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Agenda Packet_09282020
A G E N D A MEETING OF THE CITY COUNCIL Monday,September 28,2020 ~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 28,2020.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 •Southern California Edison Presentation •Fire Prevention Week Proclamation 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 before 6:00 pm on September 28,2020. 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 September 14,2020 City Council Minutes -That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 14,2020. B.Demands on City Treasury (Fiscal Year 2021)–September 28,2020 -Ratification. C.Monthly Investment Report –August 31,2020 -Receive and File. D.Acceptance of 2020-2021 State Department of Alcoholic Beverage Control Grant Monies (ABC Grant)-That the City Council adopt Resolution 7073:1. Authorizing the City of Seal Beach,through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control;and,2.Therefore,allowing the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto;and,3.$45,000 in revenue was included in the 2020/2021 Budget. E.Agreement for Sharing Consultant Costs for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency Assessments and Emergency Response Plans with the Municipal Water District of Orange County -That the City Council adopt Resolution 7074:1.Approving the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)”with the Municipal Water District of Orange County (MWDOC)for a cost of $115,000;and,2.Authorizing and directing the City Manager to execute the Agreement;and,3.Approving Budget Amendment BA 21-03-01 in the amount of $45,666. F.Approving Amendment No.1 to the Professional Services Agreement with Ardurra Group,Inc.dba AndersonPenna Partners,Inc.,for On-Call Professional Inspection Services -That the City Council adopt Resolution 7075:1.Approving Amendment No.1 to the Professional Services Agreement dated July 22,2019,with Ardurra Group,Inc.dba AndersonPenna Partners,Inc., to increase compensation by $500,000 for a revised total contract not-to-exceed amount of $740,000 for additional on-call professional inspection services;and, 2.Authorizing the City Manager to Execute Amendment No.1. G.Award to and Authorize Execution of a Construction Contract with ABM Industries,Inc.,dba ABM Electrical &Lighting Solutions Inc.for the Almond Park Lighting Improvements Project,CIP PR2103 -That the City Council adopt Resolution 7076:1.Approving the plans,specifications,and contract documents for the Almond Park Lighting Improvements Project,CIP PR2103;and,2.Approving and awarding a construction contract to ABM Industries,Inc.dba ABM Electrical &Lighting Solutions Inc.(ABM)in the amount of $159,898.82 to construct the Almond Park Lighting Improvements 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 ABM;and,4.Authorizing the City Manager to approve additional work requests up to $16,000 in connection with the Project;and,5.Approving Budget Amendment BA 21-03-03 in the amount of $176,000 for the Almond Park Lighting Improvements Project,CIP PR2103. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS H.A Resolution of the Seal Beach City Council Approving Amendment No.1 to the Agreement with Consolidated Disposal Service,LLC,for an Adjustment in the Residential Green Waste Recycling Processing Rate; Authorizing Allocating Funds to Compensate Republic Services for Processing Green Waste;Approving Amending the Existing Scope of Work with HF&H and Authorizing the City Manager to Execute Necessary Documents on Behalf of the City -That the City Council adopt Resolution 7077:1.Approving Amendment No.1 (“Amendment”)to the Agreement between the City of Seal Beach and Consolidated Disposal Service,LLC,dba Republic Services (“Collection Agreement”)approving rate adjustment of $0.65 per unit per month to the service component of the basic residential and multi-family rates;and 2.Authorizing the City Manager to execute Amendment No.1;and 3. Allocating funds in the not-to-exceed amount of $34,000 to compensate Republic Services for the processing of the City’green waste per AB 1594;and 4. Authorizing staff to amend the scope of work of the Professional Services Agreement with HF&H. I.5-Year CIP -Discussion. NEW BUSINESS J.Report on Orange County Vote Centers and Ballot Drop Box in Seal Beach -That the City Council receive and file the report. ADJOURNMENT Adjourn the City Council to Monday,October 12,2020 at 5:30 p.m.to meet in closed session,if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the September 14, 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 September 14, 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 4 5 RECOMMENDATION: SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill. R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session 5 3 8 6 Seal Beach, California September 14, 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 Les Johnson, Director of Community Development David Spitz, Associate Engineer Gloria D. Harper, City Clerk ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that no communication was received. Mayor Sustarsic then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code Section 54957(a). B. Conference with 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 C. Conference with Legal Counsel Significant Exposure to Litigation – Government Code Section 54956.9(d)(2) Notice of Potential Liability and Request for Second Tolling Agreement from BKK Working Group BKK Landfill, West Covina, California. 5 3 8 6 ADJOURNMENT Mayor Sustarsic adjourned the Closed Session meeting at 6:27 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Schelly Sustarsic, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California September 14, 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 Joe Bailey, Chief, 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 Mayor Sustarsic pulled Item G from the consent calendar for separate consideration. City Clerk Harper announced announced that six (6) 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 Varipapa moved, second by Council Member Moore 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 Seal Beach COVID-19 Local Emergency Review Parking Project Update – Julie Dixon, Dixon Resources Unlimited 5 4 6 1 ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. City Clerk Harper announced that four (4) 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 three items on the posted agenda and indicated that all Council Members participated via teleconference. He reported that Council took no reportable action regarding Items A and B. He also reported regarding Item C, Notice of Potential Liability and Request for Second Tolling Agreement from BKK Working Group BKK Landfill, that the City Council authorized the City Attorney’s office to sign on behalf of the City a tolling agreement with the BKK Working Group - BKK Landfill to toll the statute of limitations for an additional period. CITY MANAGER REPORT City Manager Ingram had no items to report. COUNCIL COMMENTS Council Member Moore thanked the Public Works Department for quickly fixing the water main that broke in Leisure World. Additionally, he thanked staff for opening the cooling centers over the past several weeks for those in need of a reprieve from the heat. Council Member Varipapa thanked the Police Department, Fire Department, Marine Safety Department, and City staff for all the continued hard work during the pandemic. He reminded residents that school is now back in session and to drive safe and not speed. Council Member Massa-Lavitt indicated that she attended the Orange County Vector Control District meeting and noted that the West-Nile Virus has been detected in mosquitos in Seal Beach. She encouraged residents to make sure their screens are in good order and there’s no standing water around their yards. Additionally, she indicated that the Orange County Sanitation District project on Westminster is on schedule and progressing as planned. Mayor Pro Tem Kalmick noted how successful the Eisenhower Park dining opportunities have been. He indicated that there is music on Fridays and Saturdays and the area has been at capacity, and he loves to see how even during tough times the community is continuing to work together. He encouraged folks to come to Seal Beach to eat and enjoy a great experience. Additionally, he thanked the Police Department for their targeted enforcement efforts and indicated it has made an impact. Mayor Sustarsic also thanked the Police Department for their targeted enforcement efforts, and also thanked the Public Works Department for their ongoing support with projects in the College Park East area. 5 4 6 1 COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Varipapa moved, second by Council Member Moore, to approve the recommended actions on the consent calendar with exception of Item G that was pulled for separate consideration. 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 oncall 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 4 6 1 $5,000 and inspection services up to $5,000 in connection with the Project in the cumulative not to exceed amount of $10,000. City Clerk Harper took a roll call vote to approve the consent calendar items with exception of Item G. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR 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. Director of Public Works Steve Myrter provided a comprehensive presentation on this item and addressed Council Member questions. Mayor Pro Tem Kalmick moved, second by Council Member Varipapa, to 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. City Clerk Harper took a roll call vote to approve Item G. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa 5 4 6 1 NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS 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. Director of Public Works Steve Myrter introduced Project Manager Steve Gagnon with Raftelis who provided a comprehensive presentation on this item and addressed Council Member questions. Council Member Moore expressed concerns regarding the date of the Public Hearing and suggested pushing the date out three months. Per City Attorney Steele, the date would need to be set for a date certain on February 22, 2021. Council Member Moore moved, second by Council Member Varipapa, to adopt Resolution 7071 setting the Water and Sewer Rate Study Public Hearing Date for February 22, 2021. City Clerk Harper took a roll call vote to approve Item N. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried 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 5 4 6 1 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. City Manager Ingram introduced this item and indicated that since Chief Gonshak was appointed Chief of Police last December, he has spent the last 9 months critically analyzing and assessing the current command and organizational staffing structure of the Seal Beach Police Department and the critical services they provide to the community including the pay-to-stay jail and financial impacts of the of the City’s overall budget. She noted that the Chief has been proactive in making sure the Police Department is prepared for upcoming Police Officer retirements through the implementation of a succession plan to mitigate any operational impacts and service to the community. She indicted that tonight’s recommendation comes jointly from her and the Chief and addresses areas of deficiency. Chief Gonshak provided a comprehensive presentation on this item and addressed Council Member questions and provided clarification on the discussion items. Julie Dixon from Dixon Resources Unlimited, discussed existing parking enforcement resources, proposed additional parking enforcement resources, parking forecasts, and additional employee revenue breakdown for the period of 7/1/2020 – 6/1/2021. There was general discussion regarding parking enforcement. Council Member Varipapa moved, second by Mayor Pro Tem Kalmick, to 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. 5 4 6 1 City Clerk Harper took a roll call vote to approve Item I. AYES: Kalmick, Massa-Lavitt, Sustarsic, Moore, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Sustarsic adjourned the City Council at 9:48 p.m. 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. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Philip Gonshak , Chief of Police SUBJECT:Acceptance of 2020-2021 State Department of Alcoholic Beverage Control Grant Monies (ABC Grant) ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7073: 1. Authorizing the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control; and, 2. Authorizing the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and, 3. Approving Budget Amendment BA 21-03-02 in the amount of ($2,705). BACKGROUND AND ANALYSIS: The Seal Beach Police Department monitors crime and quality of life conditions relative to the 64 State of California Department of Alcoholic Beverage Control (ABC) licensees within the City. For fiscal year 2018 - 2019, the Police Department applied to ABC for a grant in non-supplanting funds - designed to aid in alcohol license, abuse, and enforcement. We were awarded a grant amount of $43,295. The predominant section most readily identified for this grant would be the downtown commercial/residential district known as “Old Town” and the actual roadway named Main Street. Main Street has 22 ABC licensees within its three- block length. In several years past, the City of Seal Beach has applied for and received grants from the ABC under their Grant Assistance Program (GAP). The current GAP will focus on alcohol and drug education for licensees, alcohol related crime prevention for merchants, briefing training for City of Seal Beach personnel, underage minor decoy operations – to include shoulder tapping of people to buy alcohol for underage minors and similarly physical attempts by minor decoys to purchase alcohol inside establishments. Furthermore, there will Page 2 8 3 5 be several directed enforcement efforts where police officers will respond to predetermined locations, which are known for habitual public intoxication arrests. The Seal Beach Police Department evaluated calls for service generated during 2019 within the 100-300 blocks of Main Street. During this evaluation, it was learned that there were approximately 500 alcohol related calls for service citywide and nearly 350 were generated in the “Old Town” area. Furthermore, there are four ABC licensed locations, all within approximately 100 yards of each other on Main Street, which alone generated nearly 100 calls for service related to alcohol. These four locations consistently generate the highest number of calls for service of all on-sale locations within the city. These quality of life issues can be significantly improved by using these grant funds to implement the above listed measures, as well as specifically targeting areas that generate the highest number of calls for service. Lastly, the City Manager or her designee will be authorized to execute on behalf of the City of Seal Beach a contract with the State of California Alcoholic Beverage Control for the stated purposes in the contract and authorize acceptance of the monies. 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 projected impact to the General Fund. The ABC grant monies were included in the Fiscal Year 2020-21 Adopted budget in the amount of $46,000, however the amount awarded was $43,295, therefore a budget adjustment is needed to decrease budgeted revenues and appropriations by $2,705 as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment Revenue Overtime Medicare Training & Meet Equip & Mat Special Dept 075-473-30975 075-473-40003 075-473-40017 075-473-40400 075-473-40700 075-473-40800 $46,000 39,900 600 2,500 2,500 500 $43,295 39,695 600 - 2,500 500 ($2,705) (205) - (2,500) - - Page 3 8 3 5 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7073: 1. Authorizing the City of Seal Beach, through the Seal Beach Police Department, to enter into a contract between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control; and, 2. Authorizing the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and, 3. Approving Budget Amendment BA 21-03-02 in the amount of ($2,705). SUBMITTED BY: NOTED AND APPROVED: Philip Gonshak Jill R. Ingram Philip Gonshak , Chief of Police Jill R. Ingram, City Manager Prepared by: Sgt. Dave Barr ATTACHMENTS: A. Resolution 7073 B. Standard Agreement between the City of Seal Beach and the State of California Department of Alcoholic Beverage Control (20-APP45 Seal Beach STD 213) RESOLUTION 7073 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING 2020-2021 GRANT OF $43,295 FROM THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) WHEREAS the City of Seal Beach, thru the Seal Beach Police Department was awarded $43,295 for specific enforcement related to the State Department of Alcoholic Beverage and Control; and, WHEREAS the Seal Beach Police department will use these funds to provide the highest level of service to the City of Seal Beach residents and visitors; and, WHEREAS the Seal Beach Police Department will accept these funds and apply them as directed from the State Department of Alcoholic Beverage Control. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby accepts this grant for the use of directed enforcement related to the State Alcoholic and Beverage Control violations. Section 2. The Council hereby authorizes the City Manager or her designee to execute on behalf of the City of Seal Beach all contracts and necessary documents and amendments in relation thereto. Section 3. The City Council hereby approves Budget Amendment BA 21-03-02 to allocate reduce the budgeted amount for the ABC to reflect the awarded amount: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment ABC Revenue Overtime Medicare Training & Meet Equip & Mat Special Dept 075-473-30975 075-473-40003 075-473-40017 075-473-40400 075-473-40700 075-473-40800 $46,000 39,900 600 2,500 2,500 500 $43,295 39,695 600 - 2,500 500 ($2,705) (205) - (2,500) - - 5 3 7 2 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th 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 7073 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September, 2020. Gloria D. Harper, City Clerk Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 1 of 2 EXHIBIT A SCOPE OF WORK I. SCOPE OF WORK • Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets. • Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These Programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals: 1. The operation period of the grant is July 1, 2020 through June 30, 2021. 2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. 3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant. 4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant. 5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. II. GOALS AND OBJECTIVES 1. Conduct at least three (3) IMPACT operations 2. Conduct at least four (4) Briefing training for all patrol personnel, to provide the latest information on relevant ABC regulations and effective enforcement strategies to gain knowledge of ABC laws, operations and practical experiences. 3. Conduct at least four (4) Shoulder Tap operations 4. Conduct at least four (4) Minor Decoy operations Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 2 of 2 5. Conduct at least three (3) Directed Enforcement operations 6. Conduct at least one (1) Special event operation on St. Patrick’s Day 7. Send out notification at least once (1) to licensees of the Online LEAD program Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month. III. PROJECT REPRESENTATIVES The project representatives during the term of this agreement will be: Seal Beach Police Department Dave Barr, Sergeant 911 Seal Beach Blvd. Seal Beach, CA 90740 (562) 799-4100 dbarr@sealbeachca.gov Department of Alcoholic Beverage Control Tony Lee, APP Agent 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (760) 522-6160 Tony.lee @abc.ca.gov Direct all fiscal inquiries to: Seal Beach Police Department Kelly Telford, Finance Director 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 ktelford@sealbeachca.gov Department of Alcoholic Beverage Control Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2572 Kristine.okino@abc.ca.gov Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS I. INVOICING AND PAYMENT • For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (20-APP45) and must not exceed the contract total authorized amount of $43,295.00. Invoices are to be submitted on a monthly basis, on the prescribed form designed by the Department of Alcoholic Beverage Control. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grant Coordinator 3927 Lennane Drive, Suite 100 Sacramento, California 95834 • Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2021. • Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2020 and on or before the project termination date, June 30, 2021. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. • Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. • Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under this gran t in any media. Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 2 of 3 II. BUDGET DETAIL COST CATEGORY TOTAL COST A. Personnel Services Overtime Sergeant and Officer $40,295.00 Benefits – n/a $0.00 TOTAL Personnel $40,295.00 B. Operating Expenses (attach receipts) “Buy Money” $500.00 TOTAL Operating $500.00 C. Equipment (attach receipts) Covert Surveillance Equipment $2,500.00 TOTAL Equipment $2,500.00 D. Travel Costs n/a $0.00 TOTAL Travel $0.00 GRANT TOTAL $43,295.00 Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 3 of 3 III. