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Agenda Packet_12132021
SEAL'e,,, , AGENDA MEETING OF THE CITY COUNCIL Monday, December 13, 2021 - 7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE JOE KALMICK MAYOR First District MIKE VARIPAPA MAYOR PRO TEM Third District SCHELLY SUSTARSIC COUNCIL MEMBER Fourth District THOMAS MOORE COUNCIL MEMBER Second 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 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. seal beachca.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 Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and County measures to promote social distancing remain in effect. Due to the continuing need for social distancing and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the above - referenced Meeting will be by teleconference for the Members of the City Council, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees. PUBLIC COMMENT AND PUBLIC HEARING: 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.seaIbeachca.gov/Government/Agendas-Notices-Meeting- Videos/CouncilCommission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City's website and forwarded to the City Council after the meeting. Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link: https://zoom.us/j/82572251546. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the City Council. The ability to comment will be disabled when your allotted time has expired. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL'S DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS REQUIRED BY GOVERNMENT CODE SECTION 54953(e). 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 Recognition of Planning Commissioner Ronde Winkler Retirement Recognition for Police Officer Eric Tittle Introduction of Management Analyst Lauren Barich Introduction of Management Analyst Sean Sabo Introduction of Recreation Specialist Erika Halberg American Rescue Plan Act (ARPA) Update PUBLIC COMMUNICATIONS At this time members of the public may address the Council regarding the items on this City Council 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 5:30 pm on October 11, 2021. Comments provided via email by 5:30 pm will be distributed to the City Council and posted on the City website for review by the public. Email comments received after that time will be posted on the City's website and forwarded to the City Council after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking the following link: https://zoom.us/-0/82326535852. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the Council. The ability to comment will be disabled when your allotted time has expired. CITY ATTORNEY REPORT CITY MANAGER REPORT Craig A. Steele, City Attorney Jill R. Ingram, City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A. Approving and Authorizing a Resolution in Support of the City of Seal Beach Remaining in the Same Congressional District as Huntington Beach and Newport Beach - That the City Council adopt Resolution 7218: 1. Requesting the California Citizens Redistricting Commission include the City of Seal Beach, California in the same Congressional District as Huntington Beach and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California Citizens Redistricting Commission in support of the resolution. CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B. Approval of the November 8, 2021 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on November 8, 2021. C. Demands on City Treasury (Fiscal Year 2022) — December 13, 2021 - Ratification. D. Monthly Investment Report — October 31, 2021 - Receive and file. E. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in- person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically. F. Ratification of Sub -Recipient Agreement Between the County of Orange and the City of Seal Beach for Meal Gap Services - That the City Council approve Resolution 7219: 1. Ratifying a Sub -Recipient Agreement between the County of Orange and the City of Seal Beach for American Rescue Plan Act of 2021 (ABPA) funds to provide meal gap services in Seal Beach; and, 2. Approving Budget Amendment BA 22-06-01. G. Second Amendment to Legal Services Agreement with Richards, Watson & Gershon - That the City Council adopt Resolution 7220: 1. Approving the Second Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2. Authorizing the City Manager to execute the amendment on behalf of the City. H. Approving Amendment No. 2 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority (OCTA) and Budget Amendment 22-06-02 for the OCTA 1-405 Improvement Project - That the City Council adopt Resolution 7221: 1. Approving Amendment No. 2 to Cooperative Agreement No. C-6-1126 dated June 27, 2016, as previously amended by Amendment No. 1 dated April 22, 2019 with Orange County Transportation Authority to increase compensation by $370,000 for the 1-405 Improvement Project; and, 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. C-6-1126; and, 3. Approving Budget Amendment 22-06-02 recognizing $370,000 from the Orange County Transportation Authority (OCTA) for the 1-405 Freeway Improvement Project. I. Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt Resolution 7222: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2020-2021 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2020-2021; and, 3. Directing the City Manager to submit the M2 Expenditure Report to OCTA no later than December 31, 2021. J. Awarding and Authorizing the City Manager to Execute Maintenance Services Agreements with LEED Electric, Inc. and Baker Electric, Inc. for On -Call Electrical Maintenance and Repair Services - That the City Council adopt Resolution 7223: 1. Approving and awarding a maintenance services agreement with LEED Electric, Inc., in the amount of $300,000 to provide On - Call Electrical Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a maintenance services agreement with Baker Electric, Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and Repair Services for a three-year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. K. Notice of Completion for the City Hall Exterior Stairway Rehabilitation, CIP BG2102 - That the City Council adopt Resolution 7224: 1. Accepting the City Hall Exterior Stairway Rehabilitation Project, CIP BG2102, by Noble E&C in the amount of $128,845; 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. L. Approving and Authorizing a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority 1-405 Improvement Project Storm Water Inspection Services - That the City Council adopt Resolution 7225: 1. Approving a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority 1-405 Improvement Project Storm Water Inspection Services in the not - to -exceed amount of $14,000; and, 2. Authorizing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve contract changes to the Professional Services Agreement with John L. Hunter and Associates in the amount not -to -exceed $1,400. M. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Owen Group Limited Partnership for ADA Self -Evaluation and Transition Plan Services - That the City Council adopt Resolution 7226: 1. Approving Amendment No. 2 to the Professional Services Agreement, as previously amended by Amendment No. 1 dated December 14, 2020, with Owen Group Limited Partnership for Americans with Disabilities Act (ADA) Self - Evaluation and Transition Plan services; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. N. Approving Amendment No. 3 to the Professional Services Agreement with W.G. Zimmerman Engineering, Inc. for the OCTA 1-405 Improvement Project - That the City Council adopt Resolution 7227: 1. Approving Amendment No. 3 to the Professional Services Agreement dated April 23, 2018, with W.G. Zimmerman Engineering, Inc. to increase compensation by $150,000 for a revised total contract not -to -exceed amount of $400,000 for additional OCTA 1-405 Improvement Project consultant services; and, 2. Authorizing the City Manager to execute Amendment No. 3. O. Resolution Certifying that the City of Seal Beach has the Resources to Fund the Projects in the FY 2022/23 — 2027/28 Transportation Improvement Program and Affirming its Commitment to Implement all Projects in the Program - That the City Council adopt Resolution 7228 certifying that the City of Seal Beach has the resources to fund the projects in the FY 2022/23 — 2027/28 Transportation Improvement Program and affirming its commitment to all projects in the Program. P. Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water and Wastewater Agencies - That the City Council: 1. Adopt resolution 7229 supporting federal PFAS legislation that protects ratepayers and water and wastewater agencies; and, 2, Authorize the Seal Beach City Council to issue letters advocating for critical PFAS policy priorities to the Orange County US House of Representatives delegation and to California's U.S. Senatorial Delegation. Q. Approve the City's Participation in National Litigation Settlement Agreements with Opioid Manufacturers and Distributors, Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, Authorize Entry into the Memorandum of Understanding with the Attorney General, and Authorize the City Manager to Take All Actions Necessary to Implement the Settlement Agreements; Adopt Resolution 7230 - The City Attorney recommends that the City Council approve the City's participation in national litigation settlement agreements with opioid manufacturers and distributors, agree to the terms of the Memorandum of Understanding allocating settlement proceeds, authorize entry into the Memorandum of Understanding with the Attorney General, and authorize the City Manager to take all actions necessary to implement the settlement agreements, by adopting Resolution 7230. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING R. Adopt Updated User and Regulatory Fees for Community Development and Public Works - It is recommended that the Council approve Resolution 7231 updating and establishing user and regulatory fees for various City services. S. First Public Hearing for Review of City Council District Boundaries - That the City Council conduct a public hearing and: 1. Designate two (2) members of the City Council as a subcommittee to review 2020 census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data. UNFINISHED / CONTINUED BUSINESS NEW BUSINESS T. Introduction of an Ordinance to Implement the Requirements of SB 1383 - That the City Council consider the following: Introduction by First Reading by title only and waive further reading of Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of SB 1383. U. Reviewing the Tennis Center Conceptual Design Plans and Approving Budget Amendment BA 22-06-03 for the Tennis Center Improvement Project, CIP BG210 - That the City Council: 1. Review and provide feedback on the Tennis Center Improvement Project Conceptual Design Plans, CIP BG2105; and, 2.Adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000 appropriating funds to the Tennis Center Improvement Project, CIP BG2105. V. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2022. ADJOURNMENT Adjourn the City Council to Monday, January 10, 2022 at 5:30 p.m. in memory of former Mayor and Council Member Victor Grgas and Planning Commissioner Ronde Winkler to meet in closed session, if deemed necessary. rid � I .• S Eqt '0 .J 9� i` `•�� iV • i i INCORPORATED , ,,, 1915 -•.4 /FO RN..• Ronde Winkler Seal Beach City Council/� February 2020 — December 2021 l Thank you for your dedicated service to the City of Seal Seal Beach City Council tkcemba 13 2021 `I , ;rem r r.y 0 4w, - ----q FL- A L a = i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Patrick Gallegos, Assistant City Manager SUBJECT: Approving and Authorizing a Resolution in Support of the City of Seal Beach Remaining in the Same Congressional District as Huntington Beach and Newport Beach SUMMARY OF REQUEST: That the City Council adopt Resolution 7218: 1. Requesting the California Citizens Redistricting Commission include the City of Seal Beach, California in the same Congressional District as Huntington Beach and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California Citizens Redistricting Commission in support of the resolution. BACKGROUND AND ANALYSIS: Redistricting is the once in a decade process of redrawing the political boundaries for elective offices after U.S. Census data is received and is completed every ten years using census data. California voters authorized the creation of the California Citizens Redistricting Commission (Commission) when they passed the VOTERS FIRST Act (Act) in 2008 and the Congressional Voters FIRST Act in 2010. The Commission is responsible for redrawing the boundaries of California's Congressional, State Senate, State Assembly, and State Board of Equalization districts. The 14 -member Commission is made up of five Republicans, five Democrats, and four members not affiliated with either of these parties. The Commission is directed to draw the district lines in conformity with strict, nonpartisan rules designed to create districts of relatively equal population that will provide fair representation for all Californians. Agenda Item A The Commission has held outreach and education meetings earlier in the year, and upon receipt of the official redistricting dataset, released the first maps. The Commission is currently reviewing map visualizations. Seal Beach is located within the 48th Congressional District, which also includes the northern Orange County coastal communities of Huntington Beach, Newport Beach, and Laguna Beach. The Commission has received input from the public, with a few advocating for adding all the coastal communities within Orange County into one congressional district. If the Council approves Resolution 7218 (Resolution), staff will need to work quickly to get the letter to the Commission, as the process is in its final stages and the Final Report Meeting begins on December 21St. Final maps are required to be displayed by December 23rd and need to be certified by the Secretary of State by December 27th Based on direction from Council members, staff prepared the attached Resolution and a draft letter to reflect the City Council's interest in including the City of Seal Beach in the same Congressional District as Huntington Beach and Newport Beach. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this item and approved it as to form. 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. RECOMMENDATION: That the City Council adopt Resolution 7218: 1. Requesting the California Citizens Redistricting Commission include the City of Seal Beach, California in the same Congressional District as Huntington Beach and Newport Beach; and, 2. Authorizing the Mayor to sign a letter to the California Citizens Redistricting Commission in support of the resolution. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager Prepared by: Lauren Barich, Management Analyst ATTACHMENTS: A. Resolution 7218 B. Draft Letter RESOLUTION 7218 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING THE CALIFORNIA CITIZENS REDISTRICTING COMMISSION INCLUDE THE CITY OF SEAL BEACH IN THE SAME CONGRESSIONAL DISTRICT AS HUNTINGTON BEACH AND NEWPORT BEACH WHEREAS The California Citizens Redistricting Commission (Commission) is in the process of redrawing the boundaries of certain electoral districts, including congressional districts; and, WHEREAS The cities of Seal Beach, Huntington Beach, and Newport Beach share common interests, concerns, and challenges due to being coastal communities within Orange County and would benefit from remaining in the same congressional district. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The Council does hereby request the Commission to include the cities of Seal Beach, Huntington Beach, and Newport Beach within the same congressional district. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7218 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk ***LETTERHEAD*** ***DATE*** California Citizens Redistricting Commission 721 Capitol Mall, Suite 260 Sacramento, CA 95814 Honorable Commissioners: Thank you for the Commission's work throughout the redistricting process. The task of redrawing electoral boundaries is incredibly intensive and certainly complex. On behalf of the City of Seal Beach, we respectfully request the Commission to place the City of Seal Beach in the same congressional district as the cities of Huntington Beach and Newport Beach. As northern coastal communities within Orange County, we share common interests, concerns, and challenges. Remaining in the same congressional district would be beneficial in ensuring the continued prosperity of our communities. We appreciate the opportunity to share this request with you. Thank you for your continued work on these important matters on behalf of our residents and all Californians. Sincerely, Joe Kalmick Mayor Enclosure: Resolution XXXX U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Approval of the November 8, 2021 City Council Minutes SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on November 8, 2021. 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. Agenda Item B RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on November 8, 2021. SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session Page 2 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Seal Beach, California November 8, 2021 The City Council met in Regular Session at 7:04 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Michael Henderson, Police Captain Joe Bailey, Chief, Marine Safety Department Barry Curtis, Interim Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Lauren Barich, Executive Assistant Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that one (1) supplemental communication was received after posting of the agenda. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIO • Reserve Police Officer Dave Mains Retirement • Parking Signage — Beach Lot Update • Veterans Day Proclamation ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that no email comments were received. There were no callers on the line wishing to speak. Mayor Kalmick then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele had no items to report. CITY MANAGER REPORT City Manager Ingram indicated that the Municipal Water District of Orange County (MWDOC) recently published a press release regarding the Board's recent activation of MWDOC's water shortage contingency plan in response to Governor Newsom's call for a voluntary 15% reduction in water consumption from 2020 levels. City Manager Ingram introduced Public Works Director Myrter, who provided a brief water update to the Council and the community. He indicated that the City operates its own water utility and imports some water from MWDOC. Additionally, City Manager Ingram wished the Council, staff, and community a happy and safe Thanksgiving holiday. COUNCIL COMMENTS Council Member Moore indicated that he attended the Rossmoor Community Services District meeting where they discussed redistricting and noted he is looking forward to the update from the City this evening. Additionally, he mentioned that he enjoyed watching the residents of College Park West enjoy Halloween in the neighborhood and wished everyone a Happy Thanksgiving. Council Member Sustarsic had no comments. Mayor Pro Tem Varipapa had no comments. Council Member Massa-Lavitt wished everyone a Happy Holiday. Mayor Kalmick wished everyone a Happy Thanksgiving. COUNCIL ITEMS There were no Council items. CONSENT CALENDAR Council Member Sustarsic moved, second by Mayor Pro Tem Varipapa, to approve the recommended actions on the consent calendar. A. Approval of the October 25, 2021 City Council Minutes - That the City Council approve the minutes of the Special City Council meeting and Regular City Council meeting held on October 25, 2021. B. Demands on City Treasury (Fiscal Year 2022) — November 8, 2021 - Receive and file. C. Reimbursement to Los Alamitos Unified School District for Half of the Cost to Replace the Gym Floor at McGaugh Elementary - That the City Council adopt Resolution 7213 approving reimbursement to Los Alamitos Unified School District for half of the total cost of replacement of the McGaugh Elementary gymnasium floor, including a 10% contingency, in the not -to -exceed amount of $117,789.10, and approve budget amendment BA 22-05-01 appropriating funds in the General Fund to pay for these costs. D. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with NV5, Inc. for On -Call Professional Inspection Services - That the City Council adopt Resolution 7214: 1. Approving Amendment No. 2 to the Professional Services Agreement dated July 22, 2019, as previously amended by Amendment No. 1 dated July 22, 2019, with NV5, Inc. to increase compensation by $225,000 for a revised total contract not -to -exceed amount of $465,000 for additional on-call professional inspection services for the original term, and increasing compensation by $280,000 for a revised total not -to -exceed amount of $360,000 for each optional term extension; and, 2. Authorizing the City Manager to Execute Amendment No. 2. E. Approval of a Joint Agreement with the County of Orange for the new 800 MHz Countywide Coordinated Communication System (CCCS) - That the City Council adopt Resolution 7215: 1. Approving an agreement between the City of Seal Beach and the County of Orange County for the 800 Megahertz Countywide Coordinated Communications System, which serves as the County's public safety radio system; and, 2. Authorizing the City Manager to execute the agreement. F. Awarding and Authorizing a Professional Services Agreement for Furnishing and Installation of SCADA Radios and Antennas - That the City Council adopt Resolution 7216: 1. Approving and awarding a Professional Services Agreement with Applied Technology Group, Inc. in a not -to -exceed amount of $72,963 to Furnish and Install SCADA Radios and Antennas; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $7,000 in connection with Furnishing and Installation of SCADA Radios and Antennas. G. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with B & B Nurseries, Inc. - That the City Council adopt Resolution 7217: 1. Approving Budget Amendment 22-05-02 appropriating $43,707 in the Special Projects Fund; and, 2. Approving Amendment No. 1 to the Professional Services Agreement with B & B Nurseries, Inc., for procurement and installation of five Coastal Oak trees in Gum Grove Nature Park; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1. H. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because inperson meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS I. Appointment of the Initial Five Members to the Board of Directors of the Seal Beach Historic Resources Foundation - That the City Council approve the appointment of the initial five members to the Board of Directors of the Seal Beach Historic Resources Foundation. City Clerk Harper provided a comprehensive review of the staff report. Council Member Massa-Lavitt expressed her appreciation for everyone who applied to the Historic Resources Foundation and wished those who were appointed good luck. Council Member Sustarsic thanked the applicants and indicated that it is her hope that those not selected could stay involved in some capacity. Mayor Kalmick expressed his excitement for what's to come with the Historic Resources Foundation and echoed the sentiments of Council Member Sustarsic and Council Member Massa-Lavitt. Council Member Moore moved, second by Mayor Pro Tem Varipapa, to approve the appointment of the initial five members to the Board of Directors of the Seal Beach Historic Resources Foundation. City Clerk Harper took a roll call vote to approve Item I. