for Footings 31 23 16 36 0021 0023 For >20 To 50, Add18 $236.29MOD Installation =x x 236.29 FactorUnit PriceQuantity Total 7.71 1.1351 27.00 $551.35Subtotal for Section - 31 Section - 32 32 31 13 13 0008 8" Diameter Hole, Auger By Machine Fence Post Hole In Soil19 $440.41VLF Installation =x x 440.41 FactorUnit PriceQuantity Total 14.37 1.1351 27.00 Auger down 1.5 Feet 8" Diameter per Fence Post 18 Post 32 31 13 13 0025 8" Diameter, Concrete Fill For Post Hole20 $463.39VLF Installation =x x 463.39 FactorUnit PriceQuantity Total 15.12 1.1351 27.00 Concrete fill for 1.5 Feet 8" Diameter per Fence Post 18 Post 32 31 13 13 0051 8" Diameter, Compacted Earth Fill For Post Hole21 $318.43VLF Installation =x x 318.43 FactorUnit PriceQuantity Total 10.39 1.1351 27.00 Soil Compaction for Fence Post total of 18 post 32 31 13 13 0158 8' Vinyl Cover Chain Link Fence , 9 Gauge Coiled Spring Mesh, Top And Bottom Rails, 2-1/2" Line Post At 10' On Center, 3" Corner Post 22 $8,488.28LF Installation =x x 6,184.93 FactorUnit PriceQuantity Total 38.92 1.1351 140.00 Demolition x x = 2,303.34 5.34 1.1351 380.00 Install 8 ft High 350 LF of Chain Link Fencing 32 31 13 13 0158 0159 For Powder Coated Framework (Posts, Rails, Hardware), Add23 $570.50MOD Installation =x x 570.50 FactorUnit PriceQuantity Total 3.59 1.1351 140.00 32 31 13 13 0158 0168 For Posts 8' On Centers, Add24 $338.49MOD Installation =x x 338.49 FactorUnit PriceQuantity Total 2.13 1.1351 140.00 32 31 13 13 0251 Vinyl Coated Polyester Windscreen For Fence, 7 Oz Per SY25 $2,021.39SF Installation =x x 2,021.39 FactorUnit PriceQuantity Total 1.59 1.1351 1,120.00 140 LF x 8' Ht = 1120 SF of Decorative Wind Screen $12,640.89Subtotal for Section - 32 Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $64,761.54 Page 3 of 3 9/4/2020 Contractor's Price Proposal - Detail Subcontractor Listing 083458.00 Seal Beach - Beach Maintenance Yard New Fencing CA08-SCI-GB03-080719-HCCIQC Master Contract #: Work Order #: Owner PO #: Title: Re: September 04, 2020Date: Proposal Value: Contractor: Horizons Construction Co. Int'l, Inc. $64,761.54 %DutiesName of Contractor Amount No Subcontractors have been selected for this Work Order 0.00$0.00 6.00 Page 1 of 1 9/4/2020 Subcontractor Listing EXHIBIT L SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 1 INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: CA08-SCI-GB03-080719 GEOGRAPHIC AREA: State of California - Region 8 – Southern Coastal and Interior This Agreement dated August 28, 2019, by and between Sourcewell (Formerly NJPA) and Horizons Construction Company Int'l Inc. at the following address, 432 W Meats Avenue, Orange CA 92865 hereinafter referred to as the CONTRACTOR. WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A.Contract Documents: This Agreement; the IFB Documents as issued (Book 1 - Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC); Book 4 - Technical Specifications; and Addenda thereto); all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase Order Proposals, etc.) issued hereunder. B.The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any Project, including supplemental technical specifications referenced therein, shall govern. C.The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233- 9100. D.The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice@EZIQC.com or via facsimile to (864) 233-9100. ARTICLE 2. SCOPE OF WORK A.The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 2 B.Each Purchase Order developed in accordance with this Agreement will be issued by an individual Sourcewell Member. The Purchase Order will require the Contractor to perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. C.It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A.This Agreement is an indefinite-quantity contract for construction work and services. The Estimated Annual Value of this Agreement is $4,700,000. This is only an estimate and may increase or decrease at the discretion of Sourcewell. B.The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors: TO BE ENTERED BY SOURCEWELL: a.Normal Working Hours Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1351 (Specify to four (4) decimal places) b.Other Than Normal Working Hours Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1784 (Specify to four (4) decimal places) c.Normal Working Hours-OSHPD and Secured Areas: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2649 (Specify to four (4) decimal places) d.Other Than Normal Working Hours-OSHPD and Secured Areas: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2973 (Specify to four (4) decimal places) DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 3 e.Non Pre-priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1.2108 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A.This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional one- year renewal extension may be offered by Sourcewell to Contractor beyond the original three-year term if Sourcewell deems such action to be in the best interests of Sourcewell and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Agreement at any time. B.All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A.Sourcewell selected The Gordian Group’s (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian’s proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by Sourcewell and Sourcewell Members. The Contractor’s use, in whole or in part, of Gordian’s IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for Sourcewell and Sourcewell Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A.Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian’s contract with Sourcewell, whichever is shorter, a non-exclusive right, privilege, and license to Gordian’s proprietary IQCC System and related proprietary materials (collectively referred to as “Proprietary Information”) to be used for the sole purpose of executing Contractor’s responsibilities to Sourcewell and Sourcewell Members under this Agreement (“Limited Purpose”). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian‘s IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian’s contract with Sourcewell expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B.Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any DocuSign Envelope ID: 8A9C5A77-C4B8-4861-AAEC-EE245CF16B1B AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT 4 C.portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. D.Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney’s fees. E.In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: Sourcewell Authorized Signature Print Name Contractor Authorized Signature Print Name Contract Number: CA08-SCI-GB03-080719-HCC Kinan Kotrash - Vice-President Jeremy Schwartz-Director of Operations & Procurement/CPO DocuSign Envelope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eptember 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Set Public Hearing Date for the Water and Sewer Rate Study ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7071 setting the Water and Sewer Rate Study Public Hearing Date for November 23, 2020. BACKGROUND AND ANALYSIS: City Water Utility The City’s water utility is funded entirely by fees it receives from the water ratepayers, as charged on the bimonthly utility bills sent to customers. This utility is an enterprise fund, meaning no revenue is received through City taxes. The water rate that customers and residents pay on their utility bill must fund all operating costs, infrastructure investments, and cash reserve funds for the City’s water utility. Water rates are evaluated as part of the development of the City’s annual budget to ensure anticipated projected water revenues are sufficient to cover all costs associated with operating the City’s water system. The City’s last comprehensive water rate study and rate adjustment was approved in 2010. The results of this study implemented a total of four annual water rate adjustments with the last increase occurring in FY2014. Water rates have not been increased since 2014. Currently, the City’s water rates are among the lowest in Orange County. However, the water utility revenues from rates last increased in 2014 are no longer sufficient to cover water system operating costs, resulting in an operating deficit in the Water Fund. Increased costs are thus driving the need for water rate adjustments based on the following: The total average annual citywide water demand since 2014 has been 3350 acre-ft. The rate study shows that costs to supply this amount of water are now approximately $800,000 more expensive than it was in 2014. Looking out over the next 5 years that cost to supply water will continue to increase and thus continue to adversely impact O&M costs. In addition to water supply costs, the City’s increased costs of personnel, treatment chemicals, and infrastructure repairs associated with water system operations have all continued to rise over the last six years. 8 4 3 There is a critical need to make improvements to water infrastructure to ensure system reliability. The City plans to invest an average of $3.28 million per year, over the next 5 years, starting in FY 2021, totaling $16.4 million. Many of these critical projects have been placed on hold pending sufficient funding but can no longer be deferred. Increased water revenues alone will not solve the issue of funding CIP costs over the next 5 years. The City will need to consider the issuance of $12 million in outside financing to help fund the 5-year CIP program. The current water rates do not generate sufficient revenue to meet bond coverage requirements, further necessitating an adjustment to water rates. Given these increasing revenue needs, and the fact that rates have remained the same since 2014, the City concluded that a water and sewer rate study was needed. This also provided an opportunity to evaluate the City’s current rate structure and make needed structural changes by implementing “textbook” rate setting principles to increase fairness and equity that is consistent with Proposition 218. Raftelis Financial Consultants (Raftelis) was awarded a professional service agreement to prepare the City of Seal Beach Water, and Sewer Utility Rate Study at the November 12, 2019 City Council meeting. As part of this comprehensive Rate Study effort, Raftelis was charged with developing five year financial plans, Cost of Service Analyses, new rate designs, and Customer Impact and Sensitivity Analyses for the water and sewer utility enterprise funds. At the conclusion of these water and sewer rate studies and analyses, a final Rate Study Report will be prepared in accordance with Proposition 218 requirements. In conjunction with staff, Raftelis completed these detailed study analyses as described above. An overview of the draft results and recommendations was incorporated into a PowerPoint presentation that was presented at the August 10, 2020 City Council Meeting. A copy of this presentation is provided as Attachment B. The final Water and Sewer Rate Study Report is scheduled to be completed and made available for public review in early October. This Report will help inform the public and City Council’s consideration of the proposed rate adjustments. The current City water rate structure is proposed to be changed to be more consistent with current industry practices. Current practices emphasize rates based on actual uses and increasing costs of supplying water to heavier users. The new structure groups water customers by the following customer classes: Single Family Residential (SFR), Multifamily Residential (MFR), Commercial, Irrigation, and City. The City‘s current rate structure is based on customer meter size. This new rate structure will result in a more fair and equitable approach and is consist with current rate setting practices. Other new water rate structure changes include: 8 4 3 Adjusting the tier widths within SFR to better align with average annual SFR water use. Creating a new MFR customer class with the 2nd tier water rate threshold being adjusted depending of the number of dwelling units at a particular address. Establishing a uniformed water rate for the Commercial, Irrigation, and City customer classes. It should be noted that this new rate structure will also allow the City to more readily comply with the State’s recently enacted water conservation laws that will require all public water purveyors to establish an annual water budget and may impose fines should a public water purveyor exceed their allotted annual water supply budget. The State will be requiring annual water use data report showing compliance in traditional customer classes which this new rate structure will be implementing. The new rate structure fairly and equitably incentivizes conservation. The required water utility revenue increases over the next 5 fiscal years are shown in the table on the following page. These proposed revenue increases were developed by projecting revenue and expenses and assessing if revenue was sufficient to cover costs and include the cost associated with the issuance of a $12 million debt instrument to fund necessary capital improvements. Proposed Water Enterprise Fund Revenue Increases FYE 2021 FYE 2 022 FYE 20 2 3 FYE 2024 FYE 2025 Jan 1, 2021 Jul y 1, 2021 Jul y 1, 2022 Jul y 1, 2023 Jul y 1, 2024 14.0%12.0%8.0%8.0%8.0% It must be emphasized that these proposed water revenue adjustments are not the same as customer bill impacts. The table above shows only the amount of increased revenue needed for the water utility as a whole. A cost-of-service analysis has been used to determine how to fairly and equitably distribute the cost to operate the water utility among the various water customer classes which ultimately determines individual customer class water rates. The Single Family Residential (“SFR”) customer class represents almost 90% of the City’s total water customer accounts. Based on the new water rate structure the projected single family residential impact is shown in the table below. The table below shows that over 70% of single family residential customers will see an increase of $10 or less in their bi-monthly bill (less than $5 per month) once the proposed new rate structure takes effect on January 1, 2021. The proposed subsequent four annual water rate increase starting in July 1, 2022 as shown in the table above will further increase water rates directly proportional to the percentage proposed for that fiscal year. 8 4 3 The Table below shows the impact on the water portion of the customer’s bill once the new proposed water rate structure takes effect in January 1, 2021. Note:The large bill impacts at the top of the table likely the result of data base anomalies such as customer misclassifications. Additional water rate impact details categorized by customer class can be viewed on slides 22 through 27 of the attached copy of the August 10, 2020 Water and Sewer Rate Study Overview Presentation. City Sewer Utility The City’s sewer utility is also an enterprise fund, meaning no revenue is received through City taxes. The sewer rates that customers and residents pay on their utility bill must fund all operating cost and infrastructure investments for the City’s sewer system. Sewer rates are evaluated as part of the development of the City’s annual budget to ensure anticipated projected revenues are sufficient to cover all costs associated with operating the City’s sewer system including funding the capital improvement program, and maintaining the sewer utility cash reserve funds. The City’s last sewer rate adjustment was approved in October of 2005. This rate adjustment retained a longstanding variable fee of 22% of the total bi- monthly water bill and established a fixed fee component that increased annually over a 12-year period starting in FY 2004-05. The last of these sewer rate adjustments were in July 2016 and has remained unchanged since then. These fees were imposed to pay for capital improvements which largely have been completed. Rafetelis’ Rate Study scope of services also included a comprehensive Sewer Utility Rate analyses. An overview of the draft results and recommendations of Raftelis’ sewer rate study analyses have also been incorporated into the attached PowerPoint presentation that was presented at the August 10, 2020 City Council Meeting. The final Water and Sewer Rate Study Report is scheduled to be completed and made available for public review in early October. The final report Single Family Residential 8 4 3 will help inform the publics and City Council’s consideration of the proposed rate adjustments. The current sewer rate structure is being changed to be more consistent with current industry practices regarding rate setting. Major changes to the sewer rate include establishment of fixed fees based on estimated maximum use, not meter size. In addition, a volumetric charge applied to estimated actual use is being implemented. This proposed sewer rate structure is more equitable and more accurately reflects the cost of service for each customer class. The primary goal of the 2005 sewer rate increase was to raise sufficient