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. • Due to current and on-going fiscal uncertainty caused by the COVID-19 crisis, the grantee may spend no more than fifty percent (50%) of the grant amount without prior written authorization from the Department. The Department intends to authorize expenditures beyond the amount of fifty percent (50%) should its fiscal condition allow. IV. PROMPT PAYMENT CLAUSE • Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 2 of 4 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 3 of 4 a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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 (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders , as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 4 of 4 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Agreement Number: 20-APP45 City of Seal Beach through the Seal Beach Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contrac t termination. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2021, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language 5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement. Agenda Item E AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Agreement for Sharing Consultant Costs for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency Assessments and Emergency Response Plans with the Municipal Water District of Orange County ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7074: 1. Approving the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC) for a cost of $115,000; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 21-03-01 in the amount of $45,666. BACKGROUND AND ANALYSIS: Section 2013 of America’s Water Infrastructure Act (AWIA) requires community water systems that serve a population of at least 3,300 and not more than 50,000 people to complete a risk and resiliency assessment (RRA) and develop an emergency response plan (ERP). The RRA for Seal Beach is due June 30, 2021, and the ERP is due December 30, 2021. The AWIA effort required that three separate phases to be performed. The first phase, the “Crosswalk”, included a comprehensive review by MWDOC’s consultant of the City’s exiting Water Utility documents specific to water system security including the City’s 2002 Vulnerability Assessment. This evaluation also included review of the current City Water System Emergency Response Plan. This first Phase of work was completed in fiscal year 2019-20 in partnership with MWDOC for an amount of $15,205 under separate invoicing. 8 4 6 The AWIA‘s Phase II and Phase III efforts consist of preparing the RRA and the ERP that incorporates the findings from the RRA. An overview of the documents is provided as follows: Phase II - Risk and Resiliency Assessment Per AWIA requirements, the RRA shall include: 1. The risk to the system from malevolent acts and natural hazards; and, 2. The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; and, 3. The monitoring practices of the system; and, 4. The financial infrastructure of the system; and, 5. The use, storage or handling of various chemicals by the system; and, 6. The operation and maintenance of the system. Essentially, the RRA expands on the Vulnerability Assessment that all water systems were required to perform in 2002 to include assessments of potential natural hazards, cyber threats, and the financial infrastructure. Phase III - Emergency Response Plan No later than six months after certifying completion of its risk and resilience assessment, each system must prepare or revise, where necessary, an emergency response plan that incorporates the findings of the assessment. The plan shall include: 1. Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; and, 2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water; and, 3. Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and, 8 4 6 4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. As many of these requirements are similar, if not identical for many of the water agencies in Orange County, MWDOC has retained a consultant, Herndon Solutions Group (HSG) to prepare the RRA and ERP for member agencies that choose to participate. HSG was selected via a Request for Proposal process by MWDOC with member agencies contributing to both the development of the RFP as well as the selection process. A majority of MWDOC member agencies have agreed to participate with the MWDOC effort. The attached MWDOC cost sharing agreement is specific to completion of the AWIA’s Phase II, and Phase III efforts which consist of preparing the RRA and the ERP as summarized above. As shown on Exhibit A of the attached agreement, the total cost to complete both Phase II and Phase III of the AWIA effort is $145,666, which includes the completion of the RRA for a cost $83,855 and the ERP for a cost of $61,811. The City’s costs are based on the MWDOC consultant contract divided by the number of agencies participating in the joint project. The MWDOC AWIA Phase II and Phase III cost sharing agreement, approved by the MWDOC Board in September 2019, anticipated that Seal Beach would be part of this joint AWIA effort. However, City staff elected not to participate in this joint AWIA effort at time and thus did not execute this Agreement. Staff has since determined that the best course of action would be to opt into this MWDOC joint AWIA effort. In order to participate, MWDOC staff has requested the City execute the attached Letter of Clarification (LOC) to the AWIA Phase II and Phase III Agreement. Partnering with MWDOC will allow the City to benefit from the economy of scale under such common requirements rather than bearing these costs entirely by hiring our own consultant. Failure to submit either assessment by the deadline could result in a penalty of up to $25,000 per day. It should be noted that the RRA and ERP will contain sensitive information about the City’s Water Infrastructure, and therefore, the final assessment will neither be considered in an open City Council meeting nor will it be submitted to the State Water Resources Board or any other public agency where the document would be subject to the Freedom of Information Act. 8 4 6 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the agreement and resolution as to form. FINANCIAL IMPACT: The funding required for this project will come from the Water Capital Improvement Fund (019). There is available fund balance to cover this project. The total cost to complete the RRA is and ERP is estimated at $145,666. The FY 2020-2021 Capital Improvement Program Budget allocated $100,000 towards project number WT2105-Water System Vulnerability Assessments in anticipation of the AWIA requirements. The remaining $45,666 in required project funding will be accomplished through Budget Amendment BA-21-03-01. The table below summarizes the funding source breakdown: Account Amount CIP Project WT2105 $ 100,000 Budget Amendment BA-21-03-01 $ 45,666 Total $ 145,666 Budget Amendment BA 21-03-01 allocates and additional $45,666 to CIP Project WT2105 for a total of $145,666 to complete the RRA and ERP: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment AWIA Assessments 019-950-49605 CIP Project WT2105 $100,000 $145,666 $45,666 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. 8 4 6 RECOMMENDATION: That the City Council adopt Resolution 7074: 1. Approving the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC) for a cost of $145,466; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 21-03-01 in the amount of $45,466. 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 7074 B. Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC) RESOLUTION 7074 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT “AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2019 AMERICA’S WATER INFRASTRUCTURE ACT COMPLIANCE RISK AND RESILIENCY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FOR PARTICIPATING AGENCIES (PHASES II AND III)” WITH THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, section 2013 of the America’s Water Infrastructure Act’s (AWIA) requires community water systems that serve more than 3,300 people to complete a risk and resiliency assessment (RRA) and develop an emergency response plan (ERP); and, WHEREAS the RRA for Seal Beach is due June 30, 2021, and the ERP is due December 30, 2021; and, WHEREAS, the RRA essentially, this expands on the Vulnerability Assessment that all water systems were required to perform in 2002 to include assessments of potential natural hazards, cyber threats, and the financial infrastructure; and, WHEREAS, upon completion of the of its RRA, each system must prepare or revise, where necessary, an ERP that incorporates the findings of the RRA, and, WHEREAS, many of these requirements to complete the RRA and ERP are similar, if not identical for many of the water agencies in Orange County; and, WHEREAS, MWDOC has retained a consultant, Herndon Solutions Group (HSG) to prepare the RRA and ERP for member agencies that have chosen to participate, and, WHERE AS, Partnering with MWDOC will allow the City to benefit from the economy of scale under such common requirements rather than bearing these costs entirely by hiring our own consultant. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby Approve the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC) for a cost of $145,466. 5 4 4 1 SECTION 2. The City Council hereby approves Budget Amendment BA 21-03-01 to allocate $45,666 in account number 019-950-49605 in CIP Project WT2105 to provide the additional necessary funding to complete Phase 2 and Phase 3 of the AWIA effort: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment AWIA Assessments 019-950-49605 CIP Project WT2105 $100,000 $145,666 $45,666 SECTION 3. The City Council hereby authorizes and directs the City Manager, or her designee, to execute Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th 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 5 4 4 1 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 7074 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September, 2020. Gloria D. Harper, City Clerk %+()-. #/*.)- 8&), 216 2020 12734 $"’9 Agenda Item F AGENDA STAFF REPORT DATE:September 28, 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 Ardurra Group, Inc., dba AndersonPenna Partners, Inc. for On-Call Professional Inspection Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7075: 1. Approving Amendment No. 1 to the Professional Services Agreement dated July 22, 2019, with Ardurra Group, Inc., dba AndersonPenna Partners, Inc. to increase compensation by $500,000 for a revised total contract not-to-exceed amount of $740,000 for additional on-call professional inspection 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 requires on-going inspection services to support the demand and ensure construction work complies with design requirements and City standards. The City entered into a three-year on-call professional services agreement (Agreement) with Ardurra Group, Inc. dba AndersonPenna Partners, Inc. (Ardurra) on July 22, 2019, in response to this need. Ardurra has since provided inspection services including capital improvement projects, OCSD Westminster Force Main, I-405 Improvement Project (I-405), and various development permits. Given the magnitude of these efforts, the Agreement’s $240,000 compensation limit is close to being fully encumbered. The I-405 and OCSD interagency projects will be increasing their respective construction activities in the upcoming years. Staff anticipates additional inspection needs beyond those generally required for the City’s capital and development efforts. As such, Ardurra submitted a letter proposal to continue providing as-needed professional inspection services for an additional $500,000, Page 2 8 4 7 for a total Agreement not-to-exceed amount of $740,000. This amount was calculated based on average monthly inspection needs forecasted to the end of the PSA’s original term, which is slated to expire July 22, 2022. All other terms in the Agreement will remain unaltered. It should be noted that I-405, OCSD, and development permit-related expenditures will be reimbursed by the respective agency or applicant. 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 Ardurra Group, Inc., dba AndersonPenna Partners, 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 Ardurra Group, Inc., dba AndersonPenna Partners, 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 7075: 1. Approving Amendment No. 1 to the Professional Services Agreement dated July 22, 2019, with Ardurra Group, Inc., dba AndersonPenna Partners, Inc. to increase compensation by $500,000 for a revised total contract not-to-exceed amount of $740,000 for additional on-call professional inspection services; and, 2. Authorizing the City Manager to Execute Amendment No. 1. Page 3 8 4 7 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 7075 B. Ardurra Professional Services Agreement C. Ardurra Professional Services Agreement Amendment No. 1 RESOLUTION 7075 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 ARDURRA GROUP, INC. DBA ANDERSONPENNA PARTNERS, INC., FOR ON-CALL PROFESSIONAL INSPECTION SERVICES WHEREAS, the City has a robust capital improvement, development services, and interagency coordination program that requires on-call professional inspection services; and, WHEREAS, on July 22, 2019, the City entered into a professional services agreement with Ardurra Group, Inc. dba AndersonPenna Partners, Inc. (Ardurra) for On-Call Professional Inspection Services (Agreement) in the amount of $240,000; and, WHEREAS, due to the City’s ongoing professional inspection services needs, the not-to-exeed amount authorized under the Agreement with Ardurra for on-call professional inspection 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 28, 2020 to the Agreement dated July 22, 2019 between the City of Seal Beach and Ardurra Group, Inc. dba AndersonPenna Partners, Inc. to increase Ardurra’s compensation by $500,000 for a revised total contract not-to- exceed amount of $740,000 attached hereto as Exhibit “A-1” 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 28th day of September, 2020 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 5 4 4 2 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 7075 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September, 2020. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for On -Call Professional Inspection Services between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 Ardurra Group, Inc. dba AndersonPenna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 949) 428-1500 This Professional Service Agreement ("the Agreement") is made as of July 22, 2019 (the "Effective Date"), by and between Ardurra Group, Inc. dba AndersonPenna Partners, Inc. ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call professional inspection services, in the manner set forth herein and more particularly described in Section 1.0. B. Consultant represents that it is qualified and able to provide City with such services. C. City desires to retain Consultant and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 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, at the same time and in the same or similar locality. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. 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. 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 1 of 12 23057090 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 $240,000 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 $80,000 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. 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 2of12 23057090 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 6.3. The City Manager is the City's representative for purposes of this Agreement. 6.1. Dino P. D'Emilia is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.2. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Ardurra Group, Inc. dba AndersonPenna Partners 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Attn: Dino P. D'Emilia 7.3. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3 of 12 23057090 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 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 4 of 12 23057090 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 Section 15.0 of this Agreement. 9.0 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. 10.0 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. 11.0 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. 12.0 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 respect to this Agreement. Consultant shall maintain adequate records on the 5of12 23057090 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. 13.0 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. 14.0 Insurance 14.1. 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. 14.2. 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 number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant 6of12 2305709x3 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. 14.3. 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. 14.4. 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. 14.5. 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. 7of12 23057090 15.0 Indemnification, Hold Harmless, and Duty to Defend 15.1. Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, 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 15.0), 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 professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims 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. 15.2. Other Indemnitees. Other than in the performance of 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 Consultants, 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. 8of12 2305709x3 15.3. 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's indemnity obligation set forth in this Section 15.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 15.4. Consultant's covenants under this Section 15.0 shall survive the expiration or termination of this Agreement." 16.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 17.0 Labor Certification 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. 18.0 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. 19.0 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. 20.0 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. 9of12 2305709v3 21.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 23.0 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. 24.0 Prohibited Interests; Conflict of Interest 24.1. 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 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. 24.2. 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. 24.3. 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 10 of 12 2305709v3 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. 25.0 Attorneys' Fees If either party commences any legal, administrative or other action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, each party in such action shall bear its own attorneys' fees and other costs incurred in connection therewith. 26.0 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. 27.0 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. 11 of 12 2305709v3 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 By: Attest: By: Approvea as io ror By: f Craig A. Steele, City Attorney MR, 1% Md ain, d i 17 , rG - 011 - Iwi-I fri, 2305709v3 CONSULTANT: Ardurra Group, Inc. dba AndersonPenna Partners, California corporation By: Name: Lisa M Penna Its: Vice President By: Name: Dino D'Emilia Its: Vice President Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 12 of 12 EXHIBIT A SCOPE OF WORK & COST PROPOSAL 2305709v3 Proposal to Provide On -Call Professional Construction Inspection Services to the City of Seal Beach April 26, 2019 Submitted by: ARDURRA dba ANDERSON • PENNA PARTNERS IN PROJECT DELIVERY ANDERSONPENNA PARTNERS, INC. 