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried NEW BUSINESS J. Discussion regarding redistricting process for federal, state, and local jurisdictions (2020 Census) Assistant City Manager Gallegos provided a comprehensive report on the redistricting process. Council Member questions were addressed. Mayor Kalmick thanked Assistant City Manager Gallegos and Executive Assistant Barich for the presentation. ADJOURNMENT Mayor Kalmick adjourned the City Council meeting at 7:55 p.m., to Monday, December 13, 2021, at 5:30 p.m. to meet in Closed Session if deemed necessary. Approved: Attested: Joe Kalmick, Mayor Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk City of Seal Beach City of Seal Beach Fiscal Year 2022 Warrant Listing for Council Meeting 12-13-2021 Approve by Minute Order Demands on Treasury: Warrants-A/P: Checks 21769 - 22074 $ 1,452,787.40 Electronic Funds Transfer 1085 - 1127 151,638.79 Ca1PERS Medical Wire 118,485.09 Bank Draft: Payroll State & Federal Taxes 279,225.62 ICMA 52,581.25 Ca1PERS Pension 273,047.21 City of Seal Beach Flex Spending 2,698.30 Voided Checks (118,485.09) $ 2,211,978.57 Year -to -Date: $ 19,853,526.58 Payroll: Payroll Direct Deposit $ 931,804.42 Total Payroll: $ 931,804.42 Year -to -Date: $ 5,139,126.19 Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: Kelly Tel f r CPA Director of Finance/City Treasurer Date Check Report By Check Number Date Range: 11/01/2021 - 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: APBW General -BW City General Acct. 000397 GHD Inc 11/04/2021 EFT 0.00 1,737.00 1085 38[x-0002044 Invoice 11/01/2021 On Call Plan Checking Services - August 2 0.00 1,370.00 380-0002875 Invoice 11/01/2021 On Call Plan Checking Services - Septemb 0.00 367.00 001049 W.G. Zimmerman Engineer. 11/04/2021 EFT 0.00 6,900.00 1086 21-09-619 Invoice 11/01/2021 On -Call Traffic Engineering Services - Sept 0.00 1,575.00 21-09-620 Invoice 11/01/2021 On -Call Traffic Engineering Services (FY21 0.00 5,325.00 000263 Darrell Hardin 11/08/2021 EFT 0.00 505.96 1087 W18846-22 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 505.96 000274 David Van Holt 11/08/2021 EFT 0.00 102.78 1088 W18846-57 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 102.78 000317 Don Hagen 11/08/2021 EFT 0.00 168.56 1089 W18846-20 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 168.56 000490 James E. Nettleton 11/08/2021 EFT 0.00 556.94 1090 W18846-37 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 556.94 000492 James Johnson 11/08/2021 EFT 0.00 1,152.07 1091 W18846-24 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,152.07 000531 John Scott 11/08/2021 EFT 0.00 1,833.44 1092 W18846-46 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,833.44 000532 John Wachtman 11/08/2021 EFT 0.00 556.94 1093 W18846-59 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 556.94 000830 Ronald Lavelle 11/08/2021 EFT 0.00 1,085.07 1094 W18846-27 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,085.07 000063 Aqua -Metric Sales Company 11/12/2021 EFT 0.00 437.54 1095 INV0084988 Invoice 11/10/2021 6" Omni C2 Reg 0.00 437.54 000182 Cheryl Von der Hellen 11/12/2021 EFT 0.00 798.00 1096 138209 Invoice 11/10/2021 Instructor Pay 10-22 to 11-03-2021 0.00 798.00 000343 Emblems Inc 11/12/2021 EFT 0.00 386.00 1097 37584 Invoice 11/10/2021 Police Patches 0.00 386.00 000593 Lifecom Inc. 11/12/2021 EFT 0.00 65.00 1098 2094365 -IN Invoice 11/10/2021 Service and Calibration 0.00 65.00 000642 Mcmaster-Carr 11/12/2021 EFT 0.00 436.49 1099 66778297 Invoice 11/10/2021 Padlocks 0.00 436.49 000784 PSI 11/12/2021 EFT 0.00 53.82 1100 30988 Invoice 11/10/2021 Coupler Female 0.00 40.78 31071 Invoice 11/10/2021 Cherry Soap 0.00 13.04 000818 Richards Watson & Gershon 11/12/2021 EFT 0.00 20,696.90 1101 234190 Invoice 11/10/2021 Services Oct 2021 0.00 20,500.00 57296 Invoice 11/10/2021 57296 Services 8-24 to 9-21-2021 0.00 196.90 000839 RPW Services, Inc. 11/12/2021 EFT 0.00 1,327.50 1102 26737 Invoice 11/10/2021 Services Sept 2021- Arbor Park 0.00 307.50 26738 Invoice 11/10/2021 Services Sept 2021- Eisenhower Park 0.00 130.00 12/2/2021 4:00:25 PM Page 1 of 24 Check Report Vendor Number Payable ff 26739 26740 26741 26742 000928 360197 360199 000986 131907 000248 24643 24653 24659 24661 24663 001076 IN -0241269 IN -0242984 000385 BC1463479 000442 26136 26137 000502 111688 000647 1130497 000747 IV125698 001005 20213327 20213328 000091 25692 000172 63301 000502 110724/1 111678 000896 9854 9892 001012 1020210653 dsb20205624 000136 INV139574 000343 12/2/2021 4:00:25 PM Vendor Name 0.00 Payable Type Post Date Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Step Saver CA LLC 0.00 Invoice 11/10/2021 Invoice 11/10/2021 The Printery, Inc. Invoice Invoice 11/10/2021 Custom Glass 1,560.00 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 ES OPCO USA LLC Invoice 11/10/2021 Invoice 11/10/2021 Galls, LLC Invoice 11/10/2021 Hi Standard Automotive LLC Invoice 11/10/2021 Invoice 11/10/2021 JCL Traffic Services Invoice 11/10/2021 Michael Baker International Inc Invoice 11/10/2021 Parkeon Inc. Invoice 11/10/2021 Transtech Engineers, Inc Invoice 11/10/2021 Invoice 11/10/2021 Beau Bureaux Interiors Invoice 11/23/2021 Charles Abbott Associates, Inc Invoice 11/23/2021 JCL Traffic Services 0.00 Invoice 11/23/2021 Invoice 11/23/2021 So Cal Land Maintenance Inc. Invoice 11/23/2021 Invoice 11/23/2021 Underground Sery Alert Sc Invoice 11/23/2021 Invoice 11/23/2021 C3 Technology Services Invoice 11/23/2021 Emblems Inc Payment Date Payment Type Payable Description Services Sept 2021- Eisenhower Services Sept 2021- Electric Ave Services Sept 2021- Fire Dept Services Sept 2021- Schooner Way 11/12/2021 EFT Coarse Salt Coarse Salt 11/12/2021 EFT Window Envelopes 11/12/2021 EFT CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Gar CBDG/PLHA Leisure World Bathroom Acc 11/12/2021 EFT Pest control chemicals Pest control chemicals 11/12/2021 EFT Polo/ Short Sleeve Shirts 11/12/2021 EFT Mount Tray/ Amplifier /Installation Pit bars for all patrol vehicles 11/12/2021 EFT Barricade Rental 11/12/2021 EFT Preparation of a Local Coastal Plan Thru O 11/12/2021 EFT Parking Pay Station Warranty and Support 11/12/2021 EFT 19009 SB Building $ Safety Staff Services - 19010 SB Plan Check Services 8-31-2021 11/24/2021 EFT Furniture for CM and City Clerk's suites 11/24/2021 EFT Building Permit and Code Enf Software- O 11/24/2021 EFT Late Fees Inv 110724 Water Wall Rental 9-20 to 10-19-2021 11/24/2021 EFT Landscape Maintenance Services- Extra W Landscape Maintenance Services -Beach D 11/24/2021 EFT Services Oct 2021 Services Oct 2021 11/24/2021 EFT Services 10-10 to 11-9-2021 11/24/2021 EFT Date Range: 11/01/2021 - 12/02/2021 DiscountAmount PaymentAmount Number Discount Amount Payable Amount 0.00 500.00 0.00 130.00 0.00 130.00 0.00 130.00 0.00 598.27 1103 0.00 160.20 0.00 438.07 0.00 630.75 1104 0.00 630.75 0.00 110.00 1109 0.00 110.00 0.00 3,334.65 1110 0.00 3,334.65 0.00 315.00 1111 0.00 315.00 0.00 43,524.96 1112 0.00 29,527.50 0.00 13,997.46 0.00 3,528.31 1113 0.00 3,528.31 0.00 1,000.00 1114 0.00 1,000.00 0.00 0.00 4,525.00 1105 0.00 2,520.00 905.00 2,766.84 1116 0.00 1,206.84 905.00 1,560.00 0.00 197.92 1117 905.00 87.55 0.00 110.37 905.00 0.00 905.00 0.00 1,775.32 1106 0.00 219.30 0.00 1,556.02 0.00 108.43 1107 0.00 108.43 0.00 1,611.38 1108 0.00 813.25 0.00 798.13 0.00 110.00 1109 0.00 110.00 0.00 3,334.65 1110 0.00 3,334.65 0.00 315.00 1111 0.00 315.00 0.00 43,524.96 1112 0.00 29,527.50 0.00 13,997.46 0.00 3,528.31 1113 0.00 3,528.31 0.00 1,000.00 1114 0.00 1,000.00 0.00 2,557.80 1115 0.00 37.80 0.00 2,520.00 0.00 2,766.84 1116 0.00 1,206.84 0.00 1,560.00 0.00 197.92 1117 0.00 87.55 0.00 110.37 0.00 773.68 1118 0.00 773.68 0.00 300.00 1119 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 37843 Invoice 11/23/2021 Mini Patch 0.00 300.00 000417 Granite Telecommunications LLC 11/24/2021 EFT 0.00 1,341.68 1120 539440460 Invoice 11/23/2021 Services Nov 2021 0.00 1,341.68 000723 Omega Industrial Supply Inc. 11/24/2021 EFT 0.00 883.65 1121 141166 Invoice 11/23/2021 Mega Sorb- Bulk 0.00 883.65 000771 Positive Concepts 11/24/2021 EFT 0.00 168.80 1122 0231632 -IN Invoice 11/23/2021 Heavy Weight Thermal 0.00 168.80 000818 Richards Watson & Gershon 11/24/2021 EFT 0.00 41,494.00 1123 234191 Invoice 11/23/2021 Servives Sept 2021- Personnel Matters 0.00 1,444.50 234192 Invoice 11/23/2021 Servives Sept 2021- Real Estate Matters 0.00 1,534.25 234193 Invoice 11/23/2021 Servives Sept 2021- COVID-19 Declaration 0.00 2,310.94 234194 Invoice 11/23/2021 Servives Sept 2021- Vs. California Resourc 0.00 14,003.01 234195 Invoice 11/23/2021 Servives Sept 2021-1405 Improvement Pr 0.00 1,701.30 234444 Invoice 11/23/2021 Retainer- Nov 2021 0.00 20,500.00 000839 RPW Services, Inc. 11/24/2021 EFT 0.00 130.00 1124 262.15 Invoice 11/23/2021 Services July 2021- 3131 N Gate 0.00 130.00 000876 Sectran Security, Inc. 11/24/2021 EFT 0.00 523.19 1125 21110485 Invoice 11/23/2021 Services Nov 2021 0.00 523.19 001057 West -lite Supply Co Inc 11/24/2021 EFT 0.00 347.06 1126 83820H Invoice 11/23/2021 LED 120 V 0.00 347.06 001070 Zumar Industries, Inc. 11/24/2021 EFT 0.00 292.09 1127 94850 Invoice 11/23/2021 Cyclists Stops 0.00 292.09 000149 CALPERS 11/08/2021 Regular 0.00 -118,485.09 21662 000433 Hardy & Harper. Inc. 11/03/2021 Regular 0.00 35,768.84 21769 47831 Invoice 11/01/2021 On -Call Pavement Repair (FY 21/22) 0.00 27,939.46 47832 Invoice 11/01/2021 On -Call Pavement Repair (FY 21/22) 0.00 7,829.38 000527 John L. Hunter & Associates, Inc. 11/03/2021 Regular 0.00 4,592.95 21770 SBlMS412107 Invoice 11/01/2021 NPDES & Water Conservation Services - Ju 0.00 4,592.95 000572 Kreuzer Consulting Group 11/03/2021 Regular 0.00 22,508.90 21771 21-103 Invoice 11/01/2021 O -ST -1 Annual Slurry Seal 0.00 22,508.90 001417 T.E. Roberts 11/03/2021 Regular 0.00 58,998.00 21772 417.0 Invoice 11/01/2021 On -Call Utility PSA - 12492 Rainer Cir (2) V 0.00 58,998.00 000023 Ahumada, Raul 11/05/2021 Regular 0.00 464.83 21773 W188464 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 464.83 001190 Anthony Febbriello 11/05/2021 Regular 0.00 240.37 21774 W18846-11 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 240.37 000174 Charles Feenstra 11/05/2021 Regular 0.00 78.53 21775 W18846-12 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 78.53 000180 Cheryl Heggstrom 11/05/2021 Regular 0.00 40.00 21776 W18846-23 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 40.00 000257 Dan Davis 11/05/2021 Regular 0.00 138.63 21777 W18846-8 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 138.63 000260 Daniel Dorsey 11/05/2021 Regular 0.00 491.00 21778 W18846-9 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 491.00 000277 Dean Zanone 11/05/2021 Regular 0.00 449.03 21779 W18846-63 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 449.03 12/2/2021 4:00:25 PM Page 3 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000289 Dennis Root 11/05/2021 Regular 0.00 619.50 21780 W18846-45 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 619.50 000389 Gary Buzzard 11/05/2021 Regular 0.00 168.56 21781 W18846-5 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 168.56 000391 Gary Krogman 11/05/2021 Regular 0.00 464.83 21782 W18846-26 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 464.83 000400 Ginger Bennington 11/05/2021 Regular 0.00 150.63 21783 W18846-2 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 150.63 000436 Helen Kling 11/05/2021 Regular 0.00 268.71 21784 W18846-25 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 268.71 000489 Jacqueline Guidry 11/05/2021 Regular 0.00 168.56 21785 W18846-19 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 168.56 000491 James F Groos 11/05/2021 Regular 0.00 72.00 21786 W18846-18 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 72.00 000506 Jeff Watson 11/05/2021 Regular 0.00 369.76 21787 W18846-61 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 369.76 000510 Jerry Ellison 11/05/2021 Regular 0.00 47.78 21788 W18846-10 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 47.78 000516 Jill Maiten 11/05/2021 Regular 0.00 211.99 21789 W18846-29 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 211.99 000521 Jo Ellen Perry 11/05/2021 Regular 0.00 443.43 21790 W18846-41 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 443.43 000542 Joseph Miller IV 11/05/2021 Regular 0.00 1,455.44 21791 W18846-33 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,455.44 000554 Karen Walton 11/05/2021 Regular 0.00 970.88 21792 W18846-60 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 970.88 000558 Kathleen McGlynn 11/05/2021 Regular 0.00 245.21 21793 W18846-32 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 245.21 000561 Kenneth Garrett 11/05/2021 Regular 0.00 713.01 21794 W18846-16 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 713.01 000564 Kevin Vilensky 11/05/2021 Regular 0.00 168.56 21795 W18846-58 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 168.56 000586 Lee Gardner 11/05/2021 Regular 0.00 206.97 21796 W18846-15 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 206.97 000587 Lee Whittenberg 11/05/2021 Regular 0.00 556.94 21797 W18846-62 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 556.94 000589 Leonard Frisbie 11/05/2021 Regular 0.00 99.00 21798 W18846-14 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 99.00 000594 Lindasu McDonald 11/05/2021 Regular 0.00 463.56 21799 W18846-31 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 463.56 000620 Marcia Gordon 11/05/2021 Regular 0.00 370.00 21800 W.]8846-17 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 370.00 000621 Marcie Palmitier 11/05/2021 Regular 0.00 206.97 21801 W18846-40 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 206.97 000630 Mark Risinger 11/05/2021 Regular 0.00 1,350.20 21802 12/2/20214:00:25 PM Page 4 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount W18846-44 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,350.20 001204 Michael Uggla 11/05/2021 Regular 0.00 181.48 21803 W18846-56 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 181.48 000655 Michele Hall 11/05/2021 Regular 0.00 643.29 21804 W1884621 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 643.29 000656 Michele Stearns 11/05/2021 Regular 0.00 149.99 21805 W18846-52 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 149.99 000678 Moulton, Kay 11/05/2021 Regular 0.00 178.36 21806 W18846-35 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 178.36 000680 Mullins, Robert 11/05/2021 Regular 0.00 1,151.93 21807 W18846-36 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,151.93 000704 Norberto Masangkay 11/05/2021 Regular 0.00 182.64 21808 W18846-30 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 182.64 000745 Pam Sides 11/05/2021 Regular 0.00 168.56 21809 W18846-49 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 168.56 000752 Patrick Sullivan 11/05/2021 Regular 0.00 550.70 21810 W18846-55 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 550.70 000803 Randy Frey 11/05/2021 Regular 0.00 607.78 21811 W18846-13 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 607.78 000804 Ransdell, Rick 11/05/2021 Regular 0.00 900.20 21812 W18846-43 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 900.20 000819 Rick Paap 11/05/2021 Regular 0.00 92.63 21813 W18846-39 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 92.63 000823 Robert Stanzione 11/05/2021 Regular 0.00 283.88 21814 W18846-51 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 283.88 000831 Ronald Lawson 11/05/2021 Regular 0.00 199.00 21815 W1884628 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 199.00 000850 Sam D'amico 11/05/2021 Regular 0.00 619.50 21816 W18846-7 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 619.50 000880 Serna, Paul 11/05/2021 Regular 0.00 464.76 21817 W18846-47 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 464.76 000915 Stacy Picascia 11/05/2021 Regular 0.00 238.25 21818 W1884642 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 238.25 000931 Stephanie Stinson 11/05/2021 Regular 0.00 21.78 21819 W18846-53 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 21.78 000932 Stephen Bowles 11/05/2021 Regular 0.00 464.76 21820 W18846-3 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 464.76 000933 Stephen Chauncey 11/05/2021 Regular 0.00 610.78 21821 W18846-6 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 610.78 000937 Steve Staley 11/05/2021 Regular 0.00 238.25 21822 W18846-50 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 238.25 000938 Steve Stockett 11/05/2021 Regular 0.00 359.53 21823 W18846-54 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 359.53 000998 Timothy Olson 11/05/2021 Regular 0.00 1,085.21 21824 12/2/2021 4:00:25 PM Page 5 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount W18846-38 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 1,085.21 001000 Tom Brayton 11/05/2021 Regular 0.00 206.97 21825 W18846-4 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 206.97 001040 Vicki Shirley 11/05/2021 Regular 0.00 115.78 21826 W18846-48 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 115.78 001230 William Moran 11/05/2021 Regular 0.00 470.02 21827 W18846-34 Invoice 11/03/2021 Retiree Medical Rerimbursememt- Nov 20 0.00 470.02 001073 California State Distribution Unit 11/09/2021 Regular 0.00 696.33 21828 INV0000018 Invoice 11/05/2021 Child Support 0.00 465.57 INV0000019 Invoice 11/05/2021 Child Support 0.00 230.76 000191 City Employees Associates 11/09/2021 Regular 0.00 73.84 21829 INV0000012 Invoice 11/05/2021 Union Dues 0.00 73.84 000714 OCEA 11/09/2021 Regular 0.00 245.50 21830 INV0000021 Invoice 11/05/2021 Union Dues 0.00 245.50 000859 SBMSMA 11/09/2021 Regular 0.00 34.62 21831 INV0000043 Invoice 11/05/2021 Union Dues 0.00 34.62 000862 SBSPA 11/09/2021 Regular 0.00 196.18 21832 INV0000011 Invoice 11/05/2021 Union Dues 0.00 196.18 000873 Seal Beach Police Management Association 11/09/2021 Regular 0.00 360.00 21833 INV0000041 Invoice 11/05/2021 Union Dues 0.00 360.00 000874 Seal Beach Police Officers Assoc 11/09/2021 Regular 0.00 1,500.00 21834 INV0000042 Invoice 11/05/2021 Union Dues 0.00 1,500.00 001023 US Bank 11/09/2021 Regular 0.00 3,379.42 21835 INV0000022 Invoice 11/05/2021 PARS Retirement 0.00 2,793.63 INV0000023 Invoice 11/05/2021 PARS Retirement 0.00 585.79 000021 AFLAC 11/10/2021 Regular 0.00 2,280.91 21836 684989 Invoice 11/10/2021 Services October 2021 0.00 2,280.91 000028 Akemi Hanna 11/10/2021 Regular 0.00 351.65 21837 138210 Invoice 11/10/2021 Instructor Pay 10-22 to 11-3-2021 0.00 351.65 000046 Americas Printer.com 11/10/2021 Regular 0.00 74.03 21838 1198360 Invoice 11/10/2021 Business Cards- B Curtis 0.00 28.37 1201056 Invoice 11/10/2021 Business Cards- A Smittle/E Camarena 0.00 45.66 000079 Backflow Apparatus & Valve Co. 11/10/2021 Regular 0.00 288.86 21839 127141 Invoice 11/10/2021 Febco 850 DC Device/ Midwest Test Tube 0.00 288.86 000117 Brenda Danielson 11/10/2021 Regular 0.00 10,183.61 21840 136658 Invoice 11/10/2021 Instructor Pay 10-15 to 10-26-2021 0.00 104.00 88 Invoice 11/10/2021 Services October 2021 0.00 10,079.61 000144 California Live Scan 11/10/2021 Regular 0.00 46.50 21841 Se e� 21-OD9 Invoice 11/10/2021 Services Sept 2021 0.00 46.50 001419 Chick-fil-A 11/10/2021 Regular 0.00 4,035.00 21842 W21380 Invoice 11/10/2021 Grading Cash Bond 0.00 4,035.00 000197 City Of Long Beach 11/10/2021 Regular 0.00 328.03 21843 125820 Invoice 11/10/2021 Services Nov 2021 0.00 328.03 000200 City of Seal Beach 11/10/2021 Regular 0.00 71,296.52 21844 10.2.5.2021 Invoice 11/10/2021 UBPKT00110 Cycle 9 dated 10-25-2021 0.00 67,352.57 10-25-2021 Invoice 11/10/2021 UNPKT00111 Cycle 10 dated 10-25-2021 0.00 3,943.95 12/2/2021 4:00:25 PM Page 6 of 24 Check Report Date Range: 11/01/2021-12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000211 CMY 11/10/2021 Regular 0.00 3,527.20 21845 Oct 2021 Invoice 11/10/2021 Services 10-4 to 11-01-2021 0.00 3,527.20 000236 County of Orange 11/10/2021 Regular 0.00 18,364.40 21846 043-114-03 Invoice 11/10/2021 FY 2021-22 Property Tax 0.00 1,982.88 043-122-37 Invoice 11/10/2021 FY 2021-22 Property Tax -357 12th St 0.00 423.02 043-171-04 Invoice 11/10/2021 FY 21/22 Property Tax- 15 1St Street 0.00 1,029.40 043-291-01 Invoice 11/10/2021 FY 2021-22 Property Tax -151 Marina Dr 0.00 1,153.16 086-492-16 Invoice 11/10/2021 FY 2021-22 Property Tax- 3333 St Cloud 0.00 625.92 095-010-61 Invoice 11/10/2021 FY 2021-22 Property Tax -1700 Adolfo Lop 0.00 343.00 095-010-62 Invoice 11/10/2021 FY 2021-22 Property Tax 0.00 2,581.96 199-033-02 Invoice 11/10/2021 FY 2021-22 Property Tax -715 Central 0.00 1,234.44 199-051-34 Invoice 11/10/2021 FY 2021-22 Property Tax- 247 7th St 0.00 562.52 199-052-28 Invoice 11/10/2021 FY 2021-22 Property Tax- 2018th St 0.00 1,870.66 199-052-29 Invoice 11/10/2021 FY 2021-22 Property Tax -2118th St 0.00 2,517.98 199-103-01 Invoice 11/10/2021 FY 21/22 Property Tax- 900 Seal Way 0.00 877.52 199-103-03 Invoice 11/10/2021 FY 21/22 Property Tax- 10 Main St 0.00 1,934.52 217-191-09 Invoice 11/10/2021 FY 2021-22 Property Tax -4197 Ironwood 0.00 343.00 217-361-03 Invoice 11/10/2021 FY 2021-22 Property Tax -3900 Lampson 0.00 884.42 000238 CPRS 11/10/2021 Regular 0.00 695.00 21847 002825 Invoice 11/10/2021 Agency Dues/ T Kelsey/ A Nguyen 0.00 695.00 001420 Dan Yadgir 11/10/2021 Regular 0.00 3,273.00 21848 W21381 Invoice 11/10/2021 Utilities Permit DPW04432 Reimb. Rec RO 0.00 3,273.00 000276 De Lage Landen Public Finance LLC 11/10/2021 Regular 0.00 9,22223.46 21849 73976314 Invoice 11/10/2021 Services 10-13 to 11-12-2021 0.00 4,611.73 74301026 Invoice 11/10/2021 Services 11-13 to 12-12-2021 0.00 4,611.73 000290 Department of Justice 11/10/2021 Regular 0.00 15.00 21850 538108 Invoice 11/10/2021 Services September 2021 0.00 15.00 000301 Dion and Sons Inc 11/10/2021 Regular 0.00 58.75 21851 AB03473 Invoice 11/10/2021 Diesel Fuel 0.00 58.75 000302 DIRECTV 11/10/2021 Regular 0.00 618.63 21852 045850295X2110 Invoice 11/10/2021 Services 10-27 to 11-26-2021 0.00 270.66 051798338X2110 Invoice 11/10/2021 Services 10-26 to 11-25-2021 0.00 160.99 057524152X2111 Invoice 11/10/2021 Services 11-1 to 11-30-2021 0.00 186.98 000310 DMV 11/10/2021 Regular 0.00 40.00 21853 CF 9282RU Invoice 11/10/2021 Registration 2016 Yamaha YAMA3808151 0.00 20.00 CF 9283RU Invoice 11/10/2021 Registration 2015 Yamaha YAMA38041516 0.00 20.00 000341 Elmore Motors A Corp 11/10/2021 Regular 0.00 133.52 21854 705276 Invoice 11/10/2021 Cylinder 0.00 133.52 000370 FedEX 11/10/2021 Regular 0.00 11.98 21855 7-526-86049 Invoice 11/10/2021 Shipping Charges 0.00 5.99 7-541.-971.27 Invoice 11/10/2021 Shippiong Charges 0.00 5.99 001308 Fourth Enterprises LLC 11/10/2021 Regular 0.00 314.32 21856 10244851 Invoice 11/10/2021 Services 11-1 to 11-30-2021 0.00 157.16 10257384 Invoice 11/10/2021 Services 12-1 to 12-31-2021 0.00 157.16 000382 Frontier Communications 11/10/2021 Regular 0.00 305.38 21857 562431.6879/11.