funds to address failing sewer system infrastructure. Subsequently, a revenue bond in the amount of $3.3 million was issued in 2011 to further help fund the sewer capital improvement program. Since the 2005 rate increase, a majority of the sewer capital projects have been completed and the sewer utility has accumulated sufficient funds for anticipated future CIP projects. With these capital funding goals having been met and reserve targets currently being exceeded, a one-time sewer enterprise fund revenue decrease of 25% is proposed in FY21 with no other sewer utility revenue adjustments proposed through FY25. As noted previously, the proposed revenue adjustment decrease will be distributed to the various customer classes based the cost-of-service analysis which determines how to fairly and equitably distribute the cost to operate the sewer utility amongst the various water customer classes. The Single Family Residential (“SFR”) customer class represents over 90% of the City’s total sewer customer accounts. The net effect of the new sewer rate structure will be a reduction in the bi-monthly sewer bill for almost all SFR customers as shown in the table below. Single Family Residential 8 4 3 Additional sewer rate impact details categorized by customer class can be viewed on slides 39 through 42 of the attached copy of the August 10, 2020 Water and Sewer Rate Study Overview Presentation. Combined Water and Sewer Bill Impacts Based on the Seal Beach Water and Sewer Rate Study analyses, if the proposed water and sewer rates are approved, the combined bi-monthly water and sewer bill will result in a decrease for the majority for SFR customers in 2021 as a result of the new water rate structure and sewer rate structure taking effect on January 1, 2021. The table below shows that the anticipated combined SFR utility bi- monthly bill charge will vary dependent on a customer’s actual water usage as illustrated below. The proposed new water and sewer rate structures and corresponding rates take effect in January 1, 2020. Once in place the subsequent water rate percentage increases proposed for July 1, 2021, July 1, 2022, July 1, 2023,July 1, 2024, and July 1, 2025 will be applied directly to each customer class rate directly. Other than the initial sewer rate decrease that takes effect on January 1, 2021 there will be no additional sewer rate changes through fiscal year 2024-25. Additional combined water and sewer impact details categorized by customer class can be viewed on slides 43 through 46 of the attached copy of the August 10, 2020 Water and Sewer Rate Study Overview Presentation. Effective Dates of Proposed Rate Adjustments The effective dates of the proposed water and sewer rate adjustments are: FY 2021 - January 1, 2021 FY 2022 - July 1, 2021 FY 2023 - July 1, 2022 FY 2024 - July 1, 2023 FY 2025 - July 1, 2024 FY 2020-21 Combined Single Family Water and Sewer Bill (Effective January 1, 2020) Agenda Item H Proposition 218 Protest Hearing Procedure Water and sewer rate increases are subject to Proposition 218’s public hearing and majority protest procedures. If the City Council directs staff to initiate the Proposition 218 process and set a public hearing, the public will receive a detailed mailed notice of the public hearing, and of their right to submit a protest of the rate adjustment by a certain date. The City Clerk is responsible for tabulating the written protests received during the 45-day protest period. The City Clerk will report on the number of written protests received up to the time of the hearing. The Mayor will open the public hearing to receive additional written and oral protests. Property owners must provide their tax parcel identification numbers, so that an accurate tally can be made. At the conclusion of the public hearing, the City Clerk will tabulate any additional protests. The final tabulation may take a few minutes, depending on the number of protests received at the hearing. The City Clerk will then report on the total number of protests received. If according to the final tabulation of the protest, protests submitted against the water rate increases exceed more than 50% of all the parcels in the City, a majority protest exists and the City Council shall not impose the increase in water rates. If the final tabulation is less than 50% of all the parcels in the City, the City Council would proceed to take action to implement the water rate increases effective January 1, 2021, and then on July 1 for each year from 2121 through 2024. The public hearing is scheduled to be held on November 23, 2020. Next Steps In order to adjust water and sewer utility rates, the City must comply with Proposition 218 notice and hearing requirements. Following the September 14, 2020 City Council action, if directed to do so, Raftelis will finalize the Water and Sewer Financial Rate Report, prepare the Notice of Public Hearing, and mail the Notice of Public Hearing 45 days prior to the proposed November 23, 2020 Proposition 218 protest hearing date. Proposed dates for completing the rate adjustment process are: Complete Water and Sewer Rate Study Financial Report October 5, 2020 Mail and publish Notice of Public Hearing October 5, 2020 Hold Community Workshops October, TBD Hold public hearing; approve rates November 23, 2020 New water and sewer rate effective date January 1, 2021 Page 8 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Water Utility As noted previously in this staff report the required water utility revenue increases, as a percentage increase of the current projected revenue of $4,728,763 over the next 5 fiscal years are shown in the table below including the corresponding projected increased total Water Utility revenues. These proposed revenue increases were developed by projecting revenue and expenses and assessing if revenue was sufficient to cover costs. The proposed revenue increases also includes the cost associated with the issuance of a $12 million debt instrument. Proposed Water Enterprise Fund Reserve Increases FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Effective Revenue Adjust Date Jan 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 July 1, 2025 Prop. Annual Revenue Adjustment 14%12%8.0%8.0%8.0% Total Projected Water Revenue $5,059,77 7 $6,037,68 5 $6,520,70 0 $7,042,35 6 $7,605,74 5 Sewer Utility The table below on the following page shows a one-time 25% Sewer Utility revenue decrease being proposed followed by no additional increases through FYE 2025. This revenue reduction, based on the current annual revenue projection of $2,740,486, is being recommended since capital funding goals established in 2005 have been met and the sewer utility cash reserves are very heathy. Proposed Sewer Enterprise Fund Revenue Increases FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Effective Revenue Adjust Date Jan 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 July 1, 2025 Prop. Annual Revenue Adjustment <25%>0%0%0%0% Total Projected Sewer Revenue $2,055,36 4 $2,055,36 4 $2,055,36 4 $2,055,36 4 $2,055,36 4 Page 9 STRATEGIC PLAN: The City of Seal Beach’s Strategic Plan includes a goal of ensuring that water and sewer rates, as well as street sweeping and tree trimming fees, are properly set to provide the appropriate level of revenue and meet cost-of-service requirements. Completion of this Water and Sewer Rate Study contributes to this goal. 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 7071 directing staff to initiate the Proposition 218 process, and setting the Water and Sewer Rate Study Public Hearing Date for November 23, 2020 SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7071 B. Utility Rate Adjustment Presentation, August 10, 2020 RESOLUTION 7071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DIRECTING STAFF TO INITIATE THE PROPOSITION 218 PROCESS AND SETTING A PUBLIC HEARING RELATING TO WATER RATES AND SEWER RATES FOR NOVEMBER 23, 2020 AT 7:00 P.M. WHEREAS, the City of Seal Beach has a Water Utility that provides water to residents and businesses; and, WHEREAS, the City of Seal Beach has a Sewer Utility that provides wastewater collection services to residents and businesses; and, WHEREAS, the City’s Water Utility’s operational costs, which represent the expenses associated with the daily operation of the water system, have increased substantially since the City’s last rate adjustment in January of 2014, and are estimated to continue increasing significantly; and, WHEREAS, the schedule of water rates currently established for the customers of water through the water system of the City of Seal Beach is not adequate to meet the increased operating costs associated with the delivery of water to its customers without incurring operating deficits; and, WHEREAS, Raftelis Financial Consultants (Raftelis) was awarded a professional service agreement to prepare a comprehensive Water and Sewer Utility Rate Study at the November 12, 2019 City Council meeting; and, WHEREAS, the scope of the Water and Sewer Rate Study included development of five year financial plans, Cost of Service Analyses, new rate designs, Customer Impact and Sensitivity Analyses, and a final Rate Study Report for both the water and sewer utility enterprise funds; and, WHEREAS, the current City water rate structure and sewer rate structure is proposed to be changed to be more consistent with current industry practices and result in a more fair and equitable approach to assess rates on the various customer classes, consist with current rate setting practices; and, WHEREAS, an overview of the draft Water and Sewer Rate Study analyses results and recommendations were incorporated into a PowerPoint presentation that was presented at the August 10, 2020 City Council Meeting and Raftelis is preparing a final Rate Study Report about the potential increases; and, WHEREAS, in order to increase rates, the City must comply with Article XIIID of the Constitution, more commonly known as Proposition 218. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby directs staff to initiate the Proposition 218 majority protest process for water and sewer rate adjustments and sets a Public Hearing relating to proposed changes to water rates and sewer rates for November 23, 2020 at 7:00 p.m. in the City Council Chambers or such electronic setting as may be dictated by the current public health emergency. Section 2. The Council hereby authorizes the City Manager to notify the public as required by law. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of September, 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 7071 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September, 2020. Gloria D. Harper, City Clerk City of Seal Beach Water and Wastewater Rate Study August 10, 2020 Terms You Will Hear •Cost of Service – Utility’s cost to provide water service to each customer class based on demands they place on utility •Customer Class – Residential, Commercial, City, and Irrigation •Fixed Charge – Amount charged by meter size. Does not vary by water use •hcf – Common billing unit used to charge for water in California. hcf = 100 cubic feet = 748 gallons •Meter Size – Meters track water usage at the property. Size determined by its supply line. Most residential meters are ¾” •Rate – Amount charged per unit of water •Rate Structure – Rates and charges applied to various customer classes •Rate Study – Process of determining proposed future water rates •Tiered Rate Structure – Pricing water so that cost per unit increases as consumption increases •Uniform Rate Structure – Charging same amount per unit of water used, regardless of how much water is used •Volumetric Rate – Amount charged per unit of water use. Measured in hcf by City. 1.A Quick Preview of Bill Impacts for SFR (87% of customers) 2.Rate Study Background 3.Water System •Water Financial Plan •Proposed Water Rate Changes and Rates •Water Bill Impacts 4.Wastewater System •Wastewater Financial Plan •Proposed Wastewater Changes and Rates •Wastewater Bill Impacts 5.How Total Water and Sewer Customer Bills are Affected - combined Water and Wastewater Bill Impacts 6.Next Steps 3 Agenda This Photo by Unknown Author is licensed under CC BY-NC Combined Water and Sewer, Single Family Residential (SFR), ¾” Meter •Average SFR customer bill will go down •>80% of SFR combined Water & Sewer Bills will stay the same or go down •Due to a decrease in sewer bills 4 Bi-Monthly Water Use (hcf) Total Proposed Charge Total Current Charge Difference ($) Approximate % of 3/4" SFR Customers 5 $87.11 $103.11 -$16.00 17% 10 $103.77 $116.72 -$12.94 16% 15 $122.77 $130.32 -$7.54 19% 20 $138.71 $143.92 -$5.21 17% 25 $157.29 $157.52 -$0.23 11% 81% of customers 5 Rate Study Background 2019 Rate Study •Consistent with City’s Strategic Plan goal: ›Ensure that water and sewer rates are properly set to provide the appropriate level of revenue ›Utility Rates meet cost-of-service requirements and be equitably distributed over the customer base •Solicited proposals from nationally recognized utility rate setting firms and selected Raftelis: ›National firm specializing in Water and Wastewater financial planning, rate setting, public outreach and IT for Utilities ›120+ Staff Consultants ›Raftelis project staff have worked on hundreds of water and wastewater rate studies in CA ›Local water and wastewater projects include City of Orange, Lakewood, Long Beach, Huntington Beach, Signal Hill, Newport Beach, Mesa Water District, Trabuco Canyon Water District to name a few 6 Why Water Rate Changes Are Needed 7 •Last water rate increase was the beginning of FY2014 •City’s costs to provide water service are rising •Fund critical water infrastructure repair and replacement capital costs projects ›City plans to invest an average of $3.86 million per year, over the next 5 years, starting in FY 2021 ›Total cost of the planned five year CIP is $19.2 million ›Issuance of a $12 million bond will be required •Implement rate structure changes to increase fairness and equity in accordance with Prop 218 requirements Water, Sewer, and Trash vs CPI 8 Across the country Water, Wastewater and Trash rates are rising faster than normal goods/services. Source: https://data.bls.gov/timeseries/CUSR0000SEHG 9 $579 $701 $744 $794 $847 $890 $923 $942 $979 $1,050 $1,078 $1,104 $1,137 $1,182 $1,240 $249 $249 $253 $266 $273 $294 $322 $402 $445 $462 $487 $502 $534 $574 $615 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 MWD $/AF OCWD $/AF Water Supply Costs (Acre-Feet) Water Supply Cost Increase $1.1 $1.9 0.0 0.5 1.0 1.5 2.0 FY14 FY20Millions Water Purchase Cost Increase Water Purchase Cost Based on 3350 AF Annual Demand 11 Water Enterprise Financial Health What Is Funded By The Water Rates You Pay •City’s water utility is funded entirely by the money it receives from the water rates on utility bills sent to customers •City’s water utility is an enterprise fund—it does not receive money from taxes •The water rates you pay on your utility bill fund all the operating costs and the infrastructure investments for the city’s water system Water Financial Health Without Revenue Changes 13 Proposed Revenue Increases 1.Developed by projecting revenue and expenses and assessing if revenue was sufficient to cover costs 2.Costs include O&M, capital, debt and reserve planning 3.Assumes $12M debt issuance to fund capital in FY 2023 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Jan 1, 2021 July 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 14.0%12.0%8.0%8.0%8.0% 14 Proposed Cash Reserve Policies •City has no formal reserve policies for the Water Enterprise •Purpose of reserves are to: ›Provide sufficient cash on hand to cover short -term operating costs ›Provide sufficient funding to quickly and efficiently award construction contracts ›Mitigate financial risk of potential asset failure ›Enhance credit rating for more cost-effective debt financing options •Raftelis’ recommended reserve policy ›Operating reserve target: 90 days of operating cash on hand ›Capital reserve target: 1 year of annual average CIP 15 Water Financial Plan with Revenue Increase 16 -300% -150% 0% 150% 300% 450% 600% -10% -5% 0% 5% 10% 15% 20% FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Revenue Adjustments & Debt Coverage Revenue Adjustments Debt Coverage Coverage Alert Required Coverage -$5 $0 $5 $10 $15 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsOperating Financial Plan Operating Expenses Rate Funded Capital Debt Net Cashflow Current Revenue Proposed Revenue $0 $1 $2 $3 $4 $5 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsCapital Funding Sources Debt Funded Rates/Reserves Funded Total CIP $0 $1 $2 $3 $4 $5 $6 $7 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsAll Reserves Total Reserve Balance O&M and Capital Reserve Target Minimum Operating Reserve West OCB Loan does not have a debt covenant. 