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92660 949 428 1 500 1 960 EAST GRAND AVENUE, SUITE 300 • EL SEGUNDO, CA 90245 • 3 10 359 1 203 100 W. BROADWAY • LONG BEACH, CA 90802 1 6801 VAN BUREN BOULEVARD • RIVERSIDE, CA 92504 • 95 1 200 302 1 WWW.ANDPEN.COM ARDURRA COLLABORATE. INNOVATE. CREATE. April 26, 2019 Iris Lee, PE Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90140 dba ANDERSON • PENNA PARTNERS IN PROJECT DELIVERY. Subject: Proposal to Provide On -Call Professional Inspection Services to the City of Seal Beach Dear Ms. Lee, AndersonPenna Partners, Inc. (APP) welcomes this opportunity to present our bench of seasoned qualified public works inspection professionals to the City of Seal Beach (City) for this on-call contract. While the City is familiar with APP through the Ocean Place and Westminster Boulevard bicycle lane projects, this RFP allows us to provide a broader look at our capabilities. APP specializes in project delivery for local and regional public agencies. Our team members bring directly relevant experience with public works projects and capital improvements for cities throughout Orange and Los Angeles Counties. Core practices include public works inspection, construction management, program and project management, engineering design and staff augmentation. By selecting the APP team, the City will gain access to the following resources: A bench of technically current, proactive senior public works construction inspectors. APP's inspectors offer the proven ability to ensure compliance with plans and specifications, regulations and standards. They possess an in-depth understanding of the Greenbook, Caltrans manual, WATCH manual, and other relevant industry standards. Their extensive experience includes overseeing safety, traffic control, field public relations, NPDES and quality assurance on public infrastructure projects. A successful track record providing inspection services to coastal communities throughout Southern Calffornia. APP's inspection clients along the coast include the Cities of Long Beach, Manhattan Beach, Santa Monica, Laguna Beach, Newport Beach, Redondo Beach and Hermosa Beach. Gary Heinbuch, APP Inspection Services Quality Assurance Manager. Gary maintains ongoing, one-on-one communication with clients to ensure their complete satisfaction with work performed. He also provides regular coordination with all APP inspectors to ensure the proper tooling and quality control. Gary brings more than 35 years of construction management and inspection experience. Prindpal-in-Charge, Dino D'Emilia, PE, F.ASCE, QSD, whose top priority will be to ensure the City's satisfaction with the services provided. Dino currently manages APP's on-call inspection and construction management contracts with the Cities of Long Beach, Irvine, Lake forest, the Irvine Ranch Water District and many other public agencies. He has delivered more than $1 billion in public improvements. Newport Beach EI Segundo Riverside Long Beach www.andpen.com April 26, 2019 ANDERSON • PENNA Page 2 The APP inspection team's qualifications perfectly match the City's capital improvement priorities. The Seal Beach Five -Year Capital Improvement Plan emphasizes road, water, sewer and drainage and pier improvements. APP'S growth can be linked to successfully delivering projects such as these. Please see our project examples, which begin on Page 4. APP'S contractual contact for this RFP is: Dino P. D'Emilia, PE, F.ASCE, QSD, Vice President, Project and Construction Management Group Leader Ardurra Group, Inc. dba AndersonPenna Partners 1960 E. Grand Street, Suite 300, EI Segundo, CA 90245 Cell: (714) 458-0703, Email: ddemilia@ardurra.com In short, APP looks forward to being of expanding service to the City. Should you have any questions or desire any additional information, please contact me at (714) 458-0703 or ddemillia@ardurra.com. Respectfully submitted, Ardurra Group, Inc. dba AndersonPenna Partners Dino D'Emilia, PE, F.ASCE, QSD Vice President, Project and Construction Management Group Leader cc: Lisa M. Penna, PE, F.ASCE, QSD, Managing Principal Gary Heinbuch, Inspections Manager On -Call Professional Inspection Services Table of Contents Cover Letter City of Seal Beach CompanyQualifications..................................................................................................................................1 Backgroundand Experience.....................................................................................................................................................1 FinancialCondition...................................................................................................................................................................1 Professional Competence of Inspection Personnel ............................................ Quality Assurance/Quality Control (QA/QC)............................................................................................................................. 2 Document Tracking and File -Sharing Process with the City....................................................................................................2 References/Relevant Project Experience.......................................................................................................... 4 LocalStaffing List and Resumes....................................................................................................................10 OrganizationChart .................................................................................................................................................................10 Availability..............................................................................................................................................................................10 Resumesof Proposed Staff.....................................................................................................................................................11 Samples........................................................................................................................................................ 24 Exceptions.................................................................................................................................................... 26 Fee Proposal: Separately Sealed Envelope i I P a g e /i \ ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Company Qualifications Background and Experience AndersonPenna Partners, Inc. (APP) is happy to announce that we are now part of Ardurra Group, LLC (Ardurra) and represent the public works division of the firm. This partnership expands our services, capabilities and resources, as well as our geographic reach. With 350+ employees in 21 offices across the country, Ardurra is a Top 500 Engineering News -Record (ENR) -ranked engineering firm offering quality professional services focused on seven key areas including: public works, water, environmental, land development, disaster management, structural engineering and survey. With roots dating back more than 65 years, Ardurra specializes in multi -disciplined engineering and consulting services for public agency and private clients nationwide. Founded in 2005, APP specializes in project delivery for local and regional public agencies and special districts throughout Southern California. With an emphasis on practical, proven and cost-effective solutions, our capabilities range from local agency public works improvements to major transportation and public building facilities projects, as well as managing multi -project capital improvement programs for public agencies. APP's main office is in Newport Beach, CA with 58 employees operating out of Southern California. Services are managed out of our headquarters Newport Beach office near John Wayne Airport, as well as offices in the Cities of EI Segundo, Long Beach and Riverside to better serve our expanding client base. Firm Financial Condition APP at a Glance Year founded 2005 Type of Organization California Corporation Main Office 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Additional Offices 1960 E. Grand Street, Suite 300 EI Segundo, CA 90245 100 W. Broadway Long Beach, CA 90802 16801 Van Buren Boulevard Riverside, CA 92504 CA Employees — 58 Nationally — 350+ APP is in excellent financial condition. The business has grown substantially since its inception in 2005, currently serving some 70 clients in California and across the country. We have been headquartered in Newport Beach since 2011, work with a majority of the municipalities in Orange County. Professional Competence of Inspection Personnel APP has a comprehensive bench of inspectors who bring experience in all aspects of public works and building inspection, including earthwork grading, street improvements, building and bridge structure construction, railroads, storm drain, drainage channels, traffic signals, lighting and utility coordination on underground projects, landscaping, and commercial and institutional buildings. Our inspectors are competent, knowledgeable and will conform to City of Seal Beach codes and ordinances including Federal grant requirements, State of California Local Assistance Procedures Manual, the Green Book, APWA standards and where appropriate, LEED and OSHPD standards. They are strong in ensuring contractor compliance with plans and specifications and the requirements of state- and federally funded projects. At a time of high demand for public works inspectors, APP has been successful in attracting and retaining some of the area's most qualified technical professionals. Please refer to the resumes in this proposal for more details. Quality Assurance/Quality Control (QA/(K) QA/QC is a key component to any project, and a critical component in the delivery of timely and on -budget capital projects. Quality control will be an ongoing task throughout each project. The initial effort will be in the development of a project - 11 P a g e nRDURRn ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beads specific checklist that will establish specific tasks that need to be accomplished, the estimated completion date and a signature block for the project manager to sign that the task has been completed and reviewed. Submittals: For each of the milestone submittals, the project manager will be responsible to ensure that the submittal meets the scope requirements. In addition to plan and specification review, the project manager will evaluate progress and review the results of the comparison with the senior design engineer and, to the extent possible, develop a plan to keep the project within budget and on time. An independent constructability review will also be completed by a qualified construction manager. Schedule: Our project engineer will prepare and maintain a Microsoft Project schedule that focuses on delivering the project. The schedule, task lists, and progress reports will be used to list each task in the project to enable our project manager to hold members accountable for delivery. We will provide a summary report regularly that shows tasks completed, items that have changed, and schedule updates. Our Strategic Approach to a Quality Product Understand the Project: Quality control starts at the beginning of the project through planning and controls. At the forefront of the project, our project manager will discuss the proposed scope of work, projected schedule and estimated costs in detail with the City to ensure that the project scope and goals are fully understood from the onset. The Right People for the Project: Our project team has extensive, relevant experience in completing on-call inspection services for agencies throughout Southern California. The team that has been formed will hit the ground running, delivering on schedule and within budget. Communication: Our project manager has an excellent track record communicating with clients, subconsultants, staff, and stakeholders. Frequent communication and tracking of project progress is integral to his approach to every project. Familiar Subconsultants: When selecting subconsultants for our team, APP selects firms for their expertise and prior performance. Schedule Control: We have project management tools that forecast staff requirements and labor allocations three months in advance. Document Tracking and File -Sharing Process with the City Current project files will be kept at the job site, or at a location agreeable to the City, and shall always be available to the City. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFIs, field orders, change orders, claims inspection reports, plans, specifications, submittals, test reports, etc. (as distributed to the APP inspector by the City or other project participants). 21Page nRDURRA ANDERSON-PENNA On -Call Professional Inspection Services References/Relevant Project Experience City of Seal Beach In this proposal section, the featured representative projects required APP inspectors to provide some or all of the following inspection services required by RFP Section III, Scope of Services (RFP language shown in blue font, below): Attend preconstruction and ongoing construction progress meetings Coordinate contractor submittals and shop drawings Provide field inspections and ensure compliance with plans, specifications and standards Monitor project work site for unsafe conditions and proper BMPs Create and maintain a detailed inspection log, including photographic documentation, throughout the course of construction Serve as the inspector of record Follow federal requirements, procedures and filing systems for federally funded projects Coordinate inspection for capital improvement projects, development projects and encroachment permits Coordinate special testing and inspection work Verify prevailing wages and payroll information Verify progress payments Other inspection -related tasks, as necessary City of Seal Beach Services: Construction Inspection Principal -in -charge — Dino D'Emilia, 211 Eighth Street Start: 09/2018 Complete: Ongoing PE, F.ASCE, QSD Seal Beach, CA 90740 Project Value: $350,000 Gary Heinbuch — Inspections Steve Myrter, PE, Manager Director of Public Works Anthony Guzman, QSP — Lead 562) 431-2527 Inspector smvrterC@sealbeachca.aov APP is providing plan checking and inspection for grading and construction of the road and utility infrastructure that will support Ocean Place, a neighborhood of 30 luxury homes in an environmentally -sensitive beachfront location. Services have focused on the grading and construction of street improvements, storm drains, domestic water and sanitary sewer lines. A priority has been ensuring the use of storm water management best practices and compliance with the terms of a State Coastal Development Permit. The project includes a 6.5 -acre public park to be turned over to the City by the developer. Long known by Seal Beach locals as "the DPW Property," the land was once the site of a Los Angeles Department of Public Works steam -generating plant, built in 1925. The plant was shut down in 1951 and demolished in 1967. Workers tackle installing an 8 -inch sewer pipeline for Ocean Place. 41 nRDURRA ANDERSONTENNA On -Call Professional Inspection Services The table below illustrates the typical deliverables implemented on APP inspection projects: City of Seal Beach Items Method Master Schedule Assist with reviewing contractor Monthly or as submitted by Contractor submittals Look Ahead Schedule Assist with reviewing contractor Weekly submittals Correspondence Outlook, speed memos Daily/Continuous Project Documentation Hard files and electronic files Daily/Continuous Submittals Assist with reviewing contractor Daily, as required. 72 -hour turnaround submittals RFIs Assist City with determining Daily, as required. 72 -hour turnaround responses issued by City Progress Payments Assist City with determining Measurements — daily. Tentative progress measurement of quantities to be payment application review - Monthly paid Inspection Reports PDF Compiled Daily, delivered weekly Weekly Statements of Compiled in Excel or Word, Weekly Working Days delivered in PDF SWPPP/BMP Compliance Assist with reviewing contractor As applicable submittals Public Relations Inquiries Excel (Log) As required Photo Explorer Daily Project Contacts Outlook Daily Meetings Participation in periodic progress As required meetings 31Page nRDURRn ANDERSON-PENNA On -Call Professional Inspection Services City of Seal Beach City of Seal Beach Services: Construction Inspection Principal -in -charge — Dino D'Emilia, 211 Eighth Street Start: 03/2015 Complete: PE, F.ASCE, QSD Seal Beach, CA 90740 04/2015 Gary Heinbuch — Inspections Steve Myrter, PE, Director of Public Works Construction Cost: $1.4 million Manager 562) 431-2527 smyrterco)seaineacnca.gov APP provided inspection oversight for resurfacing and Class 2 bike path striping on Westminster Avenue between Seal Beach Boulevard and the eastern city limits. This 1.4 -million Caltrans project was funded by a grant from the Orange County Transportation Authority. Scope involved mobilization, surveying and construction staking, cold milling, removal and replacement of asphalt concrete pavement patching, crack sealing, asphalt rubber hot mix paving, PCC ADA ramp construction, bus pads, traffic and bike lane striping, utility adjustments, signage improvements, traffic signal loops, traffic control and storm water pollution prevention. Client/Reference: City of Long Beach, Public Works Program 333 W. Ocean Blvd 77 Project Dates: Services: APP Team: Long Beach, CA 90802 Tidelands Capital Improvement Division Eric 0. Lopez, Tidelands CIP Officer 562) 570-5690 eric.lopez@longbeach.gov Start: June 2014 Complete: April 2015 Inspection, Project Management Dino D'Emilia, PE, F.ASCE, QSD — Principal -in- charge APP provided inspection services for repairs to the Belmont Pier in Long Beach to correct structural deficiencies requiring immediate attention. Preceding construction, APP personnel surveyed the site, identified the required repairs, developed specifications and repair details using material resistant to the corrosive environment and assisted the City in requesting proposals for the work. The first part of the project involved developing a vision and a process for the Pier replacement. 51 ARDURRA ANDERSON`PENNA On -Call Professional Inspection Services City of Seal Beach Long Beach Water Department Services: Construction Management, Services: Construction 200 S. Anaheim Boulevard Dino D'Emilia, PE, F.ASCE, QSD — Principal- LBWD) Anaheim, CA 92807 Management Gary Heinbuch — Inspections Manager in -charge 1800 East Wardlow Road Don Wren, Jr. — Lead Inspector Start: 09/2016 Gary Heinbuch — Inspections Manager Long Beach, CA 90807 Complete: 05/2017 JCortez@anaheim.net Omar Alameddine, EIT — Assistant Jacob Hester, Project Manager Construction Cost: Construction Manager/ Inspector/ 562) 570-2345 1,013,978 Documents Control Specialist Jacob.Hester@lbwater.org Dustin Blackwell — Construction Support APP provided construction management and inspection services for construction of approximately 1,200 feet of 8 -inch - diameter ductile -iron water main under Atlantic Avenue from Eighth to 101" streets in Long Beach. This project was the second phase of a City program to replace outdated water infrastructure in the city's Liberty Court area. The first phase constructed 8 -inch water mains in streets surrounding Liberty Court, except Atlantic Avenue. Phase II construction included: Installing connections to existing mains and the new mains installed during Phase I in 811, 9' and 106 Streets; Installing new LBWD-furnished meters in meter boxes. Associated construction work included cutting and plugging the previous water lines, removing the previous meter boxes and restoring the ground surface. Traffic control was provided on Atlantic Avenue, Linden Avenue, Eighth, Ninth and 10th Streets. The antiquated CIP water mains in alleys and streets in the project area were abandoned. APP was instrumental in maintaining meticulous field measurements and records used in negotiating fair change orders due to unforeseen conditions in the field. City of Anaheim Services: Construction Management, Dino D'Emilia, PE, F.ASCE, QSD — 200 S. Anaheim Boulevard Inspection, Contract Administration Principal -in -charge Anaheim, CA 92807 Start: 12/2018 Complete: Ongoing Gary Heinbuch — Inspections Manager Jose Cortez, Construction Contract Project Value: $2.9 million Don Wren, Jr. — Lead Inspector Administrator Dustin Blackwell — Documents Control/ 714) 765-5039 Labor Compliance JCortez@anaheim.net APP is providing the City of Anaheim with construction management, inspection and related services to widen the busy intersection of State College Boulevard at La Palma Avenue. The City launched the project to reduce congestion and increase public safety with a full slate of improvements, from adding lanes to resurfacing pavement and replacing sidewalks. Over about four months, the intersection will be widened with additional left -turn lanes in all directions. Updates will include a repaved road surface, raised medians, landscaping and irrigation. Related changes entail replacing sidewalks, curb and gutter, moving utilities; modifying traffic signals and many related upgrades. Each day, some 54,000 vehicles pass through the State College -La Palma intersection in northeast Anaheim, near the Riverside (91) and Orange (57) Freeways. On one comer sits a shopping center anchored by a large grocery store. Within a three-mile radius live more than 220,000 residents. 61 P a g e ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Torrance Craig Bilezerian, PE, City Engineer 3031 Torrance Blvd. Torrance, CA 90503 310) 781-6900 cbilezerian@torranceca Services: Construction Inspection, Construction Management Start: 09/2016 Complete: 05/2017 Construction Cost: 3.8 million City of Seal Beach Dino D'Emilia, PE, F.ASCE, QSD — Principal -in -charge Gary Heinbuch — Inspections Manager Anthony Guzman, QSP — Inspector Omar Alameddine, EIT — Inspector APP provided construction support for this project extending from Sepulveda Boulevard to Sk ark Drive and Pacific Coast Highway to the south city limit. Yp 9 Y ty Crenshaw Boulevard is a critical six -lane roadway that provides north -south access k. through the city APP inspected pavement rehabilitation, sidewalk and curb and gutter repairs, ADA ramp compliance, striping and landscaping. City of Lake Forest 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Tom Wheeler, PE, Director of Public Works/City Engineer 949) 461-3480 twheeler@lakeforestca.gov Services: Construction Inspection, Municipal Engineering Start: 06/2011 Complete: 04/2020 Contract Value: $1.85 million 4/2019-04/2020) APP has a multi-year contract with the City Public Works Department to provide municipal engineering services, including public works and land development -related inspection. Tasks include reviewing land use applications, plan checking development grading and improvement plans, inspecting approved land development construction, inspecting approved work in the public right-of-way, public works encroachment permit inspection, capital improvement project design, construction management and inspection, water quality program management and providing additional staff on an as -needed basis. 