• Invoice 11/10/2021 Services 10-25 to 11-24-2021 0.00 124.16 562598069/11- Invoice 11/10/2021 Services 10-25 to 11-24-2021 0.00 124.16 5625988560111 Invoice 11/10/2021 Services 10-28 to 11-27-2021 0.00 57.06 000410 Golden State Water Company 11/10/2021 Regular 0.00 190.10 21858 2.3113000006 Invoice 11/10/2021 Services 8-23 to 10-22-2021 0.00 190.10 12/2/2021 4:00:25 PM Page 7 of 24 Check Report Date Range: 11/01/2021-12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000416 Grainger 11/10/2021 Regular 0.00 123.72 21859 9093731041 Invoice 11/10/2021 Corrugated Pad/ Marking Paint 0.00 117.02 9093875129 Invoice 11/10/2021 Connecting Link 0.00 6.70 000424 GTT Communications, Inc. 11/10/2021 Regular 0.00 657.50 21860 INV5563438 Invoice 11/10/2021 Services Nov 2021 0.00 657.50 001368 HdL Coren & Cone 11/10/2021 Regular 0.00 1,695.97 21861 SIN012280 Invoice 11/10/2021 Contract Services Property Tax- Oct- Dec 2 0.00 1,695.97 000445 Holman Family Counseling Inc. 11/10/2021 Regular 0.00 109.89 21862 INV1028547 Invoice 11/10/2021 Services November 2021 0.00 109.89 000447 Home Depot Credit Services 11/10/2021 Regular 0.00 81.60 21863 6064043 Invoice 11/10/2021 Caulk/ Caulking Gun 0.00 23.53 WP16550706 Invoice 11/10/2021 Lawn & Leaf Bags 0.00 58.07 000574 L.N. Curtis & Sons 11/10/2021 Regular 0.00 560.35 21864 INV534605 Invoice 11/10/2021 Helmet Light/ Black Light Pouch/ Mount B 0.00 560.35 001225 Lytle Screen Printing Inc 11/10/2021 Regular 0.00 312.93 21865 76412 Invoice 11/10/2021 Polo Shirts 0.00 312.93 000617 Main Street Cyclery 11/10/2021 Regular 0.00 80.88 21866 3707 Invoice 11/10/2021 Brake Pad Replacement 0.00 80.88 000641 MCI Comm Services 11/10/2021 Regular 0.00 39.52 21867 7N4847.78/11-71 Invoice 11,/10,/2021 Sprvices Nov 2021 0.00 39.52 000648 Michael Clark 11/10/2021 Regular 0.00 770.25 21868 433070-01 Invoice 11/10/2021 Instructor Pay 10-15 to 10-26-2021 0.00 770.25 000649 Michael Diller 11/10/2021 Regular 0.00 400.00 21869 W20802 Invoice 11/10/2021 Wellness Program 0.00 400.00 001422 MP Construction 11/10/2021 Regular 0.00 220.00 21870 W21280 Invoice 11/10/2021 Building Plan Check Not Needed 0.00 220.00 001423 Mpower Communications Corp 11/10/2021 Regular 0.00 479.26 21871 W21317 Invoice 11/10/2021 Refund- Payment Sent to Wrong City 0.00 479.26 000700 Nicholas Nicholas 11/10/2021 Regular 0.00 1,020.30 21872 09.2.1.2021 Invoice 11/10/2021 Reimb. Costs for CIRCA Advance Conf 9-19 0.00 721.95 09.23.2.021 Invoice 11/10/2021 Reimb. Costs to Attend Ca Crime Preventi 0.00 188.87 W20718 Invoice 11/10/2021 Reimb Refreshments for Car Show/ Shooti 0.00 109.48 000705 Normed Inc. 11/10/2021 Regular 0.00 470.90 21873 68222-835161 Invoice 11/10/2021 CPR Face Masks/ Gloves 0.00 470.90 000719 Office Depot, Inc. 11/10/2021 Regular 0.00 733.38 21874 201072376001 Invoice 11/10/2021 Coffee/ Forks/ Paper Towels / Ajax 0.00 192.33 20408091.8001 Invoice 11/10/2021 Utility Hooks 0.00 36.91 204100599001 Invoice 11/10/2021 Staple Remover/ Sign Here Flags 0.00 5.00 204100620001 Invoice 11/10/2021 Duster 0.00 18.48 204100621001 Invoice 11/10/2021 Pencils 0.00 10.54 204885447001 Invoice 11/10/2021 Furniture Polish 0.00 6.60 204886407001 Invoice 11/10/2021 Plates/ Coffee/ Creamer/Tea 0.00 48.26 204886408001 Invoice 11/10/2021 Coffee 0.00 12.01 204894546001 Invoice 11/10/2021 Paper 0.00 403.25 000720 Office Solutions Business Products & Services LI 11/10/2021 Regular 0.00 102.86 21875 I-01927360 Invoice 11/10/2021 Wall Calendar 0.00 25.35 1-01930056 Invoice 11/10/2021 Coffee 0.00 47.32 1-01930872. Invoice 11/10/2021 Pocket File 0.00 30.19 12/2/2021 4:00:25 PM Page 8 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000757 PFM Asset Management LLC 11/10/2021 Regular 0.00 2,311.79 21876 SMA -M0921-263 Invoice 11/10/2021 Investment Advisory Services Sept 2021 0.00 2,311.79 001421 Reliable Landscape & Maintenance 11/10/2021 Regular 0.00 25.00 21877 W2.1318 Invoice 11/10/2021 Overpayment on Contractors License 0.00 25.00 000825 Robin Forte-Lincke 11/10/2021 Regular 0.00 1,453.50 21878 W21.392 Invoice 11/10/2021 TV Origination Services Payment # 9 0.00 1,453.50 000846 Safeshred Company, Inc. 11/10/2021 Regular 0.00 69.00 21879 3272.72 Invoice 11/10/2021 Services Sept 2021 0.00 54.00 327273 Invoice 11/10/2021 Services Sept 2021 0.00 15.00 000848 Sakaida Nursery Inc 11/10/2021 Regular 0.00 172.40 21880 23725 Invoice 11/10/2021 Acacia Baileyana Purpurea 0.00 172.40 000875 Seal Beach Sun Newspaper 11/10/2021 Regular 0.00 325.00 21881 00111570 Invoice 11/10/2021 CUP 21-5 0.00 325.00 000900 South Coast A. Q. M. D. 11/10/2021 Regular 0.00 582.74 21882 3890475 Invoice 11/10/2021 1 C E Em Elec - 1776 Adolfo Lopez 0.00 440.15 3891777 Invoice 11/10/2021 Flat Fee for Last FY Emissions -1776 Adolfo 0.00 142.59 000904 Southern Calif. Edison 11/10/2021 Regular 0.00 19,679.05 21883 ZODDD9027411/1 Invoice 11/10/2021 Services 10-4 to 11-01-2021 0.00 23.87 70001273947711 Invoice 11/10/2021 Services 10-4 to 11-01-2021 0.00 220.31 70006474491812 Invoice 11/10/2021 Services 10-5 to 11-2-2021 0.00 34.33 700067356541/1 invoice 11/10/2021 Services 9-29 to 10-28-2021 0.00 1,019.56 70012004896111 Invoice 11/10/2021 Services 9-14 to 10-13-2021 0.00 2,029.83 700130182532/1 Invoice 11/10/2021 Services 10-1 to 10-31-2021 0.00 15,464.54 700201844920/I Invoice 11/10/2021 Services 10-1 to 10-31-2021 0.00 82.66 700356744422/1. Invoice 11/10/2021 Services 10-1 to 10-31-2021 0.00 103.36 70036175Z$54/1 Invoice 11/10/2021 Services 10-1 to 10-31-2021 0.00 79.98 700397174224/1. Invoice 11/10/2021 Services 9-29 to 10-28-2021 0.00 95.10 7110446884094/1 Invoice 11/10/2021 Services 9-29 to 10-28-2021 0.00 25.14 7QQ572890569/1 Invoice 11/10/2021 Services 10-2 to 10-31-2021 0.00 42.94 700599157829/1 Invoice 11/10/2021 Services 10-4 to 11-01-2021 0.00 458.43 000917 Standard Insurance Co. Rb 11/10/2021 Regular 0.00 5.86 21884 6430520002/11 Invoice 11/10/2021 Services Nov 2021 0.00 5.86 000918 Standard Insurance Company 11/10/2021 Regular 0.00 7,296.47 21885 6430520001/11 Invoice 11/10/2021 Services Nov 2021 0.00 1,169.24 5430520003/11 Invoice 11/10/2021 Services Nov 2021 0.00 6,127.23 000936 Steve Myrter 11/10/2021 Regular 0.00 180.00 21886 W21054 Invoice 11/10/2021 Reimb. Board for Professional Engineers Li 0.00 180.00 001408 Tactical Medical Solutions LLC 11/10/2021 Regular 0.00 864.66 21887 INV123388 Invoice 11/10/2021 Downed Officer Kit 0.00 864.66 000996 Time Warner Cable LLC 11/10/2021 Regular 0.00 2,048.63 21888 00212911.02621 Invoice 11/10/2021 Services 10-26 to 11-25-2021 0.00 204.48 0021804110121 Invoice 11/10/2021 Services 11-1 to 11-30-2021 0.00 218.23 0212676102321 Invoice 11/10/2021 Services 10-23 to 11-22-2021 0.00 260.95 0342770102421 Invoice 11/10/2021 Services 10-24 to 11-23-2021 0.00 1,235.00 0383287102821 Invoice 11/10/2021 Services 10-28 to 11-27-2021 0.00 129.97 001009 Turtle & Hughes, Inc. 11/10/2021 Regular 0.00 85.44 21889 5153239-00 Invoice 11/10/2021 Conduit/ Cond Body/ Couplings/ Connect 0.00 85.44 001141 United Site Services of California Inc 11/10/2021 Regular 0.00 2,682.58 21890 114-12491830 Invoice 11/10/2021 Services 9-10 to 10-7-2021- 151 Marina D 0.00 472.47 114-1.2.493479 Invoice 11/10/2021 Services 9-24 to 10 -21 -21 -Edison Park 0.00 434.41 12/2/2021 4:00:25 PM i Page 9 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 114-12493482 Invoice 11/10/2021 Services 9-24 to 10-21-2021- Heather Par 0.00 434.41 114-12500092 Invoice 11/10/2021 Services 10-8 to 11-4-2021- 151 Marina D 0.00 472.47 114-12527620 Invoice 11/10/2021 Services 10-22 to 11-18-2021 Edison Park 0.00 434.41 114-12527622 Invoice 11/10/2021 Services 10-22 to 11-18-2021- Heather Pa 0.00 434.41 001030 V & V Manufacturing 11/10/2021 Regular 0.00 378.29 21891 53925 Invoice 11/10/2021 SBPD Badges 0.00 378.29 001425 West Coast Sand & Gravel Inc 11/10/2021 Regular 0.00 251.88 21892 424058 Invoice 11/10/2021 Base Rock 0.00 251.88 001056 West Marine Products Inc. West Marine Pro 11/10/2021 Regular 0.00 232.50 21893 006523 Invoice 11/10/2021 Sand Bags/ Spin Repellant 0.00 232.50 001057 West -lite Supply Co Inc 11/10/2021 Regular 0.00 134.84 21894 74568C-2 Invoice 11/10/2021 Frosted Lights 0.00 134.84 000037 ALS-Truesdail Laboratories, Inc. 11/10/2021 Regular 0.00 186.25 21895 522104435 Invoice 11/10/2021 Weekly Drinking Water Testing 10-18-202 0.00 186.25 000065 Aramark Uniform Services 11/10/2021 Regular 0.00 208.95 21896 589000236382 Invoice 11/10/2021 Scraper Mats 0.00 110.68 589000236383 Invoice 11/10/2021 Scraper Mat 0.00 98.27 000075 Axon Enterprise, Inc. 11/10/2021 Regular 0.00 104,745.90 21897 INUS001585 Invoice 11/10/2021 Year 2 of Axon Body worn camera project 0.00 104,745.90 000086 Bay Hardware 11/10/2021 Reeular 0.00 346.31 21898 053012 Invoice 11/10/2021 Antifall Furniture Strap/ Key Cutting/Key 0.00 19.50 357930 Invoice 11/10/2021 Ball Valve/ Galvanized Nipple/ 409/ Towel 0.00 132.13 357941 Invoice 11/10/2021 Screws/Nuts/ Bolts 0.00 31.84 357953 Invoice 11/10/2021 Cable Ties/ Black Cable Ties/ Cable Tie w/ 0.00 51.25 357967 Invoice 11/10/2021 Screws/ Nuts/ Bolts/ Anchors 0.00 63.40 358004 Invoice 11/10/2021 Key Cutting/ Stamping 0.00 7.00 358036 Invoice 11/10/2021 Mounting Tape/ Screws/ Nuts/ Bolts 0.00 24.58 358158 Invoice 11/10/2021 Cable Ties 0.00 16.61 000130 BSN SPORTS, INC. 11/10/2021 Regular 0.00 5,475.25 21899 913402374 Invoice 11/10/2021 basketball hoops and backboards 0.00 5,055.13 914360135 Invoice 11/10/2021 Fence Crown- Bright Yellow 250' 0.00 420.12 000183 Cho Design Associates Inc 11/10/2021 Regular 0.00 4,800.00 21900 2273 Invoice 11/10/2021 Engineering Consulting Services Ending 8- 0.00 4,800.00 000188 Cintas Corporation 11/10/2021 Regular 0.00 101.61 21901 4098971181 Invoice 11/10/2021 Uniform Services 10-18-2021 0.00 101.61 000199 City of Long Beach 11/10/2021 Regular 0.00 41,061.00 21902 10.01.2021 Invoice 11/10/2021 Long Beach Animal Care Services 7-1 to 9- 0.00 41,061.00 000204 Civicstone, Inc. 11/10/2021 Regular 0.00 10,780.00 21903 2021224 Invoice 11/10/2021 CDBG Leisure World Bathroom Access- Se 0.00 10,780.00 000220 Commercial Building Management Services, Inc 11/10/2021 Regular 0.00 154.00 21904 68500 Invoice 11/10/2021 Janitorial Services- October 2021 0.00 154.00 000222 Community Senior Serv. Inc 11/10/2021 Regular 0.00 5,000.00 21905 10.31.2021 Invoice 11/10/2021 Meals for Seniors at North Seal Beach- Oc 0.00 5,000.00 000226 Convergint Technologies LLC 11/10/2021 Regular 0.00 9,169.16 21906 601SL7403-2 Invoice 11/10/2021 Installation of Cameras at City Hall 0.00 3,390.80 601SL7404-2 Invoice 11/10/2021 Access Control Upgrade 0.00 4,224.50 W1123705B Invoice 11/10/2021 Service/Repair Camera at PD 0.00 1,553.86 000233 County of Orange 11/10/2021 Regular 0.00 1,273.33 21907 12/2/2021 4:00:25 PM Page 10 of 24 Check Report Vendor Number Payable # SH60454 000282 342037 000359 82181303 000381 2021-151 000409 OSC0000078 000447 5315414 6594558 000476 72471 72948 000527 SBIMS412108 000666 22442 000672 323.8 001231 10/31/2021 001077 02 000709 10.07.2021 10.12.21 10.18.2.1 10.20.21 10.25.21 10.26.21 10.28.2021 000719 201743441002 201744033001 000725 10132 10133 10134 10135 10164 10165 10167 10235 000800 1669877 001248 12/2/2021 4:00:25 PM Vendor Name 11/10/2021 Payable Type Post Date Invoice 11/10/2021 Delillo Chevrolet Invoice Invoice 11/10/2021 Eversoft Inc. 11/10/2021 Invoice 11/10/2021 Free - Lance Masonry Invoice 11/10/2021 Golden Rain Foundation Invoice 11/10/2021 Home Depot Credit Services Invoice 11/10/2021 Invoice 11/10/2021 Interwest Consulting Group 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 John L. Hunter & Associates, Inc. Invoice 11/10/2021 Miracle Recreation Equipment Co Invoice 11/10/2021 Monica Caruso 11/10/2021 Invoice 11/10/2021 MV Cheng & Associates 0.00 Invoice 11/10/2021 Noble E&C Inc 1,422.75 Invoice 11/10/2021 NU Kote 0.00 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Office Depot, Inc. Invoice 11/10/2021 Invoice 11/10/2021 On Point Exterminating Inc Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Rain For Rent 0.00 Invoice 11/10/2021 Sagecrest Planning and Environmental Payment Date Payment Type Payable Description OCATS circuit and support- October 2021 11/10/2021 Regular Oil Cooler Lines Unit for PD #4110 11/10/2021 Regular Services Sept 2021 11/10/2021 Regular College Park West /New Brick Column cau 11/10/2021 Regular CBDG/PLHA Leisure World Bathrm Access 11/10/2021 Regular Tool chest & Mobile workbench Tool chest & Mobile workbench 11/10/2021 Regular Staffing Assistance Services- August 2021 Staffing Assistance Services- Sept 2021 11/10/2021 Regular NPDES & Water Conservation Services Au 11/10/2021 Regular 8' players bench 11/10/2021 Regular Main Street Pressure Washing Services- 1 11/10/2021 Regular Temporary Accounting Services- October 11/10/2021 Regular BG2102 City Hall Exterior Stairway Rehab 11/10/2021 Regular CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHA Leisure World Bathroom Acc CBDG/PLHALeisure World Bathroom Acc- CBDG/PLHA Leisure World Bathroom Acc- CBDG/PLHA Leisure World Bathroom Acc 11/10/2021 Regular Jetflash USB 11/10/2021 Regular Services Oct 2021- Tennis Court Services Oct 2021- Police Station Services Oct 2021- City Hall Services Oct 2021- City Yard Services Oct 2021- Edison Park Services Oct 2021 Marina Center Services Oct 2021- Library Services Oct 2021- Edison Gardens 11/10/2021 Regular 4" Emergency Storm Water pump rentals 11/10/2021 Regular Date Range: 11/01/2021 - 12/02/2021 Discount Amount Payment Amount Number Discount Amount Payable Amount 0.00 1,273.33 0.00 16,335.00 21913 0.00 6,105.00 0.00 10,230.00 0.00 2,291.25 21914 0.00 2,291.25 0.00 1,943.56 21915 0.00 1,943.56 0.00 65.31 21908 0.00 75.00 65.31 65.00 0.00 0.00 207.21 21909 0.00 50.00 207.21 60.00 0.00 0.00 1,675.00 21910 0.00 1,422.75 1,675.00 12,870.00 21923 0.00 720.00 21911 0.00 720.00 0.00 0.00 2,822.07 21912 0.00 1,356.66 0.00 1,465.41 0.00 16,335.00 21913 0.00 6,105.00 0.00 10,230.00 0.00 2,291.25 21914 0.00 2,291.25 0.00 1,943.56 21915 0.00 1,943.56 0.00 0.00 625.00 21916 0.00 75.00 625.00 65.00 0.00 0.00 4,576.25 21917 0.00 50.00 4,576.25 60.00 0.00 0.00 63,352.49 21918 0.00 1,422.75 63,352.49 12,870.00 21923 0.00 15,130.00 21919 0.00 1,910.00 0.00 2,790.00 0.00 2,790.00 0.00 1,910.00 0.00 1,910.00 0.00 1,910.00 0.00 1,910.00 0.00 55.40 21920 0.00 38.01 0.00 17.39 0.00 635.00 21921 0.00 75.00 0.00 75.00 0.00 65.00 0.00 60.00 0.00 150.00 0.00 50.00 0.00 60.00 0.00 100.00 0.00 1,422.75 21922 0.00 1,422.75 0.00 12,870.00 21923 Page 11 of 24 Check Report Vendor Number Payable # 2871 001355 7598 000886 5610278737 5620037965 000898 4126-535799 4126-536054 4126-536500 4126-536505 4126-536715 001381 2035 001010 025-353007 025-354141 001067 5131484 5131834 5131917 001073 INV0000077 INV0000078 000191 INV0000071 000714 INV0000080 000859 INV0000100 000862 INV0000070 000873 INV0000098 000874 INV0000099 001023 INV0000083 INV0000082 001153 20178088 20178636 001081 INV -000051 000008 5157 000086 358230 12/2/2021 4:00:25 PM Vendor Name Date Range: 11/01/2021 - 12/02/2021 Payable Type Post Date Invoice 11/10/2021 SDI Presence, LLC Payable Amount Invoice 11/10/2021 Siemens Mobility Inc 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 SoCal Auto & Truck Parts Inc. Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 Team Design and Construction Inc Invoice 11/10/2021 Tyler Technologies Inc. Date Range: 11/01/2021 - 12/02/2021 Invoice 11/10/2021 Invoice 11/10/2021 Worthington Ford Payable Amount Invoice 11/10/2021 Invoice 11/10/2021 Invoice 11/10/2021 California State Distribution Unit Invoice 11/19/2021 Invoice 11/19/2021 City Employees Associates 0.00 Invoice 11/19/2021 OCEA 21925 Invoice 11/19/2021 SBMSMA 0.00 Invoice 11/19/2021 SBSPA 0.00 Invoice 11/19/2021 Seal Beach Police Management Association Invoice 11/19/2021 Seal Beach Police Officers Assoc Invoice 11/19/2021 US Bank Invoice 11/19/2021 Invoice 11/19/2021 Acco Engineered Systems Inc Invoice 11/23/2021 Invoice 11/23/2021 Angelic Zarco Invoice 11/23/2021 A -Quick Rooter & Plumbing Co. Invoice 11/23/2021 Bay Hardware Invoice 11/23/2021 Payment Date Payment Type Payable Description Temporary Planning Staff Services- Sept 2 11/10/2021 Regular BG1504 Project Management Services for 11/10/2021 Regular Traffic Signal Maintenance- Sept 2021 Traffic Signal Response Calls Out -Sept 202 11/10/2021 Regular Air Filters/ Cab Filters/ Oil Filters Fuel Filters/ Air Filters Brake Rotor Pad Wheel Cyclinders 11/10/2021 Regular Seal Beach Pier Consulting 11/10/2021 Regular One -Time Implementation Costs for Incod One -Time Implementation Costs for Incod 11/10/2021 Regular Stud/Nut/ Gasket Lamp Assembly Kit- Brake Lining 11/22/2021 Regular Child Support Child Support 11/22/2021 Regular Union Dues 11/22/2021 Regular Union Dues 11/22/2021 Regular Union Dues 11/22/2021 Regular Union Dues 11/22/2021 Regular Union Dues 11/22/2021 Regular Union Dues 11/22/2021 Regular PARS Retirement PARS Retirement 11/23/2021 Regular On -Call HVAC Maintenance & Repair Servi On -Call HVAC Maintenance & Repair Servi 11/23/2021 Regular Temporary Software implementation sery 11/23/2021 Regular Emergency plumbing issue at Tennis cent 11/23/2021 Regular Gorilla Tape 0.00 581.71 21929 0.00 330.00 0.00 137.80 0.00 113.91 0.00 696.33 21930 0.00 465.57 0.00 230.76 0.00 73.84 21931 0.00 73.84 0.00 245.50 21932 0.00 245.50 0.00 34.62 21933 0.00 34.62 Date Range: 11/01/2021 - 12/02/2021 Discount Amount 21934 Payment Amount Number Discount Amount Payable Amount 0.00 0.00 360.00 12,870.00 0.00 0.00 0.00 787.50 21924 0.00 1,500.00 787.50 0.00 0.00 0.00 4,631.56 21925 0.00 2,907.11 1,801.00 0.00 0.00 2,403.21 2,830.56 0.00 0.00 440.78 21926 0.00 44.90 0.00 20.18 0.00 239.29 0.00 116.65 0.00 19.76 0.00 10,000.00 21927 0.00 10,000.00 0.00 8,587.50 21928 0.00 7,642.50 0.00 945.00 0.00 581.71 21929 0.00 330.00 0.00 137.80 0.00 113.91 0.00 696.33 21930 0.00 465.57 0.00 230.76 0.00 73.84 21931 0.00 73.84 0.00 245.50 21932 0.00 245.50 0.00 34.62 21933 0.00 34.62 Page 12 of 24 0.00 196.18 21934 0.00 196.18 0.00 0.00 360.00 21935 0.00 0.00 360.00 21939 0.00 0.00 1,500.00 21936 0.00 0.00 1,500.00 21940 0.00 0.00 2,907.11 21937 0.00 0.00 2,403.21 21941 0.00 503.90 Page 12 of 24 0.00 2,088.58 21938 0.00 776.42 0.00 1,312.16 0.00 2,200.00 21939 0.00 2,200.00 0.00 1,200.00 21940 0.00 1,200.00 0.00 36.45 21941 0.00 11.95 Page 12 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 358320 Invoice 11/23/2021 Trailer Hitch Ball 0.00 16.61 358344 Invoice 11/23/2021 Screws/ Nuts/ Bolts/ Washers 0.00 3.87 358345 Invoice 11/23/2021 Screws/ Nuts/ Bolts/ Washers 0.00 2.18 358378 Invoice 11/23/2021 Screws/ Nuts/ Bolts 0.00 1.84 000142 California Forensic Phlebotomy Inc. 11/23/2021 Regular 0.00 698.34 21942 1770 Invoice 11/23/2021 Toxicology Blood Draws- October 2021 0.00 698.34 000205 CleanStreet Inc. 11/23/2021 Regular 0.00 260.00 21943 101511CS Invoice 11/23/2021 Street Sweeping Services- Additional Servi 0.00 18.75 101512CS Invoice 11/23/2021 Street Sweeping Services -Additional Servi 0.00 241.25 000219 Commercial Aquatic Services 11/23/2021 Regular 0.00 6,339.93 21944 121-4780 Invoice 11/23/2021 Contracted Pool Services -Services Aug 20 0.00 2,175.00 121-5002 Invoice 11/23/2021 Contracted Pool Services- Chemicals 9-9-2 0.00 444.85 121-5184 Invoice 11/23/2021 Contracted Pool Services -Chemicals 9-17- 0.00 299.83 121-5334 Invoice 11/23/2021 Contracted Pool Services- Chemicals 9-27- 0.00 345.45 121-5391 Invoice 11/23/2021 Contracted Pool Services- Services Sept 2 0.00 2,175.00 121-5470 Invoice 11/23/2021 Contracted Pool Services- Chemicals in Se 0.00 577.16 121-5625 Invoice 11/23/2021 Contracted Pool Services -Chemicals 10-8- 0.00 322.64 000220 Commercial Building Management Services, Inc 11/23/2021 Regular 0.00 14,277.00 21945 68498 Invoice 11/23/2021 Janitorial Services- Oct 2021 City Hall/ Yar 0.00 8,486.00 68499 Invoice 11/23/2021 Janitorial Services- Oct 2021 Lifeguard/ Pi 0.00 5,791.00 000235 County of Orange 11/23/2021 Regular 0.00 978.00 21946 SH60520 Invoice 11,/23,/2021 Blanket PO - Monthly AFIS Bill- Nov 2021 0,00 978,00 000232 County Of Orange 11/23/2021 Regular 0.00 1,377.90 21947 2099 Invoice 11/23/2021 Prosecution muni code violations -Jul Sept 0.00 1,377.90 000254 Cypress SB Car Spa Inc. 11/23/2021 Regular 0.00 631.00 21948 020 Invoice 11/23/2021 Blanket PO - Car washes- Oct 2021 0.00 631.00 000281 Del Amo Motorsports 11/23/2021 Regular 0.00 35.02 21949 21457431 Invoice 11/23/2021 Throttle Cable 0.00 35.02 000285 Delta Elevator 11/23/2021 Regular 0.00 230.72 21950 1021-560 Invoice 11/23/2021 Services Oct 2021 0.00 230.72 000307 Dixon Resources Unlimited 11/23/2021 Regular 0.00 3,750.00 21951 2972 Invoice 11/23/2021 Parking Management Support Services- N 0.00 3,750.00 000388 Garland/DBS Inc. 11/23/2021 Regular 0.00 73,616.11 21952 PP -1 Invoice 11/23/2021 City Yard Roofing 0.00 73,616.11 000390 Gary I. Kusunoki 11/23/2021 Regular 0.00 310.00 21953 1647 Invoice 11/23/2021 Parking citation hearing examiners- 11-3- 0.00 310.00 001403 Gillis+ Panichapan Architects Inc 11/23/2021 Regular 0.00 6,480.00 21954 1080911 Invoice 11/23/2021 Tennis Center Conceptual Planning 0.00 6,480.00 001197 Gold Coast K9/K9 Services LLC 11/23/2021 Regular 0.00 1,000.00 21955 SBPD-12 Invoice 11/23/2021 Maintenance Training - Oct 2021 0.00 1,000.00 000477 IPS Group Inc. 11/23/2021 Regular 0.00 788.46 21956 INV65363 Invoice 11/23/2021 Services Oct 2021 0.00 788.46 000575 LA County Sandbags 11/23/2021 Regular 0.00 1,618.75 21957 21-M10986 Invoice 11/23/2021 Filled sandbags 0.00 1,618.75 000672 Monica Caruso 11/23/2021 Regular 0.00 10,825.00 21958 3169 Invoice 11/23/2021 Main Street Pressure Washing Services -0 0.00 10,825.00 000674 Morrison Tire Inc. 11/23/2021 Regular 0.00 659.25 21959 287993 Invoice 11/23/2021 Tires 0.00 594.25 12/2/2021 4:00:25 PM Page 13 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 288173 Invoice 11/23/2021 Check Pressure 0.00 65.00 000719 Office Depot, Inc. 11/23/2021 Regular 0.00 568.95 21960 201743441004 Invoice 11/23/2021 Jetflash 0.00 7.60 206850767001 Invoice 11/23/2021 File Cabinet 0.00 505.11 208683677001 Invoice 11/23/2021 Water 0.00 56.24 001377 Orange County Overhead Door Inc 11/23/2021 Regular 0.00 2,850.00 21961 62749R Invoice 11/23/2021 Remove and haul door 0.00 2,850.00 000749 Passport Labs Inc. 11/23/2021 Regular 0.00 500.00 21962 INV -1025674 Invoice 11/23/2021 Digital Permits System for Beach Parking- 0.00 500.00 001360 Peter Joseph Bucknam 11/23/2021 Regular 0.00 948.00 21963 342-02..01 Invoice 11/23/2021 2022 Pavement Management Report 0.00 948.00 000761 PH PE Services 11/23/2021 Regular 0.00 230.00 21964 2021-122-1 Invoice 11/23/2021 Rebuild SCADA Server 0.00 230.00 000780 Pro -Line Industrial Products Inc 11/23/2021 Regular 0.00 998.38 21965 1000912 Invoice 11/23/2021 Enviro sorb 251b 0.00 998.38 001248 Sagecrest Planning and Environmental 11/23/2021 Regular 0.00 12,870.00 21966 2892 Invoice 11/23/2021 Temporary Planning Staff Services- Oct 20 0.00 12,870.00 000886 Siemens Mobility Inc 11/23/2021 Regular 0.00 1,801.00 21967 5610278519 Invoice 11/23/2021 Traffic Signal Maintenance- October 2021 0.00 1,801.00 000898 SoCaI Auto & Truck Parts Inc. 11/23/2021 Regular 0.00 489.17 21968 4126-537038 Invoice 11/23/2021 Reflector/ Chrome Plate 0.00 23.42 4126-537330 Invoice 11/23/2021 18 Volt Battery 0.00 140.72 4126-538321 Invoice 11/23/2021 Distributor Cap/ Distributor Rotor 0.00 23.78 4126-538488 Invoice 11/23/2021 Spark Plugs 0.00 9.74 4126-538520 Invoice 11/23/2021 Disc Brake Pad 0.00 69.11 4126-538615 Invoice 11/23/2021 Oil/ Cab Filters/ Air Filters 0.00 222.40 001356 Streetlight Restoration Specialists Inc 11/23/2021 Regular 0.00 2,600.00 21969 08262021-2 Invoice 11/23/2021 Pier Pole Restoration and Installation 0.00 2,600.00 000980 The Counseling Team International 11/23/2021 Regular 0.00 2,200.00 21970 80651 Invoice 11/23/2021 Employee Support Services- Oct 2021 0.00 2,200.00 000991 Thomson Reuters --West 11/23/2021 Regular 0.00 341.00 21971 845272323 Invoice 11/23/2021 Services October 2021 0.00 341.00 001010 Tyler Technologies Inc. 11/23/2021 Regular 0.00 1,350.00 21972 025-355589 Invoice 11/23/2021 One -Time Implementation Costs for Incod 0.00 1,350.00 001043 Victor Stanley, Inc. 11/23/2021 Regular 0.00 3,217.41 21973 5149230 Invoice 11/23/2021 Memorial Bench for Meisner & Eldridge 0.00 3,217.41 001067 Worthington Ford 11/23/2021 Regular 0.00 1,280.31 21974 5132431 Invoice 11/23/2021 Bracket 0.00 82.82 5132799 Invoice 11/23/2021 Wheel Assembly 0.00 798.98 5132854 Invoice 11/23/2021 Tube Assembly 0.00 179.93 5133076 Invoice 11/23/2021 Arm Assembly/ Bolts 0.00 218.58 001069 Yume Gardens LLC 11/23/2021 Regular 0.00 260.00 21975 31506 Invoice 11/23/2021 Pond Maintenance 0.00 260.00 000040 American Heritage Life 11/23/2021 Regular 0.00 13.00 21976 42471111-21 Invoice 11/23/2021 Services Nov 2021 0.00 13.00 000046 Americas Printer.com 11/23/2021 Regular 0.00 62.66 21977 1201476 Invoice 11/23/2021 Business Cards-Erika/Saul/ Anthony 0.00 62.66 12/2/2021 4:00:25 PM Page 14 of 24 Check Report Date Range: 11/01/2021 - 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000082 Banc of America Leasing 11/23/2021 Regular 0.00 132,360.00 21978 829396 Invoice 11/23/2021 2011 Sewer Revenue 0.00 132,360.00 001135 Bootbarn 11/23/2021 Regular 0.00 474.27 21979 INV00135697 Invoice 11/23/2021 Work Boots- TTobin 0.00 250.00 INV00135698 Invoice 11/23/2021 Work Boots- O Porter 0.00 224.27 000122 Briggeman Disposal 11/23/2021 Regular 0.00 250,926.20 21980 W21393 Invoice 11/23/2021 Refuse Services September 2021 0.00 138,844.83 W21394 Invoice 11/23/2021 Refuse Services October 2021 0.00 112,081.37 000128 Brownells, Inc. 11/23/2021 Regular 0.00 371.95 21981 21662682.00 Invoice 11/23/2021 Anti -fog Lense Cleaner/ Ear Plugs 0.00 371.95 000216 Colantuono, Highsmith & Whatley, PC 11/23/2021 Regular 0.00 224.84 21982 49711 Invoice 11/23/2021 Services Oct 2021 0.00 224.84 000229 CORODATA 11/23/2021 Regular 0.00 651.95 21983 RS4744148 Invoice 11/23/2021 Services Oct 2021 0.00 651.95 000233 County of Orange 11/23/2021 Regular 0.00 1,887.91 21984 PW220179 Invoice 11/23/2021 FY 2021-22 Water Quality Monitoring 0.00 1,887.91 001395 Crosstown Electrical & Data, Inc. 11/23/2021 Regular 0.00 12,275.64 21985 4488 -RET Invoice 11/23/2021 Retention ST2006 0.00 12,275.64 000250 CWEA 11/23/2021 Regular 0.00 192.00 21986 34887 Invoice 11/23/2021 Membership Dues - C Wekerle 0.00 192.00 000253 Cypress Engraving 11/23/2021 Regular 0.00 71.31 21987 72136 Invoice 11/23/2021 Perp Plate 0.00 21.75 72139 Invoice 11/23/2021 Aluminum Plate 0.00 49.56 000282 Delillo Chevrolet 11/23/2021 Regular 0.00 231.09 21988 342205 Invoice 11/23/2021 Moldings/ Applique 0.00 231.09 000290 Department of Justice 11/23/2021 Regular 0.00 96.00 21989 543660 Invoice 11/23/2021 Services Oct 2021 0.00 96.00 000353 Energy Tubulars Inc. 11/23/2021 Regular 0.00 5,483.40 21990 W21374 Invoice 11/23/2021 July- Sept 2021 Sales Tax Rebate 0.00 5,483.40 000369 FDS Holdings Inc 11/23/2021 Regular 0.00 100.00 21991 INV00055392 Invoice 11/23/2021 Monthly Rental October 2021 0.00 100.00 000370 FedEX 11/23/2021 Regular 0.00 5.99 21992 7-563-81400 Invoice 11/23/2021 Shipping Charges 0.00 5.99 000382 Frontier Communications 11/23/2021 Regular 0.00 3,710.30 21993 20946840/12 Invoice 11/23/2021 Services 11-10 to 12-9-2021 0.00 42.98 20918809212 Invoice 11/23/2021 Services 11-4 to 12-3-2021 0.00 1,675.87 2091885608112 Invoice 11/23/2021 Services 11-4 to 12-3-2021 0.00 996.64 2130334822/12 Invoice 11/23/2021 Services 11-4 to 12-3-2021 0.00 447.69 5621560(Q01112 Invoice 11/23/2021 Services 11-8 to 12-7-2021 0.00 57.33 56259& ,772 8112 Invoice 11/23/2021 Services 11-2 to 12-01-2021 0.00 81.38 5625984514/12- Invoice 11/23/2021 Services 11-10 to 12-9-2021 0.00 124.16 5625989624/12 Invoice 11/23/2021 Services 11-10 to 12-9-2021 0.00 230.89 7148911483/12• Invoice 11/23/2021 Services 11-7 to 12-6-2021 0.00 53.36 001140 Gary M. Rogers 11/23/2021 Regular 0.00 429.00 21994 138851 Invoice 11/23/2021 Instructor Pay 10-29 to 11-8-2021 0.00 429.00 000424 GTT Communications, Inc. 11/23/2021 Regular 0.00 743.80 21995 INV5563552 Invoice 11/23/2021 Services Nov 2021 0.00 743.80 000447 Home Depot Credit Services 11/23/2021 Regular 0.00 1,016.34 21996 12/2/2021 4:00:25 PM Page 15 of 24 Check Report Vendor Number Vendor Name 0.00 Payment Date Payment Type Payable # Payable Type Post Date Payable Description 8512405 Invoice 11/23/2021 Combo Lock with Keys H0647-188697 Invoice 11/23/2021 Extra Large Trash Bags 001399 Ironwood Unlimited Inc 0.00 11/23/2021 Regular 103118 Invoice 11/23/2021 Rhus Integrifolia 001221 Los Alamitos Animal Hospital 11/23/2021 Regular 210245 Invoice 11/23/2021 Canine Vaccines 001225 Lytle Screen Printing Inc 11/23/2021 Regular 74960 Invoice 11/23/2021 Polo Shirts 000645 Memorial Care 11/23/2021 Regular 800000035110.2 Invoice 11/23/2021 Services 9-22 to 10-14-2021 000646 Metropolitan Telecommnications 11/23/2021 Regular 0100518281-242- Invoice 11/23/2021 Services 11-8 to 12-7-2021 000650 Michael Ezroj 11/23/2021 Regular 10.27.2021 Invoice 11/23/2021 Reimb. Costs for Attending Southwest Par 000663 Mike Raahauge Shooting Enterprises 11/23/2021 Regular 1619 Invoice 11/23/2021 Pistol Range -September 1631 Invoice 11/23/2021 Pistol Range- October 2021 001430 Minh Vu 11/23/2021 Regular Oct21-010 Invoice 11/23/2021 Services Oct 2021 000699 Nicholas Bolin 11/23/2021 Regular 11.12,2021 Invoice 11/23/2021 Mileage Reimb for Rescue Boat Operation 000719 Office Depot, Inc. 11/23/2021 Regular 20226821.6001 Invoice 11/23/2021 Paper/ Cups 207248603001 Invoice 11/23/2021 Forks/ Coffee/ Tissue/ Lysol/ Spray 000720 Office Solutions Business Products & Services LI 11/23/2021 Regular 1-01931380 Invoice 11/23/2021 Desk Pad/ Plastic Knives/ Coffee/ Napkins 1101934450 Invoice 11/23/2021 Thermal Roll/ Decanters/ Bandages 000764 Pitney Bowes/Reserve Account 11/23/2021 Regular W2.0719 Invoice 11/23/2021 Replenish Postage Meter PD # 49257066 000809 Ready Refresh by Nestle 11/23/2021 Regular 01.16702767435 Invoice 11/23/2021 Services 9-15 to 10-14-2021 000875 Seal Beach Sun Newspaper 11/23/2021 Regular 00110092 Invoice 11/23/2021 Slurry Seal O -ST 00111571 Invoice 11/23/2021 CUP 21-4 000900 South Coast A. Q. M. D. 11/23/2021 Regular 3890525 Invoice 11/23/2021 ICE N -em Stat Nat Gas- 3333 Bolsa Chica 3891947 Invoice 11/23/2021 Flat Fee for Last FY 3333 Bolsa Chica Rd 000904 Southern Calif. Edison 11/23/2021 Regular 70002110785M Invoice 11/23/2021 Services 10-12 to 11-9-2021 70010604145411 Invoice 11/23/2021 Services 10-11 to 11-8-2021 70013309222911 Invoice 11/23/2021 Services 10-14 to 11-14-2021 700194580125/1 Invoice 11/23/2021 Services 10-13 to 11-11-2021 70029103520811 Invoice 11/23/2021 Services 10-13 to 11-11-2021 700348731.111.11 Invoice 11/23/2021 Services 10-13 to 11-11-2021 700467732226/1 Invoice 11/23/2021 Services 10-12 to 11-9-2021 70051390321611 Invoice 11/23/2021 Services 10-14 to 11-14-2021 70063405711611 Invoice 11/23/2021 Services 10-12 to 11-9-2021 000925 State Water Resources Control Board 11/23/2021 Regular 12/2/2021 4:00:25 PM Date Range: 11/01/2021 - 12/02/2021 Discount Amount Payment Amount Number DiscountAmount Payable Amount 0.00 21.18 0.00 995.16 0.00 527.44 21997 0.00 527.44 0.00 81.00 21998 0.00 81.00 0.00 490.26 21999 0.00 490.26 0.00 550.00 22000 0.00 550.00 0.00 1,666.63 22001 0.00 1,666.63 0.00 105.30 22002 0.00 105.30 0.00 286.00 22003 0.00 22.00 0.00 264.00 0.00 15.50 22004 0.00 15.50 0.00 190.40 22005 0.00 190.40 0.00 231.29 22006 0.00 162.27 0.00 69.02 0.00 275.93 22007 0.00 171.06 0.00 104.87 0.00 1,000.00 22008 0.00 1,000.00 0.00 69.94 22009 0.00 69.94 0.00 710.00 22010 0.00 375.00 0.00 335.00 0.00 1,719.11 22011 0.00 1,576.52 0.00 142.59 0.00 9,917.60 22012 0.00 175.52 0.00 1,709.51 0.00 19.54 0.00 2,644.86 0.00 1,300.00 0.00 3,159.56 0.00 845.77 0.00 17.76 0.00 45.08 0.00 169,780.16 22013 Page 16 of 24 Check Report Date Range: 11/01/2021-12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 11.22.202.1 Invoice 11/23/2021 Contract # 10838- Project # 5310-110 0.00 169,780.16 000970 TASC - Client Invoice 11/23/2021 Regular 0.00 426.08 22014 IN2182900 Invoice 11/23/2021 ACA Employer Reporting Nov 2021 0.00 276.08 IN2186436 Invoice 11/23/2021 Services Oct 2021 0.00 150.00 000980 The Counseling Team International 11/23/2021 Regular 0.00 598.00 22015 80720 Invoice 11/23/2021 Basic Peer Support Nov 14-17 2021 0.00 598.00 000996 Time Warner Cable LLC 11/23/2021 Regular 0.00 3,689.48 22016 0010765110421 Invoice 11/23/2021 Services 11-4 to 12-03-2021 0.00 244.33 0021812110621 Invoice 11/23/2021 Services 11-6 to 12-5-2021 0.00 115.09 0213294111021 Invoice 11/23/2021 Services 11-10 to 12-9-2021 0.00 629.99 0245858110521 Invoice 11/23/2021 Services 11-5 to 12-4-2021 0.00 1,329.13 0260410111021 Invoice 11/23/2021 Services 11-10 to 12-9-2021 0.00 125.95 0342770082421 Invoice 11/23/2021 Services 8-24 to 9-23-2021 0.00 1,244.99 000964 T -Mobile USA Inc. 11/23/2021 Regular 0.00 362.52 22017 967863726/10-2 Invoice 11/23/2021 Services Ending 10-21-2021 0.00 362.52 001009 Turtle & Hughes, Inc. 11/23/2021 Regular 0.00 102.46 22018 5183824-00 Invoice 11/23/2021 Coding Tape/ Insulated Wire/Wire Joint/ 0.00 102.46 001141 United Site Services of California Inc 11/23/2021 Regular 0.00 472.47 22019 114-1.2569339 Invoice 11/23/2021 Rental 11-5 to 12-2-2021 0.00 472.47 001037 Verizon Wireless 11/23/2021 Regular 0.00 2,972.21 22020 9891328436 Invoice 11/23/2021 Services 9-24 to 10-23-2021 0.00 2,972.21 001038 Vermont Systems Inc. 11/23/2021 Regular 0.00 300.00 22021 VS -000071 Invoice 11/23/2021 Phone/ Webinar Training RT Update Assis 0.00 300.00 000023 Ahumada, Raul 12/02/2021 Regular 0.00 464.83 22022 W188474 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 464.83 001190 Anthony Febbriello 12/02/2021 Regular 0.00 240.37 22023 W18847-11 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 240.37 000174 Charles Feenstra 12/02/2021 Regular 0.00 78.53 22024 W18847-12 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 78.53 000180 Cheryl Heggstrom 12/02/2021 Regular 0.00 40.00 22025 W18847-23 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 40.00 000260 Daniel Dorsey 12/02/2021 Regular 0.00 491.00 22026 W18847-9 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 491.00 000277 Dean Zanone 12/02/2021 Regular 0.00 328.00 22027 W1.8847-63 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 328.00 000289 Dennis Root 12/02/2021 Regular 0.00 619.50 22028 W18847-45 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 619.50 000389 Gary Buzzard 12/02/2021 Regular 0.00 168.56 22029 W18847-5 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 168.56 000391 Gary Krogman 12/02/2021 Regular 0.00 464.83 22030 W18847-26 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 464.83 000400 Ginger Bennington 12/02/2021 Regular 0.00 150.63 22031 W18847-2 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 150.63 000436 Helen Kling 12/02/2021 Regular 0.00 268.71 22032 W18847-25 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 268.71 000489 Jacqueline Guidry 12/02/2021 Regular 0.00 168.56 22033 12/2/2021 4:00:25 PM Page 17 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount W18847-19 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 168.56 000491 James F Groos 12/02/2021 Regular 0.00 72.00 22034 W18847-18 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 72.00 000506 JeffWatson 12/02/2021 Regular 0.00 369.76 22035 W1884761 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 369.76 000510 Jerry Ellison 12/02/2021 Regular 0.00 47.78 22036 W18847-10 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 47.78 000516 Jill Maiten 12/02/2021 Regular 0.00 211.99 22037 W18847-29 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 211.99 000521 Jo Ellen Perry 12/02/2021 Regular 0.00 443.43 22038 W18847-41 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 443.43 000542 Joseph Miller IV 12/02/2021 Regular 0.00 1,455.44 22039 W18847-33 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 1,455.44 000554 Karen Walton 12/02/2021 Regular 0.00 970.88 22040 W18847-60 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 970.88 000558 Kathleen McGlynn 12/02/2021 Regular 0.00 245.21 22041 W18847-32 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 245.21 000561 Kenneth Garrett 12/02/2021 Regular 0.00 713.01 22042 W18847-16 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 713.01 000564 Kevin Vilensky 12/02/2021 Regular 0.00 168.56 22043 W18847-58 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 168.56 000586 Lee Gardner 12/02/2021 Regular 0.00 206.97 22044 W18847-15 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 206.97 000587 Lee Whittenberg 12/02/2021 Regular 0.00 556.94 22045 W18847-62 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 556.94 000589 Leonard Frisbie 12/02/2021 Regular 0.00 99.00 22046 W18847-14 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 99.00 000594 Lindasu McDonald 12/02/2021 Regular 0.00 463.56 22047 W18847-31 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 463.56 000620 Marcia Gordon 12/02/2021 Regular 0.00 370.00 22048 W18847-17 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 370.00 000630 Mark Risinger 12/02/2021 Regular 0.00 1,350.20 22049 W18847-44 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 1,350.20 001204 Michael Uggla 12/02/2021 Regular 0.00 181.48 22050 W18847-56 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 181.48 000655 Michele Hall 12/02/2021 Regular 0.00 643.29 22051 W18847-21 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 643.29 000656 Michele Stearns 12/02/2021 Regular 0.00 149.99 22052 W18847-52 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 149.99 000678 Moulton, Kay 12/02/2021 Regular 0.00 178.36 22053 W18847-35 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 178.36 000680 Mullins, Robert 12/02/2021 Regular 0.00 1,151.93 22054 W18847-36 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 0.00 1,151.93 000704 Norberto Masangkay 12/02/2021 Regular 0.00 182.64 22055 12/2/2021 4:00:25 PM Page 18 of 24 Check Report Vendor Number Vendor Name Payment Date Payment Type Payable # Payable Type Post Date Payable Description W18847-30 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000745 Pam Sides 12/02/2021 Regular W18847-49 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000752 Patrick Sullivan 12/02/2021 Regular W18847-55 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000803 Randy Frey 12/02/2021 Regular W18847-13 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000804 Ransdell, Rick 12/02/2021 Regular W18847-43 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000819 Rick Paap 12/02/2021 Regular W18847-39 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000823 Robert Stanzione 12/02/2021 Regular W18847-51 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000831 Ronald Lawson 12/02/2021 Regular W18847-28 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000850 Sam D'amico 12/02/2021 Regular W18847-7 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000880 Serna, Paul 12/02/2021 Regular W18847-47 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000915 Stacy Picascia 12/02/2021 Regular W18847-42 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000931 Stephanie Stinson 12/02/2021 Regular W18847-53 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000932 Stephen Bowles 12/02/2021 Regular W18847-3 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000933 Stephen Chauncey 12/02/2021 Regular W18847-6 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000937 Steve Staley 12/02/2021 Regular W18847-50 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000938 Steve Stockett 12/02/2021 Regular W18847-54 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000998 Timothy Olson 12/02/2021 Regular W18847-38 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 001000 Tom Brayton 12/02/2021 Regular W18847-4 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 001040 Vicki Shirley 12/02/2021 Regular W18847-48 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 001230 William Moran 12/02/2021 Regular W18847-34 Invoice 12/01/2021 Retiree Medical Reimbursement Decemb 000460 ICMA 11/05/2021 Bank Draft INV0000007 Invoice 11/05/2021 Defer Comp Employee Contribution 000460 ICMA 11/05/2021 Bank Draft INV0000008 Invoice 11/05/2021 Defer Comp Employee Contribution 000460 ICMA 11/05/2021 Bank Draft 12/2/2021 4:00:25 PM Date Range: 11/01/2021 - 12/02/2021 DiscountAmount PaymentAmount Number Discount Amount Payable Amount 0.00 182.64 0.00 168.56 22056 0.00 168.56 0.00 550.70 22057 0.00 550.70 0.00 607.78 22058 0.00 607.78 0.00 900.20 22059 0.00 900.20 0.00 92.63 22060 0.00 92.63 0.00 283.88 22061 0.00 283.88 0.00 199.00 22062 0.00 199.00 0.00 619.50 22063 0.00 619.50 0.00 464.76 22064 0.00 464.76 0.00 238.25 22065 0.00 238.25 0.00 21.78 22066 0.00 21.78 0.00 464.76 22067 0.00 464.76 0.00 610.78 22068 0.00 610.78 0.00 238.25 22069 0.00 238.25 0.00 359.53 22070 0.00 359.53 0.00 1,085.21 22071 0.00 1,085.21 0.00 206.97 22072 0.00 206.97 0.00 115.78 22073 0.00 115.78 0.00 470.02 22074 0.00 470.02 0.00 19,000.76 DFT0000075 0.00 19,000.76 0.00 1,944.62 DFT0000076 0.00 1,944.62 0.00 3,477.31 DFT0000077 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000009 Invoice 11/05/2021 Defer Comp Employer Contribution 0.00 3,477.31 000460 ICMA 11/05/2021 Bank Draft 0.00 2,146.90 DFT0000078 INV0000010 Invoice 11/05/2021 Defer Comp Employer Contribution 0.00 2,146.90 000200 City of Seal Beach 11/05/2021 Bank Draft 0.00 476.92 DFT0000081 INV0000016 Invoice 11/05/2021 Section 125 Plan Payable 0.00 476.92 000200 City of Seal Beach 11/05/2021 Bank Draft 0.00 783.77 DFT0000082 INV0000017 Invoice 11/05/2021 Section 125 Plan Payable 0.00 783.77 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 8,411.64 DFT0000086 INV0000024 Invoice 11/05/2021 PERS Retirement 0.00 8,411.64 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 13,431.58 DFT0000087 INV0000025 Invoice 11/05/2021 PERS Retirement 0.00 13,431.58 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 5,692.31 DFT0000088 INV0000026 Invoice 11/05/2021 PERS Retirement 0.00 5,692.31 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 6,069.17 DFT0000089 INV0000027 Invoice 11/05/2021 PERS Retirement 0.00 6,069.17 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 511.55 DFT0000090 INV0000028 Invoice 11/05/2021 PERS Retirement 0.00 511.55 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 918.98 DFT0000091 INV0000029 Invoice 11/05/2021 PERS Retirement 0.00 918.98 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 6,564.33 DFT0000092 INV0000030 Invoice 11/05/2021 PERS Retirement 0.00 6,564.33 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 617.33 DFT0000093 INV0000031 Invoice 11/05/2021 PERS Retirement 0.00 617.33 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 627.65 DFT0000094 INV0000032 Invoice 11/05/2021 PERS Retirement 0.00 627.65 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 507.74 DFT0000095 INV0000033 Invoice 11/05/2021 PERS Retirement 0.00 507.74 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 39,177.97 DFT0000096 INV0000034 Invoice 11/05/2021 PERS Retirement 0.00 39,177.97 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 1,108.83 DFT0000097 INV0000035 Invoice 11/05/2021 PERS Retirement 0.00 1,108.83 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 15,098.78 DFT0000098 INV0000036 Invoice 11/05/2021 PERS Retirement 0.00 15,098.78 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 147.26 DFT0000099 INV0000037 Invoice 11/05/2021 PERS Retirement 0.00 147.26 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 6,474.18 DFT0000100 INV0000038 Invoice 11/05/2021 PERS Retirement 0.00 6,474.18 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 6,582.46 DFT0000101 INV0000039 Invoice 11/05/2021 PERS Retirement 0.00 6,582.46 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 374.90 DFT0000102 INV0000040 Invoice 11/05/2021 PERS Retirement 0.00 374.90 000787 Public Employees Retirement System 11/05/2021 Bank Draft 0.00 92.07 DFT0000106 INV0000044 Invoice 11/05/2021 PERS Retirement 0.00 92.07 000349 Employment Development Dept. 11/05/2021 Bank Draft 0.00 31,446.41 DFT0000107 12/2/2021 4:00:25 PM Page 20 of 24 Check Report Date Range: 11/01/2021 - 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000046 Invoice 11/05/2021 State Taxes 0.00 31,446.41 000470 Internal Revenue Service 11/05/2021 Bank Draft 0.00 98,135.97 DFT0000108 INV0000047 Invoice 11/05/2021 Federal Taxes 0.00 98,135.97 000149 CALPERS 11/10/2021 Bank Draft 0.00 118,485.09 DFT0000109 5401956184/11- Invoice 11/10/2021 Services November 2021 0.00 118,485.09 000349 Employment Development Dept. 11/10/2021 Bank Draft 0.00 3.20 DFT0000110 321 10 2021 Invoice 11/10/2021 Retro # 3217-16-2021-State Income Tax 0.00 3.20 000470 Internal Revenue Service 11/10/2021 Bank Draft 0.00 232.35 DFT0000111 321 10 2021 Invoice 11/10/2021 Retro # 3217-16-2021 Federal Income Ta 0.00 232.35 000146 California Public Employees Retirement Sys. 11/10/2021 Bank Draft 0.00 1,405.20 DFT0000112 321 10 2021 Invoice 11/10/2021 Retro # 3217-16-2021- PERS 0.00 1,405.20 000460 ICMA 11/10/2021 Bank Draft 0.00 12.77 DFT0000113 121. 102021 Invoice 11/10/2021 Retro Batch # 1217-30-21- 457 City Contr 0.00 12.77 000349 Employment Development Dept. 11/10/2021 Bank Draft 0.00 8.85 DFT0000114 121 102021 Invoice 11/10/2021 Retro Batch # 1217-30-21- State Income T 0.00 8.85 000470 Internal Revenue Service 11/10/2021 Bank Draft 0.00 483.10 DFT0000115 121 10 2021 Invoice 11/10/2021 Retro Batch # 1217-30-21- Federal Incom 0.00 483.10 000146 California Public Employees Retirement Sys. 11/10/2021 Bank Draft 0.00 3,263.94 DFT0000116 121 10 2021 Invoice 11/10/2021 Retro Batch # 1217-30-21- PERS 0.00 3,263.94 000460 ICMA 11/15/2021 Bank Draft 0.00 1.34 DFT0000118 INV0000048 Invoice 11/15/2021 Defer Comp Employer Contribution 0.00 1.34 000349 Employment Development Dept. 11/15/2021 Bank Draft 0.00 43.86 DFT0000129 INV0000050 Invoice 11/15/2021 State Taxes 0.00 43.86 000470 Internal Revenue Service 11/15/2021 Bank Draft 0.00 334.63 DFT0000130 INV0000051 Invoice 11/15/2021 Federal Taxes 0.00 334.63 000349 Employment Development Dept. 11/16/2021 Bank Draft 0.00 167.72 DFT0000135 INV0000052 Invoice 11/16/2021 State Taxes 0.00 167.72 000470 Internal Revenue Service 11/16/2021 Bank Draft 0.00 456.72 DFT0000136 INV0000053 Invoice 11/16/2021 Federal Taxes 0.00 456.72 000349 Employment Development Dept. 11/16/2021 Bank Draft 0.00 326.56 DFT0000144 INV0000056 Invoice 11/16/2021 State Taxes 0.00 326.56 000470 Internal Revenue Service 11/16/2021 Bank Draft 0.00 1,031.15 DFT0000145 INV0000057 Invoice 11/16/2021 Federal Taxes 0.00 1,031.15 000349 Employment Development Dept. 11/16/2021 Bank Draft 0.00 1,520.22 DFT0000157 INV0000061 Invoice 11/16/2021 State Taxes 0.00 1,520.22 000470 Internal Revenue Service 11/16/2021 Bank Draft 0.00 3,837.48 DFT0000158 INV0000062 Invoice 11/16/2021 Federal Taxes 0.00 3,837.48 000349 Employment Development Dept. 11/17/2021 Bank Draft 0.00 59.25 DFT0000162 INV0000063 Invoice 11/17/2021 State Taxes 0.00 59.25 000470 Internal Revenue Service 11/17/2021 Bank Draft 0.00 155.77 DFT0000163 INV0000064 Invoice 11/17/2021 Federal Taxes 0.00 155.77 000460 ICMA 11/19/2021 Bank Draft 0.00 19,000.76 DFT0000164 INV0000065 Invoice 11/19/2021 Defer Comp Employee Contribution 0.00 19,000.76 000460 ICMA 11/19/2021 Bank Draft 0.00 1,944.62 DFT0000165 12/2/2021 4:00:25 PM Page 21 of 24 Check Report Date Range: 11/01/2021- 12/02/2021 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000066 Invoice 11/19/2021 Defer Comp Employee Contribution 0.00 1,944.62 000460 ICMA 11/19/2021 Bank Draft 0.00 3,482.17 DFT0000166 INV0000067 Invoice 11/19/2021 Defer Comp Employer Contribution 0.00 3,482.17 000460 ICMA 11/19/2021 Bank Draft 0.00 1,570.00 DFT0000167 INV0000068 Invoice 11/19/2021 Defer Comp Employer Contribution 0.00 1,570.00 000200 City of Seal Beach 11/19/2021 Bank Draft 0.00 573.07 DFT0000169 INV0000075 Invoice 11/19/2021 Section 125 Plan Payable 0.00 573.07 000200 City of Seal Beach 11/19/2021 Bank Draft 0.00 864.54 DFT0000170 INV0000076 Invoice 11/19/2021 Section 125 Plan Payable 0.00 864.54 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 8,437.50 DFT0000171 INV0000083 Invoice 11/19/2021 PERS Retirement 0.00 8,437.50 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 13,474.43 DFT0000172 INV0000084 Invoice 11/19/2021 PERS Retirement 0.00 13,474.43 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 5,398.22 DFT0000173 INV0000085 Invoice 11/19/2021 PERS Retirement 0.00 5,398.22 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 5,755.61 DFT0000174 INV0000086 Invoice 11/19/2021 PERS Retirement 0.00 5,755.61 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 511.55 DFT0000175 INV0000087 Invoice 11/19/2021 PERS Retirement 0.00 511.55 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 783.98 DFT0000176 INV0000088 Invoice 11/19/2021 PERS Retirement 0.00 783.98 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 6,180.48 DFT0000177 INV0000089 Invoice 11/19/2021 PERS Retirement 0.00 6,180.48 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 514.20 DFT0000178 INV0000090 Invoice 11/19/2021 PERS Retirement 0.00 514.20 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 522.80 DFT0000179 INV0000091 Invoice 11/19/2021 PERS Retirement 0.00 522.80 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 507.74 DFT0000180 INV0000092 Invoice 11/19/2021 PERS Retirement 0.00 507.74 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 49,418.62 DFT0000181 INV0000093 Invoice 11/19/2021 PERS Retirement 0.00 49,418.62 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 18,258.67 DFT0000182 INV0000094 Invoice 11/19/2021 PERS Retirement 0.00 18,258.67 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 7,481.14 DFT0000183 INV0000095 Invoice 11/19/2021 PERS Retirement 0.00 7,481.14 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 7,606.27 DFT0000184 INV0000096 Invoice 11/19/2021 PERS Retirement 0.00 7,606.27 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 374.90 DFT0000185 INV0000097 Invoice 11/19/2021 PERS Retirement 0.00 374.90 000787 Public Employees Retirement System 11/19/2021 Bank Draft 0.00 92.07 DFT0000186 INV0000101. Invoice 11/19/2021 PERS Retirement 0.00 92.07 000349 Employment Development Dept. 11/19/2021 Bank Draft 0.00 30,449.87 DFT0000187 INV0000103 Invoice 11/19/2021 State Taxes 0.00 30,449.87 000470 Internal Revenue Service 11/19/2021 Bank Draft 0.00 94,786.39 DFT0000188 12/2/2021 4:00:25 PM Page 22 of 24 Check Report Vendor Number Payable # INV0000104 000349 221 10 2021 000470 221 10 2021 000787 221 10 2021 Vendor Name Payable Type Post Date Invoice 11/19/2021 Employment Development Dept. Invoice 11/30/2021 Internal Revenue Service Invoice 11/30/2021 Public Employees Retirement System Invoice 11/30/2021 Payment Date Payment Type Payable Description Federal Taxes 11/30/2021 Bank Draft PR Batch 22110 2021- State Income Tax 11/30/2021 Bank Draft PR Batch 22110 2021 -Federal Income Tax 