17 Water Rate Changes Current Rate Structure hcf = 100 cubic feet = 748 gallons 18 Water Capital Fund Fixed Charge Residential Bi-monthly (Includes Multi-family Accounts)Leisure World All Meter Sizes $ / hcf Capital Fund Fixed Charge 5/8" - 3/4"$37.86 Tier 1 0 - 26 hcf $2.23 12"$788.86 1"$47.89 Tier 2 26+ hcf $2.88 1 1/2"$72.97 Tier 1 0 - 45,490 hcf $2.23 2"$103.06 Commercial Bi-monthly Commercial Bi-monthly Tier 2 45,490 + hcf $2.88 3"$183.32 5/8 - 3/4"4" 4"$273.60 Tier 1 0 - 26 hcf $2.25 Tier 1 0 - 686 hcf $2.25 City Volumetric Rate 6"$524.39 Tier 2 27+ hcf $2.81 Tier 2 687+ hcf $2.81 All Water Use $2.42 8"$825.34 1"6" 10"$1,176.45 Tier 1 0 - 43 hcf $2.25 Tier 1 0 - 1,941 hcf $2.25 12"$1,577.72 Tier 2 44+ hcf $2.81 Tier 2 1,942+ hcf $2.81 1 1/2"8" Tier 1 0 - 88 hcf $2.25 Tier 1 0 - 4,951 hcf $2.25 Tier 2 89+ hcf $2.81 Tier 2 4,952+ hcf $2.81 2"10" Tier 1 0 -205 hcf $2.25 Tier 1 0 - 7,117 hcf $2.25 Tier 2 206+ hcf $2.81 Tier 2 7,118+ hcf $2.81 3"12" Tier 1 0 -420 hcf $2.25 Tier 1 0 - 45,490 hcf $2.23 Tier 2 421+ hcf $2.81 Tier 2 45,491+ hcf $2.88 Proposed Water Rate Structure Why the Proposed Changes? •Traditional rate setting groups customers by class (SFR, MFR, Commercial, Irrigation, etc.) instead of meter size because customers in each class tend to use water similarly. ›e.g., 1” commercial customer has constant use throughout the year whereas 1” irrigation customer has summer peaking periods. They use water very differently. We set rates based on how customers use water. •State Water Conservation Policies (SB 606 and AB 1668) will require each water provider to calculate water budget by June 2022. ›Possible fine for providers that do not meet budget by 2027. ›Smaller Tier 1 (17 hcf instead of 26 hcf) will incentivize conservation to make sure Seal Beach stays within its budget. •Fixed charges are being calculated in proportion to American Water Works Association hydraulic capacity factors – the industry standard for setting fixed charges. Thus, the fixed charge increase for larger meters. 19 Proposed Water Rate Structure (Cont.) •Single Family Residential (SFR) ›No change to structure, but a change to the tier widths to better align with average water use ›Tier 1 = average yearly water use for SFR account (17 hcf). This is average indoor and outdoor water use for the average home. •New Multi-Family Residential (MFR) class with tiers by dwelling unit . ›Quadplex would get 4 x 17 = 68 units in Tier 1. ›This is more equitable for large MFR customers. •Commercial ›Uniform Rate; commercial customers generally have much lower irrigation needs. •Irrigation ›Uniform Rate; created because this class has the highest peak summer water use •City ›Uniform Rate 20 Proposed Water Rate Structure 21 Meter Size Bi-monthly Fixed Charge Single Family Residential Bi-Monthly 5/8"$37.37 All Meter Sizes $/hcf 3/4"$37.37 Tier 1 0 - 17 hcf $2.63 1"$55.56 Tier 2 18+ hcf $2.78 1.5"$107.63 2"$162.76 Multi-family (Tiers are per dwelling unit) 3"$289.49 All Meter Sizes $/hcf 4"$481.69 Tier 1 0 - 17 hcf $2.63 6"$948.41 Tier 2 18+ hcf $2.76 8"$1,516.96 10"$2,171.28 All Meter Sizes $/hcf 6" - Leisure World (Monthly)$474.20 Commercial $2.64 Irrigation $2.70 City $2.67 Leisure World - Same as Multi-family Fixed Charges Volumetric Charges Commercial, Irrigation and City have uniform volumetric rates. Two new customer classes: Multi-Family Residential & Irrigation Single Family, Multi- Family, and Leisure World have tiered volumetric rates. 22 Water Bill Impacts Single Family Residential Bill Impacts 23 •Most large bill impacts are likely not SFR customers but MFR customers (classification errors) Bi-monthly SFR Water Bill Impact No. of Customers $120 6 $70 2 $60 - $50 21 $40 11 $30 - $20 1,054 $10 1,568 $5 1,413 -$50 1 Total Customers 4,076 Multi-Family Residential Bill Impacts, All Meters 24 •The large impacts shown at the top are for a large apartment complex which will see large sewer decreases to offset the overall bi-monthly bill impacts Bi-monbthly MFR Water Bill Impact No. of Customers $500 5 $250 8 $100 17 $50 13 $40 11 $30 3 $20 78 $10 85 $5.0 38 $0.0 2 Total Customers 260 Commercial Bill Impacts, All Customers 25 •Uniform volumetric rate Bi-monthly Commerical Water Bill Impact No. of Customers $5.0 1 $0 3 -$25.0 170 -$50.0 76 -$100 10 -$250.0 3 -$500.0 1 Total Customers 264 Monthly LW Water Cost Per Apartment Average Use Billing Units (HCF) Used Current Cost /Month Current Cost/Apt Proposed Cost /Month Proposed Cost /Apt Change Per Apt Per Month Monthly Min HCF 19,486 $ 44,243 $ 6.70 $ 51,722 $ 7.83 $ 1.13 Monthly Average HCF 39,198 $ 88,199 $ 13.35 $ 103,564 $ 15.67 $ 2.33 Monthly Max HCF 53,302 $ 124,730 $ 18.88 $ 140,695 $ 21.29 $ 2.42 Tier 2 Break Point 56,168 NA NA NA 6608 Residential Apartments Irrigation •Irrigation is a new customer class created from Commercial, City, and Residential irrigation accounts to account for how this class uses water. •Classes are based on peaking characteristics and Irrigation has a different peaking factor compared to other classes. •About 50 - 2” meters •Uniform volumetric rate 27 28 Wastewater Enterprise Financial Health Current Wastewater Rate Background •A Sewer Rate increase was last issued in 2005 •Implemented a series of fix fee increases (aka capital charge) over 10 years ending in 2016 ›Primary goal was to raise revenue to repair the failing sewer infrastructure •$3.3 million Sewer Revenue Bond issued in 2011 to fund sewer capital projects •Sewer CIP reserve targets met 29 Wastewater Financial Health Without Revenue Changes 30 Proposed Revenue Decrease •Sewer enterprise has ample reserves for a one-time revenue decrease •City reaches its reserve targets within 5 years 31 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Jan 1, 2021 July 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 -25%0%0%0%0% Wastewater Financial Plan with Revenue Decrease 32 -200% -150% -100% -50% 0% 50% 100% 150% 200% 250% 300% -30% -10% 10% 30% 50% FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025 Revenue Adjustments & Debt Coverage Revenue Adjustments Debt Coverage Required Coverage Coverage Alert -$4 -$2 $0 $2 $4 $6 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsOperating Financial Plan Operating Expenses Rate Funded Capital Debt Net Cashflow Current Revenue Proposed Revenue $0 $2 $4 $6 $8 $10 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsAll Reserves Total Reserve Balance Minimum Operating Reserve O&M and Capital Reserve Target $0 $1 $1 $2 $2 $3 $3 FYE 2021 FYE 2022 FYE 2023 FYE 2024 FYE 2025MillionsCapital Funding Sources Debt Funded Rates/Reserves Funded Total CIP 33 Wastewater Rate Changes Current Bi-monthly Sewer Rate Structure •How Sewer Customers are billed: •Residential, Commercial, and City Sewer Service Charge is currently 22% of (Water Service Charge + Water Capital Charge) + Sewer Capital Charge •75% of current sewer revenue ($2M of $2.7M) is collected by the Sewer Capital Charge 34 Residential Capital Charge 5/8"$43.32 3/4"$43.32 1"$59.88 1.5"$110.26 2"$173.46 3"$1,228.60 4"$2,055.54 Commerical Capital Charge 5/8"$47.26 3/4"$47.26 1"$102.38 1.5"$133.88 2"$535.54 3"$1,480.62 4"$2,669.84 6"$3,772.42 8"$7,875.62 10"$7,875.62 Why Are Wastewater Rate Structure Changes Needed? •The proposed rate structure is more equitable •Rate structure does not charge in proportion to meter size, but charges in proportion to estimated sewer flow. ›e.g., park with 2” meter may only have a small bathroom; the rest of water use is for irrigation and does not go into the sewer. •Industry moving away from meter size as estimate of potential sewer use. 35 Proposed Sewer Rate Structure 36 Customer Class Proposed Bi- Monthly Fixed Charge Proposed Bi- monthly Billing & Customer Service Charge Proposed Bi- Monthly Volumetric Charge ($/hcf) Single Family $31.91 $1.17 Multi-family $0.81 $3.83 Commercial $0.81 $3.83 City $0.81 $3.83 •Residential (SFR) sewer flow = minimum water use during the year (minimum billing cycle) •Total SFR Sewer Charge = Flat Charge + lowest billing cycle use (hcf) x $ Volumetric Rate ($/ hcf) •SFR sewer use has a minimum and cap (4 hcf and a 24 hcf cap, bi-monthly) •All other customers sewer bills vary every billing cycle = Bi-monthly fixed charge + Sewer Rate ($ / hcf) x water use x return to sewer (RTS) factor. •RTS = 100% for MFR, 90% for Commercial and 50% for City. Leisure World Calculation •Leisure World currently does not pay sewer charges even though it discharges sewage through a City-owned pipe connected to the Orange County Sanitation District. •Raftelis and City Staff assessed an equitable rate based on the cost to maintain/replace the pipe and LW’s proportionate share of sewer flow: ›Proposed rate is the capital cost of the sewer pipe ($1M) serving Leisure World divided by 80 years (i.e., the expected life) plus yearly O&M ›Pipe cost is prorated for Leisure World’s contribution to sewer flow (95%) •Leisure World’s fixed monthly sewer charge: ›$79.17 for O&M (95% of $1,000) ›$1,019.25 for capital maintenance/replacement of sewer pipe (95% of $1M / 80 yrs) ›TOTAL: $1,098.42 per month 37 Navy Sewer Calculation Sewer—charged monthly •Navy represents roughly: ›5.4% of total miles of sewer pipe collection system ›15.2% of total sewer flow •Annual capital cost x 5.4% x 15.2% = $10,812 •Annual O&M cost x 5.4% x 15.2% = $808 •TOTAL annual sewer charge = $10,812 + $808 = $11,620 39 Wastewater Customer Bill Impacts Sewer Single Family Residential (SFR), All Customers 40 SFR Bi-monthly Sewer Bill Impact No. of Customers $5.0 3 $2.5 9 $0 118 -$5 502 -$10 1,126 -$15 1,781 -$25 489 -$50 36 -$100 11 -$200 0 Total Customers 4,075 Multi Family Residential (MFR), All Customers 41 Bi-monthly MFR Sewer Bill Impact No of Customers $650 4 $250 14 $100 11 $75 17 $50 28 $25 62 $0 17 -$5 25 -$15 23 -$25 32 -$50 14 -$100 8 -$250 1 -$500 2 -$1,200 2 Total Customers 260 Commercial, All Customers 42 Bi-monthly Commerical Sewer Bill Impact No. of Customers $1,650 3 $1,000 2 $750 7 $500 10 $250 15 $100 10 $50 10 $25 11 $0 176 -$500 11 -$1,000 3 -$2,000 6 Total Customers 264 43 Estimated Combined Water and Wastewater Bill Impacts Combined Water and Sewer, Single Family Residential (SFR), ¾” Meter •Average SFR customer bill will go down •>81% of SFR combined Water & Sewer Bills will stay the same or go down due to a decrease in sewer bills. 44 Bi-Monthly Water Use (hcf) Total Proposed Charge Total Current Charge Difference ($) Approximate % of 3/4" SFR Customers 5 $87.11 $103.11 -$16.00 17% 10 $103.77 $116.72 -$12.94 16% 15 $122.77 $130.32 -$7.54 19% 20 $138.71 $143.92 -$5.21 17% 25 $157.29 $157.52 -$0.23 11% 81% of customers Combined Water and Sewer, Multi-family Residential (MFR), Fourplex, 1” Meter 45 •Shows a typical 4-plex which is most common for a 1” meter •Bill impacts will depend on how much water each customer uses Bi-Monthly Water Use (hcf) Total Proposed Charge Total Current Charge Difference ($) Approximate % of 1" MFR Customers 16 $140.56 $161.84 -$21.28 30% 20 $162.56 $172.72 -$10.15 9% 25 $191.03 $186.32 $4.70 13% 30 $215.66 $203.10 $12.56 10% 35 $244.12 $220.66 $23.46 10% 73% of customers Combined Water and Sewer, Commercial, 1” Meter •1” is the most common commercial meter size •Bill impact depends on water use 46 Bi-Monthly Water Use (hcf) Total Proposed Charge Total Current Charge Difference ($) Approximate % of 1" Commercial Customers 8 $105.07 $182.77 -$77.70 33% 12 $129.42 $193.75 -$64.33 11% 16 $153.76 $204.73 -$50.96 7% 25 $208.55 $229.43 -$20.88 11% 35 $269.42 $256.88 $12.54 12% Next Steps Seek Council approval to set the Public Hearing Date at the September 13th City Council Meeting 48 Utility Rate Study Schedule Aug. 10 – Water and Sewer Rate Study Update Sep. 14 – City Council sets public hearing date Oct. 14 – Community workshops begin (3) Nov. 23 – City Council Public Hearing Jan.1, 2021 – New rates become effective 49 End of Presentation Questions? Agenda Item I AGENDA STAFF REPORT DATE:September 14, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Philip L. Gonshak, Chief of Police SUBJECT:Seal Beach Police Detention Center Reclassification and Department Reorganization Plan ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7072, approving the reclassification of the Seal Beach Detention Center to a Temporary Holding Facility, and authorizing the City of Seal Beach to complete an internal reorganization of the Police Department including: 1. Two Police Commanders retitled to Police Captains; and 2. Conversion of two Police Sergeants to Police Lieutenants positions; and 3. Promotion of one Police Sergeant; and 4. Promotion of one Police Corporal; and 5. Purchase of one police motorcycle; and 6. Authorization for one additional Police Officer to motorcycle assignment to include specialty incentive pay (5%); and 7. Temporary over hire of one Police Officer (Senior Community Services Officer to Police Recruit) to prepare for impending 2021 retirement; and 8. Reclassification of Senior Community Services Officer – Court Liaison to Police Civilian Investigator; and 9. Promotion of Community Services Officer – Records to Senior Community Services Officer grade; and 10. Authorization for the addition of one Crossing Guard position; and 11. The creation of a Grant Funded Police Canine Program; and 12. Return any unused funds into the City’s General Fund; and 13. Authorize the City Manager to execute on behalf of the City all necessary changes of positions, salary, and equipment associated to the plan. BACKGROUND AND ANALYSIS: In an effort to address the nation’s call for police reform, the City of Seal Beach Police Department conducted an internal assessment of all staffing responsibilities. In doing so, the Police Department was able to determine some areas of deficiency. This staff report seeks to address these areas and reform Page 2 8 3 7 the Seal Beach Police Department to best serve the needs of the City of Seal Beach and the community. Detention Center Reclassification It is undeniable the Seal Beach Police Detention Center (SBPDC) has been a point of contention since its adoption in 2008. While the Police Department has always been grateful for the detention facility, and the help it provides in returning officers as quickly as possible back into the field, a review of the finances over the past several years indicates a drastic and trending increase in expenditures, with an overall decrease in revenues (primarily caused by the COVID-19 virus). After much consideration and exploration of alternative options, it appears irresponsible to continue with current jail operations when an alternative option exists that proves more beneficial to the department as a whole. Although a more complete explanation can be found in Attachment B: Seal Beach Police Detention Center Reclassification Plan, this conversion would reclassify the facility from a Type 1 Jail Facility to a Temporary Holding/Jail Facility, meaning there would no longer be residential inmates in the jail. Rather, arrests in the field would be transported, booked, photographed, and fingerprinted at the detention center before being released with either a citation or transported to the Orange County Jail in Santa Ana. Inmates that require detoxification would still be held until considered sober, then similarly released with a citation or transported to the Orange County Jail. Under this proposal, the police department would eliminate one out of the six authorized Senior Community Services Officer (SCSO) positions assigned to the detention center, and retain five whose primary duty would remain the Detention Center. However, it is not anticipated that Detention Center duty would be full time responsibilities. The remaining five SCSOs, when not serving as Detention Officers, will be assigned to work throughout the organization for other departmental needs to maximize their value to the organization. It should be noted that one of the SCSOs currently assigned to the detention center was recently selected for a Police Recruit position, and is scheduled to begin at the end of September, thus vacating the SCSO position that would be eliminated under this proposal. This Police Recruit is intended to be trained as a replacement for planned retirements in the near future. These SCSOs would continue working in the detention center facility in an as- needed capacity. Their current shift schedule would remain the same and when the detention center is unoccupied (no street arrests), they would serve the organization in other severely understaffed bureaus, including Parking Enforcement, Traffic Control, Records, Property & Evidence, and/or temporarily in the Office of the Chief of Police due to the vacant Executive Assistant position. This plan will not impact the wages, hours or terms of conditions of employment of existing employees. In accordance with the plan outlined in Attachment B, the process for reclassification can begin immediately upon City Council approval. Commencement would begin with formal notification to the US Marshals and the Page 3 8 3 7 termination of various jail-related contracts. Due to staffing shortages, there are currently no federal inmates, and due to COVID-19 restrictions, we have been unable to accept any new pay-to-stay or work furlough inmates in our dormitory population. Therefore, this reclassification can be completed within approximately three weeks. The proposed reclassification