71 Principal -in -charge — Dino D'Emilia, PE, F.ASCE, QSD Gary Heinbuch — Inspections Manager Pat Madsen, QSD —landscaping Inspector John Dela Cruz, QSD —Subdivision Improvements/Grading Inspector Chip Vanderbeek —Subdivision Improvements/Grading Inspectgor Paul West, QSP —Subdivision I Improvement/Gradino Inspector ARDURRA ANC On -Call Professional Inspection Services City of Seal Beach City of Irvine Start: 2010 Complete: Dino D'Emilia, PE, F.ASCE, QSD — 6427 Oak Canyon Ongoing Principal -in -Charge/ Construction Irvine, CA 92618 Contract Value: 2016-2019 Manager Rick Torres, Construction Inspection (renewal): $600,000 Gary Heinbuch — Inspection Manager Supervisor Don Wren, Jr. — Inspector (past) 949) 724-7653 Eric Egurrola — Inspector (past) RTorres@ci.irvine.ca.us Manuel Briones — inspector (past) APP public works inspectors having been supporting City of Irvine capital improvement projects since 2010. Project types have included streets, bridges, bike trails, drainage improvements, parks, public facilities, trails, traffic signals, landscaping and irrigation projects and sports fields. Representative projects have included: City Council Chamber Facility Improvements Orange County Great Park South Lawn Pump Station New Road Construction. PA -6 N56, Astor D5, PA -1 NH3, Portola Springs PA 6 Workplace Safety Enhancements, City Hall and OFS Wildlife Corridor Mitigation Site Annual Street Rehabilitation and Slurry Seal ADA Facility Improvements Lakeview Senior Center Rehabilitation Hazen/Wainut Improvements PA -6 Portola Springs Median CDC Fire Station No. 20 HVAC Replacement, Buildings 3-4 District 1 North and District 1 South Irvine Boulevard from SR -133 to LY Street Irvine Boulevard from SR133 to LY Street Ridge Valley, from Irvine Boulevard to Portola Parkway Bee Canyon Storm Drain Improvements San Diego Creek Bike Trail Rehabilitation 8 1 P a g e ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Manhattan Beach 1400 Highland Ave. Manhattan Beach, CA 90266 Stephanie Katsouleas, PM 310)802-5321 skatsouleas@citymb.info Harrison Greenberg Foundation 330 Sepulveda Boulevard Manhattan Beach, CA 90266 Michael Greenberg/Robin Curren 310) 318-3100 chers.com/robine@skechers.com Services: Project Management, Construction Management Start: 09/2016 Complete: 12/2018 Project Value: City Pier Renovation: $3 million Total Project $4.2 million including Roundhouse Aquarium Renewal As project manager, APP oversaw the complex renovation of a California historic landmark and jewel of the community, the Roundhouse Aquarium on the Manhattan Beach Pier. The Roundhouse Aquarium is a public educational and research facility showcasing the fish, plants and invertebrates that live under the waves, a stone's throw from the City's famous beaches. APP'S role was not limited to the Roundhouse Aquarium. City of Seal Beach Dino D'Emilia, PE, F.ASCE, QSD Principal-in-charge/Project Manager/Construction Manager Joseph Stoakley, PE, QSD, Construction Manager Dustin Blackwell — Project Controls Officer APP assisted the City in coordinating the concurrent $3 -million replacement of all major utilities along both sides of the pier as well as under the structure. The City's project also renovated the Roundhouse building's exterior shell, including the stucco fa4ade, clay tile roof and cupola and doors and windows. APP managed the project from inception to design and entitlement of the project achieving the following milestones: Procuring the design and environmental consulting team Facilitating a consensus -driven design process Administering professional services agreements Coordinating and expediting the process of obtaining entitlements and permits, including: o Coastal Development Permit from the California Coastal Commission o U.S. Army Corps of Engineers National 3 Permit o Regional Water Quality Control Board 401 certification o California Parks and Recreation Department plan check, California Fire Marshal, ADA Section and architectural historian approvals o Los Angeles County Department of Beaches and Harbors Right of Entry Permit o Los Angeles County of Public Works Right of Entry Permit o City of Manhattan Beach Building and Safety permits ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Local Staffing List and Resumes Organization Chart The team shown below will provide the services detailed in RFP Section III (shown on Page 4 of this proposal). Principal -in -charge Dino P. D'Emilia, PE, F.ASCE, QSD, is authorized to negotiate this contract on behalf of APP. No person designated as key personnel will be removed, replaced or reallocated without prior written concurrence of the City. City of Seal Beach Availability Principal -in -charge Dino P. DI Emilia, PE, VASCE, QSD ANDERSONTENNA APP maintains sufficient personnel resources to meet the anticipated project requirements under this contract. Please note that APP cannot guarantee the availability of a specific individual, due to project commitments that may exist at the time a project is awarded. However, APP will ensure the availability of an experienced and well-qualified team member acceptable to the client. 10lP a g e V ,— \ nRDURRn ANDDEEERSONTENNA On -Call Professional Inspection Services City of Seal Beach Resumes Dino P. D'Emilia Dino D'Emilia, PE, F.ASCE, QSD is APP'S Project Manager and Construction PE, F.ASCE, QSD Management Group Leader. He brings extensive experience in project leadership, construction management and civil engineering. He has completed nearly $1 billion Principal -in -charge in local agency public works projects in Southern California. Among the agencies Education that rely upon Dino's abilities as a project and construction manager are the City of BS/1991/Civil Engineering, Long Beach forthe $103.1 -million Belmont Pool Rebuild and Revitalization and the Northeastern University, City of Torrance for the $21 -million Transit Center Project and $15 -million Del Amo Boston, MA Boulevard Extension. Professional Registrations 1996/PE/CA #C55453 Professional Certifications Fellow, American Society of Civil Engineers (F.ASCE) Qualified SWPPP Developer (QSD) Qualified SWPPP Practitioner (QSP) OSHA 10 -Hour Certification Professional Affiliations Guest Lecturer in Construction Management, California State University, Long Beach, College of Engineering, 2016 American Public Works Association APWA), Southern California Chapter City Engineers Association County Engineers Association Construction Management Association of America American Society of Civil Engineers Chi Epsilon, 1990 -present Honors and Awards Top Leader, Private Sector, APWA Southern California Chapter, 2004 Years of Experience Entered the profession in 1983 111 P a g e RELEVANT EXPERIENCE On -Call Project Management/Construction Management/Inspection, Various Projects, City of Irvine, CA. Principal -in -charge for on-call contract. Since 2010, APP has been providing the city with capital improvement -related construction inspection services, including assessment district and developer -related projects. On-call Public Works Inspection, Irvine Ranch Water District (IRWD), Irvine, CA. Principal -in -charge for multi-year contract to provide full-time public works inspectors for capital improvement projects and developer improvements in the agency's service area. Representative projects include installing water mains up to 12 inches in diameter, lowering water mains, house line connections, fire services, water quality testing, street resurfacing, potable water wells and recycled water wells for new communities, such as Orchard Hills and Laguna Altura. On-call Municipal Engineering Services, City of Lake Forest, CA. QA/QC director for construction management and inspection for a $3.6 -million multi-year contract with the city. APP provides services for general municipal engineering, review of land use development applications, plan check for proposed developments, public works encroachment permit inspections, capital improvement project design, construction management and inspection and water quality program management. On-call Public Works Inspection Services, City of Tustin, CA. Project manager overseeing the delivery of inspection assistance for infrastructure projects such as grading, streets, curb and gutter, ADA ramps, storm drain, bike paths, storm water, and sewer projects. Works closely with the City's project manager to clarify scope, schedule, budget, deliverables, and performance expectations. Assigns staff with the applicable expertise and training necessary to handle the duties and protect the City's interests. On-call Public Works Construction Management and Inspection Services, City of Long Beach, CA. Project manager for three-year, $3 -million contract for as - needed construction management, public works inspection and deputy inspection for capital improvements. ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Garry Heinbuch Gary Heinbuch, APP's manager of inspection services, has 40 years of construction Project Manager management, construction administration, and inspection experience with public works, roadway, landscaping, recreational and building facility projects throughout Education Southern California. He has managed construction projects totaling more than $600 BA/Industrial Arts/California State million. Gary is very knowledgeable about federal, state and local codes and University, Long Beach standards such as Caltrans, ICC, ADA and OSHA safety requirements. Professional Affiliations RELEVANT EXPERIENCE Construction Management On-call Public Works Inspection, City of Irvine, CA. Inspections manager Association of America overseeing a three-year, $3 -million contract for developer- and City -constructed Licensed Contractor/CA #633640 improvements in Irvine. inactive) Capital Improvements, Irvine Ranch Water District (IRWD), Orange County, Years of Experience CA. Inspections manager for this $1.2 -million multi-year contract with IRWD to Entered the profession in 1977 provide public works inspection for capital improvement projects and developer improvements within the IRWD territory. Inspectors have been assisting IRWD full- time and inspecting a wide range of improvements. These include the installation of new water mains up to 12 inches, service connections, house line connections, fire services. Inspections have also addressed: water -main lowering, water quality testing, street resurfacing, potable water wells and recycled water. Provided inspection oversight for Wells 107,110 and 115, projects involving the extensive use of Baker tanks. On-call Inspection Services, City of Lake Forest, CA. Inspections manager overseeing multi-year contract with the City to provide inspection for construction for CIP projects citywide. Work includes inspection for ADA ramps, street lighting installations, all encroachment permit projects, grading, storm drain, wet and dry utilities, curb and gutter projects, sidewalk projects and all restoration projects within an encroachment permit. On-call Building Inspection Services, los Angeles County Department of Public Works (LACDPW), Los Angeles County, CA. Inspections manager overseeing building inspections performed under $3 -million contract. Projects have included: Marina Del Rey stormwater best management practices, Parking Lots 5 and 7 ($500,000); Martin Luther King Multi - Service Ambulatory Care Center Orchid/Humphrey Facility ($5 million); LA Sheriffs Department Biscailuz Regional Training Campus ($13 million); and the Eastern Avenue Hill, Area -2 Landscaping ($2.5 million). On-call Building Inspection Services, County of San Diego, CA. Inspections manager overseeing work performed for building inspection contract. Inspections involve reviewing structures for completeness and correctness of commercial and residential building design, as defined by the approved set of plans. Inspectors provide support services to the County's Department of Planning and Development Services. 121Page ARDURRA ANDERSON-PENNA On -Call Professional Inspection Services City of Seal Beach Anthony Guzman, Anthony Guzman, QSP, is a senior inspector who has played a significant role in the QSP success of projects involving roads, bridge construction, sewer rehabilitation and major freeway expansions. Areas of expertise include Caltrans coordination and Public Works Inspector compliance, underground structures, concrete, traffic control and overall compliance Certifications with plans and specifications. Anthony is proficient in Caltrans specifications and Qualified SWPPP Practitioner (QSP), standards, the "Standard Specifications for Public Works Construction." 26705 RELEVANT EXPERIENCE Certified Erosion, Sediment and Ocean Place Development, City of Seal Beach, CA. Lead inspector forStormWaterInspector (CISSEC), construction of the Ocean Place park and luxury home development, located in an2354 environmentally sensitive beachfront location. Inspecting slope and erosion control ICC Certified Reinforced Concrete and use of storm water best management practices. Other inspections address Inspector (in progress) construction of sanitary sewers, domestic water lines, on- and off-site street Certified Inspector of Asphalt Paving improvements. Ensuring compliance with terms of a state coastal development Removal and Replacement permit. Certified Inspector of Concrete Mission Road Rehabilitation, City of Alhambra, CA. Lead Inspector for $3.5 - Removal and Replacement million, federally funded 2.25 -mile grind -and -overlay road rehabilitation. Inspected Certified Traffic Control Inspector removal and replacement of 32 ADA -compliance ramps. Monitored traffic control OHSA 10 -Hour measures daily for compliance with W.A.T.C.H manual. Project involved constructing Years of Experience 14 median islands accented with river rock. Inspected installation of drip irrigation, Entered the profession in 2006 178 boxed trees and 3,915 plants. Conducted employee interviews, in compliance with federal requirements. Don Wren, Jr. Don Wren, Jr. has extensive experience performing public works project inspections Public Works Inspector on capital improvements. His project background includes water and sewer, street improvements and parks. He brings strong expertise in concrete placement Certifications inspection and materials testing. ACI Certified Technician, Concrete RELEVANT EXPERIENCE Field Testing/American Concrete Institute Capital Improvement Projects, City of Anaheim, CA. Lead APP inspector for capital improvements program with projects exceeding a combined $57.2 million. Years of Experience Entered the profession in 1992 On-call Citywide Public Works Inspection, City of Irvine, CA. Inspector for developer -and City -initiated improvements. Examined work involving water, sewer and storm drain systems, backfilling and compaction. Inspected preparation of subgrades for curb and gutter as well as paving and the construction of sidewalks, driveways and ADA -compliant ramps. Evaluated installation of signage and striping. Prepared daily inspection reports and photos. Reviewed and approved change orders and billing. Scheduled punchlist walks for City and contractors during final project stages. Reviewed as-builts, submitting them to the City with the acceptance letter. Jamboree Road -1-5 Widening and Interchange Improvements, City of Irvine, CA. Inspector for complex, high-profile project requiring extensive coordination involving the Cities of Irvine and Tustin, Caltrans and several utilities. Inspected removal and replacement of one mile of roadway, curb and gutter, sidewalks, ADA ramps and driveway approaches. 131Page nRDURRn ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Tony Harris Public Works Inspector Tony Harris has more than 30 years of technical and Public Works Inspector administrative experience on construction projects. Inspection career highlights Special Inspector include eight years with the Port of Long Beach and 25 years with the City of Long Education Beach Gas and Oil Department. Tony served as the Port's principal construction Survey and Mapping inspector, leading a team of City and consultant inspectors. Their work addressed Certification/Coastline Community capital and tenant improvements, public works utility projects and College/Fountain Valley, CA on-call contracts. Certifications* Douglas "Doug" Davidson is highly proficient in administrating the design, ICC Certified Structural Welding RELEVANT EXPERIENCE Special Inspector Public Works Inspection Management Services, Port of long Beach, CA: ICC Certified Structural Steel and Principal construction inspector managing six in-house inspectors as well as Bolting Special Inspector consultant inspectors and test laboratory personnel providing as -needed services. Certified Welder/AWS Supervised the following on-call services: asphalt paving and striping, equipment Structural Steel Deputy rental, wet utilities, fencing, marine concrete repairs, waterborne construction, Inspector/City of Long Beach asphalt and concrete recycling. Assisted the construction management team with More available upon request project estimation. Managed laboratory contracts for materials and performance technical training in drafting, testing, developing the test lab budget, verifying test results and tracking lab costs. Years of Experience Reviewed progress payment requests from contractors, verified compliance with Entered the profession in 1986 codes, plans and specifications. Provided quality control. Helped resolve project Construction Inspection/California issues during construction, provided daily personnel administration, mentored staff, State University, Los Angeles reviewed inspector daily reports and created a team -oriented work environment. Preliminary and Advanced Irrigation work performed prior to joining APP Douglas Douglas "Doug" Davidson is highly proficient in administrating the design, Davidson construction and/or rehabilitation of various types of projects, including public Public Works Inspector facilities, public rights-of-way, neighborhood parks and community park improvements, both as a public agency employee and a consultant. He has Education/Training outstanding communications skills, both written and verbal, and the ability to AA/Architectural Design/ quickly establish a working rapport with co-workers, consultants and the public. Cerritos College, Cerritos, CA RELEVANT EXPERIENCE U.S. Air Force, Sheppard AFB, Site Development Specialist with Capital Improvement Construction, City of Laguna Hills, CA. Senior public technical training in drafting, works inspector focused on permit compliance. Conducts inspections of grading surveying, and inspection mass, fine, precise), public streets, right-of-way, utilities, traffic signals, storm Studies in Public Works drains, parks and landscaping. Monitors and documents the progress of permit Construction Inspection/California work and the contractor's compliance with applicable laws, regulations, plans, State University, Los Angeles specifications and standards. Preliminary and Advanced Irrigation Public Works Inspection Services, City of Lake Forest, CA. Performing public Design/Orange Coast College works inspections and preparing punch lists for numerous projects. Inspects grading, paving, drainage, waterline, landscaping, and irrigation improvements. Years of Experience Coordinates inspections with several agencies, including City of Lake Forest, Ladera Entered the profession in 1970 Ranch and the Irvine Ranch Water District. 141 P a g e nRDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Brian Briones Brian Briones has served as a public works inspector on domestic water, sewer and Public Works Inspector recycled water line relocations, as well as pavement renewal and storm drain construction. Recent projects include a sewer main rehabilitation for the City of Education 2011/Coastline Community College, Manhattan Beach and relocating wet utilities for the City of Burbank. Fountain Valley, CA RELEVANT EXPERIENCE Certifications Conduit Relocation Project, AT&T California (for City of Burbank), Burbank, 40 -Hour OSHA Hazardous Waste CA. Inspector monitoring work of AT&T personnel placing dry utilities. Serves as Site Operations (29 CFR 1910.120) project liaison on behalf of AT&T to the City of Burbank. 8 -Hour OSHA Confined Space, On-call Municipal Engineering Services Contract, City of Lake Forest, CA. Competent Person, Hazardous Public works inspector monitoring grading for citywide capital improvement Waste Site Supervisor and Fork Lift projects. Inspections also address ADA ramps, streetlight installation, wet and dry Safety utilities, curb and gutter and sidewalks. Troxler Labs Compaction and Strand Stairs Rehabilitation Project, City of Manhattan Beach, CA. Density Testing Certification Construction inspector/project controls/labor compliance specialist for this $1.1 - Years of Experience million federally funded project, which included the removal and replacement of Entered the profession in 2005 eight stairs and the repair of 16 stairs. Conducted inspections per Caltrans and all applicable Federal Highway Administration (FHWA) Standard Plans, "Standard Special Provisions for Public Works Construction" and the City's standard plans. Keith Forbes, Keith Forbes, QSP, has a broad range of construction inspection experience with QSP local, regional, state and federal agencies, as well as large commercial and industrial firms. Keith is trained in Caltrans highway safety practices, is, OSHA Public Works Inspector construction safety -certified and holds multiple ICC and ACI certifications. His Education expertise includes on-site inspection, plan review, project coordination, report Columbia College/Sonora, CA development, documents control and client relations. U.S. Army Corps of Engineers RELEVANT EXPERIENCE Training Capital Improvements, City of lake Forest, CA. Public works inspector for Certifications construction of capital improvements citywide. Performs wide range of inspections Certified Erosion, Sediment and involving construction of new homes in the Baker Ranch master -planned Storm Water Inspector (CESSWI), community. Inspecting mass grading and final precise grading for new homes in 4695 Baker Ranch neighborhoods. Inspections address variety of elements, such as Qualified SWPPP Practitioner construction of storm drains, area drains, curbs and gutters, sidewalks, ADA ramps, QSP), #25929 street lighting and wet and dry utilities. Inspects all projects requiring encroachment Years of Experience permits. Entered the profession in 1989 Cherry Avenue Widening, City of Signal Hill, CA. Inspector for the first phase of project extending from 230 feet south of Pacific Coast Highway (PCH) to the 19th Street intersection. Services for this federally funded project were provided in compliance with federal standards and requirements, as detailed in the Caltrans Local Assistance Procedures Manual." 