11/30/2021 Bank Draft PR Batch 22110 2021- PERS Discount 0.00 0.00 0.00 0.00 0.00 0.00 Bank Code APBW General Summary Discount Amount Payment Amount Payable Payment Payment Type Count Count Regular Checks 464 306 Manual Checks 0 0 Voided Checks 0 1 Bank Drafts 72 72 E FT's 68 43 0.00 30,651.16 604 422 Discount 0.00 0.00 0.00 0.00 0.00 0.00 Payment 1,452,787.40 0.00 -118,485.09 726,037.47 151,638.79 2,211,978.57 12/2/2021 4:00:25 PM Page 23 of 24 Date Range: 11/01/2021-12/02/2021 Discount Amount Payment Amount Number Discount Amount Payable Amount 0.00 94,786.39 0.00 3,270.19 DFT0000195 0.00 3,270.19 0.00 12,475.93 DFT0000196 0.00 12,475.93 0.00 30,651.16 DFT0000197 0.00 30,651.16 Payment 1,452,787.40 0.00 -118,485.09 726,037.47 151,638.79 2,211,978.57 12/2/2021 4:00:25 PM Page 23 of 24 Check Report All Bank Codes Check Summary Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 11/2021 2,190,564.29 999 Pooled Cash Fund 12/2021 21,414.28 2,211,978.57 Date Range: 11/01/2021 - 12/02/2021 12/2/2021 4:00:25 PM Page 24 of 24 Payable Payment Payment Type Count Count Discount Payment Regular Checks 464 306 0.00 1,452,787.40 Manual Checks 0 0 0.00 0.00 Voided Checks 0 1 0.00 -118,485.09 Bank Drafts 72 72 0.00 726,037.47 EFT's 68 43 0.00 151,638.79 604 422 0.00 2,211,978.57 Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 11/2021 2,190,564.29 999 Pooled Cash Fund 12/2021 21,414.28 2,211,978.57 Date Range: 11/01/2021 - 12/02/2021 12/2/2021 4:00:25 PM Page 24 of 24 CITY OF SEAL BEACH Preliminary Investment Report 10/31/2021 Investments: LAIF City LAIF Successor Agency Securities Total Investments: Cash, Deposits, & Accrued Interest: Bank of the West General Account Bank of the West Successor Agency Less outstanding checks/ACH Farmers & Merchants Bank (Parking) Cash with Bank of New York Total Cash & Deposits: Total Investments, Cash, and Deposits: In compliance with the California Government Code Section 53646 and Resolution Number 6038; the City Treasurer of Seal Beach hereby certifies that sufficient investment liquidity and anticipated revenue are available to meet the City's budgeted expenditure requirements for the next six months. Investments in this report meet the requirements of the City of Seal Beach's adopted investment policy. Respectfully submitted, IL 0 PVTZW elly Telfor Director of i ance/City Treasurer Book Value Market Value 15,685, 693.06 15, 685, 693.06 28,742,795.69 28,954,319.09 44,428,488.75 44,640,012.15 2,409,561.30 535,134.32 (772,152.35) 2,562.80 125,304.08 2,300,601.35 46,729,290.10 NOTED AND APPROVED: CITY OF SEAL BEACH Preliminary Investments Detail Report 1013112021 Years to Source of Market Issuer Settlement Date Maturity Date Interest Rate Book Value Market Value Maturity Valuation LAIF CITY: NIA NIA 0.203% 15,685,693.06 15,685,693.06 NIA LAIF Statement Total LAIF. 15,685,693.06 15,685,693.06 US Treasury Notes 08/31/17 07/31/22 2.000% 556,810.55 557,820.34 0.75 Bank of New York US Treasury Notes 10/06/17 09/30/22 1.750% 406,508.59 416,021.88 0.92 Bank of New York US Treasury Notes 06/06/18 09/30/22 1.750% 623,466.80 659,546.87 0.92 Bank of New York US Treasury NIB Notes 05/04/18 10/31/22 2.000% 64,764.92 68,235.31 1.00 Bank of New York US Treasury Notes 07/05/18 02/28/23 1.500% 118,261.72 126,992.19 1.33 Bank of New York US Treasury Notes 02/12/19 03/31/23 1.500% 197,448.63 208,395.31 1.41 Bank of New York US Treasury Notes 03/15/19 06/30/23 1.375% 316,258.59 335,362.50 1.66 Bank of New York US Treasury Notes 02/12/19 07/31/23 1.250% 199,491.80 213,018.75 1.75 Bank of New York US Treasury Notes 03/08/19 11/15/23 2.750% 580,817.38 601,054.69 2.04 Bank of New York US Treasury Notes 01/09/19 11/30/23 2.125% 712,029.30 748,902.38 2.08 Bank of New York US Treasury NIB 01131/19 12/31/23 2.625% 125,371.09 130,527.35 2.17 Bank of New York US Treasury Notes 08/12/21 02/29/24 2.375% 287,044.57 284,175.94 2.33 Bank of New York US Treasury NIB 06105119 04/30/24 2.000% 964,350.00 992,100.00 2.50 Bank of New York US Treasury Notes 07103119 06/30/24 2.000% 191,959.38 196,590.63 2.67 Bank of New York US Treasury NIB 09/05119 08/31/24 1.875% 718,238.28 722,531.25 2.84 Bank of New York US Treasury NIB 10/01119 09/30/24 2.125% 123,585.94 124,762.50 2.92 Bank of New York US Treasury NIB 10/03119 09/30/24 2.125% 371,770.31 375,862.50 2.92 Bank of New York US Treasury NIB 11/05119 10131/24 2.250% 306,949.22 312,234.36 3.00 Bank of New York US Treasury NIB 12/04/19 11/30/24 2.125% 683,766.41 697,323.40 3.08 Bank of New York US Treasury NIB 03/04/20 02/15/25 2.000% 158,314.45 155,625.00 3.30 Bank of New York US Treasury Notes 08/06/21 08/31/25 0.250% 751,539.06 738,387.50 3.84 Bank of New York US Treasury Notes 09/09/21 09/30/25 0.250% 540,761.72 533,843.75 3.92 Bank of New York US Treasury NIB 01/12/21 12/31/25 0.375% 425,790.23 421,474.20 4.17 Bank of New York US Treasury Notes 01/12/21 12/31/25 0.375% 139,146.88 135,975.00 4.17 Bank of New York US Treasury Notes 04/07/21 12/31/25 0.375% 322,175.39 320,512.50 4.17 Bank of New York US Treasury Notes 05/07/21 12/31/25 0.375% 344,367.19 339,937.50 4.17 Bank of New York US Treasury Notes 02/26/21 01/31/26 0.375% 146,894.53 145,476.57 425 Bank of New York US Treasury Notes 07/07/21 01/31/26 0.375% 274,618.75 271,556.26 4.25 Bank of New York US Treasury Notes 02/05/21 01/31/26 2.625% 409,370.31 393,703.13 4.25 Bank of New York US Treasury Notes 03/08/21 02/28/26 0.500% 532,870.31 526,078.15 4.33 Bank of New York US Treasury NIB Notes 06/04/21 05/31/26 0.750% 698,468.75 687,531.25 4.58 Bank of New York Intl Bk Recon & Develop Corp 11/24/20 11/24/23 0.250% 214,537.75 213,841.80 2.07 Bank of New York Inter -American Devel BK Notes 09/23/21 09/23/24 0.500% 429,681.80 427,008.49 2.90 Bank of New York CA ST TXBL Go Bonds 10/24/19 10/01/23 2.400% 275,402.70 280,222.20 1.92 Bank of New York MS ST TXBL Go Bonds 08/06/20 11/01/24 0.565% 250,000.00 247,090.00 3.01 Bank of New York OR ST Dept Trans TXBL Rev Bonds 09/17/20 11/15/24 0.566% 195,000.00 193,268.40 3.04 Bank of New York UNIV OF CAL TXBL REV Bonds 07/16/20 05/15/25 0.883% 100,362.00 99,5446-00 3.54 Bank of New York FL ST Board of Admin TXBL Rev Bonc 09/16/20 07/01/25 1.258% 60,424.20 60,046.80 3.67 Bank of New York FL ST Board of Admin TXBL Rev Bonc 09/16/20 07/01/25 1.258% 155,000.00 155,120.90 3.67 Bank of New York Los Angeles CCD, CA TABL Go Bond: 11/10/20 08/01/25 0.773% 110,000.00 109,095.80 3.75 Bank of New York NJ Turnpike Authority Txble Rev Bond: 02/04/21 01101/26 1.047% 60,000.00 59,069.40 4.17 Bank of New York FHMS K043 A2 03/25/20 12/01/24 3.062% 162,677.34 164,035.84 3.09 Bank of New York Fannie Mae Notes 06/29/17 04/05/22 1.875% 489,926.50 493,652.95 0.43 Bank of New York Freddie Mac Notes (CALLABLE) 08106/20 02/06/23 0.300% 374,310.00 380,286.38 1.27 Bank of New York Fannie Mae Notes 05/22/20 05/22/23 0250% 433,690.65 434,168.72 1.56 Bank of New York Freddie Mac Notes 01/09119 06119/23 2.750% 755,265.00 778,499.25 1.63 Bank of New York Freddie Mac Notes 06126/20 06/26/23 0.250% 244,284.60 244,342.42 1.65 Bank of New York Issuer Fannie Mae Notes Freddie Mac Notes Fannie Mae Notes Federal Farm Credit Bank (Callable) Freddie Mac Notes Federal Home Loan Banks Notes Federal Home Loan Bank Notes Fannie Mae Notes Fannie Mae Notes Fannie Mae Notes Fannie Mae Notes Freddie Mac Notes Fannie Mae Notes Fannie Mae Notes Freddie Mac Notes Freddie Mac Notes Freddie Mac Notes Citigroup Inc Corp American Express Credit Corp BB&T CORP National Rural Util Coop Corp JPMorgan Chase&Co Corp Notes Adobe Inc Corp Note Caterpillar Fin Services Corp Home Depot Inc Corp American honda Finance Apple Inc Corporate Notes Toyota Motor Credit Corp PFIZER Inc Morgan Stanley Corp Notes Morgan Stanley Corp Notes Amazon.com Inc Bank of America Corp Novartis Capital Corp Mastercard Inc Corporate Notes Bank of NY Mellon Corp PepsiCo Incmcorp Notes Citigroup Inc Corp Citigroup Inc Corp Goldman Sachs Group Corp JPMorgan Chase&Co Corp Notes Bristol-Myers Squibb Cc Corp Sumitomo Mitsui Bank NY Nordea Bank ABP New York Cert Dep( Skandinaviska Enskilda Banken DNB Bank ASA/NY LTT CD Credit Suisse New York Cert Depos Total Securities CITY OF SEAL BEACH Preliminary Investments Detail Report 10/3112021 Total Investments: 44,428,488.75 44,640,012.15 Years to Source of Market Settlement Date Maturity Date Interest Rate Book Value Market Value Maturity Valuation 07/10/20 07/10/23 0.250% 553,806.75 553,288.94 1.69 Bank of New York 08/21/20 08/24/23 0250% 259,734.80 259,000.30 1.81 Bank of New York 12/06/18 09112/23 2.875% 688,606.20 720,584.94 1.87 Bank of New York 10/09/20 09/21/23 0.250% 259,558.00 258,737.44 1.89 Bank of New York 12/04/20 12/04/23 0.250% 234,767.35 233,569.56 2.09 Bank of New York 01/31/19 12/08/23 3.375% 360,315.86 370,694.45 2.10 Bank of New York 04/16/20 04/14/25 0.500% 278,611.20 276,354.96 3.45 Bank of New York 06/05/20 04/22/25 0.625% 366,868.80 361,776.69 3.48 Bank of New York 04/24/20 04/22/25 0.625% 379,217.20 376,644.22 3.48 Bank of New York 10/05/20 06/17/25 0.500% 301,407.00 295,476.00 3.63 Bank of New York 06/19/20 06/17/25 0.500% 434,099.55 428,440.20 3.63 Bank of New York 07/23/20 07/21/25 0.375% 263,680.30 259,191.20 3.72 Bank of New York 08/27/20 08/25/25 0.375% 278,689.60 273,502.88 3.82 Bank of New York 10/22/20 08/25/25 0.375% 601,726.95 590,961.58 3.82 Bank of New York 09/25/20 09/23/25 0.375% 403,780.95 395,719.43 3.90 Bank of New York 11/12/20 11/07/25 0.500% 259,069.20 254,530.38 4.02 Bank of New York 11/24/20 11/07/25 0.500% 319,878.40 313,268.16 4.02 Bank of New York 11/22/17 12/08/21 2.900% 115,785.45 115,047.96 0.10 Bank of New York 04/05/18 03/03/22 2.700% 195,958.00 201,187.40 0.34 Bank of New York 04/05/18 04101/22 2.750% 132,493.05 136,012.37 0.42 Bank of New York 04/05/18 04/25/22 2.400% 243,162.50 252,048.75 0.48 Bank of New York 04/05/18 09/23/22 3.250% 264,189.10 271,952.54 0.90 Bank of New York 02/03/20 02/01/23 1.700% 99,863.00 101,508.70 1.25 Bank of New York 04/05/18 03/01/23 2.625% 243,572.50 257,114.50 1.33 Bank of New York 04/05/18 04/01/23 2.700% 245,250.00 256,731.75 1.42 Bank of New York 01/10/20 05/10/23 1.950% 199,926.00 204,053.60 1.52 Bank of New York 05/11/20 05/11/23 0.750% 164,551.20 165,620.24 1.53 Bank of New York 01/31/19 01/08/24 3.350% 166,277.10 173,959.17 2.19 Bank of New York 04104/19 03/15/24 2.950% 202,420.00 209,789.20 2.37 Bank of New York 04/22/21 04/05/24 0.731% 35,000.00 34,970.74 2.43 Bank of New York 04/22/21 04/05/24 0.731% 110,138.60 109,908.04 2.43 Bank of New York 05/12/21 05/12/24 0.450% 164,759.10 163,597.01 2.53 Bank of New York 10/21/20 10/24/24 0.810% 215,000.00 214,715.13 2.98 Bank of New York 05/11/20 02/14/25 1.750% 280,381.50 275,239.62 3.29 Bank of New York 05/06/20 03/03/25 2.000% 219,095.10 216,108.48 3.34 Bank of New York 03/08/21 04/24/25 1.600% 364,677.30 350,103.84 3.48 Bank of New York 03/08/21 04/30/25 2.750% 219,661.60 215,644.42 3.50 Bank of New York 05/04/21 05/01/25 0.981% 70,000.00 69,562.85 3.50 Bank of New York 05/04/21 05/01/25 0.981% 75,198.75 74,531.63 3.50 Bank of New York 02/17/21 05/22/25 3.750% 217,850.10 209,288.63 3.56 Bank of New York 08/10121 08/09/25 0.768% 90,000.00 88,699.68 3.78 Bank of New York 09/30120 08/15/25 3.875% 99,994.04 98,921.32 3.79 Bank of New York 07/14120 07/08/22 0.700% 220,000.00 220,653.62 0.68 Bank of New York 08/29/19 08/26/22 1.850% 395,000.00 400,069.83 0.82 Bank of New York 09/03/19 08/26/22 1.860% 420,000.00 425,425.14 0.82 Bank of New York 12/06/19 12/02/22 2.040% 205,000.00 208,757.45 1.09 Bank of New York 03/23/21 03/17/23 0.590% 220,000.00 220,499.84 1.38 Bank of New York 28,742,795.69 28,954,319.09 Total Investments: 44,428,488.75 44,640,012.15 U\���F SERC 6F9�ys AGENDA STAFF REPORT ''c:4CIFOR�I�P- DATE: December 13, 2021 TO: Honorable Mayor and City Council FROM: Craig A. Steele, City Attorney SUBJECT: Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) SUMMARY OF REQUEST: That the City Council review the continuing need to conduct the City's public meetings virtually and determine that in-person meetings would present imminent risks to public health and safety. BACKGROUND AND ANALYSIS: The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. Remote meetings under relaxed Brown Act rules were permitted by Governor Newsom's executive Order N-29-20, which expired on September 30, 2021. In its place, the Legislature passed AB 361, which became effective October 1, 2021. AB 361 continues to permit remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. New Government Code Section 54953(e) requires that the Board review these requirements every 30 days, to determine whether in person meetings of the City Council would present imminent risks to the health and safety of attendees. If the City Council continues to meet remotely, AB 361 requires that the public have real time opportunities to participate. The City Council previously determined to continue meeting remotely on November 8, 2021. State, County and City -declared states of emergency due to the COVID-19 pandemic remain in effect. While California and Orange County residents have worked hard to reduce the spread of the virus, hospitalizations and deaths, transmission remains at substantial levels in the community. Authorities, including Cal OSHA, recommend that businesses and entities continue to practice social distancing indoors as well as other measures to guard against the virus. Under the current circumstances, the City Council would be justified in determining that City bodies should continue to meet remotely under the rules set forth in Government Code Section 54953(e). Staff will provide the required real time public participation measures. As required by law, the City Council will review this matter every 30 days, as meeting schedules permit. Agenda Item E 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. RECOMMENDATION: The City Manager and City Attorney recommend that the City Council determine that the City Council will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically. SUBMITTED BY: Craig A. Steele Craig A. Steele, City Attorney Page 2 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Kelly Telford, CPA, Finance Director/Treasurer SUBJECT: Ratification of Sub -Recipient Agreement Between the County of Orange and the City of Seal Beach for Meal Gap Services SUMMARY OF REQUEST: That the City Council approve Resolution 7219: 1. Ratifying a Sub -Recipient Agreement between the County of Orange and the City of Seal Beach for American Rescue Plan Act of 2021 (ARPA) funds to provide meal gap services in Seal Beach; and, 2. Approving Budget Amendment BA 22-06-01. BACKGROUND AND ANALYSIS: During their April 27, 2021 meeting, the Orange County Board of Supervisors allocated $10 million in ARPA funds equally between the five supervisorial districts for meal gap support initiatives in response to the COVID-19 pandemic. Of this amount, the City of Seal Beach has been awarded $70,000 and is required to be used before December 31, 2021. Due to the need to quickly execute the Sub -Recipient Agreement, City Manager Ingram signed the Agreement on November 15, 2021 under her authority as a result of the related COVID-19 local emergency declaration. The attached resolution provides formal ratification of the Agreement. The agreement provides for the County to disburse the funds to the City no later than ten days following execution of the agreement. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Agenda Item F LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: Ratification of the Agreement will confirm the City's intent to provide meal gap services using APRA funding totaling $70,000. To facilitate this, a budget amendment is necessary to appropriate the funds as follows: Revised/ Adopted Proposed Budget Description Account Budget Budget Amendment Other Agency Revenue 219-300-0033-42300 $ _ $ 70,000 $ 70,000 Special Departmental 219-300-0033-52200 $ - $ 70,000 $ 70,000 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 approve Resolution 7219: 1. Ratifying a Sub -Recipient Agreement between the County of Orange and the City of Seal Beach for American Rescue Plan Act of 2021 (ARPA) funds to provide meal gap services in Seal Beach; and, 2. Approving Budget Amendment BA 22-06-01. Page 2 SUBMITTED BY: Kelly Telford Kelly Telford, CPA, Finance Director/Treasurer ATTACHMENTS: NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager A. Resolution 7219 B. Agreement No. MA -012-22010638 for Meal Gap Services Page 3 RESOLUTION 7219 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE CITY MANAGER'S EXECUTION OF A SUB -RECIPIENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS TO PROVIDE MEALGAP SERVICES IN SEAL BEACH, AND APPROVING BUDGET AMENDMENT 22-06-01 WHEREAS, Seal Beach Municipal Code Section 3.25.020 empowers the City Manager as the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely affected by a public calamity and the City Council is not in session, and WHEREAS, on March 4, 2020 Governor Gavin Newsom declared a State of Emergency in the State of California due to the spread of the COVID-19 virus and ordered local governments, businesses and residents to prepare for the fight against the virus; and WHEREAS, on March 13, 2020 the City Manager/Emergency Services Director of the City of Seal Beach proclaimed a local emergency to help the City and the region prepare for and respond to the public health crisis created by the spread of the COVID- 19 virus, which Proclamation was later ratified and confirmed by the City Council; and WHEREAS, on March 13, 2020, the President of the United States also declared a national emergency, joining the State of California and the County of Orange in making resources available to fight the spread of the virus and imposing or suggesting certain restrictions; and WHEREAS, the City of Seal Beach has expended a significant amount of City funds in the fight against the COVID-19 virus and in helping residents, businesses and City staff cope with the emergency; and WHEREAS, as required by applicable law, the City has been accounting for all such expenditures to track the amount of City resources that have been expended and continue to be expended; and WHEREAS, through ARPA, Orange County has proposed to allocate $70,000 to the City of Seal Beach for mealgap support initiatives during the pandemic; and WHEREAS, all of the funds allocated to the City must be spent no later than December 31, 2021; and WHEREAS, due to short application deadlines set by the County, the City Manager executed the sub -recipient agreement on behalf of the City of Seal Beach. NOW, THEREFORE, the Seal Beach City Council does hereby resolve and proclaim as follows: 1. The City Manager's execution of the sub -recipient agreement with the County of Orange on November 15, 2021 for receipt of ARPA funds to be used for mealgap services is hereby ratified and approved. 2. The City Manager is hereby authorized to take such further steps and execute any additional documents she deems necessary to facilitate the City's receipt of the mealgap services funding and the expenditure of such funds prior to the December 31, 2021 deadline. 3. Budget Amendment 22-06-01 is hereby approved. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the December 13, 2021 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: Craig A. Steele, City Attorney 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 7219 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a special meeting held on the 13th day of December, 2021. Gloria D. Harper, City Clerk DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C O � or 0�9p v � n'9La�o,a�h4' AGREEMENT NO. MA -012-22010638 BY AND BETWEEN COUNTY OF ORANGE AND CITY OF SEAL BEACH FOR MEAL GAP SERVICES This Agreement for Meal Gap Services No. MA -012-22010638 ("Agreement") is made and entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "County", and the City of Seal Beach, a municipal corporation, hereafter referred to as "Subrecipient," with the County and Subrecipient referred to individually as "Party," or collectively as "Parties." WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named "COVID-19") in Orange County (the "COVID- 19 Emergency"); and WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County's Health Officer; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS, the COVID-19 pandemic and the necessary physical distancing measures implemented have impacted many people, especially those with food insecurities; and WHEREAS, the Orange County Board of Supervisors has allocated $10 million in American Rescue Plan Act of 2021 (ABPA), H.R. 1319 dollars equally between the five supervisorial districts for meal gap support initiatives in response to COVID-19 on April 27, 2021; and WHEREAS, pursuant to the authority delegated by the Orange County Board of Supervisors, a share will be distributed to each city located in District 2 based on overall district population; and WHEREAS, in order to provide meals to those facing food insecurities in the Second District due to the COVID-19 public health emergency, the Parties have agreed that the County shall transfer the grant amount described herein to Subrecipient. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2021, or County of Orange Page 1 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C when all of the Parties' obligations under this Agreement are fully satisfied, whichever occurs earlier. 2. USE OF GRANT AMOUNT. a. Subrecipient shall use the grant amount provided under this Agreement to provide for food insecurities: (1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and (2) were incurred during the period that begins on the date the Agreement is fully executed and ends on December 31, 2021. b. The term "Eligible Expenses," as used in this Agreement, shall mean expenses incurred and paid for by Subrecipient for the provision of providing food/meal gap programs to clients with insecurities due to the Covid-19 pandemic located in the Second District in connection with the COVID-19 public health emergency. Eligible expenses may include improvements to or building of community gardens in neighborhoods or schools to cover supplies, plantings of vegetables and fruits, and waivers of community garden plot stipends. Eligible expenses may also include planting of fruit trees like orange, lemon, lime or apples in low income Covid impacted neighborhoods and parks. C. The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount: (1) Damages covered by insurance. (2) Expenses that have been or will be reimbursed under any local, state or federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. (3) Reimbursement to donors for donated items or services. (4) Workforce bonuses other than hazard pay or overtime. (5) Severance pay. (6) Legal settlements. d. Subrecipient must utilize the grant amount in accordance with all local, state, and federal laws, including but not limited to the American Rescue Plan Act of 2021 (ABPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ABPA, including the regulations issued by the Department of Treasury at 35 County of Orange Page 2 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C CFR Part 35 regarding costs that are payable from Coronavirus State and Local Fiscal Recovery Funds. 3. PAYMENT OF GRANT AMOUNT a. The County will issue a one-time payment to the Subrecipient in the amount of $70,000 within 10 business days of the full execution of this Agreement. All of Subrecipient's expenditures of the grant amount must be for costs as described in Paragraph 2 of this Agreement. The grant amount represents the amount allocated to Subrecipient. b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein. C. Subrecipient will provide the County invoices and receipts as proof of eligible expenses within 14 working days of expending the full $70,000. C. If Subrecipient has not spent any portion of the grant amount it has received under this Agreement to cover Eligible Expenses by December 31, 2021, Subrecipient shall return to the County by January 31, 2022 the amount remaining unspent as of December 31, 2021. 4. STATUTES AND REGULATIONS APPLICABLE TO GRANT. Subrecipient must comply with all applicable requirements of local, state, and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable local, state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: a. Office of Management and Budget (OMB) Circulars. Subrecipient must comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. b. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or County of Orange Page 3 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation. C. Tax Reporting. Subrecipient is responsible for any tax reporting requirements that arise from this Agreement, including the filing of any required tax forms with the IRS and the issuance of any required tax forms to recipients of economic support from the Subrecipient. 5. REPORTS. a. Progress Report. On December 1, 2021, Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (4) identify the balance of the grant amount that Subrecipient has not spent. b. Final Report. Upon the earlier of Subrecipient's expenditure of the balance of the grant amount or January 15, 2022, Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (3) identify the balance of the grant amount that Subrecipient has not spent, if any. C. The Subrecipient shall provide a certification signed by its chief executive officer with each report required under this Paragraph 5 that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. d. Subrecipient shall maintain supporting documentation for the reports required by this Paragraph 5 consistent with the requirements of Paragraph 6. 6. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period four (4) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the County. County of Orange Page 4 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C 7. RECORDS INSPECTION. At any time during normal business hours and as often as either the County or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Subrecipient's records, the County may require that Subrecipient provide supporting documentation to substantiate Subrecipient's expenses with respect to the Subrecipient's use or expenditure of the grant amount. 8. INDEPENDENT CONTRACTOR. The Subrecipient shall be considered an independent contractor and neither the Subrecipient, its employees, nor anyone working under the Subrecipient shall be considered an agent or an employee of County. Neither the Subrecipient, its employees nor anyone working under the Subrecipient shall qualify for workers' compensation or other fringe benefits of any kind through County. 9. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Subrecipient shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Agreement. Subrecipient shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Subrecipient shall provide copies of permits and approvals to the County upon request. 10. INSURANCE. Employee Dishonesty: coverage is required in the minimum amount of $100,000 per occurrence. The County of Orange shall be the loss payee. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance. 11. INDEMNITY. The Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, including but not limited to County of Orange Page 5 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C personal injury or property damage, arising from or related to the Subrecipient's receipt, distribution or expenditure of the grant amount under this Agreement. The provisions of this paragraph shall survive the termination of this Agreement. 12. NOTICES. Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid. Subrecipient: Jill Ingram City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 COUNTY: Renee Ramirez County of Orange OC Community Services 1300 S. Grand, Bldg. B Santa Ana, CA 92705 13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. 14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney's fees, costs, and expenses. County of Orange Page 6 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C 15. ENTIRE CONTRACT. This Agreement contains the entire agreement between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes, or revisions are valid or binding on the Parties unless authorized by the Parties in writing. 16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on County unless authorized by County in writing. 17. EQUAL EMPLOYMENT OPPORTUNITY. The Subrecipient shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of California regulations as may now exist or be amended in the future. The Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding persons with disabilities persons, the Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Subrecipient agrees to provide equal opportunity to disabled persons in employment or in advancement in employment or otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disabilities in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified disabled persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding persons with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. County of Orange Page 7 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C 18. DEBARMENT. Subrecipient shall execute and abide by the Debarment & Suspension Certification, attached hereto as Exhibit 1 and incorporated herein by this reference, and by so doing declares that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 C.F.R. Part 98. 19. LOBBYING CERTIFICATION. a. Subrecipient shall execute and abide by the terms of the "Certification Regarding Lobbying," which is attached hereto as Exhibit 2 and incorporated herein by this reference. Subrecipient shall complete and immediately forward to the County's Project Manager the "Disclosure Form to Report Lobbying," a copy of which is attached hereto as Exhibit 3 and incorporated herein by this reference, if Subrecipient, or any person, firm or corporation acting on Subrecipient's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Agreement or funds to be received by Subrecipient pursuant to this Agreement. b. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. C. Subrecipient shall be in compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352 and 29 CFR Part 93). 20. AUDIT. a. If Subrecipient expends more than $750,000 in federal funds during the term of this Agreement, Subrecipient shall arrange for an audit to be performed, within one hundred fifty (150) days of the end of Subrecipient's fiscal year and in accordance with 2 CFR Part 200, Subpart F, "Audit Requirements of States, Local Governments, and Non -Profit Organizations," which is incorporated herein by reference. Furthermore, County retains the authority to require Subrecipient to submit a similarly prepared audit at Subrecipient's expense even in instances when Subrecipient's expenditure is less than $750,000. b. Subrecipient shall take the following actions in connection with such audit: i. Ensure that appropriate corrective action is taken to correct instances of noncompliance with federal laws and regulations. Corrective action shall be taken within six months after County receives Subrecipient's audit report; ii. Adjust its own records as necessitated by the audit; County of Orange Page 8 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C iii. Permit independent auditors to have access to its records and financial statements as is necessary for County or Subrecipient to comply with 2 CFR Part 200, Subpart F; iv. Submit two copies of its audit reports to County no later than 30 days after completion of the reports; V. Procure audit services in accordance with 2 CFR Part, 215.40 (OMB Circular A-110) procurement standards and provide maximum opportunity for small and minority audit firms; vi. Include in contract(s) with auditor(s) provisions that the auditor(s) will comply with all applicable audit requirements; vii. Include in its contract with independent auditors a clause permitting representatives of County or the State to have access to the work papers of the independent auditors; viii. Provide to County, the Bureau of State Audits, and their designated representatives, the right to review and to copy all audit reports and any supporting documentation pertaining to the performance of this Agreement, and the option to perform audits and/or additional work as needed; ix. Cooperate with and participate in any further audits which may be required by County or the State; X. Ensure that its audit addresses all issues contained in any federal OMB Compliance Supplement that applies to its program; xi. Ensure that the audit is performed in accordance with Generally Accepted Government Auditing Standards -2 CFR 200.514 and 45 CFR 75.514, is performed by an independent auditor, and is organization -wide; C. Ensure that the audit is all-inclusive, i.e., it includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs in accordance with 2 CFR 200.515 and 45 CFR 75.515; If total funds awarded under this Agreement equal or exceed $10,000, Subrecipient shall be subject to examination and audit, including interviews of its staff, by the County and State of California for a period of three (3) years after final payment under this Agreement. 21. NON-DISCRIMINATION AND COMPLIANCE PROVISIONS. a. State laws. i. Subrecipient shall, unless exempted, ensure compliance with the requirements of Cal. Gov. Code §11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, County of Orange Page 9 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR § 983231 ii. Subrecipient's signature affixed hereon shall constitute a certification, under penalty of perjury under the laws of the State of California, that Subrecipient has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12900 (a -f) and Title 2, California Code of Regulations, Section 8103. iii. Subrecipient shall include the nondiscrimination and compliance provisions of this Paragraph in all sub -contracts to perform work under this Agreement. b. Title VI of Civil Rights Act. SUBRECIPIENT hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80] (P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which funds are made available under this Agreement. Subrecipient hereby gives assurance that it will immediately take any measures necessary to effectuate this Agreement. C. Title VII of Civil Rights Act. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000), as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 92-261), and with all applicable rules, regulations and orders promulgated pursuant thereto, as now in existence or as hereafter amended. d. Disability discrimination. Subrecipient shall comply with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and all requirements imposed by the applicable regulations and guidelines issued pursuant to those statutes, including 45 CFR, Part 84. e. Failure to comply. If Subrecipient fails to comply with the requirements of any Sub -Paragraphs of this Paragraph 21 Administrator may withhold payment to Subrecipient and/or terminate this Agreement. 22. FEDERAL ENVIRONMENTAL LAWS. If the amount of compensation Subrecipient shall receive under this Agreement exceeds $100,000, Subrecipient and its subcontractors shall County of Orange Page 10 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C comply with all applicable orders or requirements issued under the following laws: a. Clean Air Act as amended (42 U.S.C. 7401) b. Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) C. Environmental Protection Agency Regulations (40 CFR 29, Executive Order 11738). d. State Contract Act [Cal. Pub. Con. Code §10295 et seq.] e. Unruh Civil Rights Act [Cal. Pub. Con. Code § 20101 23. CONTRACTOR/SUBRECIPIENT DETERMINATION: In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this Agreement, City of Irvine is determined to be a Subrecipient. 24. FEDERAL AWARD IDENTIFICATION: E:::M L_ FAIN INFORMATION A. Subrecipient Name: City of Seal Beach B Subrecipient's Unique 060752607 Identifier (D -U -N -S): Federal Award C. Identification Number SLFRP1607 (FAIN): D. Federal Award Date: March 11, 2021 E Subaward Period of Upon execution — December 31, 2021 Performance: Total Amount of Federal F. Funds Obligated by the $70,000 Action: G Total Amount of Federal Funds $70,000 Obligated to the Subrecipient: H Total Amount of the Federal $616,840,943 Award: I Federal Award Project American Rescue Plan Act of 2021 Description: J. Federal Awarding Agency: U.S. Department of the Treasury K. Name of PTE: County of Orange L Contact Information for the Dylan Wright, Executive Director Awarding Official: Phone Number: (714) 480-2788 E-mail Address: Dylan.Wriaht@occr.ocaov.com M. CFDA Number: 21.027 County of Orange Page 11 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 12 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 CFDA Name: State and Local Fiscal Recovery Funds program N. Whether Award is R&D: No Indirect Cost Rate for the 0'Federal N/A Award: THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 12 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below. CITY OF SUh, nDJEACH By: gill, r lk � Jill Ingram, City Manager DocuSigned by: L Craig Steele, City Attorney Date: 11/12/2021 Date: 11/11/2021 COUNTY OF ORANGE A Political Subdivision of the State of California DocuSigned by: By: l2c in t t, raI.PR*t'" Dylan Wright, Director OC Community Resources APPROVED AS TO FORM COUNTY COUNSEL By: rDocuSigned by: PAfVU bMS6 Patrick Bruso Deputy County Counsel Dated: 11/14/2021 Dated: 11/10/2021 County of Orange Page 13 of 13 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. ]ill R Ingram Name City Manager Title DocuSigned by: (, r lam 11/12/2021 �i1 Authorized Igna i ure Date County of Orange Page 1 of 2 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 1 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. County of Orange Page 2 of 2 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 2 Page 1 of 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. City of Seal Beach Grantee/Contractor Organization ]ill R Ingram Name City Manager Title DocuSigned by: 5 i9i"(L r IVr Authorized-'Sidhaft *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). County of Orange Page 1 of 1 City of Seal Beach OC Community Resources District Two Agreement No. MA -012-22010638 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 3 INSTRUCTIONS FOR COMPLETION OF SF -LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL -A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503. DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 3 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change C. cooperative agreement C. post -award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance Date of last report: 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Congressional District, if known: Congressional District, if known: 6. Federal Department I Agency: 7. Federal Program Name/Description 8. Federal Action Number, if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name, MI): attach Continuation Sheets SF -LLL -A, if necessary 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ Actual a. retainer Planned b. one-time free C. commission 12. Form of Payment (check all that apply): a. cash d. contingent fee b. in-kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11: 15. Continuation sheets SF -LLL -A attached: ❑ Yes oMaigned by: 16. Information requested through this form authorized by Title ^t(t AaM 31 U.S.C. Section 1352. This disclosure of lobbying activities is a Signature: l material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for ]ill R Ingram Print Name: public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not Title; city Manager more than $100,000 for each such failure. Telephone No: 562-431-2527 Date: 11/12/2021 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 3 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Reporting Entity: Page of BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C, 35 1 0 -FE -C; 8120-01 -C; 4710-24-C, 6116-01 -C, DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C Exhibit 4 O R A N G E C O U N T Y CSG Community Resources Our Community. Our Commitment. Subject: OC Community Resources Contract Reimbursement Policy Effective: July 1, 2010 Revised: January 17, 2020 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS -1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services' and OC Housing & Community Development's reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract Page 1 of 2 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. At any time, based on County's business needs and/or Contractor's performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1. Supporting documentation includes, but is not limited to: a. General ledger/expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer-employee contract for non -customary benefits (if applicable) g. Pre -approval documentation for equipment purchases equal to or greater than $5,000 2. The following is required with the first month's invoice only: a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable) 3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract): "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U. S. Code Title 18, Section 1001 and Title 31 Sections 3 729-3 730 and 3801-3812)" 5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single -sided sheets 7. Please redact employees' Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Consultant/sub-contractor invoices (with description of services) 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: OCCRAccountsPayable@occr.ocgov.com Page 2 of 2 DocuSign Envelope ID: C10AE329-CC83-43ED-BC42-CB106A39671C O R A N G E C Q U N T Y Occommunity Resources Our Community. Our Commitment. Reimbursement Policy Status Form Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor's designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice. Contractor: City of Seal Beach Effective Date: Upon final execution by County Contract #: MA -012-22010638 Documentation Status: ® Abbreviated ❑ Comprehensive ************************************************************************************************************* Program Authorization by: Auditor Controller Authorization by: Renee Ramirez Eliseo Gillamac Print Name E ocusigned by: Print Name DocuSigned by: Signed by: �' r"`t," Signed by:P94084 Date: 11/14/2021 Date: 11/12/2021 Two signatures are required to implement the form. Distribution: Contractor Auditor Controller Contract File Program File Reimbursement Policy Status (RPS -1) U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Kelly Telford, CPA, Finance Director/Treasurer SUBJECT: Second Amendment to Legal Services Agreement with Richards, Watson & Gershon SUMMARY OF REQUEST: That the City Council adopt Resolution 7220: 1. Approving the Second Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2. Authorizing the City Manager to execute the amendment on behalf of the City. BACKGROUND AND ANALYSIS: Attorneys from Richards, Watson & Gershon (RWG) have been serving as City Attorney since 1972, as well as counsel to the Successor Agency to the Redevelopment Agency, and other City agencies and authorities. The first amendment to the firm's contract with the City was approved by the City Council on July 23, 2018. RWG performs most of its work under a monthly retainer fee. Additional categories of work outside the retainer are defined in the agreement at separate rates. RWG now proposes the following amendments to the agreement, effective November 1, 2021: 1. Increase the firm's monthly retainer fee from $20,500 to $21,250 or approximately 3.7%, effective retroactively to November 1, 2021. As of November 1, 2022, the retainer fee would increase by approximately 3.5% to $22,000. Had the retainer fee followed the increases in CPI since the last amendment, the resulting increase would have been over 9%. 2. Increase the current hourly rates for "City Prosecutor Services" by $10 per hour to $175. RWG does not typically provide "City Prosecutor Services," and would do so only in special circumstances. This increase would represent a 6% increase, however these are specialized services that often require the use of other attorneys in the firm. Agenda Item G ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: RWG prepared the proposed contract amendment, but the City Attorney has abstained from providing legal advice on this item as it pertains to the compensation to be paid to his firm. FINANCIAL IMPACT: The Fiscal Year 2021-22 cost of the monthly retainer fee increase is $6,000 and can be absorbed into the adopted budget. Any "City Prosecutor Services" billed in the current fiscal year would be included in the existing legal services budget categories. 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 7220: 1. Approving the Second Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2. Authorizing the City Manager to execute the amendment on behalf of the City. SUBMITTED BY: Kelly Telford Kelly Telford, CPA, Finance Director/Treasurer Page 2 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7220 B. Second Amendment to Legal Services Agreement Page 3 RESOLUTION 7220 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT WITH RICHARDS, WATSON & GERSHON AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY. THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE: Section 1. The Second Amendment to the Legal Services Agreement between the City, the Redevelopment Agency, and Richards, Watson & Gershon in the form attached hereto is hereby approved. Section 2. The City Manager is authorized to execute the Second Amendment on behalf of the City. Section 3. This amendment of an existing professional services agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the services will have a significant effect on the environment. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Joe Kalmick, Mayor ATTEST: Gloria D. Harper, CMC, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria Harper, City Clerk of the City of Seal Beach, do foregoing resolution is the original copy of Resolution 722( the City Clerk, passed, approved, and adopted by the Seal a regular meeting held on the 13th day of December, 2021. Gloria D. Harper, CMC, City Clerk hereby certify that the i on file in the office of Beach City Council at EXHIBIT A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES FOR THE CITY OF SEAL BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH That certain agreement for legal services originally dated June 25, 2007 between the City of Seal Beach, the former Redevelopment Agency of the City of Seal Beach and Richards, Watson & Gershon ("Agreement"), as previously amended, is hereby amended as follows, to be effective as of November 1, 2021: 1. Exhibit A to the Agreement is amended and replaced with the attached Exhibit A, which is incorporated into the Agreement by this reference. Underlined text is added, text shown in st+ikethr000 is deleted. 4. Every provision of the Agreement not changed by this Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below. DATE: December 13, 2021 ATTEST: Gloria D. Harper, City Clerk City of Seal Beach and Successor Agency to the Redevelopment Agency of the City of Seal Beach Jill R. Ingram, City Manager Richards, Watson & Gershon A Professional Corporation Craig Steele, President EXHIBIT A SCOPE OF SERVICES AND APPLICABLE BILLING RATES GENERAL LEGAL SERVICES The general legal services to be provided by the Firm shall include: a. Provide routine legal assistance, advice and consultation to the City Council, Agency and to City and Agency staff, which do not fall within the categories of services listed below in Sections 2, 3, 4 and 5, relating to land use, CEQA, general municipal law issues, routine real estate matters, routine issues arising from franchises, enforcement of the Municipal Code, potential tort liability and risk management; b. Prepare and review legal opinions, ordinances, resolutions, agreements and related documents; Review environmental documents; d. Provide legal assistance and advice relating to routine personnel and employment matters, including the drafting of employment agreements; Attend all regular meetings of the City Council, Redevelopment Agency Board, Planning Commission, and such other commission meetings as may from time to time be specified by the City; f. Monitor pending state and federal legislation and regulations, and new case law, as appropriate; g. Monitor services provided by special legal counsel; h. Conduct training sessions for City Officials regarding the Brown Act, Political Reform Act and ethics; Attend office hours six hours a week; and Perform additional general legal services as may be requested by the City Council, Agency Board, City Manager or Executive Director. The general legal services specified in this Section shall be provided pursuant to a retainer in the sum of Q'�00 $21,250 per month. As of November 1, 2022 general legal services specified in this Section shall be provided pursuant to a retainer in the sum of $22,000 per month. In the event City requires more than 100 hours of general legal services in any three consecutive months, City Manager and City Attorney will confer as to whether certain general services should be treated as Special Services pursuant to Section 3i. 2. ADDITIONAL SERVICES The following services shall be considered Additional Services and shall not be included within the category of General Services: a. Litigation matters and insurance coverage disputes; b. Environmental Legal Services (beyond those specified as general legal services), including but not limited to legal services performed in connection with the preparation of environmental impact reports. Real Estate Services (beyond the routine real estate matters specified as general legal services) such as the preparation and review of complex leases and purchase and sale agreements and services performed in connection with the sale or acquisition of property by purchase, lease, eminent domain or otherwise; d. Legal Services performed in connection with federal, state and local taxation; Franchise Negotiations and drafting of franchise agreements; f. Legal Services performed in connection with sand replenishment; g. Redevelopment Agency Legal Services; and h. Any other matters specifically approved by the City Council. The additional services specified above shall be billed at the regular hourly rate of the attorney or attorneys providing such services, with a 15% discount. The determination as to whether a particular matter or assignment is to be considered additional services, as opposed to general legal services, will be made jointly by the City Attorney and the City Manager. 