of the SBPDC and funds saved would offset any costs associated with the proposed reorganization of the Seal Beach Police Department. Police Department Reorganization Prior to the recommendation to reclassify the Seal Beach Police Detention Center (SBPDC), the police department has internally struggled with professional staffing shortages and inadequate organizational structure. After nine months since being promoted to Police Chief, Chief Gonshak has conducted and prepared a full analysis of the organizational structure and is now proposing a complete reorganization to fulfill staffing voids and create greater efficiency and effectiveness amongst all department bureaus. Although a more extensive explanation for each change is presented in the Department Reorganization Plan (Attachment C), a summary of the proposed changes are as follows: The existing two (2) Police Commanders (Operations and Support) would be retitled to two (2) Police Captains (Operations and Support), restoring them to the rank of Police Captain that existed prior to 2014. This would be a title change only and would not be supplemented with any salary changes. This classification seeks to better categorize their duties and assignments and aligning the recommended chain of command structure. Similarly, some of their minor tasks would be redistributed and delegated to a position more commensurate to that of a Police Lieutenant within their same chain of command. The Police Lieutenant position, which also existed prior to 2014, would be reinstated. This will once again allow the department to operate using the traditional and more effective multi-layered management hierarchy of Chief- Captain-Lieutenant-Sergeant-Corporal-Officer. The proposal seeks to convert two (2) existing Police Sergeant positions to two (2) Police Lieutenant ranks at a minimal cost. Ultimately, this change will allow streamlined communication within the chain of command and will address the challenges of in-field supervision that the department is currently experiencing. Additionally, the change will evenly distribute the many necessary administrative duties our Patrol Sergeants are now handling. In turn, the four (4) other Police Sergeants assigned specifically to the Patrol Bureau can then be out in the community performing patrol functions, rather than inside the station performing what would normally be administrative Lieutenant tasks. One Police Sergeant vacancy will then be available to serve as the Emergency Operations Coordinator (EOC). In years prior, the EOC position has been filled with a Police Corporal; however, this position would be much better served by Page 4 8 3 7 the more experienced command of a Sergeant. The EOC position is also primarily responsible for overseeing all of the police volunteer programs and associations, where over 100 volunteer members participate in these groups, in addition to the responsibility of emergency planning and management. A Police Corporal vacancy would then be available as a result of the EOC Corporal to Sergeant promotion and the current EOC Corporal position would be reassigned to the patrol bureau. This Patrol Corporal position has been vacant since the EOC position was vacated by a professional staff member and has been filled with a Patrol Corporal since 2014. An additional police motorcycle would be purchased and a patrol officer will be selected for a special assignment to join the Traffic Bureau. This is critical, as our most frequently noted concerns from the community derive from traffic related issues. Furthermore, this additional police motor officer will allow the department to expand on traffic safety and focus on traffic related issues throughout the entirety of the City, including Leisure World. In alignment with the Citywide Succession Plan, and to prepare for impending police officer retirements in the near future, Chief Gonshak is proposing to temporarily over hire one police recruit/officer, bringing the total number of sworn police officer positions to 39. The proposed over hire will be a police recruit position, the lowest paid police position, and it will take roughly one year for the recruit to be fully independent as a police officer. Currently, two officers are expected to retire within the next 12-18 months. This temporary over hire will ensure the police department is prepared for the transition of these expected retirements and lessen the impact on patrol staffing. This temporary over hire will not result in a permanent additional police officer, and upon anticipated retirements, the number of sworn officer staffing will return to a total of 38. The singular Community Services Office (CSO) position would be promoted to the same pay grade and rank as the other SCSO positions, as all job duties and responsibilities of the current CSO will now be in alignment with the SCSO position. This would intentionally eliminate the singular CSO position, which has been out of class for several years. This same SCSO will then be performing several other assigned functions as the redistributed SCSO’s from the jail will be handling, including the Detention Officer, Parking Enforcement, Traffic Control, Records, Property & Evidence, and Office of the Chief of Police. The SCSO - Court Liaison position would then be reclassified to a newly established Police Civilian Investigator (PCI), a position that has been successfully integrated at several other agencies within Orange County. The PCI will retain many of the responsibilities of the Court Liaison position but would also be tasked with serving many of the same functions as Detectives, while at a significantly reduced cost. This will prove especially vital during the summer months, when the Community Oriented Policing (COP) team is assigned to Beach Patrol, and unable to augment the Detective Bureau. Page 5 8 3 7 To ensure the safety at McGaugh Elementary School, one additional Crossing Guard would be added. This additional part-time position has been requested by the Parent Teacher Association (PTA), McGaugh families, and by the former McGaugh principal, Roni Ellis to increase student safety during school hours. These proposed changes would also include the implementation of a grant funded Police Canine Program, as a result of the Council-approved acceptance of a $50,000 grant from the Seal Beach Police Foundation. From November 2017 – July 2020, the Seal Beach Police Department documented, through dispatch records, the use of a police canine for an approximate total of 50 incidents. This only includes the number of times the canine unit was requested, was on duty, and was able to respond but does not capture the possible instances where a canine would have been used, but was unavailable. Also not included are the instances in which it would have been beneficial to utilize a canine, but extended response times from outside agency canines would have meant that officer safety was sacrificed or compromised for increased efficiency. Aside from the above benefits that this program would bring to patrol operations, a police canine program would also benefit McGaugh Elementary School, both staff and students, through education of police procedures, community policing, and relationship building. This missing complement to our existing personnel can assist with not only criminal apprehension and officer safety, but community education and partnerships. The actualized cost for the reorganization of the department would come from savings associated with the reclassification of the Seal Beach Police Detention Center and the Seal Beach Police Foundation’s police canine grant. In summary, the Police Department’s Executive Command Staff has worked collaboratively to seek police reform by reclassifying the Seal Beach Police Detention Center and reorganizing the police department’s internal structure. To ensure these changes were supported internally, the Police Officers Association (POA), the Police Management Association (PMA), and Police Department staff members of the Orange County Employees Association (OCEA) have agreed to fully support Chief Gonshak’s proposals. Lastly, Chief Gonshak believes both proposals are in the best interest of the Police Department, the City, McGaugh Elementary School, and most importantly, the Seal Beach community as a whole. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. Page 6 8 3 7 FINANCIAL IMPACT: If the Detention Center Reclassification and Police Department Reorganization are approved, the total estimated cost savings once all recommended changes are implemented is $166,176. This savings would not be realized all at one time, but would be realized as each phase of the implementation occurs. The cost analysis for each item is shown in Attachment H. It should be noted that the City engaged Dixon Resources to assist in estimating the amount of parking and citation revenue that would be generated if these items are approved. A recent projection by Dixon Resources found that four (4) SCSOs assigned to the Traffic and Parking Bureau, when not serving their primary role, could produce an estimated $470,000 in additional revenue. STRATEGIC PLAN: This item is applicable to the Strategic Planning goal of retaining qualified employees and provides an avenue for both sworn and professional staff development and succession planning. MEASURE BB: This item is applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure, as it directly seeks to provide additional police services to the City of Seal Beach. RECOMMENDATION: That the City Council adopt Resolution 7072, approving the reclassification of the Seal Beach Detention Center to a Temporary Holding Facility, and authorizing the City of Seal Beach to complete an internal reorganization of the Police Department including: 1. Two Police Commanders retitled to Police Captains; and 2. Conversion of two Police Sergeants to Police Lieutenants positions; and 3. Promotion of one Police Sergeant; and 4. Promotion of one Police Corporal; and 5. Purchase of one police motorcycle; and 6. Authorization for one additional Police Officer to motorcycle assignment to include specialty incentive pay (5%); and 7. Temporary over hire of one Police Officer (Senior Community Services Officer to Police Recruit) to prepare for impending 2021 retirement; and 8. Reclassification of Senior Community Services Officer – Court Liaison to Police Civilian Investigator; and 9. Promotion of Community Services Officer – Records to Senior Community Services Officer grade; and 10. Authorization for the addition of one Crossing Guard position; and 11. The creation of a Grant Funded Police Canine Program; and Page 7 8 3 7 12. Return any unused funds into the City’s General Fund; and 13. Authorize the City Manager to execute on behalf of the City all necessary changes of positions, salary, and equipment associated to the plan. SUBMITTED BY: NOTED AND APPROVED: Philip L. Gonshak Jill R. Ingram Philip L. Gonshak, Chief of Police Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7072 B. Seal Beach Police Detention Center Reclassification Plan C. Department Reorganization Plan D. Detention Center Financial Review E. Current Hierarchical Matrix F. Proposed Hierarchical Matrix G. Dixon Resources Revenue Projection H. Fiscal Analysis I. Comparative Salary Schedules for Police Civilian Investigator position J. Comparative Salary Schedules for Police Lieutenant position K. Detention Center Proposed Floorplan RESOLUTION 7072 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE RECLASSIFICATION OF THE SEAL BEACH DETENTION CENTER AND THE REORGANIZATION PLAN FOR THE SEAL BEACH POLICE DEPARTMENT AS SET FORTH WHEREAS the City of Seal Beach will no longer maintain a facility to house Federal Inmates, Pay-to-Stay inmates, Work Furlough Inmates, or any type of inmates for an extended period of time. WHEREAS the Seal Beach Police Department will use this facility as a temporary holding facility for processing arrestees located in or around the City of Seal Beach. WHEREAS the employees related to the detention center will work alongside with Records, Parking, and/or the Office of the Chief of Police, and assist when needed during the course of an arrest and/or transportation of an arrest to a full-time holding facility, thus allowing police officers to remain available for service to the community. WHEREAS Police Department staff have recommended to the City Manager and City Council an internal reorganization to fill staffing voids and create greater efficiency and effectiveness among department bureaus. WHEREAS this reorganization is in the best interest of the Police Department, the City of the Seal Beach, McGaugh Elementary School, and most importantly the Seal Beach community as a whole. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the reclassification of the Seal Beach Detention Center from a Type 1 facility into a temporary holding facility. Section 2. City Manager is authorized to execute the reclassification of the facility, re-assign certain employees to other duties, terminate jail-related contracts consistent with their terms, and make other associated changes to implement the reclassification plan. Section 3. The City Council hereby approves the City of Seal Beach, Police Department reorganization plan including: A. Return titles of existing Police Commanders to Police Captains. B. Conversion of two existing Police Sergeant positions to two Police Lieutenant positions as described in the plan. 5 3 8 5 C. Promotion of one Police Sergeant. D. Promotion of one Police Corporal. E. Purchase one police motorcycle F. Assign one additional officer to a .motorcycle assignment with special incentive pay. G. Temporarily over-hire one Police Officer position. H. Promote Community Services Officer – Records to Senior Community Services Officer grade. I. Reclassify Senior Community Services Officer – Court Liaison to Police Civilian Investigator, as described in the plan. J. Add one Crossing Guard position. K. Approve the creation of a Grant Funded Police Canine Program. L. Return any fund savings into the City’s General Fund. Section 4. The Council hereby directs the City Manager to execute on behalf of the City all necessary changes of positions, salaries, and equipment associated to the plan and take other steps deemed necessary to implement the reorganization plan. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the September 14, 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 APPROVED AS TO FORM: ___________________________ Craig A. Steele, City Attorney 5 3 8 5 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 7072 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of September, 2020. Gloria D. Harper, City Clerk Running Head: Detention Reclassification Plan Seal Beach Police Detention Reclassification Plan Philip L. Gonshak Chief of Police Seal Beach Police Department Presented to: Jill Ingram, City Manager September 14, 2020 Detention Reclassification Plan 1 INTRODUCTION This document serves to address the recommendation to reclassify the Seal Beach Police Department’s Detention Center (SBPDC) from a “Type I” Jail Facility to a “Temporary Holding” Facility (THF). The proposal will outline the recommendation, history, and the steps necessary for implementation of the conversion. Additionally, we seek to begin the process of reclassification as quickly as practical and are prepared to move forward with a formal City Council proposal, if necessary, at the first opportunity. Detention Reclassification Plan 2 Recommendation In evaluating the Seal Beach Police Department’s organization and current resources, we have reached an extremely difficult, yet fiscally responsible conclusion regarding the detention facility. After assessing the growing expenditures and overall finances, coupled with improvement needs, it is our recommendation that the detention facility be converted from a Type I Jail to a Temporary Holding Facility (THF) Jail effective immediately. In a THF Jail, the operation runs only on an “as needed” basis when an in-field arrest occurs. The existing personnel would continue to serve as Senior CSOs with other duties “as assigned” all the while still providing 24/7 THF Jail coverage. This THF Jail coverage will still be necessary to ensure an officer is not removed from the field for these duties. However, when not serving in a detention officer capacity, each of these Senior CSO employees would serve in other departmental bureaus, maximizing their value to the organization and city. History of SBPDC It is undeniable that the SBPDC has been a point of contention with citizens since its adoption in 2008. While the Police Department has always been grateful for the detention facility, and the help it provides in returning officers as quickly as possible back into the field, a review of the finances over the past several years indicates a trending increase in expenditures, with an overall decrease in revenues. Alternatives & Closure: Since being appointed to the Chief of Police on December 1, 2020, I have spent an inordinate amount of time deliberating this