151Pa9e n/RDU\RRn ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Omar Omar Alameddine, EIT, brings more than 10 years of experience in managing and Alameddine, EIT inspecting road, highway, bridge and drainage construction. Omar has also helped Construction Manager/ streamline the completion of projects that have extended the lifespan of residential streets. Inspector RELEVANT EXPERIENCE Education BS/2009/Civil Engineering/ Firestone Boulevard Regional Corridor Capacity Enhancements, Project No. California State Polytechnic 476 -TRF, City of South Gate, CA. Lead inspector for $5 -million project University, Pomona constructing major improvements to three segments of Firestone Boulevard. APP is subconsultant to project prime. Attends and prepares project meeting minutes. Registrations Ensuring project alignment with plans and specs. Monitors compliance with storm EIT/CA #151070 water best management practices, such as placing fabric on all catch basins. Years of Experience Documented existing conditions in project area, such as tree wells to be removed. Entered the profession in 2006 Observing utility potholing, traffic control. Maintains personnel and equipment log. Signal Hill Dog Park, City of Signal Hill, CA. Construction manager overseeing the $662,000 construction of a community dog park with artificial turf, landscaping, a parking lot and sidewalks. Collaborated with the City's inspector and public works director. Provided public relations support in the field. Participated in progress meetings; ensured safe conditions and compliance with plans and specifications. Eric Egurrola Eric Egurrola is a senior construction inspector with significant experience with Public Works Inspector capital improvements for cities. He has inspected buildings, ADA improvements, road rehabilitation, storm drains and a reservoir. For 13 years, Eric served as a staff Education construction inspector with the City of Fullerton. He has also inspected public AS/Water Utility Science/Rancho works construction for the Cities of Irvine, Brea, Ontario and South Gate. Santiago College, Orange, CA RELEVANT EXPERIENCE Certifications NUCA Trenching and Excavations ADA Facility Improvements, Operations Support Facility -Building 1, City of 8 -Hour Safety, Competent Person Irvine, CA. Construction inspector for interior accessibility improvements to men's Training and women's restrooms in Building 1, exterior accessibility upgrades to building Fall Protection 8 -Hour, Competent entrances, sidewalks, access ramps and handrails, Inspected installation of signage Person Training and striping for compliance with accessibility standards. NUCA Confined Space Entry Training On-call Inspection Services Contract, Irvine Ranch Water District, Orange Traffic Control Technician Training County, CA. Senior construction inspector for capital improvements initiated by the City and developers. Inspects such project types as construction of water or sewer Registrations lines, reservoirs and pump stations. State of California Water Treatment Operator T2, #18635 Annual Concrete Rehabilitation Project, CIP No. 199, City of Cypress, CA. State of California Water Construction inspector for annual program of road and related improvements in Distribution Operator D3, #8151 several Cypress neighborhoods. Inspected removal and replacement of sidewalks, curb and gutter, driveway approaches. Ensured that traffic control measures were Years of Experience employed and in compliance with plans. Inspected removal of some 30 trees Entered the profession in 1998 ranging in height from approximately four to more than 14 feet. Inspected installation of a detectable warning surface, used to alert people with impaired vision of their approach to street crossings and drop-offs. 161Page i nRDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Matthew Reagan, Matthew "Matt" Reagan, QSP, has collaborated with a variety of public agencies to QSP deliver roads, highways and bridges built to city, as well as Caltrans standards and Public Works Inspector specifications. Matt has inspected the installation of sidewalks, curb and gutter and new utilities. Certifications Qualified SWPPP Practitioner (QSP), 26486 (expires 10/04/2019) Certified Erosion, Sediment and Stormwater Inspector (CESSWI), 68254 OSHA 10 -Hour Training BNSF Contractor Safety Orientation Course Caltrans 24 -Hour SWPPP Years of Experience Entered the profession in 1980 Paul West, QSP Public Works Inspector Certifications ICC Reinforced -Concrete Certification — in Progress Level III Quality Control Inspector Certification, Precast/Pre-stressed Concrete Institute Grade I Field Technician/American Concrete Institute (ACI) Level I Laboratory Testing Technician/ACI Strength Testing Technician/ACI Testing Method Certifications, Caltrans Qualified SWPPP Practitioner (QSP) 26953 Certified Erosion, Sediment and Stormwater Inspector CESSWI) #2558 Years of Experience Entered the profession in 2000 171Page His inspections have also addressed the relocation of utilities including water, storm drain and sewer pipelines. He has also inspected roadway retaining walls, traffic control and SWPPP. RELEVANT EXPERIENCE Capital Improvements, City of Lake Forest, CA. Public works inspector for citywide CIP construction projects. Inspects work on ADA ramps, street light installations, encroachment permit projects, grading, storm drains, wet and dry utilities, curb and gutter, sidewalk projects and all restoration projects within an encroachment permit. Wet -utility agencies include EI Toro Water District, Irvine Ranch Water District, Santa Margarita Water District and Trabuco Canyon Water District. Dry utility agencies include The Gas Company, AT&T and Cox. Inspected Baker Water Treatment project that involved working in conjunction with the Irvine Ranch Water District and installation of 36 -inch CMCL pipe. Paul West, QSP, has inspected road construction and conducted materials testing for nearly two decades. He brings in-depth knowledge of most roadway construction materials and methods. His expertise includes excavation, soil composition and reinforced steel, asphalt and pre -cast, pre -stressed and rapid -set concrete. RELEVANT EXPERIENCE Capital Improvements, City of lake Forest, CA. Public works inspector for citywide CIP construction projects. On-call Public Works Inspection, City of Burbank, CA. Public works inspector reviewing plans and specifications, conducting job walks and advising project engineer. Minimized project impacts on businesses and residents. Took pre -construction photos of potential concerns, such as schools near the project area. Ensured distribution of construction notifications. Monitored traffic control compliance with approved plan or WATCH manual guidelines. Evaluated project conformance with applicable codes and regulations at the local, County, City, state and federal levels. Ensured work was performed per Cal/OSHA requirements. Road Improvement Projects, City of Cerritos, CA: Roadway inspector and materials testing technician performing quality control and quality assurance inspections. Placed rapid -set concrete, joint planed concrete placement and continuous reinforced concrete placement roadway inspections and materials testing. work performed prior to joining APP ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Charles Patrick Charles Patrick "Pat" Madsen, QSP, brings experience in all aspects of public agency Madsen, QSP landscape and tree planning, installation and maintenance. Pat also has extensive Public Works Inspector experience in budgeting, project management and inspection. Public Works Inspector removal and reconstruction, concrete construction, storm drain rehabilitation and Expertise RELEVANT EXPERIENCE Education Shea Baker Ranch Development, City of lake Forest, CA. Inspector responsible Horticulture, Park Management/ for all landscaping, irrigation systems and hard landscape with the Shea Baker Ranch Mt. San Antonio College/Walnut, CA Development project. Duties also include citywide development projects consisting Certifications of landscape installation, irrigation systems, tree and plant material installation and Qualified SWPPP Practitioner (QSP) hardscape. Daily monitoring of SWPPP compliance in Development areas, and 25927 monthly reporting. Certified Arborist/ International Maintenance Supervisor Landscape/Arborist, City of Tustin, CA: Directed City Society of Arboriculture in-house staff in the performance of park maintenance. Responsibilities included: WC462 administering the City landscape, irrigation, and tree maintenance contracts; Years of Experience developing the annual landscape budget; reviewing landscape and irrigation plans; Entered the profession in 1988 inspection of City landscape and irrigation projects; and developing the City's Urban Forest Management Plan. work performed prior to joining APP Christian Ott Christian Ott is an experienced construction inspector who has supported multiple Public Works Inspector capital improvement projects. His project background includes asphalt overlay, removal and reconstruction, concrete construction, storm drain rehabilitation and Expertise construction, sewer line and water line construction and rehabilitation, traffic Haz Mat/First on Scene system improvements and the adjustment of above -ground utility appurtenances. Radiation Safety Rebar Inspection He has worked on projects for several public agencies. ATI Field Green Book Christian is well -versed in the Standard Specifications for Public Works Caltrans Test Methods 375, Construction ("Green Book") and Caltrans Standards and Specifications. His 231,125, 216 expertise includes OSHA safety requirements and the "Work Area Traffic Control Caltrans Specifications Handbook" (WATCH) requirements. Confined Space RELEVANT EXPERIENCE Trenching and Shoring Residential Street Rehabilitation Project, FY 2015-16, Area 6, City of Years of Experience Rancho Palos Verdes, CA. Construction inspector for road rehabilitation project in Entered the profession in 2000 residential area. Construction included removing and replacing sidewalk, ADA - compliant curb ramps, driveway aprons and curb and gutter. Other work included crack -routing and sealing and asphalt concrete (AC) dig -outs at various locations throughout Area 6, a City -designated pavement management district. These tasks were followed by micro -paving. Sewer Main Rehabilitation, City of Manhattan Beach, CA. Inspector for this major project to rehabilitate a sewer main and laterals. Inspected such activities as traffic control, PCC concrete removal, trench excavation, placement of bedding material, clay sewer line replacement, backfill and sidewalk replacement. 181Page ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach i Gary Lozonne Gary Lozonne brings extensive experience in the installation of water, sewer and Public Works Inspector storm drain pipelines. He specializes in all types of water distribution as well as fire protection systems, including pressure -reducing stations, valve vaults and pipeline Years of Experience cathodic protection. Gary's experience includes both gravity/force main systems and Entered the profession in 1987 pump stations. RELEVANT EXPERIENCE Mark Sanchez Public Works Inspector Education Chaffey Junior College/ Rancho Cucamonga, CA Metrolink Safety Training Heavy Equipment -Teamsters Union Training NUCA Confined Space Entry Training Traffic Control Technician Training Certifications ACI Concrete Field Testing Technician, #00163572 10 -Hour Construction OSHA Safety Orchard Hills Master Planned Community, IRWD, Irvine, CA. Inspector for installation of new domestic and recycled water mains and sewer mains from pre - construction meeting to final acceptance. Inspected installation of new water transmission mains for domestic and recycled water systems containing new pipelines up to 36 inches in diameter. Santa Ana Heights/Costa Mesa Water Improvement Project, IRWD, Orange County, CA. Inspector for this one-year project to replace an aging water system. Inspected installation of new 12 -inch PVC main line, hydrants and services throughout a large service area. The project required constant contact and coordination with residents and business owners. Drawing upon more than 17 years of experience, Mark Sanchez, skillfully conducts inspections on projects to construct many types of water and roadway infrastructure. Mark's inspection background includes water transmission mains and pipes, pump stations, wastewater treatment plants, reservoirs, recycled water and sanitary sewer systems. He is also knowledgeable about basin channeling for storm water runoff and well -drilling and equipping. Mark excels in interpreting plans and specifications, providing final punch lists and performing warranty walk- throughs. Mark maintains strong working relationships with clients due to his meticulous documentation and effective communication skills. RELEVANT EXPERIENCE Relocation of 30 -inch Eastern Transmission Line, Moulton Niguel Water District/City of San Juan Capistrano, CA. Inspector for relocation of a 30 -inch diameter concrete mortar -lined cement water transmission main. Part of the project involved micro tunneling approximately 125 linear feet under Oso Creek and excavating a bore and receiving pit. Years of Experience On -Call Construction Observation Services, IRWD, Orange County, CA. Entered the profession in 2000 Inspector assigned under APP's on-call inspection contract with IRWD. Observed installation of new water mains up to 12 inches in diameter, water main lowering, service connections, house line connections, fire services, water quality testing, street resurfacing, pulling permits and punch list. 191Page nRDURRn ANDERSONTENNA On -Call Professional Inspection Services Manuel Briones Public Works Inspector Education ICBO Reinforced Concrete Training/San Bernardino Valley College, San Bernardino, CA Metrolink Safety Training Certifications ACI Certified Concrete Field Testing Technician, #01163566 OSHA 10 -Hour Construction Safety, 001974244 Years of Experience Entered the profession in 1975 John Dela Cruz, QSP Public Works Inspector Education College Coursework/Saddleback College, Mission Viejo, CA College Coursework/Harbor College, Harbor City, CA Certifications Certified Erosion, Sediment and Storm Water Inspector (CESSWI), 4694 Qualified SWPPP Practitioner (QSP), 25924 State of California General Building License #8862560 AHERA Building Inspector #02121; EPA/AHERA Asbestos Abatement Contract Supervisor #AACS-817-95 Years of Experience Entered the profession in 1976 City of Seal Beach Manuel "Manny" Briones offers in-depth experience working in the construction industry in the counties of Los Angeles, Orange and Riverside. That experience is highlighted by providing construction inspection for more than 18 years for the City of Burbank, as well as numerous desert cities in Imperial Valley and Coachella Valley. His experience includes sanitary sewer systems, pump stations, water infrastructure, wastewater treatment plants, and bridge and roadway construction. RELEVANT EXPERIENCE 1-5 Widening Mitigation Inspections, City of Burbank, CA. Senior public works inspector providing construction inspection services that involve coordination with Caltrans and the Caltrans contractor on construction issues impacting the City of Burbank as related to the 1-5 HOWEmpire interchange project. Beachwood Emergency Force Water Main Pipeline Repair, City of Burbank, CA. Inspector/observer for the removal and replacement of a leaked 18 -inch sewer force main; a new 18 -inch CMLC pipe 14 feet long was installed. Project involved the removal of the asphalt street to excavate the trench to investigate, find, and expose the leak in the 18 -inch sewer force main line. Two 10 -wheel trucks removed and hauled away four loads of the asphalt from the street. New asphalt was placed and rolled; the base paving was brought up to match the finished grade of the existing level of the street. John Dela Cruz, QSP, has more than 30 years of public works inspection and construction management experience. His wide -range experience includes roadways, highways, bridges, retaining walls, residential, commercial, medical facilities, water treatment/storage facilities, bridges, wet and dry utilities, grading, pipelines and environmental projects. His range of project participation in construction includes: bid phase management; submittal, RFI, and change order processing; daily field inspection; and project closeout. John has acquired a thorough knowledge of the Caltrans Standard Plans and Standard Specifications, Greenbook, Caltrans Construction Manual, electrical, plumbing and HVAC systems, Building Codes, and OSHA Safety Orders. RELEVANT EXPERIENCE Portola Center Community, City of Lake Forest, CA. Providing construction inspection services for the Portola Center, a 98 -acre, gated -community with a full- service city park project, includes rough and precise grading operations of approximately 4.5 million cubic yards of cut and fill material. The overall project includes parking, restrooms, single-family homes, residential retail, private community parks and a trail system. Long Beach Annual Street Projects, City of Long Beach, CA. Construction inspector for replacement of curb and gutter, handicap ramps, cross gutters and asphalt overlays for approximately $10-15 million in construction costs each year for the last six years. 201Page \ ARDURRA ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Al Agu ilera Al Aguilera is a senior construction inspector with in-depth expertise in all aspects Public Works Inspector of street improvements, water and sewer line installation and rehabilitation. For Vanderbeek more than 30 years, Al served as a public works inspector for the City of Santa Fe Education Springs. In cities throughout Southern California, Al has inspected construction Certificate of Completion involving road widenings and realignments, slurry seal programs, soundwalls, eandSafety/California State grading, pavement repair and storm drains. He is very familiar with the compliance University, Northridge requirements of federal and Caltrans funding. Certificate ofCompletion/Asphalt RELEVANT EXPERIENCE and Concrete Estimating/Citrus grading operations for construction of planned community. College, Glendora, CA AMC Plaza Sewer Line Repair and Replacement, City of Burbank, CA. Certificate of Completion/Public Inspector for round-the-clock response to a break in a sewer main line serving a Works Water Studies/Citrus College destination shopping mall and movie complex. Inspected the removal and replacement of the line with a 12 -inch PVC line for sewage and a second for grease. Years of Experience Lasting about six months, the project also built two new sewer manholes. Entered the profession in 1967 Monitored the removal of sewage during the rupture by Baker trucks designed to carry waste. Inspected compliance with traffic control measures. Mall and theater operation continued throughout construction. Ensured compliance with all plans 211Page and specifications, including SWPPP requirements. Los Amigos Park Storm Water Harvesting and Direct Use Demonstration Project, City of Santa Monica, CA. Interim inspector for City's first project to conserve drinking water by diverting, treating and storing urban runoff from an LA County sewer line. A key benefit has been eliminating the use of potable water for the park's irrigation and public restrooms. This project received the 2017 Outstanding Small Project of the Year Award from the Metropolitan Los Angeles Branch of the American Society of Civil Engineers. Calvin Calvin "Chip" Vanderbeek has overseen grading operations and has been responsible for quality control of several multimillion cubic yard hillside and flat Vanderbeek land grading projects throughout the southern California. Chip's inspection Public Works Inspector background also includes inspection and testing of sewer, storm drain water, Education subgrade, base course, asphalt and concrete inspection, shoring and deep caisson Geology/Civil Engineering studies inspection, and earth retention wall systems. Certifications RELEVANT EXPERIENCE HAZWOPPER, 40 -Hour HazMat/ Capital Improvements, City of lake Forest, CA. Public works inspector for 24 -Hour Supervisor grading operations for construction of planned community. Nuclear Gauge/Campbell Development Projects, Southern California: Senior field technician for hillside and flat land grading projects in Los Angeles, Orange and San Bernardino Counties. Responsibilities included overseeing grading, quality control, weekly project meetings, written field memorandum, client interface and preparation of geotechnical reports. Additional work included inspection and testing of sewer, storm drain water, subgrade, base course, asphalt and concrete inspection, shoring and deep caisson inspection and earth retention wall systems. work performed prior to joining APP 211Page nRDURRn ANDERSONTENNA On -Call Professional Inspection Services City of Seal Beach Manuel Garcia Manuel "Manny" Garcia has significant public works infrastructure construction and Public Works Inspector inspection experience, highlighted by work involving mass grading and pavement construction, rehabilitation, overlay and slurry seal. His background includes traffic Education signal installation, change order processing and schedule tracking. Building Code and Law — RELEVANT EXPERIENCE Mechanical and Plumbing sewer, water, ADA compliance, and storm drainage. He has also worked as a public Inspections On-call Public Works Inspection, City of Tustin, CA. Public works inspector for Education mass grading projects, storm drain, street paving, curb and gutter, sidewalk, Certification landscaped parkway, signage and striping. Conducted tract housing inspection for Construction Inspection - two hotel pads. Compaction and Paving, Soils Tech Costa Mesa Sanitation District (CMSD) Inspection Services, City of Costa and Design (PW54) Foster Park