3. SPECIAL SERVICES The following services shall be considered Special Services and shall not be included within the category of General Services: a. Labor Relations, Personnel and Employment Advice, (beyond those specified as general legal services), including advice relating to labor relations matters, personnel and employment matters and negotiation of memoranda of understanding; b. Police Legal Services matters; Nuisance abatement; d. Preparation of Charter amendments; Preparation of the Zoning code; f. Preparation of Municipal Code amendments; g. Preparation of the City's Local Coastal Plan; h. Legal Services performed in connection with any election; and If approved by the City Manager, any legal services performed in connection with a project that would otherwise be general services but, due its complexity or duration, is a special service. The special services specified above shall be billed at the hourly rate of $310. Commencing July 1, 2019, and every year thereafter, the hourly rate for special services shall automatically increase by the annual percentage increase in the salaries the City pays to its management employees. 4. EXTRAORDINARY SERVICES The following services shall be considered Extraordinary Services and shall not be included within the category of General Services: a. Bond Counsel, Disclosure Counsel, Issuer's Counsel and Similar Services; b. Legal Services performed in connection with the proposed development of major property in the City, including but not limited to the property commonly known as the DWP site, including review of environmental documents prepared in connection therewith; Legal Services performed in connection with special assessments; and d. Legal Services performed in connection with hazardous and toxic waste, including but not limited to work related to compliance with state and federal pollution control standards such as the National Pollution Discharge Elimination System (NPDES) permit program. The additional services specified above shall be billed at the regular hourly rate of the attorney or attorneys providing such services. Bond counsel, disclosure counsel, issuer's counsel and similar services shall be compensated at the Firm's then current standard hourly rates, not to exceed a cap which the City Manager believes would be a standard fee for a similar sized transaction of equal complexity. 5. CITY PROSECUTOR SERVICES The Firm shall perform criminal prosecutions of Municipal Code violations at the hourly rate of $165.00 $175.00. AGENDA STAFF REPORT DATE: December 13, 2021 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. 2 to the Cooperative Agreement No. C-6-1126 with Orange County Transportation Authority (OCTA) and Budget Amendment 22-06-02 for the OCTA 1-405 Improvement Project SUMMARY OF REQUEST: That the City Council adopt Resolution 7221: 1. Approving Amendment No. 2 to Cooperative Agreement No. C-6-1126 dated June 27, 2016, as previously amended by Amendment No. 1 dated April 22, 2019 with Orange County Transportation Authority to increase compensation by $370,000 for the 1-405 Improvement Project; and, 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. C-6-1126; and, 3. Approving Budget Amendment 22-06-02 recognizing $370,000 from the Orange County Transportation Authority (OCTA) for the 1-405 Freeway Improvement Project. BACKGROUND AND ANALYSIS: On June 27, 2016, the City Council approved Cooperative Agreement No. C-6- 1126 (CO-OP) between Orange County Transportation Authority (OCTA) and the City of Seal Beach for the 1-405 Improvement Project (Project). The Project will provide one additional general purpose lane and two toll lanes in each direction between the westerly Orange County limits and the City of Costa Mesa. The CO-OP outlined the responsibilities of both the City and OCTA throughout the course of the project and upon completion, and provides the financial mechanism for the City to receive reimbursement funds for staff time, consultant assistance, and pavement restoration. The CO-OP further provided $120,600 in reimbursement funds for City and consulting services for the duration of the Agenda Item H project, with an amendment option if additional funds are necessary. The Project is currently at its second year of a six-year duration. On April 22, 2019, the City entered into Amendment No. 1 to the CO-OP for an additional $250,000 for a project total allowance of $370,600. As of March 31, 2021, the City had expended approximately $324,000 of reimbursable funds on the Project. These expenditures include costs associated with consultant plan checking and consulting services for the Project, City's contract inspection services, staff time, and other necessary project costs. A breakdown of the approximate expended funds as of March 31, 2021 is as follows: Description Amount Plan review and permit issuance $ 191,000 Project Inspection $ 30,500 Additional consultants as necessary $ 7,000 City Staff time $ 95,500 Estimated Project Expenditures $ 324,000 As the expenditures are reaching the CO-OP allocated amounts, staff requested OCTA to provide an additional $370,000 of reimbursement funds to cover anticipated expenditures for the balance of the Project. On October 11, 2021, the OCTA Board of Directors approved the attached Amendment No. 2 providing the requested $370,000 funding. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed the resolution and amendment, and approved as to form. FINANCIAL IMPACT: Under the CO-OP and Amendment No. 2, OCTA will reimburse the City for Project - related expenditures up to a total of $740,600, unless more funds are requested and agreed to. The CO-OP will guarantee that there will be no City funds expensed. Budget Amendment 22-06-02 allocates $370,000 for the Project as follows. Account No Project No Original Amended Difference Reason Budget Budget Need adjusted 217-500-0366-42400 $ - $ 370,000.00 $ 370,000.00 CC Approved 217-500-0366-59100 $ 228,000.00 $ 598,000.00 $ 370,000.00 CC Approved 301-000-0000-49100 $ 228,000.00 $ 598,000.00 $ 370,000.00 CC Approved 301-500-0333-55000 ST1809 $ 370,600.00 $ 740,600.00 $ 370,000.00 CC Approved STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7221: 1. Approving Amendment No. 2 to Cooperative Agreement No. C-6-1126 dated June 27, 2016, as previously amendment by Amendment No. 1 dated April 22, 2019 with Orange County Transportation Authority to increase compensation by $370,000 for the 1-405 Improvement Project; and, 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. C-6-1126; and, 3. Approving Budget Amendment 22-06-02 recognizing $370,000 from the Orange County Transportation Authority (OCTA) for the 1-405 Freeway Improvement Project. 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 7221 B. Executed OCTA CO-OP Agreement No. C-6-1126 C. OCTA CO-OP Amendment No.1 D. OCTA CO-OP Amendment No. 2 E. Schedule A for Amendment No. 2 to OCTA RESOLUTION 7221 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE COOPERATIVE AGREEMENT NO. C-6-1126 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY AND BUDGET AMENDMENT 22-06-02 WHEREAS, Orange County Transportation Authority (OCTA), in cooperation and partnership with the California Department of Transportation (Caltrans), is proposing to reduce congestion and improve lane continuity through the 1-405 corridor with improvements to mainline and interchanges on 1-405 between State Route 73 and Interstate 605; and, WHEREAS, OCTA, in cooperation and partnership with the Caltrans, entered into Cooperative Agreement No. C-6-1126 ("CO-OP"), dated June 27, 2016, defining the specific terms, conditions, and funding responsibilities between the OCTA and City of Seal Beach; and, WHEREAS, on April 22, 2019, the City Council approved Amendment No. 1 to the Agreement to increase compensation by $250,000, and, WHEREAS, the City and OCTA desire to increase the Agreement limit. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. Approval and Authorization of Amendment No. 1 with Orange County Transportation Authority. A. The City Council hereby approves that certain Amendment No. 2 ("CO-OP Amendment No. 2") dated December 13, 2021 to the CO-OP agreement dated June 27, 2016, and later amended as Amendment No. 1 ("CO-OP Amendment No. 1") on April 22, 2019, between the City of Seal Beach and OCTA for 1-405 Improvement Project Consulting Services to increase City's compensation by $370,000 for additional services required in connection with CO-OP Amendment No. 2 to the CO-OP, for a revised total contract amount not to exceed $740,600 for the CO-OP, CO-OP Amendment No. 1, and CO-OP Amendment No. 2, attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full. B. The City Council hereby authorizes the City Manager to execute the CO-OP Amendment No.2. Section 2. The Council hereby approves Budget Amendment No. 22-06-02 to modify the Fiscal Year 2021-22 budget for the Orange County Transportation Agency 1-405 Freeway Improvement Project, City of Seal Beach CIP ST1809, as follows: Account No Project No Original Amended Difference Reason Budget Budget Need adjusted 217-500-0366-42400 $ $ 370,000.00 $ 370,000.00 CC Approved 217-500-0366-59100 $ 228,000.00 $ 598,000.00 $ 370,000.00 CC Approved 301-000-0000-49100 $ 228,000.00 $ 598,000.00 $ 370,000.00 CC Approved 301-500-0333-55000 ST1809 $ 370,600.00 $ 740,600.00 $ 370,000.00 CC Approved PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7221 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December, 2021. Gloria D. Harper, City Clerk OCTA BOARD OF DIRECTORS Lori Donchak Chair Michael Hennessey Vice Chair Lisa A. Bartlett Director Andrew Do Director Steve Jones Director Jim Katapodis Director Jeffrey Lalloway Director Gary A- Miller Director At Murray Director Shawn Nelson Director Miguel Pulido Director Tim Shaw Director Todd Spitzer Director Michelle Steel Director Tom Ta' Director Frank Ury Director Gregory Winterbottom Director Ryan Chamberlain Ex -Officio Member CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer -AUG 15 2M CITY CLERK CITY OF SEAL BEACH August 10, 2016 Jim Basham Interim Director of Public Works City of Sea] Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-6-1126 Dear Mr. Basham: Enclosed please find one original of the above referenced subject for your records. Should you have any contractual related questions, please feel free to contact Reem Hashem at (714) 560-5446 or by e-mail at rhashem@octa.net. Sincerel Marla Eking Senior OOH ecialist Contract Administration and Materials Management Orange County Transportation Authority 550 Sooth Main Street/ P.O. Box 14184 / Orange / California 32863-1584 / (714) 560 -OCTA (6282) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR 1-405 IMPROVEMENT PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this �T day of 20 �( , by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity (herein referred to as "AUTHORITY") and the City of Seal Beach, 211 Eighth Street, Seal Beach, California 90740, a municipal corporation duly organized and existing under the constitution and laws of the State of California (herein referred to as "CITY") each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of Transportation, herein referred to as "CALTRANS", is proposing to reduce congestion and improve lane continuity through the Interstate 405 (1-405) corridor with improvements to mainline and interchanges on 1-405 between State Route 73 (SR -73) and Interstate 605 (1-605); and WHEREAS, the improvements are generally defined as adding one general-purpose lane from Euclid Street to 1-605, plus adding an additional median lane which will be combined with the existing HOV lane and operated as dual express lanes in each direction of 1-405 from SR -73 to 1-605, replacing and/or widening structures, and other additional geometric and interchange improvements, including improvements to CITY -owned and operated streets, and traffic facilities hereinafter referred to as CITY FACILITIES potentially impacted by this project, all of which are hereinafter referred to as "PROJECT'. AUTHORITY will use a design -build method of delivery for the procurement, design, and construction of PROJECT and shall prepare contract documents (CONTRACT DOCUMENTS) to procure a design- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 build team herein referred to as "CONTRACTOR"; and WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding responsibilities between the AUTHORITY and CITY regarding the CONTRACT DOCUMENTS, and the design and construction of PROJECT in regards to CITY FACILITIES; and WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and WHEREAS, CITY -owned and operated utilities will be subject to an utility agreement(s) and separate from, and outside of this Agreement; and WHEREAS, PROJECT is located within and adjacent to the CALTRANS right of way in the Cities of Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Seal Beach, Los Alamitos, and County of Orange; and WHEREAS, AUTHORITY has contracted with Parsons Transportation Group, Inc., as the Program Management Consultant (PMC) for this PROJECT, to assist with the administration and oversight of the procurement, and design and construction phases of PROJECT; and WHEREAS, AUTHORITY has contracted with Jacobs Project Management Co., as the Construction Management Consultant (CMC) for this PROJECT, to assist with the administration and oversight of the procurement, and construction phases of PROJECT; and WHEREAS, AUTHORITY agrees to acquire right-of-way for PROJECT; and WHEREAS, AUTHORITY shall ensure CONTRACTOR's compliance with all applicable requirements contained in this Agreement; and WHEREAS, CITY FACILITIES will potentially be impacted by PROJECT, and AUTHORITY desires to collaborate with CITY during the development of the CONTRACT DOCUMENTS for the selection of a CONTRACTOR, and during the design and construction of PROJECT; and WHEREAS, AUTHORITY will provide contract administration for all phases of PROJECT work on CITY FACILITIES, and work within CITY right-of-way, while adhering to State, Federal, and CITY standards and requirements, as applicable; and WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to Page 2 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 improvements to CITY FACILITIES, and defined as: • Review and approval of plans, specifications, and other pertinent engineering plans, and reports, and for oversight construction inspection services • Review and acceptance of Transportation Management Plan (TMP) • Traffic engineering • CITY police services WHEREAS, the costs for the following elements of CITY SERVICES cannot be quantified and priced at this time, as they will be developed by the CONTRACTOR upon CITY acceptance of the TMP. In the event impacts are identified which affect CITY streets, the costs of these elements will be developed, and AUTHORITY shall amend this Agreement to account for such costs: • Costs for mitigation for reduction of pavement life related to impacts to CITY streets along the signed, long-term detours CONTRACTOR; and WHEREAS, notwithstanding Article 7, Maximum Obligation, it is the intent of this Agreement that the CITY shall not be obligated to provide CITY SERVICES once the maximum obligation amount has been expended, unless the Parties agree to an amendment of the maximum obligation amount; and WHEREAS, CITY is the petitioner and AUTHORITY is named as a Respondent in litigation captioned City of Seal Beach v. State of California Department of Transportation, Orange County Transportation Authority, et al., Orange County Superior Court case number 30-2015-00799223-CU- WM-CXC (LAWSUIT), which challenges the validity of the approval process and the California Environmental Quality Act (CEQA) compliance for the PROJECT. AUTHORITY is also a respondent in a similar legal action filed by the City of Long Beach. Either lawsuit, or both of them, could result in judgments or settlements that could delay the PROJECT or alter elements of the PROJECT; and WHEREAS, CITY's City Council approved this Agreement on the qday of U t e 20_; and q WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the 1 day of l'Y1 �+y , 20 16 . Page 3 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: 2 ARTICLE 1. COMPLETE AGREEMENT 3 A. This Agreement, including any attachments incorporated herein and made applicable by 4 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 5 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, 6 and communications. The invalidity in whole or in part of any term or condition of this Agreement shall 7 not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals 8 are true and correct and incorporated by reference herein. 9 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) 10 or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's 11 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation 12 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall 13 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized 14 representative of AUTHORITY by way of a written amendment to this Agreement and issued in 15 accordance with the provisions of this Agreement. 16 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or 17 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such 18 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in 19 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not 20 be binding upon CITY except when specifically confirmed in writing by an authorized representative of 21 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of 22 this Agreement. 23 D. The Parties agree that the execution of this Agreement during the pendency of the 24 LAWSUIT is a matter of administrative cooperation. Nothing in this Agreement is intended by either 25 Party to constitute any waiver or dismissal of any claim, demand or defense that either Party may have 26 as against any other Party in the LAWSUIT, including any demand CITY or any other Party may make Page 4 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 against AUTHORITY, the PROJECT, or CALTRANS in the course of the LAWSUIT. Further, nothing 2 in this Agreement constitutes CITY's approval of, or consent to, any element of the PROJECT or 3 preliminary PROJECT plans. CITY does not, by executing this Agreement or by cooperating with 4 AUTHORITY, concede that AUTHORITY has the legal right to move forward with the work hereunder 5 prior to a final judgment in the LAWSUIT and AUTHORITY's compliance with such judgment, if 6 required. AUTHORITY proceeds with the PROJECT at its own risk. 7 ARTICLE 2. SCOPE OF AGREEMENT 8 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 9 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and 10 coordinate with the other in all activities covered by this Agreement, and any amendments to this 11 Agreement. - 12 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 13 AUTHORITY agrees to the following responsibilities for PROJECT: 14 A. To be the sponsor and funding agency to manage and administer the contract for 15 PROJECT, which includes preliminary engineering, right of way acquisition, and preparation of 16 CONTRACT DOCUMENTS to be used in the advertisement of a design -build RFP and for the selection 17 of a CONTRACTOR to perform full design -build activities, and other related services, including 18 improvements to CITY FACILITIES which are necessary as part of PROJECT. 19 B. To perform right-of-way acquisition and right-of-way certification for PROJECT, and 20 specifically, for CITY FACILITIES, if necessary. 21 C. To include within the CONTRACT DOCUMENTS, in regards to CITY FACILITIES, design 22 criteria which meets acceptable CITY standards in existence at the time the design -build RFP is released. 23 D. To coordinate with CITY during the development of the CONTRACT DOCUMENTS, and 24 afford the CITY the opportunity to review, and comment on the CONTRACT DOCUMENTS, in regards 25 to CITY FACILITIES, prior to the release of the RFP for PROJECT, and in accordance with the terms of 26 this Agreement. Page 5 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 E. To coordinate with CITY regarding review times to be included in CONTRACT 2 DOCUMENTS. The review times will be applicable to the design and construction of PROJECT in 3 regards to CITY FACILITIES. AUTHORITY will hold Joint Resolution Meetings (JRT) with CITY to resolve 4 CITY comments and obtain approvals, if applicable. 5 F. To coordinate the procurement, and design and construction of PROJECT with the CITY, 6 and hold regular technical and partnering meetings to brief the CITY on the status of PROJECT, solicit 7 input, and provide a forum to discuss and resolve PROJECT issues which impact the CITY. 8 G. To comply with all requirements of the Final Environmental Impact Report/Environmental 9 Impact Statement (FEIR/FEIS) for the PROJECT, including but not limited to the preparation and 10 processing of, as well as any and all supplemental environmental documents, including those required 11 for CITY FACILITY improvements for PROJECT, 12 H. If AUTHORITY encounters hazardous, archeological, paleontological, cultural, or other 13 protected materials and/or species within any existing or future CITY-owned right-of-way for the CITY 14 FACILITIES, AUTHORITY shall notify the CITY and responsible control agencies of such discovery. 15 I. The costs for any remediation or protection for Article 3, Paragraph H, shall be covered 16 as a PROJECT cost, provided that AUTHORITY may seek reimbursement from other third parties which 17 may be jointly or severally liable for such removal or protection. 18 J. To protect in place, rearrange or relocate after CITY consultation and concurrence, CITY 19 owned public utility facilities found to be in conflict with PROJECT. Al[ conditions of this clause shall be 20 subject to utility agreements which are separate from, and outside of this Agreement. 21 K. To secure and comply with any and all other governmental and/or regulatory approvals, 22 permits and/or clearances required for the design and construction of CITY FACILITIES included in 23 PROJECT. 24 L. In the event CITY requests additional improvements, they shall be evaluated and 25 processed in accordance with Article 4, Paragraph L, of this Agreement. 26 M. To implement a Quality Management Plan during all phases of PROJECT. Page 6 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 N. To monitor all PROJECT activities to ensure compliance with the approved PROJECT 2 schedule, quality and budget goals of PROJECT. 