topic and attempted to work with the Support Services Commander and Detention Center Supervisor(s) to find other plausible revenue producing ideas, without sacrificing the safety of both the community and our staff. Several of these suggestions included increasing pay-to-stay fees for inmates, increasing amenities as an incentive to increase inmates, contract services, and even cross county regionalization. Ultimately, increasing the costs would most likely drive away potential inmates and therefore would not increase revenues, and increasing amenities would result in additional costs without a guaranteed measure for future cost recovery. Although the contract service with the US Marshals is bringing revenue, the liability risks outweigh the benefits. Additionally, for the US Marshals contract to prove cost effective, the inmate population would have to be tripled, which in turn would require more staff, making the venture fiscally null. After speaking with police departments with which we have joint MOU’s, a jail regionalization project is not in their fiscal interests. Detention Reclassification Plan 3 Booking fee recovery, or the collection of a fee charged to each person arrested, upon conviction and with court ordered payments was also researched. For example, several years ago the booking fee system was enhanced, in the hopes that revenue would be increased, but time restraints do not allow for a fully functional system of recovery. As an example and for reference, the Garden Grove Police Department has one full time employee whose position is specifically dedicated to the booking fee recovery, as it is quite time consuming. Lastly, due to COVID-19 concerns, we are currently unable to accept any incoming pay-to-stay and/or work-furlough inmates (our highest revenue earners), for the safety of current US Marshal inmates as well as the safety of our employees. It is unknown how long the pandemic will last, and therefore unknown if and when that revenue source will be available again. Types of Detention Facilities: The Board of State and Community Corrections (BSCC) of California defines a local detention facility as any city, county, city and county, or regional jail, camp, court holding facility or other correctional facility, whether publicly or privately operated, and court holding facility used for the confinement of adults or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors (per Title 24). As defined in Title 15, there are nine different types of local detention facilities: Type I, Type II, Type III, Type IV, Court Holding, Temporary Holding, Camp, Juvenile Hall, and Special Purpose Juvenile Hall. For the purposes of this memorandum, Type 1 and Temporary Holding Facilities will be the only focus of this analysis. A Type I Facility is defined as a local detention facility used for the detention of persons usually pending arraignment for not more than 96 hours, excluding holidays, after booking. Such a Type I facility may also detain persons on court order either for their own safe-keeping or sentenced to a city jail as an inmate worker, and may house inmate workers sentenced to the county jail provided such placement in the facility is made on a voluntary basis on the part of the inmate. A Temporary Holding Facility is defined as a local detention facility constructed after January 1, 1978, used for the confinement of persons for 24 hours or less pending release, transfer to another facility or appearance in court. The current functions of the SBPDC are both that of a THF and a Type I. When an officer makes an arrest, detention staff process, book, cite and/or transport all individuals associated with that arrest (temporary holding). Additionally, the Detention Center provides custody and care for contract City, County, State, and Federal prisoners serving sentences or awaiting Detention Reclassification Plan 4 relocation as well as sentenced inmates who were pre-approved to serve their sentence as a Pay- to-Stay or Work Release/Furlough inmate with GPS monitor (Type I). Reclassification Proposal Conversion to THF: After consulting the California Board of State and Community Corrections (BSCC) Facility Standards Inspector, the process to convert a Type I Jail into a Temporary Holding Facility simply requires a letter sent from the Chief of Police indicating that the Police Department Detention Facility is to be reclassified as a Temporary Holding Facility, instead of a Type I Facility, with a designated effective date. Upon receipt of this letter, the facility will be considered immediately reclassified and no other steps are necessary. As indicated above, the definition of a Temporary Holding Facility for Title 24 and 15 standards and oversight apply to any facility constructed after January 1, 1978. The Seal Beach Detention Center was constructed in 1973. Since 2002, there have been upgrades to the single and double cells, but no upgrades to the holding and sobering cells. Therefore, if the Seal Beach Detention Center was reclassified to a Temporary Holding Facility, it would not be subject to BSCC oversight, inspection, or training standards. However, it would be in the best interest of the Seal Beach Detention Center, and City of Seal Beach, to continue to submit to voluntary inspections and have all employees who work in the facility adhere to training requirements. This would be necessary to limit detention facility liability in the event of an incident that required a BSCC audit and to ensure we are maintaining best practices. Employees: Under the proposed conversion and reclassification from a Type I Jail to a Temporary Holding Facility, the SBPDC would be used and operated on an “as needed” basis when in field arrests occur. As mentioned in the Matrix Police Services Study, the consultant incorrectly believed that the addition of one police officer was enough to fully staff the detention facility for Type III jail needs. What the consultant failed to take into consideration were Orange County practices and several Title 15 requirements, including intoxicated arrestees, transport times, and that one police officer works three shifts, when there are 14 – 12 hour shifts in a week. This point was addressed during the Police Department’s August 20, 2019, town hall presentation on the Police Services Study. During this presentation, we explained the department would need to add five police officers in order to properly staff a Type III jail facility, as to not severely interrupt or impair patrol efforts. This was of course also taking into consideration that the City eliminates all six of our existing professional staff positions. Instead, we propose that we eliminate one out of the six Senior Community Services Officer (CSO) positions assigned to the detention center, Detention Reclassification Plan 5 and retain the remaining five to be redistributed throughout the organization for other departmental needs, when not serving as a detention officer, maximizing their value to the Department. These Senior CSOs would continue working in the jail facility in an as-needed capacity. Their current shift schedule would remain and when the jail was unoccupied (no arrestees), they would serve the Department in other functions in severely understaffed bureaus such as Traffic Control, Parking Enforcement, Records, and Property & Evidence, and/or the Office of the Chief of Police: 1) Parking/Traffic Bureau – Currently there is no parking enforcement and/or traffic control assistance available during nighttime hours. Having this service available at night, would assist patrol officers with vehicle tows, traffic accidents and/or parking complaint issues 24/7. A recent projection by Dixon Resources (attached under the DRP Staff Report) found that by reallocating four employees during their “down” time, up to $470,000 could be produced in increased revenue. 2) Records Bureau – As a result of the increase in police officers over the 18 months, the records bureau has become backlogged existentially. Currently there is no records staff available during nighttime hours. Having this service available at night, would assist patrol sergeants at the police station with citation sign-offs, overnight vehicle permits, impounded vehicle releases, and report preparation 24/7. Additionally, to assist with any THF needs throughout all shifts, the following Professional Staff would be trained in both their assignments and all THF operations. Again, this will allow for a broad spectrum of trained individuals who can assist and work in the detention facility should the need occur and reduce the likeliness of overtime needs: -1 Lead CSO assigned to Traffic Services -2 Senior CSOs assigned to Traffic Services -1 Senior CSO assigned to Property and Evidence -1 CSO assigned to the Records Bureau (for consistency and as described in the Departmental Reorganization Plan – DRP, this position would reclassified to a Senior CSO) -7 Part-Time Police Aides By reallocating these positions when the jail is not occupied, and cross-training a number of other existing employees, we would be maximizing our resources while not accruing any additional costs, aside from minimal additional training needs. Detention Reclassification Plan 6 Lastly, the sergeant position currently assigned to the detention facility would be promoted to the position of lieutenant (as described in the DRP) and would need to continue overseeing all detention/THF operations with the added responsibility of supervising the Emergency Services Coordinator/Corporal (this Corporal will then be converted to a Sergeant position as described in the DRP), the Records Bureau, Parking and Evidence, and the Traffic and Parking Bureau within the Support Services Bureau. Contract Terminations: The Seal Beach Police Department’s Detention Center has contracts with the United States Department of Justice (DOJ)/United States Marshals Service, Aramark, Homewav (video phone), Satellite Tracking of People (Work Furlough GPS), a Medical Nurse Service, and a Medical Doctor Service. The contracts have been reviewed to ensure timely notices can be provided in accordance with the contractual obligation. The US DOJ/US Marshals Service agreement can be terminated for any reason with written notice at least 30 calendar days in advance of termination, unless an emergency situation requires the immediate relocation of Federal detainees (Page 3 of Agreement Number 12-09-0020). The Aramark agreement can be terminated at any time by providing written notice not less than 90 days prior to the effective date of termination (Page 5 of Document # 243103 v4 Matter # 49191). The Homewav agreement was effective 8/21/2018 with an initial term of 5 years (expiring in 2023). Per the Homewav Director of Business Development, our agreement is unique to their company as they typically contract with county jails or state prisons and our agreement does not have a significant financial incentive. He will inquire with their CEO about early termination and advise how to proceed. The Satellite Tracking of People LLC/VeriTracks agreement was effective 6/9/2008 with an initial term of 1 year and renewal on the anniversary of the effective date for succeeding periods of one year each. There is no financial requirement or maintenance fee related to the leased equipment and the Department is only billed when the equipment is used. Therefore, this service would be terminated immediately. The Medical Nursing Services agreement with “Cheryl Pitt” can be terminated at any time and without cause by giving written notice and specifying the effective date thereof, at least 15 days Detention Reclassification Plan 7 before the effective date of termination (Page 5 of Agreement S7296-0001\1013251v1). The Medical Doctor Services agreement with “David R. Bloom” can be terminated at any time and without cause by written notice and specifying the effective date thereof, at least 7 days before the effective date of such termination (Page 5 of Agreement S7296-001\1022061v6). Timeline: Week 1: September 14, 2020 to September 20, 2020 Terminate Contract with US Marshals Service – effective in 30 days or sooner if necessary due to inadequate staffing (due to staffing shortages, there are presently no inmates) Cancel all Pay-to-Stay programs. Due to COVID 19 all pay-to-stay programs are currently suspended and the last pay-to-stay inmate was released the facility on August 4th, 2020. Terminate Contract with Aramark – effective in 90 days Week 2: September 21, 2020 to September 27, 2020 Reclassification of the above listed 12 employees Fulfill 8 hour training requirements for 12 employees and begin shadow shifts for hands on learning Week 3: September 28, 2020 to October 4, 2020 Terminate Contract with Nursing Services – Effective in 15 days Terminate Contract with Doctor Services – Effective in 7 days Transition from Type I to Temporary Holding Facility – Immediately Training As previously mentioned, if and when we reclassify the SBPDC to a THF, the facility would technically be exempt from BSCC oversight due to the date on construction. However, for best practice and liability concerns, it is our recommendation we continue to adhere to all training requirements by the BSCC and BSCC Facility Standards Inspector. Detention Reclassification Plan 8 Pursuant to Title 15 Section 1020, in addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment. The Corrections Officer Core Course is a 224 hour training course and the only personnel who are authorized to work in the Type I detention facility are those personnel who have completed the Corrections Officer Core Course, or intend to complete the course within the year. Pursuant to Title 15 Section 1024, custodial personnel who supervise inmates in, and supervisors of, a Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to: (a) applicable minimum jail standards; (b) jail operations liability; (c) inmate segregation; (d) emergency procedures and planning, fire and life safety; and, (e) suicide prevention. Training should be completed as soon as practical, but not more than 6 months after date of assigned responsibility. A total of 8 hours of refresher training must be completed once every two years. Title 15 Section 1027 requires that “whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in the event of an emergency. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall be immediately available and accessible to such females.” Facilities: Under the proposed reclassification of the detention center, several portions of the current facility become obsolete for use in a THF Jail. These areas are marked on Attachment K: Detention Center Proposed Floorplan. Should we choose to reclassify the SBPDC, the indicated areas are no longer necessary for detention use. Because of this, the Police Department would repurpose these rooms for a variety of other needs, without any major renovations or outfitting necessary. The options for repurposing include but are not limited to department storage space, training rooms, and or a sleeping dormitory for officers who are held over for AM court after working the PM shift prior. As with most city departments, storage is a continuous difficulty that the Police Department faces, and utilizing a decommissioned jail cell would provide a secure storage solution for our expanding needs. The empty jail cells would also provide an empty and clean venue for department training both in close quarters and in jail room conditions. Lastly, the facility could continue to be rented out for filming and/or other police departmental training uses. Detention Reclassification Plan 9 Conclusion After reviewing the empirical data and financial trends from the last ten years, it is our recommendation that, in the City’s best interest, the detention facility be reclassified from a Type I jail to a Temporary Housing Facility and reallocate the personnel to the records, traffic/parking, and property & evidence bureaus during any down time. By reclassifying the detention facility, the City anticipates an immediate savings of $51,600 from operational and maintenance costs, and a potential savings equaling $114,500 in salary and benefit savings. Reassigning detention officers when the facility is vacant will not only provide additional assistance to areas of greater need, but may also produce greater revenue in the areas of traffic and parking. In return, this will maximize the value of all employees, while still aiding the return of patrol officers to an available status within the city as quickly as possible. Running Head: Department Reorganization Plan Seal Beach Police Department Reorganization Plan Philip L. Gonshak Chief of Police Seal Beach Police Department Presented to: Jill Ingram, City Manager September 14, 2020 Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 1 INTRODUCTION Chief Philip Gonshak, Commander Michael Henderson, Commander Michael Ezroj, Sergeant Nick Nicholas, and Court Liaison Officer Aine Eisenhauer have nearly 100 years combined law enforcement experience. This experience spans across several larger organizations including the United States Department of Justice Drug Enforcement Administration (DEA), Los Angeles Police Department, the Los Angeles County Sheriff’s Department, the San Diego Sheriff’s Department, and the City of Tempe, Arizona, Police Department. In addition, approximately 60 of those combined years of service were worked here in the much smaller, more intricate, City of Seal Beach Police Department. With that, we have had the pleasure to work nearly every assignment within this organization, not only giving us the experience, but critical knowledge and skills to understand what is and what is not needed. The analysis we are presenting is not only based on our experiences and opinions, but rather a large amount of historical information, empirical data, police studies, and crime statistics (nationally, statewide, countywide, and citywide). Based on the gathered information and firsthand knowledge, this is, in the simplest terms, how we collectively believe the organization would best be reorganized and structured. Furthermore, we performed this analysis while working within the confines of a realistic framework of community desires, departmental input, and with the full support from our City Manager, Jill Ingram. Although a request for additional staff positions beyond the current request would be exponentially beneficial, we believe this request is by far the most realistic yet cost effective organizational restructuring. Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 2 ANALYSIS With the passing of Measure “BB” in 2019, the City of Seal Beach Police Department was able to increase sworn staffing by five (5) police officers. As with any increase in staffing, the allocation of these resources becomes critically important for the future of any organizational success. With that, the purpose of this study/report is to: 1. Provide a screenshot of our current organizational staffing model 2. Provide an overview of the Detention Center reclassification 3. Establish a reorganization roadmap to improve department efficiency 4. Propose a grant funded Police Canine Program 5. Deliver a fiscal impact for these requests I. Organizational Staffing Model According to the 2010 U.S. Census, the Seal Beach Police Department serves a population of 24,168. During the FY 2020/2021 budget review process, the Seal Beach Police Department Operations Bureau budget was authorized for 37 Sworn Police Officers and 1 Level I - Reserve Police Officers. In the Support Services Bureau budget, the Seal Beach Police Department was authorized for 1 Sworn Police Officer, 16 Full-Time Professional Staff members, and 12 Part- Time Professional Staff members. This equates to the Seal Beach Police Department employing a total of 67 (Full and Part-Time) employees. However, this breakdown does not include the nearly 100+ volunteers the Seal Beach Police Department has spread amongst our three core volunteer associations. Our current volunteer associations include: the Volunteers in Policing Services (VIPS), Community Emergency Response Team (CERT), and Radio Amateur Civil Emergency Service (RACES) Team. As listed below, ‘Table 1’ provides a summary of our current staffing levels and vacancies: Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 3 Table 1: Seal Beach Police Department Staffing Chart Classification FY20/21 Authorized Filled Vacant Sworn Chief 1 1 0 Commander 2 2 0 Sergeant 7 7 0 Corporal 4 4 0 Detective 5 5 0 Police Officer 19 19 0 Level I - Reserve Police Officer 1 1 0 Professional Executive Assistant to COP 1 0 1 Account Technician 1 1 0 Management/IT Analyst 1 1 0 Records Supervisor 1 1 0 Senior CSO – Court Liaison 1 1 0 Senior CSO – Property Technician 1 1 0 Community Service Officer (CSO) Records 1 1 0 P/T Police Aide - Records 2 2 0 Lead CSO - Parking 1 1 0 Senior CSO – Parking 2 2 0 P/T Police Aide - Parking 5 5 0 Senior CSO – Detention Staff 6 6 0 P/T Crossing Guards 5 5 0 TOTALS 67 66 1 * See Attachment E for current hierarchical matrix. For a comparative analysis, the Seal Beach Police Department used the 2017 “Classification and Total Compensation Study” conducted by Koff and Associates as a reference. Within this study, Koff and Associates utilized the following comparable cities: Huntington Beach Manhattan Beach Buena Park Newport Beach Laguna Beach Cypress San Clemente Costa Mesa Redondo Beach Fountain Valley Hermosa Beach El Segundo Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 4 When comparing the Seal Beach Police Department to these 12 cities, the Laguna Beach Police Department appears to be most similar in relation to size of staffing, organizational makeup/structure, and community policing styles. Additionally, the City of Laguna Beach and City of Seal Beach have similar square miles of land, summer time beach populations, as well as a number of other small town demographics/similarities. With that, the Laguna Beach Police Department employs 52 full-time sworn police officers and 32 support staff for an estimated population of 23,190 within 9.861 square miles, as shown below in Table 2: Table 2: Laguna Beach Police Department Staffing Chart Sworn Police Officers Laguna Beach Chief 1 Captain 2 Lieutenant 2 Sergeants 7 Corporals 13 Police Officers 21 Detectives 6 Total Sworn 52 Professional Staff Members Jail 3 Records 5 Parking 5 IT and/or Crime Analyst 1 Assistants 3 Property 1 Other PT Staff 14 Total Professional 32 As shown in Table 1, the Seal Beach Police Department employs 38 full-time sworn police officers, 5 reserve officers and 28 support staff members (including both full time and part time), for both a larger population of 24,440 (2016) and a larger geographical area of 12.96 square miles. Dispatch and Animal Control Services were removed from the comparison table, as the Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 5 City of Seal Beach contracts through a third party (West Cities Communication and Long Beach Animal Control) for both these services. Several quality of life and criminal issues are relatable with not just the City of Seal Beach and the 12 listed agencies, but rather a majority of California police departments. To name a few commonalities, most if not all of California is experiencing similar issues related to civil unrest, Covid-19 challenges, transient/homeless quality of life circumstances, a lack of mental health assistance, traffic related complaints/incidents, property and persons crimes, and most recently an uptick in nationwide financial/paper/elderly crimes. Most unnerving was a documented 4.2% increase in violent crime in Orange County, “Just the Facts” 2017 by Public Policy Institute of California, https://www.ppic.org/publication/crime-trends-in-california/. In response to these issues, the City of Seal Beach Police Department allocated the five (5) newest Measure BB funded Police Officers to the following positions: Two (2) assigned to the Community Oriented Policing Team/Summer Beach Patrol During the 2019 summer months the COP Team made 46 arrests, wrote 51 reports, had 89 field interviews, handled 105 calls for services, and wrote 166 citations (2020 COP Team is still performing) One (1) assigned to the Leisure World Community as a Leisure World Investigator This position has allowed the Department to better address and serve the specialized needs of the Leisure World community and the specific types of crimes that more often target the aging population. Two (2) assigned to the Patrol Bureau – Various patrol shifts II. Reclassification of Detention Center As explained in the associated document, “Seal Beach Police Detention Reclassification Plan,” it is our recommendation that the Detention Center be reclassified from a Type I Jail Facility to a Temporary Holding Facility (THF). This transition would effectively close the detention center to residential inmates and instead operate only on an as-needed basis for processing arrests, before the suspect is transported. This conversion would not only assist in funding the necessary/proposed department reorganization through cost savings, but would also allow the Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 6 existing employees to be reallocated in their down time and assist with understaffed areas of the department. Upon request, Dixon Resources, the vendor that currently services the City of Seal Beach, was able to project the potential revenue created by allocating these full time employees to the traffic and parking bureau when not assisting with arrests. Their calculations found that by reallocating these employees, up to $470,000 could be gained in additional revenue. For more details on the projections by Dixon Resources, please see Attachment G: Dixon Resources Revenue Projection. III. Reorganization Roadmap Professional Staff Unfortunately, with the necessary increase in sworn police officer staffing, additional support staff is needed to offset their increased productivity. To complicate matters, this organizational restructuring is both critical and necessary as we are now experiencing the below listed issues and outdated citizen requests: A. A large amount of backlogging involving data entry in the Records Bureau. B. An increase in time constraints for Public Records Act (PRA) requests. C. Backlogging in Property & Evidence items. D. An enormous amount of State and Federal legislative bills requiring greater transparency and policy revisions. E. An increase in the Court Liaison Officer’s roles and responsibilities (in addition to the regularly assigned duties with the Orange County Superior Court), including: a. The Records Bureau b. The Detective Bureau c. The Office of the Chief of Police Undoubtedly, some of these issues arose prior to the hiring of additional police officers; however, each of them have been compounding over the years. Nowadays, these issues are exacerbated by the increased productivity of additional police officers. Unfortunately for the Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 7 City of Seal Beach, Covid-19 caused several budget restrictions, which in turn prevented the hiring of additional professional employees to assist within these understaffed bureaus. To help triage this, we are proposing the reallocation of employees (Senior CSOs) assigned to the Detention Center (upon the reclassification) during “down time,” and a complete reorganization of the professional staff employees who fall under the Community Services Officer (CSO) and Police Aide classifications. For reference, we currently employee the following full-time and part-time assignments: a. One (1) Full-Time Lead CSO b. Ten (10) Full-Time Senior CSO’s c. One (1) Full-Time CSO classification d. Seven (7) Part-Time Police Aides (aka P/T Senior CSOs) Currently, the Parking and Traffic Services Bureau is comprised of the sole Lead CSO position who oversees the two (2) F/T Senior CSOs and the five (5) P/T Police Aides. The Detention Center has six (6) F/T Senior CSOs assigned to its operations and management, overseen by one (1) Sworn Police Sergeant. The Records Supervisor (a non-sworn management position), oversees the solo CSO position and two (2) P/T Police Aides assigned to the Record’s Bureau, the Senior CSO assigned to the Property and Evidence Department, and the Senior CSO Court Liaison as shown in Attachment E: Current Hierarchical Matrix. Under the proposed reorganization, the sole CSO position in the Records Bureau is promoted to the Senior CSO classification, as the job functions will be the same as the multiple other Senior CSO positions and includes the same levels of responsibility and liability. The CSO classification is then eliminated in its entirety. Additionally, it is recommended the Senior CSO Court Liaison position be reclassified to a Police Civilian Investigator (PCI) assigned to the Detective Bureau. In addition to Court Liaison duties and responsibilities, this PCI would serve many of the same functions as a sworn Detective, including: the investigation of open criminal felony/misdemeanor cases, review of crime and arrest reports, preparation of follow-up reports, submission of complaint packages to the District Attorney for filing consideration, and testify in court as an expert related to economic crimes. Furthermore, it will be expected this PCI maintains professional working relationship Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 8 with all of the following Federal agencies; the Secret Service, FBI, Department of Business Oversight, IRS, DEA, and Department of Homeland Security. In furthering our research, we have learned the PCI position has been successfully integrated into several other local police agencies over the last several years. These agencies include the Costa Mesa Police Department, the Newport Beach Police Department, the Irvine Police Department, and both Orange County and Los Angeles County Sheriff’s Departments. Their purpose in reclassifying this position, similar to our proposal, has been to augment the Detective Bureau with growing crime trends, but at fraction of the cost compared to a traditional Detective position currently held by sworn police officers. Over the last several years, Seal Beach has witnessed a steady increase in crime reports and calls for service. Additionally, advances in technology make some cases increasingly sophisticated and difficult to solve, necessitating arduous and time consuming investigations. Further, some crimes require the immediate attention of the Detective Bureau, which temporarily takes the detective(s) away from other timely/critical cases. While our Detectives remain committed to the community, the addition of a Police Civilian Investigator will provide critically needed investigative capacities to a significantly overburdened unit, all the while keeping our patrol officers out of the office for follow-up and more importantly out in the field. As previously described, the remaining detention staff will continue to work in the detention center in an “as-needed” capacity and will assist the other understaffed bureaus when not attending to an arrestee. They will remain on their current schedule (days/nights) so as to ensure continuous 24/7 jail coverage in the event an arrest occurs. When not tending to an arrestee, the detention staff will be utilized more effectively by working in the field with Parking, the Traffic Bureau, and/or within the Records Bureau, Property & Evidence, and/or the Office of the Chief of Police. Furthermore, all additional Senior CSOs and Police Aides, not assigned to the Detention Center, will be cross-trained in jail operations for Temporary Holding Facility (THF) status. In doing so, we will be increasing the number of employees who can serve in this capacity should the need for a jailer arise. This will assist in reducing overtime costs that could be incurred, while still providing our professional staff with greater professional development opportunities. See proposed changes listed below: Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 9 1) Current: CSO – Records Bureau Proposed: Senior CSO – Records Bureau Ancillary Duty: Detention Center 2) Current: Senior CSO – Court Liaison Proposed: Police Civilian Investigator (Court Liaison will be an ancillary responsibility) 3) Current: SCSO – Detention Center Proposed: Senior CSO – Detention Center Ancillary Duties: As assigned – Parking, Records, Property & Evidence, and/or the Office of the Chief of Police 4) Current: Lead CSO – Parking Supervisor Proposed: Ancillary Duty: Detention Center 5) Current: Senior CSO – Parking Control Officer and P/T Police Aides – Parking Proposed: Ancillary Duty: Detention Center 6) Current: Police Aide – Records Bureau Proposed: Ancillary Duty: Detention Center This reclassification and restructure of our professional staff would allow the Department to best utilize its resources and more effectively serve the community. The transition of the Senior CSO Court Liaison to the Police Civilian Investigator position would allow for the expansion of the Detective Bureau at a marginal cost when compared to the addition of a sworn police officer. Additionally, the cross training of all Senior CSO and Police Aide positions would provide the employees with greater professional flexibility and training, while also providing the Department with more versatile employees. Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 10 McGaugh PTA Request During the 2019/2020 academic school year, the Police Department staffed the following locations with Part-Time Crossing Guards: 1) Bolsa and Island View 2) Bolsa and Riviera 3) Bolsa and Seal Beach Boulevard 4) PCH and Seal Beach Boulevard 5) PCH and 12th Street With that, we have received a number of formal requests from staff at McGaugh Elementary School, McGaugh students’ parents, and the McGaugh - Parent Teachers Association (PTA), for an increase in crossing guards to ensure pedestrian and traffic safety around the school. Seeing this need internally as well, it is therefore our request to create one additional Part-Time Crossing Guard position. In turn this would increase our P/T Crossing Guard staff from five (5) to a total of six (6), as to assist with the well-being of our students, staff, and families during the start and conclusion of school hours if and/or when McGaugh resumes in-person classes. This additional Crossing Guard would be then placed at the intersection of: 6) Marlin and Seal Beach Boulevard Sworn Staff Reorganization: Management Positions When reviewing the structure of our sworn staffing, we determined several issues which we hope to remedy, namely the currently ineffective Executive Staff/Chief-Commander structure. This executive command structure has simply led to an inconsistent allocation of administrative duties over the past six (6) years and has caused a number of deficiencies in areas that need desperate Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 11 attention, i.e. Special Event Planning, Internal Affairs Investigations, and Patrol Sergeants handling administrative responsibilities. Unfortunately in 2014, the Chief of Police (at that time) chose to reorganize the police department to more closely match his prior agency and other larger police departments to the Chief-Commander flat lined structure. To do this, the Chief of Police “Y-Rated” (retired two different titles and formed one title) our Police Lieutenant and Police Captain positions into two (2) Police Commanders. However, as a result of a Commander structure, we sacrificed our much more traditionally recognized and multi-layered management rank, which consisted of a Chief- Captain-Lieutenant-Sergeant-Corporal-Officer hierarchy. At the time, it was believed that this change would streamline the chain-of-command and improve efficiencies and accountability. Unfortunately, as the Cypress Police Department, Folsom Police Department, and Union City Police Department have also realized, this new structure fell short of their and our expectations. While it was believed this would streamline the process, eliminating the lieutenant rank actually removed an essential piece of the chain-of-command and significantly reduced the effectiveness of the commander. A lieutenant is a multi-incumbent, sworn management position in the police department that serves as a necessary link bridging the gap between captains and sergeants, and sometimes even sergeants to police officers. Critically important, yet currently missing, are the watch directives being efficiently communicated from upper-level executive officers to those in the operations bureau. It is specifically these watch directives that ensure all employees are on the same page, a necessity in this profession, yet currently missing in our organization due to the commander rank system in place. For example, the Command Staff frequently receives requests from the community, sometimes routed through their District Councilmember, for specific directed enforcement requests; the lieutenant position would assist in streamlining communication between the requestor and the officers charged with the enforcement. This reorganization would allow two internal sergeants the opportunity to promote to the rank of lieutenants and the two current commanders the opportunity to revert back to the rank of captains. In turn, the Executive Command Staff (Police Chief and two Captains) would be able to more effectively focus on their administrative roles within the department, rather than having to spend the time ensuring their messages were both heard and understood up and down the chain of command. Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 12 Additionally, by removing the lieutenant and captain positions, several other sergeants and corporals have had to take on greater administrative responsibilities. For example, the Operations/Administrative Sergeant has taken on the additional roles that a Police Lieutenant would traditionally be responsible for, such as internal affairs investigations, grant writing/management, policy and procedure administration, etc. Similarly, all special event incident commander responsibilities were then dispersed and are now shared amongst all sergeants and corporals, instead of being managed by coordinating lieutenants with a proficiency of special events in the City of Seal Beach. Furthermore, the Police Executive Command Staff currently has to out-source internal affairs investigations involving sergeants, as commanders are not able to commit the time necessary to these sometimes discipline oriented investigations. This responsibility would customarily be assigned to a lieutenant, which now results in an unbalanced workload that is grossly out of class when compared to other police departments. Lastly, a new federal policy was implemented that only allows lieutenants and above to attend the FBI National Academy (prior policy included sergeants in lieutenant roles), an invaluable training program that seeks to create strong leaders and return them to their organizations with advanced skills and knowledge. Currently Chief Gonshak has been the only employee able to attend the FBI National Academy since the year 2015. Since sergeants are prohibited from attending now, the Seal Beach Police Department is only able to send commanders to this important three (3) month program held in Quantico, Virginia. The time commitments and responsibilities of the commander rank make it exceedingly difficult to be gone for that amount of time to attend this phenomenal program. To rectify this significant loss, and allow the department as a whole to function at their best, we respectfully request the title change of Police Commander to Police Captain (zero cost) and the promotion of two sergeants’ positions to two (2) internal lieutenant positions (nominal cost), with the attached proposed cost, structures, and job descriptions. By converting two current sergeant positions to lieutenants, and addressing other recommendations throughout this plan, the Seal Beach Police Department would help address challenges within our span of supervision for the commanders, provide a better balance in the administrative workload, create opportunities for better succession planning, and promote much clearer pathways for career advancement. Further, our review of the department’s management classifications suggests that a captain-lieutenant-sergeant format would better meet the agency’s needs. In summary, these Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 13 lieutenant positions would oversee internal affairs investigations involving sergeant-rank personnel, oversee City special events, oversee detention center and EOC operations, act as a supervisory role for civilian employees, fill administrative responsibilities, and ensure clear, concise, and effective communication throughout the organization. To complicate matters, in 2014 the same Police Chief ordered a police corporal be pulled from the patrol deployment to fulfill a vacancy that was created by eliminating a professional staff position (Emergency Services Coordinator) in the Emergency Services Bureau. Within Emergency Services, the Corporal was then turned into the direct manager, responsible for all citywide emergency service response drills and Emergency Operations Center (EOC) activities. Additionally, this police corporal position supervises over 100+ volunteers within the three (3) volunteer groups previously mentioned operating in the City – VIPS, CERT, and RACES Team. Because of this large amount of supervision and liability associated with this large number of volunteers, we request this Corporal position be promoted to a Sergeant rank. Unfortunately, when the EOC Corporal was pulled from patrol, a vacancy was made in the front/first line patrol supervisory rank. As it stands still to this day, this position has never been replaced and patrol has been forced to operate a patrol shift (3 day-12 hour) work week without a corporal. Patrol Corporals are vital to a Patrol Sergeant, as they are at times the shift lead, and used to primarily handle direct/in-field supervision and field training responsibilities. In turn, this corporal provides the sergeant additional time to handle other vital administrative duties, which are regulated daily and sometimes hourly. The lack of a corporal in patrol can cause shortages in patrol supervision and is critically necessary to assist with the patrol sergeant’s sphere of influence. Because of this, it is our recommendation to promote a police officer in the patrol bureau to the rank of corporal, fulfilling the void currently in patrol supervision. Traffic Bureau Addition One of the most vocal and constant quality of life grievances sent to not just the police department, but to the City Council and the City Manager by Seal Beach citizens are traffic related issues. Furthermore, with the addition of Leisure World now being a community where law enforcement has been approved to perform traffic enforcement, the Police Department Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 14 would benefit greatly by assigning a patrol officer to a third motor officer position. This special assignment is minimal in cost (the cost of a motorcycle and a 5% specialty assignment pay) and would provide the city with a plethora of enforcement/educational measures including: 1) Greater speed enforcement/education throughout the City and in Leisure World 2) Quicker response to “Priority 1” aka injury related traffic collisions 3) Driving Under the Influence (DUI) Enforcement 4) Special Event Participation/Presence 5) Administration of greater OTS opportunities Police Recruit/Police Officer Over Hire Due to an expected retirement occurring in the year 2021, it is our recommendation to over hire by one police officer. In anticipating this retirement, the Seal Beach Police Department completed a citywide internal police recruitment examination on July 15, 2020, where several employees tested. As a result, Senior CSO Quiondreius Juniel was selected to attend the Orange County Sheriff’s Department Police Academy #243, which is scheduled to begin on September 28, 2020. This over hire would only be temporary, and should not be construed as a permanent additional position. With the above items, it is our recommendation the below listed positions be reclassified as follows: 1) Current: Operations Bureau Commander – Operations Bureau Proposed: Operations Bureau Captain – Operations Bureau 2) Current: Support Services Bureau Commander – Support Services Bureau Proposed: Support Services Bureau Captain – Support Services Bureau 3) Current: Operations Administrative Sergeant – Operations Bureau Proposed: Operations Administrative Lieutenant – Operations Bureau Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 15 4) Current: Detention Center Sergeant – Support Services Bureau Proposed: Support Services Administrative Lieutenant – Support Services Bureau 5) Current: Emergency Services Coordinator – Police Corporal Proposed: Emergency Services Coordinator – Police Sergeant 6) Current: Police Officer – Patrol Bureau Proposed: Police Corporal – Patrol Bureau 7) Current: Police Officer – Patrol Bureau Proposed: Police Motor Officer – Traffic Bureau 8) Current: Senior CSO – Detention Officer Quiondreius Juniel Proposed: One (1) Police Recruit/Police Officer over hire (Quiondreius Juniel) in anticipation of a Police Officer vacancy expected to occur in the year 2021. As written earlier, we believe this organizational restructuring is critically necessary for us to best serve the needs of our citizenry, the City, and the Police Department. Furthermore, this reorganization will work in conjunction with our City Council approved succession plan, which has been designed to assist our staff in preparing for promotional assignments. Similarly, if the future leadership determines a need for change, this document will certainly memorialize a starting point of continual development and strategic planning for years to follow. Lastly, these recommendations will benefit the Department by providing necessary staff to strained bureaus and ensure a higher level of customer service, without causing an alarming increase in the City or Police Department’s annual budget. IV. Police Canine Program In assessing and evaluating the ways in which the Seal Beach Police Department could make the most impactful changes, the Police Canine Unit was discovered as a missing complement to our Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 16 existing personnel. After carefully and thoroughly researching the implementation of a Police Canine Unit at the Seal Beach Police Department, we believe it to not only be a viable option but a necessary choice in order to provide the citizens with the best available tools in suspect apprehension and community/student education & engagement. From November 2017 – June 2020, the Seal Beach Police Department documented, through dispatch records, the use of a police canine for a total of 50 incidents. This only includes the number of times the canine unit was requested, was on duty, and was able to respond. This does not capture the possible instances where a canine would have or could have been used, but was unavailable. Also not included are the instances in which it would have been beneficial to utilize a canine but extended response times from outside agency canines would have meant that officer safety was sacrificed or compromised for increased efficiency. Additionally, it is important to note that this should not be used as a true barometer of worth within our department, as the request to utilize outside resources often necessitates a greater level of need than would be required to utilize our own resource. Under the proposed Police Canine Unit program, a patrol officer would be assigned as a Canine Handler and a patrol sergeant would be assigned the ancillary duty of the Police Canine Sergeant (no additional cost), to oversee the program and ensure administrative needs are being met. The police canine would physically reside with the assigned handler and would travel to and from work with the handler in a modified police vehicle. During regular patrol, the canine would respond to each call with the handler as the officer’s patrol partner. Additionally, the canine and handler are subject to call outs, responding to specifically designated crimes even on traditional days off. Types of calls that would elicit a Police Canine Unit response include robberies in progress, breaking and entering in progress, vehicle pursuits and traffic stops, foot pursuits, special events, open door/window criminal trespassing, warrant service, search and seizure conditions, burglar alarms, prowlers, and other misdemeanor and felony crimes in progress. While there exists a multitude of attributes possessed solely by trained canines, that cannot be matched by a human officer, regardless of training, the most significant are highlighted in “A Study of Police Canine Search Teams as Compared to Officer Search Teams” written and published by the United States Police Canine Association in 2000. Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 17 The article is based on earlier empirical data as well as a comparative study performed by the Lansing, Michigan Police Canine Team. It notes that several studies “indicate that a canines olfactory sensitivity is anywhere between 10-100 times greater than that of a human’s” with the variation dependent “on the odiferous material used and the ability and motivation of the canine,” stating that their “sensitivity to butyric acid was 100 thousand to 100 million times greater than a human’s.” Specifically, it is their “scent discrimination or the ability to distinguish one scent from others” that gives them the greatest olfactory advantage. In addition to their keen sense of smell, “the average German Shepherd’s hearing ability has been proven to be ten times greater than that of human beings.” It continues to reference earlier works regarding the “tremendous advantages to using canines in police work” which include crowd control capabilities “that might require the services of 15 to 20 police officers” for the same effect, their ability to detect drugs “generally ten times better than any instrument” and further mentions “bomb detection with a ‘96% surety rate’ while lowering search times…considerably.” Ultimately the study produced concrete data regarding the canine’s superior effectiveness, concluding that when conducting suspect searches the canine teams had an accuracy rate of 93%, compared to the officer teams 59%, and that the canine teams completed their search in significantly less time than the officer teams – a difference that increased exponentially with increased building size. Simply stated, “Police dogs can do what man and machines cannot: locate the presence of suspects by sensory means, at all times, anywhere, and under some of the worst conditions.” The ideal Seal Beach Police Department canine and handler would be able to seamlessly respond to stressful and dangerous calls for service that necessitate an aggressive response, and be tame enough to be an educational resource for McGaugh Elementary School and/or local pre-schools, providing demonstrations and disciplined interaction. The canine would assist with suspect apprehension, detection of illegal (Drugs, Guns, and/or Explosive) materials, and officer safety, in addition to the education benefits and interaction for the community during National Night Out and Open Houses. Further, due to the speed at which most canine teams are able to perform their duties, calls for service that involve a canine response would likely be reduced when compared to Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 18 similar calls without a canine, thus allowing all involved parties to return to proactive patrols throughout the city. Despite the many advantages of a Police Canine Unit, several areas that may be of concern are noted and are addressed below: 1)High program startup costs: o The initial implementation bears the most amount of time and funding, with the expected costs roughly $50,000 (see cost breakdown below). o The Seal Beach Police Foundation has provided a written agreement and check in the amount of $50,000 for the sole purpose of initiating this program. o Seal Beach City Council accepted this grant donation during the August 10, 2020, City Council Meeting (Item E - Grant Award from the Seal Beach Police Foundation to Fund a Police Canine Program) 2)Liability concerns: o After discussing the potential Police Canine Unit with the CJPIA, the new program would not incur any additional liability costs. The program would instead fall under the already established use of force category. 