Development, City of La Mirada, CA. Public works inspector for Foster Park, Phase One. Inspections addressed street Improvements, removal and Years of Experience replacement, asphalt concrete pavement, curb and gutter, sidewalk, driveways, Entered the profession in 1963 parkway landscaping, tree and root removal, water meter and box relocation. David Rau David Rau has more than 25 years of experience inspecting projects that involve Public Works Inspector sewer, water, ADA compliance, and storm drainage. He has also worked as a public Grade III Collection System works inspector on various projects throughout southern California. David has Education expertise in maintaining compliance with City and Special District Standards, Green AA Electro Mechanical Drawing, Book requirements, and all applicable codes. Orange Coast College, CA RELEVANT EXPERIENCE Water Utility Science (PW classes, Mathematics, Hydraulics), Santa Ana Costa Mesa Sanitation District (CMSD) Inspection Services, City of Costa College, Santa Ana, CA Mesa, CA. Construction inspector, reporting on daily assignments, for various public works inspection projects throughout the City for street, sidewalk, curb and Registrations/Certifications cutter, traffic signal, ADA compliance, sewer, water and storm drainage projects. Grade II Water Treatment Operations Daily assignments require coordinating with City, CMSD, and the public. Grade II Water Treatment District Citywide Street Rehabilitation Projects, City of Torrance, CA: Construction Operator inspector for $3.2 -million major street rehabilitation projects, such as Sepulveda Grade III Collection System Boulevard, a total reconstruction of one mile of roadway, including storm drain Maintenance Back Flow Prevention relocation (catch basins), retaining walls, installation of standardized ADA ramps, Tester water line, and utility relocations. Years of Experience Public Works and Land Development Projects, City of San Clemente, CA. Entered the profession in 1992 Inspector for high-profile Marblehead Coastal residential tract that includes 313 developed home sites, parks, a commercial site, two bridges, a main arterial, 28 retaining walls, and three holding basins. work performed prior to joining APP 221Page ARDURRA ANDERSON- PENNA On -Call Professional Inspection Services City of Seal Beach Noah Hernandez Noah Hernandez is a certified public works inspector with more than 25 years of Public Works Inspector construction management experience. Noah's public works inspection responsibilities include the ability to review improvement plans, inspect public Education improvements construction, negotiate and administer contracts, and prepare and Coursework/1993/Liberal Arts/ maintain a variety of reports. Noah values safety as a top priority and is acutely Fullerton College, CA aware of security protocol and adherence to regulatory requirements. Water Distribution System RELEVANT EXPERIENCE Operation and Maintenance/2008/ California State University, As -Needed Public Works Inspection Services Contract, City of Long Beach, Sacramento CA. Senior construction inspector supporting delivery of capital improvement Certification projects. Inspecting such projects as the Third Street Bicycle Boulevard and the 2006/Public Works Inspector/ Civic Center. Rancho Santiago, CA Capital Improvement Projects, City of Irvine, CA. Senior construction Years of Experience inspector for the field administration and inspection of complex public works Entered the profession in 1993 capital improvements. Assessed district and/or developer in providing infrastructure improvement projects related to private development for the construction phase of City and private infrastructure and facility projects. Inspections addressed grading roads, bridges, drainage facilities, landscaping, traffic signals, parks and buildings. Tony Plante Tony Plante brings more than 30 years of experience in managing and inspecting Public Works Inspector public works construction. Earlier in his career, Tony served as the public works superintendent for the City of Lake Forest. Tony's project experience includes the Education construction and rehabilitation of roads, sidewalks, curb and gutter, driveways and Mt. San Antonio College, ADA ramps. He has also managed and inspected work on railroads, bridges, drainage, Walnut, CA water and sewer lines and traffic signals. Years of Experience RELEVANT EXPERIENCE Entered the profession in 1980 On -Call Public Works Inspection, City of Irvine, CA. Consultant inspector for major arterial roadway improvement projects. Carson Street Masterplan Implementation, City of Carson, CA. Lead inspector for the challenging $19 -million street revitalization of a 1.75 -mile section of Carson Street, a gateway to the city. Key improvements included wider sidewalks, public art, bicycle parking, pavement rehabilitation, seating, landscaping and streetlights. Trabuco/Monroe Intersection Improvement Project, City of Irvine, CA. Construction inspector for this federally funded project. Inspected cold milling, removal and replacement of asphalt concrete (AC) pavement and AC pavement surface overlays. Monitored curb ramp removal and replacement, construction of concrete curb, gutter and sidewalk, median islands and metal beam guard rails. 23 (Page nRDURRn ANDDERSONTENNA On -Call Professional Inspection Services Samples City of Seal Beach On the following two pages is an example of a daily inspection report prepared by an APP inspector. Due to the 30 -page limit, only a portion of one work sample is included. Many more examples are available upon request. DAILY CONSTRUCTION REPORT CRENSHAW BOULEVARD REHABILITATION, 1-120 DATE: r1www Mwch+e.2et7 In Compliance INSP. INIT.: AG REPORT NO.: 077 CITY CONTRACT NUMBER: owl" WEATHER: dw FED. PROJECT NUMBER: STPL5249MM RAIN DELAY (YM): m RESIDENT ENGINEER: 9waFWW%,P.E. WIND (MPH): 4+7 mph INSPECTOR: AndraftCAMW HUMIDITY: 45% SHIFT Start Time: 7.ewn SHIFT End Time: 5.1" TEMP. (°F): High: 95 Low: 52 Mandatory Minimum Inspections: Traffic Controls In Compliance Notes I Corrective Measures Implemented Project Limits Deployed with Approved Notes I Corrective Measures Implemented Project Limits Deployed Plans? M Shawnan.co guiding trucks out of traffic control area for CMM bord$-Caraon it Sftx*'"debkod. YES All 6 CMS boards were observed at proper locations. PCH h". UwftbW tlaDr' YES displaying approved during construction message 24hrMnoidnWemrmbandC ahaw All advanced warning signs in place. Wod, one Wm adpwrN to PA. bshww YES public safely 2Mh 89M 6 23eh meet 24ir 101° d0°"e'0° 10amic! C10rr'a All advanced warning signs in lace. g 9 Pbwd, ww lam aq..nt to nrb, atMaen roll 194+116 a err u1.00 NPDES Compliance / In Compliance Notes I Corrective Measures Implemented BMP Measures with BMP Handbook? Notes I Corrective Measures Implemented Project Limits Deployed YIN Shawnan.co guiding trucks out of traffic control area for sailmmnormpalm kftae imwood ktft ow & "d " of Cwwww W%L YES All BMP's have were deployed/ observed in place first sw iee4+ s a l i9ooba` violln thing in the morning. 241v Wo MKm rots bo" Crouhm Shawnan.co guiding trucks out of traffic control area for 1*4 Wife a s*md" m YESpublicsafely Homekeping Satisfactory? Notes I Corrective Measures Implemented Lk", I a ocaaors YIN 211V Wo coeur° Boum bouts Crwuhm Shawnan.co guiding trucks out of traffic control area for i S sw iee4+ s a l i9ooba` violln public safely 241v Wo MKm rots bo" Crouhm Shawnan.co guiding trucks out of traffic control area for 1*4 Wife a s*md" m YESpublicsafely Page 1 of 8 8 Copynght AndersonParna Partners, Inc. 2016 241Page ARDURRA ANDERSONTENNA On -Call Professional Inspection Services Contractor / Subcontractor Worker and Eauioment Loa City of Seal Beach DAILY CONSTRUCTION REPORT CRENSHAW BOULEVARD REHABILITATION, 1-120 REPORT NO. 077 Thursday, March 16, 2017 Contractor / Subcontractor DBE? Employee Name Class Hrs. Equipment No. Hrs. Hm' Idle or Down Shawnan.co T.Dexter Foreman 8 crew truck n -a 10 0 Shawnan.co A.Martinez labor 10 mini breaker n -a 6 a Shawnan.co B.Blushi labor app 10 crew truck 01-52 10 0 Shawnan.co J.Medina opeNlabor 10 backhoe 08-26 10 0 Shawnan.co F.Cornpos labor 10 super 10 02-63 10 0 Shawnan.co R.Avalos oper 10 backhoe 08-33 10 0 Shawnan.co E.Bibion labor 8 Shawnan.co L.Torres oper 10 josie trucking 0 10 Del trucking 0 a dimond trucking 0 7 OD trucking 0 5.5 Pasillas trucking 0 6.5 13 Click Here to Insert Another Work -Eqpt Lo Page 9 2ermonPenna Par ners. Inc 2016 Clear Table Click Here to Insert Page 2 of 8 a CO Work -Eqpt Log Page 251Page nR/DU\RRA ANDERSON-PENNA ARDURRA COLLABORATE. INNOVATE. CREATE. May 28, 2019 Iris Lee, PE Deputy Public Works Director Department of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 dba ANDERSON • PENNA PARTNERS IN PROJECT DELIVERY Subject: Revised Fee Proposal for On -Call Professional Inspection Services for the City of Seal Beach Dear Ms. Lee, Enclosed is APP's fee proposal. Our rate schedule is based upon our understanding of the Scope of Work in Section III of the City's RFP. We look forward to working closely with the City to finalize the fee to best suit the City's needs. Should you have any questions or desire any additional information, please contact me at (714) 458-0703 or ddemillia@andpen.com. Respectfully submitted, Ardurra Group, Inc. dba AndersonPenna Partners Dino D'Emilia, PE, RASCE, QSD Vice President, Project and Construction Management Group Leader cc: Lisa M. Penna, PE, F.ASCE, QSD, Managing Principal Gary Heinbuch, Inspections Manager Newport Beach EI Segundo Riverside Long Beach www.andpen.com On -Call Professional Inspection Services City of Seal Beach Fee Proposal AndersonPenna Partners, Inc. June 10, 2019 - June 10, 2022 Rate' Re ularTime overtime staff Rate Mon — Sat.2 Fr? Sunday/ Holiday Public Works Ins or(Prevailin Wage) 3*4 142 $199 $199 256 Accessabifi Expert/ CASIns or 250 $350 $350 450 DSA /OSHPDInspector of Record 190 $266 $266 342 De / Building Inspector (Prevailing Wage) 3,4 130 $182 $182 234 NDT Testing (Prevailing Wage) 3,4 140 $196 $196 252 Labor Com liance 120 n/a n/a n/a Notes: The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services. Z Rate applies to the first four hours of overtime during the week; all overtime in excess of four hours is paid at the Sunday/ holiday rate. 3 Prevailing Wage Rates are subject to annual increases pursuant to the State of California's Department of Industrial Relations Wage Rate Determinations, assumed at $2.30 per hour, plus associated overhead and profit, per annum. The rate included above covers the period through June 30, 2019. For contracts involving public works inspection services, APP requires the awarding public agency to complete DIR form PWC -100 solely for AndersonPenna Partners, Inc. as the prime contractor specific to the awarded contract name and amount. A half-hour per week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments. 4 The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order No. 16- 2001: Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4 -hour minimum Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2 -hour minimum Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly attributable to the project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, other travel expenses to remote fabrication yards /batch plants, overnight postage or couriers, etc., are billed at actual cost plus five percent (5%) to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel on the project and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate currently $0.58 per mile). Fees for subconsultant services: Billed at actual cost plus 15 percent (15%) to cover overhead and administration. Payment Terms: A late payment finance charge at a rate of 12 percent (12%) per annum will be applied to any unpaid balance commencing 45 days after the date of original invoice. Escalation: This rate schedule is effective for the contract's anticipated term of three years. Should the Contract duration be extended beyond the initial three-year term, rates will be subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general cost of doing business, as mutually agreeable to the I I P a g e ARDURRA ANDERSON-PENNA On -Call Professional Inspection Services City of Seal Beach parties and approved via Contract amendment prior to implementing higher rates. In the event the contract is subject to delays that are beyond APP's control, a request will be made to increase the billing rates to APP's current standard rates and the Client will use all reasonable effort to allow such billing rate increase. Exclusions to Scope and Fee: The following items are specifically excluded: Legal advice Specialized software (other than MS Office Suite and MS Project) Surveying Design services and responsibilities Materials, soils and/or hazardous materials testing or monitoring Construction labor, materials and/or equipment Copies of plan and specifications or other oversized drawings Additional services not specifically called for in the proposal Expert witness services Standby services 2 1 P a g e ARDURRA ANDERSONTENNA 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 23057090 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 Administrative 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 23057090 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. 2305709v3 ARDURRA-01 ABUYTENHUYS a oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8/5/2019 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(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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ames & Gough 8300 Greensboro Drive PHONE A/C, No, Ext): (703) 827-2277 FAX No):(703) 827-2279 lb%Wkss: admin@amesgough.comSuite980 McLean, VA 22102 1/1/2020 EACH OCCURRENCE $ 1,000,000 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company A XV 20508 INSURED INSURER B: National Fire Insurance Company of Hartford A(XV) 20478 Ardurra Group, Inc. INSURER C: Continental Insurance Company A XV 35289 4921 Memorial Highway, Suite 300 INSURER D: Berkshire Hathaway Specialty Insurance Compan ;22276 Tampa, FL 33634 INSURER E INSURER F: COVFRAGFS CFRTIFICATF NIIMRFR• 9FVICInA1 KII IMaCD• 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Contractual Liab. 6075640222 1/1/2019 1/1/2020 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED 1,000,000 PREMI E Ea occurrence $ 15,000MEDEXPAnoneperson)$ PERSONAL &ADV INJURY $ 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L- J PEeT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000Eaaccident)$ BODILY INJURY Perperson) $ X ANY AUTO OWNED i SCHEDULED AUTONLY AUTOSSWT1 6075640236 1/1/2019 1/1/2020 BODILY INPer accident $ PPerOaeclRdent AMAGE $ EOS 1 L AUTOS ONLY AUOTOS ONLY C X j UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAS CLAIMS -MADE 6075640270 1/1/2019 1/1/2020 AGGREGATE --- 0,060 DED I X I RETENTION $ 10,000 C I WORKERS COMPENSATION AND NY PROMOYERS' LIABIL17YEMgEREXCLUD /E YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OMandatory in NH) Des, describe under ESCRIPTION OF OPERATIONS below N / A II 4 7 1/1/2019 I 1/1/2020 X STATUTE ORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional 47-EPP-306878-01 1/1/2019 1/1/2020 Per Claim 2,000,000 D Liability I 47-EPP-306878-01 1/1/2019 1/1/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space is required) Re: Design of 7th Street Alley Waterline and Sewer, Replacements Project CIP No. WYT1607. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are included as additional insured with respect to General Liability and Auto Liability when required by written contract. General Liability and Auto Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. Workers Compensation and General Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract Project Location: Seal Beach, California CFRTIFICATF Hol nFR C AKIr`CI I ATlnu AUUKLI Lb (LU1blU3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach 211 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE AUUKLI Lb (LU1blU3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ARDURRA-01 ARUYTENHUYS 4 oRo' CERTIFICATE OF LIABILITY INSURANCE DATE18/5/2 D/YYYY) 8/5/2019 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(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 on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NCINTACT Ames & Gough 8300 Greensboro Drive Suite 980 PHONEAIC, No, Ert): (703) 827-2277 FAX No):(703) 827-2279 I -D R'Jss: admin@amesgough.com McLean, VA 22102 X i COMMERCIAL GENERAL LIABILITY I I OCCUR Contractual Liab. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company A XV 20508 1/1/2019 INSURED INSURER B: National Fire Insurance Company of Hartford A(XV) 20478 INSURER C: Continental Insurance Company A XV 35289ArdurraGroup, Inc. INSURER D: Berkshire Hathaway Specialty Insurance Compan '222764921MemorialHighway, Suite 300 Tampa, FL 33634 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER- RFVICInN NI IMRI=R• 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. IN RITR TYPE OF INSURANCE I SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X i COMMERCIAL GENERAL LIABILITY I I OCCUR Contractual Liab. I 6075640222 1/1/2019 1/1/2020 EACH OCCURRENCE$ 1'000'000 ICLAIMS-MADE DAMAGE TO RENTED 1,000,000PREMIEaocurrence $ MED EXP (Any oneperson) $ 15,000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: 77POLICYXJEL4TI LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY CEOMaBINdEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY Per person)$ X ANY AUTO OWNED SCHEDULED AUTOS ONLY J AUTOS 60756402361/1/2019 1/1/2020 BODILY BODILY INJURY Per accident $ R _ PPerOacEciRdent AMAGE $ i AUTOS ONLY _li AUOTOS ONLY C X UMBRELLA LIAR EXCESS LIAB XOCCUR CLAIMS -MADE 6075640270 1/1/2019 1/1/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10'000'000 DED I X i RETENTION $ 10,000 C WORKERS COMPENSATIONXANDEMPLOYERS' LIABILITY YINN ANY PROPRIETOR/PARTNER/EXECUTIVE MFFICERIMEMgER EXCLUDED? W andatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N I A 6075640267 1/1/2019 1/1/2020 PER 0TH - TAT TE ER E.L. EACH ACCIDENT 1'000'000i E.L. DISEASE - EA EMPLOYEE 000'000 E.L. DISEASE - POLICY LIMIT 1,000,000 D Professional 47-EPP-306878-01 1/1/2019 1/1/2020 Per Claim 2,000,000 D Liability 47-EPP-306878-01 1/1/2019 1/1/2020 Aggregate 4,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) Re: RE: Westminster Avenue Storm Drain Study Report, Project CIP No. ST1603. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are included as additional insured with respect to General Liability and Auto Liability when required by written contract General Liability and Auto Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract Workers Compensation and General Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract Project Location: Seal Beach, California CERTIFICATE Hnl nFR ceucFl I ATlntu AGUKD 25 (ZU16/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE AGUKD 25 (ZU16/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT for On-Call Professional Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Ardurra Group, Inc. dba AndersonPenna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 (949) 428-1500 This Amendment No. 1, dated September 28, 2020, amends that certain agreement (“Agreement”) dated July 22, 2019 by and between the City of Seal Beach (“City”), a California charter city, and Ardurra Group Inc., a Florida corporation, dba AndersonPenna Partners, Inc., a California corporation (“Consultant”) (collectively the “parties”). Exhibit A-1 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides on-call professional inspection services. B. City and Consultant wish to amend the Agreement for Consultant to provide additional inspection services, and to increase Consultant’s compensation by $500,000 for those additional services, for revised total compensation in the not-to-exceed amount of $740,000, 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 is 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 added to read as follows: “1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services set forth in Exhibit A and/or Exhibit A-1 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 Exhibit A (for the Services) and Exhibit A-1 (for Additional Services) but in no event will the City pay more than $740,000 for the Original Term. Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with Section 3.3 of the Agreement. EXHIBIT A-1 Consultant’s Scope of Services – Additional Services Newport Beach El Segundo Long Beach San Diego www.ardurra.com dba September 4, 2020 Ms. Iris Lee Deputy Public Works Director/City Engineer Director of Public Works City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Subject: Proposal for Amendment No. 1 to the Professional Services Agreement for On-Call Professional Inspection Services Dear Ms. Lee, Pursuant to our recent email communications, the currently authorized contract amount for the subject agreement will soon be exhausted. Ardurra Group, Inc. dba AndersonPenna Partners (Ardurra) is therefore submitting this amendment proposal per your request for an additional fee to continue inspection services through the end of the initial term of the Agreement, which expires on July 22, 2022. The estimated additional fee is detailed below. This estimated fee contains hours based on an average monthly level of effort to date and based on the number of months from our last billing dated July 25,2020. Estimated Fee City of Seal Beach September 4, 2020 Page 2 The terms of this amendment shall be as stipulated the Professional Services Agreement for On-Call Professional Inspection Services between the City of Seal Beach and Ardurra Group, Inc., dba AndersonPenna Partners dated July 22, 2019. Please feel free to contact me ddemilia@ardurra.com or (714) 458-0703 should you have any questions or require additional information. We look forward to continuing working with the City of Seal Beach for successful completion of this very important contract. Respectively submitted, Ardurra Group, Inc. dba AndersonPenna Partners Dino P. D’Emilia, PE, F.ASCE, QSD Vice President, Project and Construction Management Group Leader Agenda Item G AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Award to and Authorize Execution of a Construction Contract with ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc., for the Almond Park Lighting Improvements Project, CIP PR2103 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7076: 1. Approving the plans, specifications, and contract documents for the Almond Park Lighting Improvements Project, CIP PR2103; and, 2. Approving and awarding a construction contract to ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. (ABM) in the amount of $159,898.82 to construct the Almond Park Lighting Improvements 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 ABM; and, 4. Authorizing the City Manager to approve additional work requests up to $16,000 in connection with the Project; and, 5. Authorize the City to advance $176,000 from the “Mitigation Payment” account to pay for the project costs until the reimbursement from OCTA is received; and, 6. Approving Budget Amendment BA 21-03-03 in the amount of $176,000 for the Almond Park Lighting Improvements Project, CIP PR2103. BACKGROUND AND ANALYSIS: The 405 Widening Project stipulates the undergrounding of utilities along Almond Avenue and within Almond Park, which includes the power poles that the existing Page 2 8 4 8 park lights are attached to. Any new improvements constructed in the park, outside of wooden power poles, must be City owned. Due to state regulations and an extensive processes, in order to expedite the process and re-establish lighting, Orange County Transportation Authority (OCTA) has requested that Seal Beach construct the Almond Park lighting work where OCTA would reimburse the City, as more fully described below. Staff solicited for an electrical contractor to replace the Almond Park lights utilizing The Gordian Group EZIQC – Contract #: CA-08-SL-CE-B-030618-ABM, as 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, the 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 provide the best overall government pricing. On June 17, 2020, the City received a responsible and responsive bid from ABM in the amount of $159,898.82. The scope of the project in Almond Park includes engineering, permitting, ground work, a new electric meter pedestal, electrical infrastructure and two new light poles and fixtures. This bid has been reviewed and validated by OCTA in an email dated August 14, 2020 from Kendal Zirkel of OCTA. OCTA will reimburse the City’s actual costs pursuant to the settlement agreement between OCTA and the City, which obligates OCTA to underground the SCE lines on Almond Avenue adjacent to the park. The City will advance the project funds from the “Mitigation Payment” account the City established with funds paid by OCTA under the settlement agreement, with the full amount of the funds advanced to be reimbursed by OCTA at the conclusion of the work in the park, subject to the City providing an invoice and backup documentation. Based on ABM’s references, qualifications, and previous work experience, staff recommends awarding a construction contract to ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. for the Almond Park Lighting Improvements Project. Staff further recommends authorizing the City Manager to approve additional work requests up to $16,000. 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 (c). Page 3 8 4 8 LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: Funding associated with Almond Park Lighting Improvements Project will be fully reimbursed by OCTA at the conclusion of the work in the park. In order to fund this work now, the City will advance the project funds from the OCTA Mitigation Payment account. Budget Amendment BA 21-03-03 allocates $176,000 for the Project as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment OCTA Reimbursement Revenue Capital Project Expenditures 080-369-30975 080-369-49605 CIP Project PR2103 $ - $ - $176,000 176,000 $176,000 176,000 Staff will invoice OCTA for all project-incurred costs, and OCTA will fully reimburse the City’s OCTA Mitigation Payment account. 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 7076: 1. Approving the plans, specifications, and contract documents for the Almond Park Lighting Improvements Project, CIP PR2103; and, 2. Approving and awarding a construction contract to ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. (ABM) in the amount of $159,898.82 to construct the Almond Park Lighting Improvements Page 4 8 4 8 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 ABM; and, 4. Authorizing the City Manager to approve additional work requests up to $16,000 in connection with the Project; and, 5. Authorize the City to advance $176,000 from the “Mitigation Payment” account to pay for the project costs until the reimbursement from OCTA is received; and 6. Approving Budget Amendment BA 21-03-03 in the amount of $176,000 for the Almond Park Lighting Improvements Project, CIP PR2103. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. QSD, Associate Engineer ATTACHMENTS: A. Resolution 7076 B. Agreement with ABM Industries, Inc. dba ABM Electrical & Lighting Solutions, Inc. C. Gordian Group Proposal (ABM) RESOLUTION 7076 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH ABM INDUSTRIES INC., dba ABM ELECTRICAL & LIGHTING SOLUTIONS INC FOR ALMOND PARK LIGHTING IMPROVEMENTS PROJECT (CIP NO. PR2103) WHEREAS, 405 Widening Project will be removing the overhead electrical lines and park lighting in Almond Park; and, WHEREAS, the City desires to expeditiously re-establish lighting within Almond Park; and, WHEREAS, OCTA has requested the City to retain a contractor to perform the Almond Park Lighting Improvements Project (CIP No. PR2103) (“Project”) and fully reimburse the City upon completion of the Project; and, WHEREAS, the City solicited for a lighting replacement 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 ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. (ABM) in the amount of $159,898.82 for the Project; and, WHEREAS, ABM 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 ABM Industries, Inc. dba ABM Electrical & Lighting Solutions Inc. for the Project in the amount of $159,898.82. 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 $16,000 in connection with the Project. Section 5. The City Council hereby authorizes the City to advance $176,000 from the “Mitigation Payment” account to pay for the project costs until the reimbursement from OCTA is received. Section 6. The City Council hereby approves Budget Amendment 21-03-03 increasing OCTA reimbursement revenue and allocating $176,000 for the Almond Avenue Park Lighting Improvements Project (CIP No. PR2103) as follows: Description Account Revised/ Adopted Budget Proposed Budget Budget Amendment OCTA Reimbursement Revenue Capital Project Expenditures 080-369-30975 080-369-49605 CIP Project PR2103 $ - $ - $176,000 176,000 $176,000 176,000 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th 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 7076 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September, 2020. Gloria D. Harper, City Clerk Work Order Signature Document EZIQC Contract No.: CA-08-SL-CE-B-030618-ABM Seal Beach - Almond Park Lighting New Work Order 080619.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 06/17/2020 Contractor Name: Contact: Phone: Contact: Phone: Nate Piorek 9497029229 Owner Name:CALIFORNIA - City of Seal Beach Iris Lee 562-431-2527 ABM Electrical & Lighting Solutions 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 CA-08-SL-CE-B-030618-ABM. Brief Work Order Description: City of Seal Beach - Almond Park Lighting: - Add 2 Light poles with LED lighting for park area. - Meter Base, switch gear, poles, lights, under ground conduit and feeders. - Trenching and backfill for under ground conduit and cables . X Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance Work Order Firm Fixed Price: $159,898.82 Owner Purchase Order Number: Approvals Date DateContractorCALIFORNIA - City of Seal Beach 2.00 Page 1 of 1 6/17/2020 Work Order Signature Document 3.00 Detailed Scope of Work Iris LeeNate PiorekTo:From: ABM Electrical & Lighting Solutions Inc.CALIFORNIA - City of Seal Beach 14201 Franklin Avenue 211 Eighth Street Tustin, CA 92780 Seal Beach, CA 90740 9497029229 562-431-2527 Work Order Number: June 17, 2020Date Printed: 080619.00 Seal Beach - Almond Park LightingWork Order Title: Brief Scope:City of Seal Beach - Almond Park Lighting: - Add 2 Light poles with LED lighting for park area. - Meter Base, switch gear, poles, lights, under ground conduit and feeders. - Trenching and backfill for under ground conduit and cables . 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. • Locate underground utilities and mark location depth where applicable for trenching and light standards • Install approx. 1,800 linear feet of 4’ orange construction fencing and maintain throughout the project • Excavate, form and pour new meter pedestal pad • Intercept existing SCE transformer to provide power for new meter pedestal, SCE to make final utility connections • Install (2) new 100a SCE approved meter pedestal at the corner of the park near the SCE transformer • Trench Approx. 600 linear feet total in the grass landscape , including approx. 100 linear feet in heavily rooted area near playground, Trenches to be dug at a depth of 20” below grade • Install conduit and wire in trenches to provide electrical infrastructure for new pole lighting locations • Excavate, form, set rebar and pour concrete footings for (2) new pole locations • Backfill, compact native soil and re-install grass along trench line and excavated areas • Install (2) new Ameron concrete tapered poles 28’ with GE LED cobra head luminaries to match existing city roadway lighting. Run new branch circuit to irrigation pedestal • Make final electrical connections and test lighting/electrical for proper operation. • Provide all heavy equipment and misc. material required for project completion. • Provide lighting controls as required by the city • Provide permitting and coordinate with local utilities Subject to the terms and conditions of JOC Contract CA-08-SL-CE-B-030618-ABM. Page 1 of 2 6/17/2020 Scope of Work Detailed Scope of Work Continues.. Work Order Title: Work Order Number:080619.00 Seal Beach - Almond Park Lighting Contractor Date DateCALIFORNIA - City of Seal Beach Page 2 of 2 6/17/2020 Scope of Work 4.00 Contractor's Price Proposal - Summary Owner PO #: Seal Beach - Almond Park Lighting 080619.00 CA-08-SL-CE-B-030618-ABMIQC Master Contract #: Work Order #: Title: Re: June 17, 2020Date: Proposal Value: Contractor: ABM Electrical & Lighting Solutions Inc. $159,898.82 $89,299.50Section - 01 $850.44Section - 03 $24,062.93Section - 26 $30,693.04Section - 31 $5,112.64Section - 33 $9,880.27Section - 34 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. $159,898.82 Page 1 of 1 6/17/2020 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail Seal Beach - Almond Park Lighting 080619.00 CA-08-SL-CE-B-030618-ABMIQC Master Contract #: Work Order #: Owner PO #: Title: Re: June 17, 2020Date: Proposal Value: Contractor: ABM Electrical & Lighting Solutions Inc. $159,898.82 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Section - 01 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. 1 $3,135.27EA Installation =x x 3,135.27 FactorUnit PriceQuantity Total 1.00 1.1279 2,779.74 Bonding $156,763.55 x 2% = $3,135.27 01 22 20 00 0030 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only. 2 $30,223.66HR Installation =x x 30,223.66 FactorUnit PriceQuantity Total 86.44 1.1279 310.00 2 men ,Breakdown 9 days for Final connections and 2 days voltage testing,additional set up, coordination, rigging, and support for light pole assembly and erection and 2 days Utility Connections. 3 days irrigation pedestal intercept/terminations 01 22 20 00 0039 LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only. 3 $5,890.07HR Installation =x x 5,890.07 FactorUnit PriceQuantity Total 72.53 1.1279 72.00 Concrete pole receiving/handling and site movement logistics. 3 men x 3 days 01 22 20 00 0039 0004 For Foreman, Add4 $98.26MOD Installation =x x 98.26 FactorUnit PriceQuantity Total 3.63 1.1279 24.00 01 22 20 00 0075 Underground Utility Surveyor5 $4,872.53HR Installation =x x 4,872.53 FactorUnit PriceQuantity Total 90.00 1.1279 48.00 Underground Survey 6 days Total , 01 22 20 00 0086 Engineer6 $8,797.62HR Installation =x x 8,797.62 FactorUnit PriceQuantity Total 130.00 1.1279 60.00 Additional engineering to meet SEC ( edison ) and city of seal Beach requirements for inspection. 01 22 23 00 0006 40' Engine Powered, Telescoping Boom Manlift7 $1,148.27WK Installation =x x 1,148.27 FactorUnit PriceQuantity Total 1,018.06 1.1279 1.00 Pole fixture installation, wiring, voltage testing and controls. 01 22 23 00 0271 2,400 LB Capacity, 72" Wide, Skid-Steer Loader With Full-Time Operator8 $19,823.67MO Installation =x x 19,823.67 FactorUnit PriceQuantity Total 17,575.73 1.1279 1.00 Earthwork , trenching, Page 1 of 5 6/17/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:080619.00 Seal Beach - Almond Park Lighting Section - 01 01 22 23 00 0329 3/8 CY Hydraulic Excavator With Full-Time Operator9 $5,413.47WK Installation =x x 5,413.47 FactorUnit PriceQuantity Total 4,799.60 1.1279 1.00 Earthwork Excavation 01 22 23 00 0918 6 Ton Lift, Truck Mounted Hydraulic Crane With Full-Time Operator10 $3,639.47DAY Installation =x x 3,639.47 FactorUnit PriceQuantity Total 1,075.59 1.1279 3.00 Pole Erection 01 56 26 00 0182 48" High With Posts At 8' On Center, Plastic Mesh Temporary Safety Fence11 $5,055.25LF Installation =x x 5,055.25 FactorUnit PriceQuantity Total 2.49 1.1279 1,800.00 Safety Barrier 01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes delivery of equipment, off loading on site, rigging, dismantling, loading and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom manlifts with >40' boom lengths, etc. 12 $908.25EA Installation =x x 908.25 FactorUnit PriceQuantity Total 402.63 1.1279 2.00 P&D Heavy Equipment 01 71 13 00 0007 Up To 20 Ton Lift Move On/Off Cost, Hydraulic CraneIncludes delivery and pickup. 13 $293.71EA Installation =x x 293.71 FactorUnit PriceQuantity Total 260.40 1.1279 1.00 Crane Offload $89,299.50Subtotal for Section - 01 Section - 03 03 11 13 00 0004 Pile Cap, Pier Or Spread Footings Foundation Wood Formwork14 $850.44SF Installation =x x 850.44 FactorUnit PriceQuantity Total 7.54 1.1279 100.00 Concrete work Pedestal Footing 03 11 13 00 0004 0001 For <1,000, Add15 $0.00MOD Installation =x x 0.00 FactorUnit PriceQuantity Total 1.41 1.1279 0.00 03 11 13 00 0004 0002 For Foundations >8' Below Grade, Add16 $0.00MOD Installation =x x 0.00 FactorUnit PriceQuantity Total 1.36 1.1279 0.00 $850.44Subtotal for Section - 03 Section - 26 26 05 19 16 0024 #12 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In Conduit 17 $786.69MLF Installation =x x 786.69 FactorUnit PriceQuantity Total 697.48 1.1279 1.00 Wire Page 2 of 5 6/17/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:080619.00 Seal Beach - Almond Park Lighting Section - 26 26 05 19 16 0025 #10 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In Conduit 18 $958.83MLF Installation =x x 958.83 FactorUnit PriceQuantity Total 850.10 1.1279 1.00 Wire 26 05 19 16 0028 #4 AWG Cable - XLP (XHHW), 600 Volt Copper, Single Stranded, Placed In Conduit 19 $4,589.09MLF Installation =x x 4,589.09 FactorUnit PriceQuantity Total 2,034.35 1.1279 2.00 Wire 26 05 33 13 1756 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Glued Couplings, Direct Burial 20 $3,620.56LF Installation =x x 3,620.56 FactorUnit PriceQuantity Total 3.21 1.1279 1,000.00 Conduit 26 05 33 13 1769 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct Burial 21 $377.62EA Installation =x x 377.62 FactorUnit PriceQuantity Total 27.90 1.1279 12.00 Conduit 26 05 33 13 1782 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit 45 Degree Elbow, Direct Burial 22 $376.81EA Installation =x x 376.81 FactorUnit PriceQuantity Total 27.84 1.1279 12.00 Conduit 26 24 13 00 0306 70 - 100 Amp, 600 Volt, Type EHB, 2 Pole, Panel Mounted, Molded Case Circuit Breaker 23 $703.97EA Installation =x x 703.97 FactorUnit PriceQuantity Total 312.07 1.1279 2.00 Pedestal Main Breaker 26 24 13 00 0306 0391 For Personal Protective Equipment (Arc Flash) When Working On Energized Equipment, Add 24 $46.94MOD Installation =x x 46.94 FactorUnit PriceQuantity Total 20.81 1.1279 2.00 26 24 16 00 0441 1 Pole, 120/240 Volt, 15-30 Amp, Branch Circuit Breaker, 22,000 Amp Interrupting Capacity 25 $484.61EA Installation =x x 484.61 FactorUnit PriceQuantity Total 71.61 1.1279 6.00 Branch Breakers 26 24 16 00 0441 0177 For Bolt-On, Add26 $0.00MOD Installation =x x 0.00 FactorUnit PriceQuantity Total 15.02 1.1279 0.00 26 24 16 00 0441 0391 For Personal Protective Equipment (Arc Flash) When Working On Energized Equipment, Add 27 $0.00MOD Installation =x x 0.00 FactorUnit PriceQuantity Total 10.41 1.1279 0.00 26 27 13 00 0137 400 Amp System; 400 Amp Main Breaker, 200 Amp M-90 Meter And Enclosure28 $6,177.02EA Installation =x x 6,177.02 FactorUnit PriceQuantity Total 5,476.57 1.1279 1.00 Stainless Steel Meter Pedestal Enclosure , duel meter base unit w/ stainless steel cabinet Page 3 of 5 6/17/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:080619.00 Seal Beach - Almond Park Lighting Section - 26 26 56 13 00 0592 28' High, Octagonal Tapered, Spun Concrete Area Light Pole, Anchor Base29 $3,420.63EA Installation =x x 3,420.63 FactorUnit PriceQuantity Total 1,516.37 1.1279 2.00 Ameron 1C128 Concrete Pole 28' 26 56 13 00 0689 Single, 2.38" Arm Diameter, 6' Arm Length, Upsweep Style, Steel Area Light Arm, Hub Mount 30 $1,020.64EA Installation =x x 1,020.64 FactorUnit PriceQuantity Total 452.45 1.1279 2.00 Ameron Pole Fixture Arm 6' 26 56 19 00 0020 Photo Control, Multi-Tap As Manufactured By Cooper Lighting #RA101631 $195.49EA Installation =x x 195.49 FactorUnit PriceQuantity Total 86.66 1.1279 2.00 Lighting Controls 26 56 19 00 0114 13,000 Lumens, Horizontal Tenon Mount , LED Cobra Head Street Light (General Electric ERLH 0 13XX 40 A GRAY) (DLC Certified) 32 $1,304.03EA Installation =x x 1,304.03 FactorUnit PriceQuantity Total 578.08 1.1279 2.00 GE ERLH013C330AGRAY LED fixture, Type 3 , 3000K $24,062.93Subtotal for Section - 26 Section - 31 31 13 13 00 0022 Stump Grinding Up To 6" Tree33 $5,558.86EA Installation =x x 5,558.86 FactorUnit PriceQuantity Total 98.57 1.1279 50.00 100' trench through tree roots 31 13 13 00 0022 0139 For 24" Depth, Add34 $533.54MOD Installation =x x 533.54 FactorUnit PriceQuantity Total 19.71 1.1279 24.00 31 23 16 13 0004 12" Wide or Less, Excavation for Trenching by Machine in Loose Rock35 $6,116.04CY Installation =x x 6,116.04 FactorUnit PriceQuantity Total 14.46 1.1279 375.00 Trenching 31 23 16 13 0004 0059 For >50 To 250, Add36 $816.60MOD Installation =x x 816.60 FactorUnit PriceQuantity Total 3.62 1.1279 200.00 31 23 16 33 0016 Finish Grading for Bulk Excavation by Machine37 $620.35SY Installation =x x 620.35 FactorUnit PriceQuantity Total 0.55 1.1279 1,000.00 Earthwork 31 23 16 36 0031 Spread Excess Or Imported Material On Site By Machine38 $433.11CY Installation =x x 433.11 FactorUnit PriceQuantity Total 2.56 1.1279 150.00 Earthwork 31 23 16 36 0031 0032 For >50 To 250, Add39 $172.57MOD Installation =x x 172.57 FactorUnit PriceQuantity Total 1.02 1.1279 150.00 Page 4 of 5 6/17/2020 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:080619.00 Seal Beach - Almond Park Lighting Section - 31 31 23 16 46 0009 Backfilling By Hydraulic Excavator, Backhoe, Loader At Exposed Underground Pipes And Structures 40 $3,426.00CY Installation =x x 3,426.00 FactorUnit PriceQuantity Total 8.10 1.1279 375.00 Backfill on and around conduit 31 23 16 46 0009 0020 For >50 To 250, Add41 $730.88MOD Installation =x x 730.88 FactorUnit PriceQuantity Total 3.24 1.1279 200.00 31 23 16 46 0010 Backfilling by Hand At Exposed Underground Pipes And Structures42 $3,491.41CY Installation =x x 3,491.41 FactorUnit PriceQuantity Total 61.91 1.1279 50.00 Backfill on and around conduit 31 23 16 46 0012 Compaction of Fill or Subbase by Mechanical Means At Exposed Underground Pipe Or Structures 43 $5,337.79CY Installation =x x 5,337.79 FactorUnit PriceQuantity Total 12.62 1.1279 375.00 Compaction on and around conduit 31 23 16 46 0012 0024 For >50 To 250, Add44 $1,139.18MOD Installation =x x 1,139.18 FactorUnit PriceQuantity Total 5.05 1.1279 200.00 31 23 16 46 0013 Compaction of Fill or Subbase by Hand At Exposed Underground Pipe Or Structures 45 $2,316.71CY Installation =x x 2,316.71 FactorUnit PriceQuantity Total 41.08 1.1279 50.00 Compaction on and around conduit $30,693.04Subtotal for Section - 31 Section - 33 33 71 19 00 0011 14" x 20" x 12", Electric Pull Boxes, Precast Concrete46 $5,112.64EA Installation =x x 5,112.64 FactorUnit PriceQuantity Total 755.48 1.1279 6.00 Pull Vaults $5,112.64Subtotal for Section - 33 Section - 34 34 41 13 00 0207 Pole Base Foundation for 17-2-80, 17-2-100, 19-2-80 Poles47 $9,880.27EA Installation =x x 9,880.27 FactorUnit PriceQuantity Total 4,379.94 1.1279 2.00 Pole Footings $9,880.27Subtotal for Section - 34 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. $159,898.82 Page 5 of 5 6/17/2020 Contractor's Price Proposal - Detail Subcontractor Listing 080619.00 Seal Beach - Almond Park Lighting CA-08-SL-CE-B-030618-ABMIQC Master Contract #: Work Order #: Owner PO #: Title: Re: June 17, 2020Date: Proposal Value: Contractor: ABM Electrical & Lighting Solutions Inc. $159,898.82 %DutiesName of Contractor Amount No Subcontractors have been selected for this Work Order 0.00$0.00 6.00 Page 1 of 1 6/17/2020 Subcontractor Listing Agenda Item H AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Patrick Gallegos, Assistant City Manager