3)Overtime costs: o As with other overtime costs, the Police Executive Team responsibly manages overtime and determines its need relevant to public safety. While the first year of the program will provide the most insight into the potential overtime costs that may be incurred, the department is prepared to use grant funding for any overtime costs associated during the first fiscal year of implementation. This will provide the best barometer moving forward and will assist in determining what additional funds may or may not be needed for future budget cycles. Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 19 Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 20 After careful consideration and an extensive review, we truly believe the addition of a Police Canine Program/Unit to the Seal Beach Police Department would be a wise, minimal cost investment with immeasurable benefits. These benefits include: 1)Increased suspect apprehension rates 2)Increased Officer safety 3)Force Multiplier 4)Illegal explosives, firearms, and/or substance detections 5)Building searches 6)Time/Cost savings (extended perimeter searches causing overtime) 7)Greater community/student engagement Furthermore, the fiscal impact of the program for the City has been significantly reduced due to grant funding, ensuring that the Police Canine Unit will not be an excessive expenditure at startup. By implementing this program, the department and City are providing the community of Seal Beach with the best tools and resources available to most effectively “Take a bite out of crime.” V. Fiscal Analysis of the Department Reorganization Plan Based on the attached fiscal analysis provided by the Finance Department (assuming all promotions, reclassifications, and new hires are at top step pay), the estimated savings would be approximately $166,176 for the first year (due to the police motorcycle purchase) and approximately $197,368 thereafter. See Attachment H: Fiscal Analysis for further details. VI. Summary of Proposed, Current, and Vacant Staffing To greater illustrate all of the proposed, current, and vacant staffing positions, we have created the below listed ‘Table 3’. This table lists the allocation in three different delineations; including, Eliminated, N/A, and/or a numerical figure. Eliminated means the position has been abandoned and will no longer be part of the organization. N/A indicates the position was not Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 21 created at the time the budget process was completed. Lastly, a numerical figure is the number of positions either proposed, budgeted, or currently vacant: Table 3: Staffing Chart Classification Proposed Budgeted 20/21 Vacant 20/21 Chief 1 1 0 Captain 2 N/A N/A Commander Eliminated 2 0 Lieutenant 2 N/A N/A Sergeant 6 7 0 Corporal 4 4 0 Detective 5 5 0 Police Officer + Recruit + Over Hire 13 15 0 Police Canine Officer 1 N/A N/A Community Oriented Policing Team 2 2 0 Motor Officers 3 2 0 Level I - Reserve Police Officers 1 1 0 TOTALS 39 FT 5 Reserves 38 FT 1 Reserves 0 FT 0 Reserves Executive Assistant to COP 1 (Temp. SCSO)1 1 Account Technician 1 1 0 Crime Analyst Eliminated 1 0 IT Management Analyst 1 N/A N/A Senior CSO – Detention Staff Eliminated 6 0 Records Supervisor 1 1 0 Police Civilian Investigator 1 N/A N/A Senior CSO – Court Liaison Eliminated 1 0 P/T Police Aides - Records Eliminated 2 1 CSO - Records Clerk Eliminated 1 0 Senior CSO - P/E Technician Eliminated 1 0 Lead SCSO 1 1 0 F/T Senior CSOs 8 N/A N/A P/T Senior CSOs 7 N/A N/A Senior CSO – Parking Control Officers Eliminated 2 0 P/T Police Aide - Parking Eliminated 5 0 P/T Crossing Guards 6 5 0 TOTALS 14 FT – 13 PT 16 FT – 12 PT 1 FT – 1 PT * See Attachment F for Proposed Hierarchical Matrix Department Reorganization Plan Note: All numerical data in this document is approximate and is subject to change over time 22 CLOSING In summary, based on our collective research and firsthand knowledge, we truly believe this analysis and these requests to be in the best interest of the Police Department, the City, and most importantly the community as a whole. We hope that you will find these proposals to be reasonable and most importantly, fiscally responsible. Lastly, we can assure you, the entire City of Seal Beach will see the immeasurable value this reorganization can provide them. Auditing Requirement: With the assistance of both the Operations and Support Services Captains, the Operations and Support Services Lieutenants will need to conduct an annual review of this Department Reorganization Plan (DRP) for the City of Seal Beach Police Department. The review will consist of a needs assessment and an updated strategy to combat any hiring/budgetary issues the department faces at that particular time and plan for succession as deemed necessary. Upon approval from the Executive Management Team, a needs assessment report will need to be submitted to the Chief of Police in a memorandum format, via chain of command. This needs assessment will then form the basis for each following fiscal year budget planning meeting in January. It is the responsibility of both the lieutenants and captains to maintain, review, and update the DRP on an annual basis. Once complete with the updating of the DRP, they should engage in the strategic planning stages to establish overall direction of the organization. Attachment E: Current Hierarchical Matrix Attachment F: Proposed Hierarchical Matrix Attachment G: Dixon Resources Revenue Projection Attachment H: Fiscal Analysis Attachment I: Comparative Salary Schedules for Police Civilian Investigator Position Attachment J: Comparative Salary Schedules for Police Lieutenant Position ATTACHMENT D: DETENTION CENTER FINANCIAL REVIEW Jail Ope rations - Summary FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 Budget Total Revenues 484,454 530,350 441,055 308,560 347,660 372,130 267,480 312,481 277,069 474,856 482,600 Total Expenditures 634,697 692,611 656,939 653,892 755,052 767,662 768,583 854,135 916,260 983,871 1,013,200 Net Surplus /(Deficit)(150,243)(162,261)(215,884)(345,332)(407,392)(395,532)(501,103)(541,654)(639,191)(509,016)(530,600) Jail Ope rations - De tail FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 Budget Revenues Reim b. Mis c Services 001-024-30700 -------1,076 3,491 -- Application Fees - Inm ate DC 001-024-30801 ------900 4,200 5,338 5,835 5,000 Inm ate Fee from Other Agencies 001-024-30841 79,200 127,055 147,910 2,420 2,615 1,355 1,705 -12,900 286,481 200,000 Inm ate Self Pay 001-024-30842 399,666 391,008 288,000 300,308 339,043 365,000 253,540 288,735 241,688 172,379 261,000 Booking Fees 001-024-30843 5,588 12,287 5,145 5,832 6,002 5,775 11,335 16,105 10,755 6,861 10,000 Mis c Revenues 001-024-30960 --------9 3,300 - Other Agenc y Reimbursem ent 001-024-30980 -------2,365 2,889 -6,600 Total Revenues 484,454 530,350 441,055 308,560 347,660 372,130 267,480 312,481 277,069 474,856 482,600 Expenditures Salaries and Benefits 001-024-various 557,808 613,921 572,114 597,035 685,550 702,489 711,835 804,391 871,145 927,045 947,400 Offic e Supplies 001-024-40100 280 518 315 619 689 634 768 650 55 600 Public /Legal Notic es 001-024-40100 500 -500 105 -3,558 250 ---- Memberships and Dues 001-024-40300 1,500 -562 -------500 Trainings and Meetings 001-024-40400 1,220 1,549 1,916 450 5,321 3,114 3,832 4,567 4,201 2,903 6,600 Equipment/Materials 001-024-40700 9,328 6,968 9,824 12,759 7,720 8,260 5,598 4,640 6,089 5,451 6,200 Special Departm ent 001-024-40800 634 32 1,268 3,001 2,604 779 2,643 3,005 265 714 3,000 Telephone 001-024-41000 97 670 543 537 555 3,909 5,928 1,217 806 621 800 Rental/Leas e Equipm ent 001-024-42000 973 --80 ------- Contract Profess ional 001-024-44000 62,358 68,954 69,896 39,306 52,613 45,553 37,863 35,549 33,104 47,082 48,100 Total Expenditures 634,697 692,611 656,939 653,892 755,052 767,662 768,583 854,135 916,260 983,871 1,013,200 Net Surplus /(Deficit)(150,243)(162,261)(215,884)(345,332)(407,392)(395,532)(501,103)(541,654)(639,191)(509,016)(530,600) CIT Y OF SEAL BEACH REVENUES AND EXPENDIT URE ANALYSIS JAIL OPERAT IONS ATTACHMENT E: CURRENT HIERARCHICAL MATRIX ATTACHMENT F: PROPOSED HIERARCHICAL MATRIX PROPOSED INCREASE IN PARKING ENFORCMENT RESOURCES Existing Parking Enforcement Resources Current parking enforcement staffing levels •3 FTE CSOs •5 PTE Police Aides (1 currently unavailable due to injury) 7:00 AM – 7:00 PM – Current staffing (CSOs and Police Aides) (staffing levels are inconsistent throughout the week by day) 7:00 AM – 10:00 PM – Parking hours of operation (overnight parking enforced by SBPD when available) Proposed Additional Parking Enforcement Resources •Proposal to assign 4 additional FTE CSOs •Total of 7 FTE CSOs •5 PTE Police Aides •CSOs and Police Aides will provide consistent staffing levels throughout the week (7:00 AM – 10:00 PM) •Maximum of 7 parking enforcement employees staffed at one time Benefits from Additional Parking Enforcement Resources Additional resources estimated to increase paid parking revenue by 28% (approximately $470,000) •Increase in both paid parking and citation revenue Consistent parking enforcement increases compliance and promotes public safety and access Retain customer service focus with the ability to issue warning notice for the first violation 5 $- $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $300,000.00 $350,000.00 $400,000.00 Actual Total Revenue Modeled Citation Revenue Modeled Citation Revenue Parking Forecast 6 Date Without Additional Employees With Additional Employees Additional Revenue Generated % Increase in Revenue July-20 $ 310,522.07 $ 310,522.07 $ - 0% August-20 $ 275,001.89 $ 339,412.81 $ 64,410.92 23% September-20 $ 188,887.92 $ 238,397.67 $ 49,509.75 26% October-20 $ 138,773.59 $ 184,356.33 $ 45,582.74 33% November-20 $ 116,804.48 $ 158,553.15 $ 41,748.67 36% December-20 $ 112,180.87 $ 147,789.82 $ 35,608.95 32% January-21 $ 133,477.33 $ 179,454.66 $ 45,977.32 34% February-21 $ 116,006.19 $ 155,426.95 $ 39,420.76 34% March-21 $ 132,237.97 $ 164,944.40 $ 32,706.43 25% April-21 $ 126,466.57 $ 159,619.80 $ 33,153.23 26% May-21 $ 139,097.69 $ 173,995.94 $ 34,898.25 25% June-21 $ 214,864.99 $ 263,444.11 $ 48,579.12 23% Parking Forecast By Month 7 $954,281.25 , 39% $1,521,636.47 , 61% Additional Employee Revenue Breakdown from 7/1/2020 - 6/1/2021 Paid Parking Revenue Citation Revenue ATTACHMENT H: FISCAL ANALYSIS New crossing guard - - - - - 15,744 -15,744 Ongoing Cost of K-9 Program (5)- - - - - -5,000 5,000 FISCAL IMPACT ANALYSIS (Amounts presented in annual budgetary dollars)** Jail Police Recruit for Overhire Police New Revenue Reductions: Operational Change Reclass of Positions Pending Retirement Recruit (3) Motorcycle Unit Crossing Guard K9 Program (5) Total Inmate Fees $ (466,835)$ - $ - $ - $ - $ - $ - $ (466,835) Other Agency Reimbursement (3,000)- - - - - - (3,000) Revenue Increases: Parking fees and citations (1) 470,000 - - - - - - 470,000 Expenditure Reductions: Jail Operating Costs (51,600)- - - - - - (51,600) Reclassification of one SCSO Position (2)(122,413)- - - - - - (122,413) Elimination of one SCSO Position (3) - - - (122,413) - - - (122,413) Expenditure Increases: Reclassifications of personnel Commander to Captain - - - - - - - - Commander to Captain - - - - - - - - Sergeant to Lieutenant - 5,234 - - - - - 5,234 Sergeant to Lieutenant - 5,635 - - - - - 5,635 Additional OT for new Lieutenants (4) - 47,615 - - - - - 47,615 Corporal to Sergeant - 48,183 - - - - - 48,183 Police Officer to Corporal - 8,557 - - - - - 8,557 Senior CSO to Civilian Investigator - 13,165 - - - - - 13,165 CSO to Senior CSO - 5,952 - - - - - 5,952 Special Pay for Motorcycle Unit - - - - 6,612 - - 6,612 Overhire Police Recruit for Davis Retirement Pending Retirement - - (245,797) - - - - (245,797) New Hire (assumes Classic) 229,669 229,669 Overhire of Police Recruits Future Officer Retirement (3) - - - (258,312) - - - (258,312) SCSO transitioning to Police Officer - - 211,637 - - - 211,637 One-time Expenditure: Purchase of one (1) additional motorcycle - - - - 31,192 - - 31,192 $ (173,848) $134,340 $(16,128)$ (169,088) $37,804 $15,744 $5,000 $ (166,176) ** Estimates are based on Step 5 salary levels and are not expected to exceed the listed amounts (1) Estimates provided by Dixon Resources and assumes the SCSO positions that were in the jail are reassigned to parking and records. (2) This savings is dependent on this position being eliminated. Currently all SCSO positions are filled (3) Currently, one SCSO from the jail has been selected for a police recruit position and is scheduled to begin the Academy in September 2020. If he successfully completes training in the Academy, this would result in the overhire of one police officer position until the next officer retires, currently estimated to be in FY 2021-22. Otherwise, there would be no position for him to return to. The overhire would result in an additional cost of approximately $24,000 from March 2021-June 2021 and is not included in the analysis above. The analysis shows the future savings once the retirement occurs. (4) This amount is based on the current Sergeants who would be considered for promotion to Lieutenant. If the Lieutenant position is non-exempt, we could assume the employee would perform the same amount of overtime as they are currently performing. The amounts were determined using actual overtime costs from January 2019 through December 2019. (5) This cost is based on information provided by the Police Department and is not anticipated to be funded using General Fund; the Police Department will use restricted funding sources for annual ongoing costs. ATTACHMENT I: COMPARATIVE SALARY SCHEDULES FOR POLICE CIVILIAN INVESTIGATOR POSITION Date Posted City Position Title Step 1 Last Step 3/30/2019 Newport Beach PD Civilian Investigator $ 4,943.34 $ 6,957.08 6/29/2019 Irvine PD Civilian Investigator I $ 4,303.87 $ 6,768.67 6/29/2019 Irvine PD Civilian Investigator II $ 4,631.47 $ 7,429.07 7/7/2019 Costa Mesa PD Civilian Investigator - Tier 1 $ 5,476.00 $ 7,338.00 7/7/2019 Costa Mesa PD Civilian Investigator - Tier 2 $ 4,967.00 $ 6,656.00 8/20/2019 Los Angeles County Sheriff Civilian Investigator $ 5,519.74 $ 7,239.10 1/1/2020 Orange County Sheriff Civilian Economic Crime Investigator $ 5,428.80 $ 7,316.40 Agency 1st Step Top Step NBPD $ 59,320.08 $ 83,484.96 IPD CI - I $ 51,646.40 $ 81,224.00 IPD CI - II $ 55,577.60 $ 89,148.80 CMPD - T1 $ 65,712.00 $ 88,056.00 CMPD - T2 $ 59,604.00 $ 79,872.00 LASD $ 66,236.88 $ 86,869.20 OCSD $ 65,145.60 $ 87,796.80 Annual Average $ 60,463.22 $ 85,207.39 Monthly Average $ 5,038.60 $ 7,100.61 Proposed Annual $ 66,070.20 $ 80,308.80 Proposed Monthly $ 5,505.85 $ 6,692.40 SCSO $ 56,972.16 $ 69,249.96 Proposed Salary $ 66,070.20 $ 80,308.80 *Actual Salary Cost $ 9,098.04 $ 11,058.84 Proposed Salary $ 66,070.20 $ 80,308.80 Detective $ 99,042.93 $ 120,387.33 *Potential Savings $ 32,972.73 $ 40,078.53 *This data is reflective of comparative salaries from the 2019-2020 fiscal year. ATTACHMENT H: COMPARATIVE SALARY SCHEDULES FOR POLICE LIEUTENANT POSITION *This data is reflective of comparative salaries from the 2019-2020 fiscal year. City Top Annual Salary AVERAGE El Segundo $176,773 $160,171 San Clemente (OCSD)$174,241 Manhattan Beach $174,072 MEDIAN Newport Beach $168,139 $162,864 Cypress $167,460 Buena Park $163,197 Huntington Beach $162,864 Laguna Beach $160,788 Costa Mesa $159,672 Fountain Valley $154,548 Seal Beach $150,436 Hermosa Beach $146,172 Redondo Beach $123,864 ATTACHMENT K: DETENTION CENTER PROPOSED FLOORPLAN