SUBJECT:A Resolution of the Seal Beach City Council Approving Amendment No. 1 to the Agreement with Consolidated Disposal Service, LLC, for an Adjustment in the Residential Green Waste Recycling Processing Rate; Authorizing Allocating Funds to Compensate Republic Services for Processing Green Waste; Approving Amending the Existing Scope of Work with HF&H and Authorizing the City Manager to Execute Necessary Documents on Behalf of the City ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7077: 1. Approving Amendment No. 1 (“Amendment”) to the Agreement between the City of Seal Beach and Consolidated Disposal Service, LLC, dba Republic Services (“Collection Agreement”) approving rate adjustment of $0.65 per unit per month to the service component of the basic residential and multi-family rates; and, 2. Authorizing the City Manager to execute Amendment No. 1; and, 3. Allocating funds in the not-to-exceed amount of $34,000 to compensate Republic Services for the processing of the City’ green waste per AB 1594; and, 4. Authorizing staff to amend the scope of work of the Professional Services Agreement with HF&H. BACKGROUND AND ANALYSIS: In 2014, the California State Legislature enacted Assembly Bill (AB) 1594, mandating that as of January 1, 2020, the use of green material as alternative daily cover (ADC) at landfills will no longer constitute diversion through recycling and will instead be considered disposal for purposes of measuring a jurisdiction’s 8 5 0 annual 50 percent per capita disposal rate. AB 1594 was designed to require the recycling of green waste and help improve air quality by reducing greenhouse gas emissions that are produced in landfills when organic material such as green waste decomposes. Currently, Republic Services delivers green waste collected from the City’s customers to the Orange County Landfill System for use as ADC. The Orange County Landfill System has historically accepted the green waste for use as ADC at no charge to customers. With the elimination of diversion credit for ADC, as outlined by AB 1594, and the negative impact this will have on the City’s state- calculated diversion rate, an alternative destination for the City’s green waste is necessary. If the proposed Amendment is approved, Republic Services will transfer the City’s future green waste to the Land Application Operation (“Circle Green Operation”) located in the City of El Mirage, Arizona, subsequent to pre- processing of the material at Republic Services’ Rainbow Environmental Facility located in the City of Huntington Beach. The City will have the right to choose another location for the delivery of green waste. If the City directs that green waste be delivered to another location, the rate paid by the ratepayer will be reduced or increased accordingly if the transportation and processing costs of using such facility are lower or higher than the costs of using the Circle Green Operation. To ensure the rates proposed by Republic Services to process the green waste were fair and reasonable, the City’s solid waste consultant, HF&H Consultants, provided a rate review and completed negotiations on behalf of the City. The review and negotiations resulted in an AB 1594 compliance rate adjustment of $0.65 per residential and multi-family unit per month to the service component of the basic residential and multi-family rates (as shown in Attachment C), effective September 28, 2020. Therefore, staff recommends the City Council approve the rate adjustment and amendment for the green waste processing that is required in order for the City to remain in compliance with the state’s recycling mandate. The proposed amendment only authorizes an adjustment to the residential and multi-family unit rate. There are no other changes to the Collection Agreement that will result if Amendment No. 1 is approved. Moreover, while staff and HF&H negotiated the terms of implementing AB 1594, Republic Services has been processing the City’s green waste so that the City can obtain diversion credit. This service was provided at the request of the City. For the period January 1, 2020 to September 28, 2020, the City has accrued costs for this service of approximately $34,000. Staff recommends using Waste Management Act funds to compensate Republic Services. In addition to staff’s recommendation to approve Amendment No. 1 of the Agreement, staff also recommends that the City Council allow staff to revise the scope of work for the Professional Services Agreement between the City and 8 5 0 HF&H, which was approved by the City Council on April 8, 2019. The scope of work is attached as Attachment E. The current HF&H scope of work envisions folding a number of state unfunded mandates dealing with solid waste regulations into an updated franchise agreement through negotiations with Republic Services, including AB 1594, AB 1826, and SB 1383. While this goal was thought to be feasible by staff, CalRecycle – the state agency that oversees the state’s waste management, recycling, and waste reduction programs – favors more immediate compliance with AB 1826 (mandatory commercial organics recycling). The delays to this project caused by the ongoing pandemic and CalRecycle’s focus on AB 1826 have caused staff to shift priorities – that is, to focus on fulfilling the requirements of AB 1826 rather than attempting to negotiate all of these additional requirements into an updated agreement, which would further delay compliance. Given HF&H’s knowledge and experience with satisfying AB 1826 compliance in other cities and its familiarity with the City’s goals and obligations, staff recommends using the remaining consulting budget towards negotiations for an AB 1826 compliant commercial food waste program. HF&H tasks would include evaluating Republic’s proposed commercial organics program to comply with AB 1826, negotiating rates and terms of a commercial organics program, and preparing an AB 1826 amendment. The remaining consulting budget is approximately $29,000. If the amendment to the HF&H Professional Services Agreement as described above is authorized, staff will likely return to request additional funds and a subsequent amendment to continue and complete an updated franchise agreement. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved the proposed resolution as to form. FINANCIAL IMPACT: There is no impact to the General Fund. The costs related to the processing of green waste by Republic Services from January 1, 2020 to September 28, 2020 is estimated to total $34,000. There is sufficient funding available in the Waste Management Act Fund account #005-011-44000 to cover these costs. The rate adjustment of $0.65 per unit per month to the service component of the basic residential and multi-family rates is anticipated to cover the additional costs to process the green waste by Consolidated Disposal Service, LLC after September 2020. 8 5 0 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 7077: 1. Approving Amendment No. 1 (“Amendment”) to the Agreement between the City of Seal Beach and Consolidated Disposal Service, LLC, dba Republic Services (“Collection Agreement”) approving rate adjustment of $0.65 per unit per month to the service component of the basic residential and multi-family rates; and, 2. Authorizing the City Manager to execute Amendment No. 1; and, 3. Allocating funds in the not-to-exceed amount of $34,000 to compensate Republic Services for the processing of the City’ green waste per AB 1594; and, 4. Authorizing staff to amend the scope of work of the Professional Services Agreement with HF&H. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7077 B. Amendment No. 1 C. Detailed Calculations for AB 1594 D. Schedule of Maximum Rates E. Scope of Work dated January 25, 2019 RESOLUTION 7077 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH CONSOLIDATED DISPOSAL SERVICE, LLC, FOR AN ADJUSTMENT IN THE RESIDENTIAL GREEN WASTE RECYCLING PROCESSING RATE; AUTHORIZING ALLOCATING FUNDS TO COMPENSATE REPUBLIC SERVICES FOR PROCESSING GREEN WASTE; APPROVING AMENDING THE EXISTING SCOPE OF WORK WITH HF&H AND AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS ON BEHALF OF THE CITY WHEREAS, the State of California enacted Assembly Bill (AB) 1594, mandating that as of January 1, 2020, the use of green material as alternative daily cover (ADC) at landfills will no longer constitute diversion through recycling and will instead be considered disposal for purposes of measuring a jurisdiction’s 50 percent per capital disposal rate; and, WHEREAS, AB 1594 was designed to require the recycling of green waste and help improve air quality by reducing greenhouse gas emissions that are produced in landfills when organic material such as green waste decomposes; and, WHEREAS, Republic Services delivers green waste collected from the City’s customers to the Orange County Landfill System for use as ADC at no charge to customers; and, WHEREAS, the City has determined that with the elimination of diversion credit for ADC, as required by AB 1594, and the negative impact this will have on the City’s state-calculated diversion rate, an alternative destination for the City’s green waste is necessary; and, WHEREAS, the City’s solid waste consultant, HF&H Consultants, provided a rate review and completed negotiations with Republic Services on behalf of the City; and, WHEREAS, Republic Services processed the City’s green waste per the AB 1594 mandate during the period of January 1, 2020 to September 28, 2020 at the City’s direction; and, WHEREAS, CalRecycle has demanded the City become compliant with the AB 1826 mandate in the near term; and, WHEREAS, the City will revise the scope of work outlined in HF&H’s proposal 5 4 5 6 dated January 25, 2019 to focus on implementing the requirements of AB 1826 as stipulated by CalRecycle. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 1 dated September 28, 2020 to the Collection Agreement between the City of Seal Beach and Consolidated Disposal Service, approving a rate adjustment of $0.65 per unit per month to the service component of the basic residential and multi-family rates. SECTION 2. The City Council hereby authorizes the City Manager to execute the Amendment and any other necessary documents. SECTION 3. The City Council hereby authorizes allocating funds in the not-to- exceed amount of $34,000 to compensate Republic Services for the actual costs of processing of the City’s green waste per AB 1594 between January 1, 2020 and September 28, 2020. SECTION 4. The City Council approves amending the scope of work for the consulting contract with HF&H to develop an AB 1826 compliant commercial food waste program and utilizing the remaining compensation amount allocated for said contract, approximately $29,000.00, for the revised scope of work. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th 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 5 4 5 6 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 7077 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September, 2020. Gloria D. Harper, City Clerk CITY OF SEAL BEACH Detailed Calculations for AB 1594 Diversion Compliant Processing Attachment 1 9/22/2020 1 - 1 Row Metric Rate Buildup for AB 1594 Compliant Program COMMENTS Land Application Component 1 Average Annual Green Waste Tons 1,637 Based on 3 year average of 2017, 2018, and 2019. 2 Percentage of Tonnage to Circle Green in El Mirage 97.0%Upon removal of contamination at the H.B. Rainbow Facility. 3 Tons to be applied as Land Application 1,588 Calculation: R1 x R2 4 Total Transportation Cost/Ton for H.B. Rainbow to Circle Green in El Mirage.$25.00 Transport fee to Circle Green in El Mirage per Green Waste Supply Agreement with Circle Green Inc. 5 H.B. Rainbow Processing Cost/Ton (Cleaning/Loading)$30.54 Verified via Republic spreadsheet dated November 8, 2019. 6 Subtotal of Cost per Ton Excluding Land Application Cost $55.54 Calculation: R4 + R5 7 Margin 10% 8 Total Margin Cost per Ton $5.55 Calculation: R6 X R7 9 Land Application Cost/Ton to Circle Green in El Mirage $11.00 Tip fee at Circle Green in El Mirage per Green Waste Supply Agreement with Circle Green Inc. 10 Subtotal of Rate with Margin $72.09 Calculation: R6 + R8 + R9 11 Host Fee Percentage Applied to Green Waste for City of Huntington Beach 2%Per Republic 11/22/2019 proposal and verified during October 16, 2019 site visit. 12 Host Fee Per Ton $1.44 Calculation: R10 X R11 13 Total Cost per Ton for Land Application Component $73.53 Calculation: R10 + R12 14 Tons to be Applied as Land Application 1,588 From R3 15 Total Cost for Land Application Component $116,766 Calculation R13 X R14 Residual Component 16 Average Annual Green Waste Tons 1,637 Based on 3 year average of 2017, 2018, and 2019. 17 Residual Percentage Tonnage to Landfill 3.0%Upon removal of contamination at the H.B. Rainbow Facility. 18 Residual tons to be Disposed at Landfill 49 Calculation: R16 x R17 19 H.B. Rainbow Processing Cost/Ton (Cleaning/Loading)$30.54 Verified via Republic spreadsheet dated June 5, 2020. 20 Cost/Ton for Municipal Solid Waste at OC Landfill for Transport $10.61 Per invoice #3182 from WDP Transportation Corp dated May 31, 2020. 21 Subtotal Cost per Ton to Dispose of Residual Excluding Disposal $41.15 Calculation: R19 + R20 22 Margin 10% 23 Total Margin per Ton $4.12 Calculation: R21 X R22 24 Cost/Ton for Municipal Solid Waste at OC Landfill for Disposal $35.67 July 1, 2020 tip fee at OC Landfills. 25 Subtotal of Rate with Margin $80.94 Calculation: R21 + R23 + R24 26 Host Fee Percentage Applied to Green Waste for City of Huntington Beach 2%Per Republic 11/22/2019 proposal and verified during October 16, 2019 site visit. 27 Host Fee Per Ton $1.62 Calculation: R25 X R26 28 Total Cost per Ton for Residual Component $82.56 Calculation: R24 + R26 29 Residual Tons to be Disposed at OC Landfill 49 From R18 30 Total Cost for Residual Component $4,045 Calculation: R28 X R29 31 Total Program Cost for Land Application $120,811 Calculation: R15 + R30 32 Current Cost Per Ton for Green Waste as ADC $47.65 Based on City of Seal Beach cost per ton to dispose green waste from 6/5/2020 spreadsheet. 33 Tons to be used as Land Application 1,637 Based on 3 year average of 2017, 2018, and 2019 from R1. 34 Current Cost for Green Waste as ADC $78,003 Calculation: R32 X R33 35 Annual Incremental Cost for Land Application $42,808 Calculation: R31 - R34 36 Total Residential Single and Multi-Family Cart Premises 5,912 Based on Utility Billing Report run by City on 12/17/2019. 37 Total Annual Cost to Single Family and Multi-Family Cart Premises $7.24 Calculation: R35 ÷ R36 38 Months per Year 12 39 Monthly Cost to Single Family and Multi-Family Cart Premises $0.60 Calculation: R37 ÷ R38 40 Franchise Fee Percentage 7.0%Per Section 3.2 of the Franchise Agreement 41 Monthly Cost With Franchise Fee for Land Application $0.65 Calculation: R39 X (1+R40) 42 Eligible Portion of Residential Basic Service Rate $14.32 Per Republic's July 1, 2020 Rate Adjustment Calculations. 43 New Eligible Portion of Residential Rate for Basic Service $14.97 Calculation: R41 + R42 44 Ineligible Portion of Residential Rate for Basic Service $5.93 Per Republic's July 1, 2020 Rate Adjustment Calculations 45 New Basic Residential Rate $20.90 Calculation: R43 + R44 46 Eligible Portion of Multi-Family Residential Rate $13.77 Per Republic's July 1, 2020 Rate Adjustment Calculations. 47 Monthly Cost for Land Application $0.65 From R41 48 New Eligible Portion of Multi-Family Residential Rate for Basic Service $14.42 Calculation: R46 + R47 49 Ineligible Portion of Multi-Family Residential Rate for Basic Service $5.71 Per Republic's July 1, 2020 Rate Adjustment Calculations 50 New Basic Multi-Family Residential Rate $20.13 Calculation: R48 + R49 Effective September 28, 2020 Automated Cart System Color Monthly Rate to Customer Trash 35 GAL Brown/Gray $20.35 Recycling BLUE Trash 64 GAL Brown/Gray $20.35 Recycling BLUE Yardwaste light Green Trash 96 GAL Brown/Gray $20.35 Recycling BLUE Senior Citizen and Low Income Households Trash Brown/Gray $17.30 Recycling BLUE Yardwaste light Green MUTLI UNIT SERVICE Trash BLACK $19.61 Recycling BLUE Yardwaste Light Green Residential Monthly Billed for Extra Container Service Color Quote Monthly Rate to Customer Trash Brown/Gray $11.46 Additional Requests SERVICE AMOUNT Bulk Pick Up $27.94 If after the first two free-of-charge items Bulk Pick Up $55.88 3-5 Items Bulk Pick Up $111.72 6-10 Items Bulk Pick Up $233.47 11-15 Items COMMERCIAL SOLID WASTE RATE SCHEDULE Effective September 28, 2020 PICK UP/WEEK 2 YARD PLUS PULL OUT 25 - 50FT PLUS PULL OUT 200 FT PLUS PULL OUT SUBTERRANEAN GARAGE 1 $129.05 $8.40 $19.60 $19.79 2 $207.69 $16.80 $39.24 $39.54 3 $265.68 $25.20 $58.84 $59.37 4 $356.91 $33.61 $78.47 $79.18 5 $375.07 $41.99 $98.04 $98.95 6 $467.44 $50.38 $117.70 $118.72 EXTRA PICK UP $83.61 N/A N/A N/A LOCK LIDS $6.97 N/A N/A N/A SCOUT/PUSH OUT N/A N/A N/A N/A PICK UP/WEEK 3 YARD PLUS PULL OUT 25 - 50FT PLUS PULL OUT 200 FT PLUS PULL OUT SUBTERRANEAN GARAGE 1 $170.19 $8.44 $19.72 $19.90 2 $249.73 $16.90 $39.47 $39.77 3 $337.24 $25.34 $59.17 $59.72 4 $421.23 $33.80 $78.92 $79.63 5 $514.58 $42.23 $98.61 $99.50 6 $604.39 $50.67 $118.37 $119.40 EXTRA PICK UP $84.09 N/A N/A N/A LOCK LIDS $7.00 N/A N/A N/A SCOUT/PUSH OUT N/A N/A N/A N/A PICK UP/WEEK 4 YARD PLUS PULL OUT 25 - 50FT PLUS PULL OUT 200 FT PLUS PULL OUT SUBTERRANEAN GARAGE 1 $226.63 $8.49 $19.82 $20.01 2 $337.37 $16.99 $39.69 $39.99 3 $399.41 $25.48 $59.51 $60.06 4 $468.20 $33.98 $79.37 $80.08 5 $596.65 $42.48 $99.17 $100.08 6 $674.09 $50.96 $119.04 $120.08 EXTRA PICK UP $84.57 N/A N/A N/A LOCK LIDS $7.04 N/A N/A N/A SCOUT/PUSH OUT N/A N/A N/A N/A RECYCLE BIN SERVICE 3 YARD PICKUP 1 $59.76 PICKUP 2 $88.90 PICKUP 3 $120.92 TEMP. 3 YARD RENTAL WEEKDAY WEEKEND DEL/REMOVAL $85.81 $92.43 DAILY RENTAL $12.95 $12.95 EXTRA DUMP $95.07 $102.38 CALL IN REQUESTS SERVICE AMOUNT Extra Pick Up for Permanent Bin Service $83.62 Extra Pick Up for Temp Bins $95.07 Bin Exchange $83.61 Extra Pick up $81.14 Extra Yardage $16.36 INDUSTRIAL SOLID WASTE RATE SCHEDULE Effective September 28, 2020 ROLL OFF BOXES PERM 12 YD W/ 10 TONS 40 YD W/ 8 TONS COMPACTOR HAUL RATE -DEL/REMOVAL $628.07 $559.12 $329.32 OVER TONNAGE $55.54 $55.54 $55.54 TRIP CHARGE $89.28 $89.28 $89.28 DAILY RENTAL (AFTER 2 WEEKS) $19.13 $19.13 N/A CALL IN REQUESTS SERVICE AMOUNT Haul & Return Varies Steam Clean $107.53 Replacement Delivery $179.22 Dead Run $89.79 Storage Box Rental $112.36 Storage Box Delivery/Removal $82.91 Agenda Item J AGENDA STAFF REPORT DATE:September 28, 2020 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Report on Orange County Vote Centers and Ballot Drop Box in Seal Beach ________________________________________________________________ SUMMARY OF REQUEST: That the City Council receive and file the report. BACKGROUND AND ANALYSIS: As part of the Voters Choice Act (VCA) passed in 2016, several voting options are now available to enhance the voter’s experience for the upcoming Presidential General Election 2020 to be held on Tuesday, November 3, 2020. Those options include the addition of more than 200 Vote Centers throughout Orange County, a flexible voting schedule, an automatic vote-by-mail ballot for all registered voters, and secure permanent ballot drop-off locations. Orange County Registrar of Voters (OCROV) acquired equipment and updated its operations for the March 3, 2020 California Primary Election and was successful in mailing a ballot to every voter. OCROV has the necessary equipment and experience to do so again for the November 3, 2020 California General Election. Every registered voter in California will receive a vote-by-mail ballot per Assembly Bill 860. Vote-by-mail ballot mailing will begin on Tuesday, October 5, 2020 and be completed within five days. The vote-by mail ballot can be returned to any vote center in Orange County. Additionally, OCROV reached out to cities to secure vote center locations. The OCROV through the County of Orange entered into an agreement with the City of Seal Beach for use of the following facilities: 5-day Vote Center at Seal Beach Senior Center located at 707 Electric Avenue Seal Beach, CA; and, 5-day Vote Center at Fire Station #48 located at 3131 North Gate Road Seal Beach, CA. 8 4 9 The days and hours of operation for both facilities are as follows: Friday, October 30, 2020 – Monday, November 2, 2020 8:00 a.m. – 8:00 p.m. Tuesday, November 3, 2020 (Election Day) 7:00 a.m. – 8:00 p.m. Vote Centers will serve as a one-stop location for all things voting. Vote Centers allow residents to not only vote, but to receive a replacement ballot, and general assistance from highly trained staff for 5 days, including weekends, not just one day. The VCA also required counties to provide at least one ballot drop box location for every 15,000 registered voters. The OCROV selected the Mary Wilson Library located at 707 Electric Avenue as the Ballot Box location for the City of Seal Beach and a License Agreement was entered into on October 31, 2019 by and between the City of Seal Beach and the County of Orange, through its Registrar of Voters. The Ballot Drop Box mail slot will be unlocked on October 5, 2020 by OCROV staff, and will remain unlocked and available for use 24 hours 7 days a week, until 8:00 p.m. on Election Day, with daily pick-ups by OCROV staff. Concluding the election, the Ballot Drop Box will be locked and unavailable until the next election. Vote-by-mail ballots can be dropped off at any of the 110+ ballot drop boxes located throughout Orange County. 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. All costs will be borne by the Orange County Registrar of Voters. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. 8 4 9 MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council receive and file the report. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS: A. Vote Center Entry (License) - Seal Beach Senior Center B. Vote Center Entry (License) - Fire Station 48