3 O. To obtain concurrence for permanent easements, if required, for CITY FACILITIES. 4 P. To facilitate discussion between CITY, local agencies, and others regarding resolution of 5 ownership, operation, and maintenance of CITY FACILITIES, 6 Q. To coordinate with CALTRANS and CITY for preparation and execution of Maintenance 7 Agreements. 8 R. To convey to CITY ownership of any property acquired by AUTHORITY for PROJECT, 9 and which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such 10 right-of-way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be 11 completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall 12 convey such property in a condition acceptable to the CITY and in accordance with CALTRANS' Right of 13 Way Manual. 14 S. To require CONTRACTOR to submit to CITY for review and approval, including but not 15 limited to, plans, specifications, and other pertinent engineering plans, and reports, for CITY FACILITIES 16 prior to construction thereof. During construction, CITY may provide construction oversight inspection 17 services. Such reviews and approvals, and construction oversight inspection services (CITY SERVICES) 18 shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this 19 Agreement. 20 T. To require CONTRACTOR to prepare a TMP, and submit to CITY for review, comment, 21 and acceptance, in regards to construction related impacts to CITY. The TMP will address construction - 22 related impacts to existing CITY street traffic, and will include normal traffic handling requirements during 23 PROJECT construction including staging, lane closures, re -striping, detours, and signalization, and will 24 specify requirements for communicating with the public and local agencies during construction. 25 Modifications to streets, intersections, signals, etc., required to address traffic impacts during construction 26 will be borne as a PROJECT cost. Such review and acceptance of TMP (CITY SERVICES) shall be in Page 7 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement. 2 U. To obtain a written acceptance of TMP from CITY. 3 V. To reimburse the CITY for its actual costs for traffic engineering services (including 4 staff overhead and third party traffic signal maintenance service costs contracted out by CITY), and 5 police services (including overtime costs). Ongoing deployment of police services related to 6 PROJECT traffic management will require prior approval by AUTHORITY. Such traffic engineering, 7 and police services (CITY SERVICES) shall be in accordance with the CONTRACT DOCUMENTS, 8 and reimbursable to CITY by this Agreement. 9 W. To monitor and ensure CONTRACTOR compliance with the TMP. 10 X. To work collaboratively with CITY, upon acceptance of TMP. In the event it is determined 11 that there are impacts to CITY streets, AUTHORITY shall prepare an established and approved visual 12 pavement study to evaluate the pre -detour conditions, and forecasted impacts to the CITY street 13 pavement used for signed, long-term freeway detours, and alternate route detours based on the period 14 of construction within the CITY limits. As the result of the study, and as agreed to by Parties, AUTHORITY 15 will reimburse CITY the exact amount of the agreed -to mitigation costs for the reduction of pavement life 16 for the detour routes, via an amendment to this Agreement. The dollar amount of pavement mitigation 17 (CITY SERVICES) shall be a one-time, lump sum maximum reimbursement amount, and no further 18 payment will be made toward the mitigation costs described herein. 19 Y. To require CONTRACTOR to repair street pavements sidewalks, curbs, driveways, 20 gutters and other CITY FACILITIES that receive damage as a result of construction. CONTRACTOR will 21 be required to adhere to CITY's requirements for removal and replacement of pavement in accordance 22 with the CONTRACT DOCUMENTS and this Agreement. 23 Z. To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to 24 commencing construction of PROJECT. Provided all conditions of such permit have been fulfilled, the 25 permits shall authorize CONTRACTOR to commence work within CITY right-of-way, or areas which affect 26 CITY FACILITIES. Page 8 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 AA. To monitor and ensure CONTRACTOR compliance with CITY's permit. 2 BB. To implement a Public Awareness Campaign during PROJECT that advises CITY, local 3 businesses, residents, elected officials, motorists, and media, of construction status, street detours, and 4 ramp and freeway closures, if and where applicable. 5 CC. To provide PROJECT closeout activities, including walk-through, punch list, final payment 6 accounting, and furnish approved "As-builts" to CITY for CITY FACILITIES. 7 DD. To develop a record of survey, final maps, and all necessary title transfers relative to 8 PROJECT. 9 EE. To reimburse CITY for combined costs identified as "CITY SERVICES", and in 10 accordance with attached SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY 11 SERVICES." 12 FF. To reimburse CITY for actual costs, within 30 days of an acceptable invoice, which is 13 complete, properly prepared and complies with the requirements of ARTICLE 5, REQUEST FOR 14 REIMBURSEMENT, below. 15 GG. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined 16 maximum amount shown on SCHEDULE A. 17 HH. To perform all work associated with the PROJECT at no cost to the CITY, unless 18 specifically provided otherwise herein or in any amendment to this Agreement. 19 II. To cause all contractors and vendors who perform work or provide supplies for CITY 20 FACILITIES to name the CITY, its officers, agents, and employees, as an additional insured on policies 21 which the AUTHORITY is an additional insured and, prior to the commencement of work, provide 22 certificates of insurance to CITY showing the CITY as an additional insured. 23 ARTICLE 4. RESPONSIBILITIES OF CITY 24 CITY agrees to the following responsibilities for PROJECT: 25 A. To collaborate and cooperate with AUTHORITY during the development of the 26 CONTRACT DOCUMENTS for the RFP, and during the design and construction of PROJECT. Page 9 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 B. To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY. 2 C. To review, and provide comment on, in a timely manner, and in accordance with the 3 CONTRACT DOCUMENTS and this Agreement, all plans and other submittals related to PROJECT, and 4 approve and/or concur with AUTHORITY or CONTRACTOR's submittals when CITY determines such 5 submittals comply with CITY's standards and criteria to facilitate AUTHORITY's delivery of PROJECT. 6 D. To make available to AUTHORITY all necessary CITY regulations, policies, procedures, 7 manuals, standard plans, and specifications required for the construction of PROJECT when requested 8 by AUTHORITY. 9 E. To attend and participate in the PROJECT's regular technical and partnering meetings for 10 AUTHORITY to brief CITY on the status of PROJECT, and to provide a forum to discuss and to resolve 11 CITY's concerns and issues. 12 F. Upon award of a design -build contract by AUTHORITY, to make reasonable efforts and 13 devote reasonable resources for the issuance of encroachment permits, and other necessary permits, if 14 applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit 15 requirements, to not cause delay to PROJECTS' construction schedule. Such permits shall authorize 16 CONTRACTOR to commence work within CITY right-of-way, or areas which affect CITY FACILITIES. 17 G. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and 18 contractors, to meet or exceed design -build schedule criteria as identified by AUTHORITY. 19 H. To waive any moratorium on the excavation or trenching work on CITY streets that were 20 recently resurfaced where such excavation or trenching are necessary for PROJECT. CONTRACTOR 21 will be required to adhere to CITY's requirements for the removal and replacement of pavement in 22 accordance with the CONTRACT DOCUMENTS and this Agreement. 23 I. To cooperate with AUTHORITY and use its best efforts to cause the rearrangement or 24 relocation of all municipal and public utility facilities, in accordance with applicable State or local franchises 25 or laws, that may be determined by AUTHORITY and CITY to be within CITY's jurisdiction and pose a 26 conflict with the PROJECT. CITY hereby agrees to exercise and invoke its rights under any applicable Page 10 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 State or local franchises or laws, or any prior rights or superior rights the CITY may have to effectuate 2 such rearrangement or relocation at the expense of the affected public utility as necessary to allow 3 completion of PROJECT. CITY shall cooperate with AUTHORITY and provide all appropriate and 4 necessary support to achieve this result. In the event the public utility fails to make the rearrangement 5 or relocation or fails to agree to make the rearrangement or relocation in a timely manner, CITY shall 6 assign to AUTHORITY its rights to rearrange or relocate said public utility under State law, or the 7 pertinent agreement or recorded instrument that CITY has with the public utility. CITY shall cooperate 8 with the AUTHORITY, provide assistance to the AUTHORITY as needed, and join with the 9 AUTHORITY as a party in the prosecution or defense of the CITY's and the AUTHORITY's rights 10 under the laws of the State of California to cause such rearrangements or relocations. Wherever 11 possible, any rearrangement or relocation of a public utility shall be made to an area covered by State 12 or local franchises or laws. All conditions of this clause shall be subject to utility agreements which 13 are separate from and outside of this Agreement. 14 J. To agree to take ownership of property acquired by AUTHORITY for PROJECT, and 15 which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right - 16 of -way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be 17 completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall 18 convey such property in a condition acceptable to CITY and in accordance with CALTRANS Right of Way 19 Manual. 20 K. To accept operation and maintenance of the CITY FACILITIES, or portion thereof, upon 21 their acceptance by AUTHORITY, and based upon the AUTHORITY's written certification that the 22 AUTHORITY has complied with all terms of the Agreement. The acceptance of the CITY FACILITIES 23 and written certification shall not unreasonably be withheld. CITY acknowledges that CITY FACILITIES 24 may be completed at different times and accepted in different stages of PROJECT. 25 L. In the event CITY requests additional CITY FACILITY improvements to be incorporated 26 into PROJECT after release of the RFP, CITY shall be solely responsible for all costs and expenses Page 11 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 related thereto, including: 1) the costs incurred to incorporate the improvements into the PROJECT's 2 scope of work; 2) additional design, construction and oversight costs arising from or associated with 3 the improvements, including change orders related thereto; 3) additional operations and maintenance 4 costs arising from or associated with the improvements, including change orders related thereto; and 5 4) costs associated with any impact on the design and construction schedule associated with the 6 improvements, including any associated PROJECT delay costs and damages. This is not intended 7 to eliminate mitigations for required PROJECT changes identified during construction. 8 AUTHORITY, at its sole discretion, may agree to incorporate such CITY FACILITY improvements, 9 via an amendment to this Agreement, identifying the CITY FACILITY improvements, estimated costs, 10 and funding sources from CITY for these improvements. 11 . M. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred 12 by CITY for CITY SERVICES, pursuant to ARTICLE 5. REQUEST FOR REIMBURSEMENT. CITY shall 13 submit final invoice no later than ninety (90) days after final acceptance of PROJECT. Any costs in 14 excess of the amounts specified herein shall not be incurred without a written amendment to this 15 Agreement. 16 ARTICLE 5. REQUEST FOR REIMBURSEMENT 17 In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees: 18 A. To prepare and submit to AUTHORITY a monthly invoice with supporting 19 documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY. 20 The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the 21 accuracy of the included information. 22 B. The invoice shall be submitted on CITY's letterhead. 23 C. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts 24 Payable Office. Each invoice shall include the following information: 25 1. Agreement Number C- 6-1126 26 2. The total of PROJECT expenditures shall specify the percent and amount of funds Page 12 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 to be reimbursed, and include support documentation for all expenses invoiced. In the event there are impacts to CITY street pavements, the one-time, lump sum amount for reimbursement of pavement mitigation, will be exclude from this requirement. 3. Adequate detail describing all work completed. In the event there is pavement mitigation, this detailed description will not be required. 4. Such other information as requested by AUTHORITY. D. To consult with AUTHORITY's PROJECT Manager for questions regarding non - reimbursable expenses. E. That total payments shall not exceed the maximum obligation specified in ARTICLE 7. MAXIMUM OBLIGATION. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Agreement are delegated to its CITY Public Works Director, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or designee. ARTICLE 7. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be One Hundred Twenty Thousand Six Hundred Dollars ($120,600) unless agreed to and amended by both Parties. In the event it is determined that pavement mitigation is required, AUTHORITY's maximum cumulative obligation for pavement mitigation shall be addressed in a future amendment to this Agreement ARTICLE 8. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and Page 13 of 18 1 2 3 4 5 6 7 8 9 10 i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 other data and records of CITY for a period of four (4) years after final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or consultant. ARTICLE 9. INDEMNIFICATION A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CITY's employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in Page 14 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 I COOPERATIVE AGREEMENT NO. C-6-1126 connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. ARTICLE 10. ADDITIONAL PROVISIONS A. Term of Agreement: The term of this Agreement shall be in full force and effect through April 30, 2023. B. Termination: In the event either Party defaults in the performance of its obligations under this Agreement or breaches any of the provisions of this Agreement, the non -defaulting Party shall provide written notice to the defaulting Party to cure such default within 30 days of such default. If the default cannot be cured within such time, as determined by the non -defaulting Party, then the defaulting Party shall have such additional time as provided in the written notice or such time as the Parties may otherwise agree in writing. In any event, the non -defaulting Party shall promptly take such actions as are reasonably necessary to cure the default. If the default or breach is material and not cured within the time provided herein, either Party has the option, in addition to any other remedies available at law, to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. C. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. D. LLegal Authority: AUTHORITY and CITY hereto warrants that the persons executing this Agreement are authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. E. Severability If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law, F. Counterparts of Agreement: This Agreement may be executed and delivered in any Page 15 of 18 COOPERATIVE AGREEMENT NO. C-6-1126 1 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 2 of which together shall constitute the same agreement. Facsimile signatures will be permitted. 3 G. Force Majeure: Either Party shall be excused from performing its obligations under this 4 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 5 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 6 commandeering of material, products, plants or facilities by the federal, state or local government; national 7 fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause 8 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 9 the control and is not due to the fault or negligence of the Party not performing. 10 H. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 11 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 12 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 13 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 14 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 15 I. Governing Law: The laws of the State of California and applicable local and federal laws, 16 regulations and guidelines shall govern this Agreement. 17 J. Litigation fees: In the event that either Party to this Agreement shall commence any legal 18 or equitable action to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover 19 its costs of suit, including reasonable costs and attorney's fees as determined by the court. 20 K. Notices: Any notices, requests, or demands made between the Parties pursuant to this 21 Agreement are to be directed as follows: 22 1 23 24 1 25 1 26 1 Page 16 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1126 .To CITY To AUTHORITY City of Seal Beach Orange County Transportation Authority Public Works Department 211 Eighth Street Seal Beach, CA 90740 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attention: Jim Basham Interim Director of Public Works Attention: Ms. Reem Hashem Principal Contract Administrator Tel: (562) 431-2527, ext. 1313 Tei: (714) 560-5446 Email: jbasham@sealbeachca.gov Email: rhashem@octa.net 1 1 1 1 1 I 1 1 1 1 1 1 1 1 Page 17 of 18 COOPERATIVE AGREEMENT NO. C-64126 1 This Agreement shall be made effective upon execution by both Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-6-1426 to be 3 executed on the date first above written. 4 CITY OF SEAL. BEACH ORANGE COON TRA PORTATION AUTHORITY 5 6 By: Sandra Massa-Lavift Darrell Joh s 7 Mayor Chief Exec rve Officer 8 ATTEST: APPROVED AS TO FORM: 9 10 By: By: obin Roberts es Donich 11 •ty Cleric /General Counsel 12 AP RO L. RECO ENDED: APPROVAL. RECO MENDE . 13 c 14 By: By: 15 Jim Basham Jim , P.E. Interim Public Works Director Ex c tive Director, Capital Programs 16 APPROVE AS TO ORM 17 18 By� Steele 19 City Attorney 20 fey 21 Dated: [.� Dated: 4 22 23 Attachment: 24 Schedule A - Reimbursement Schedule for Combined City Services 25 6 P�Page 18 of 18 W fv a V W W U cn W U_ W U) i 5R 2 a W m J LU U] LL 0 C m h G) O Q 0 CD G 0 CD LO 0 In m CDc N 40 -a F W 0•C C: ( W °' o � C m a3 N C C N O � C � X Q U 00 o o � N C �a)w CO O J_ v U .-. .Q U) o LL Q C F- dU M cn c o > 0 O_ Q Q O cu cu �m� > C U C O a L 'U 0- U O N O M j O O C U C3 (4 U) L CU O a) a) U U O E (ll Q cu U O C6 (D O a z N co w O F- cr- ow U U E L O E Z CCS C 0 O C: E U 4- Y o +. a O O U C Q} O L 0 OC O C E � +� O 4 -3(D -0a o s cu W Lu C C O = D E cN4 p to L)���a; (d a) O O N •` 0 E O. m N O •L E u' ca Z) 0 cr- 2 cu -0EC� a) O > m — Q) Q M ` ca E a w. U C (E n N O -5O L C (n Q E u Q Q) d) W 70 O) a) 0 > L U) W •- �� �.Ln r N 0 N 0 1 AMENDMENT NO. 1 TO 2 AGREEMENT NO. C-6-1126 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF SEAL BEACH 7 FOR 8 1-405 IMPROVEMENT PROJECT 9 THIS AMENDMENT NO. 1, is effective this 11 �' day of2019 10 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, 11 P.O. Box 14184, Orange, California, a public corporation of the State of California (hereinafter referred to 12 as "AUTHORITY"), and the City of Seal Beach, 211 Eighth Street, Seal Beach, California, 90740 a 13 municipal corporation duly organized and existing under the constitution and laws of the State of 14 California (hereinafter referred to as "CITY"), each individually known as "Party", and collectively known 15 as "Parties". 16 WITNESSETH: 17 WHEREAS, by Agreement No C-6-1126 dated July 29, 2016, AUTHORITY and CITY entered 18 into a cooperative agreement, in cooperation and partnership with the California Department of 19 Transportation, herein referred to as "CALTRANS", for the specific terms, conditions, and funding 20 responsibilities between the AUTHORITY and CITY for improvements defined as adding one general 21 purpose lane from Euclid Street to Interstate 605 (1-605), plus adding an additional median lane which will 22 be combined with the existing high -occupancy vehicle lane and operated as dual express lanes in each 23 direction of the Interstate 405 (1-405) from State Route 73 (SR -73) to 1-605, replacing and/or widening 24 structures, and other additional geometric and interchange improvements, including improvements to 25 CITY -owned and operated streets, and traffic facilities hereafter referred to as CITY FACILITIES 26 potentially impacted by this project, all of which are hereafter referred to as "PROJECT'; and Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ln AMENDMENT NO. 1 TO AGREEMENT NO. C-6-1126 WHEREAS, the costs are anticipated to increase due to additional level of effort for CITY SERVICES not accounted for in the original Agreement. The original Agreement assumed a certain level of service, as related to improvements to CITY FACILITIES and negotiated the amount to reimburse CITY at that time. Since then, the level of effort for CITY SERVICES has increased and additional costs are needed during the implementation of the PROJECT; and WHEREAS, AUTHORITY and CITY have agreed to amend this Agreement, in the amount of Two Hundred Fifty Thousand Dollars ($250,000), to reimburse CITY for additional CITY SERVICES, as related to improvements to CITY FACILITIES, identified in the Agreement as: • Review and approval of plans, specifications, and other pertinent engineering plans, and reports, and for oversight construction inspection services • Review and acceptance of Transportation Management Plan (TMP) • Traffic engineering • CITY police services, and; WHEREAS, the AUTHORITY's Board of Directors approved this Amendment No. 1 on the 8 day of / 2019; and WHEREAS, the CITY's Council approved this Amendment No. 1 on the ZZ r`� day of v, k 2019. NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and CITY that Agreement No. C-6-1126 is hereby amended in the following particulars only: 1. Amend ARTICLE 3. RESPONSIBILITY OF AUTHORITY, as follows: a) Page 5 of 18, paragraph EE: to delete in its entirety and, in lieu thereof, insert: "EE. To reimburse CITY for combined costs identified as "CITY SERVICES", and in accordance with the attached REVISED SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES." Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ® AMENDMENT NO. 1 TO AGREEMENT NO. C-6-1126 b) Page 5 of 18, paragraph GG: to delete in its entirety and, in lieu thereof, insert: "GG. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined maximum amount shown on REVISED SCHEDULE A." 2. Amend ARTICLE 7. MAXIMUM OBLIGATION, page 13 of 18, to delete in its entirety and, in lieu thereof, insert: "Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be "Three Hundred Seventy Thousand Six Hundred Dollars ($370,600) unless agreed to and amended by both Parties. In the event it is determined that pavement mitigation is required, AUTHORITY's maximum cumulative obligation for pavement mitigation shall be addressed in a future amendment to this Agreement." Page 3 of 4 ATTACHMENT D REVISED SCHEDULE A REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES CITY OF SEAL BEACH Item Maximum No. Description of City Services Reimbursement Amount' 1 Review and approval of plans, specifications, and other pertinent engineering plans and reports, Traffic Management Plan review and $245,900 concurrence, and construction oversight inspection services related to CITY FACILITIES. 2 Traffic engineering $47,600 3 Police services (including overtime costs) $77,100 4 Pavement rehabilitation (if applicable) $TBD2 TOTAL MAXIMUM REIMBURSEMENT $370,600 (1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this cooperative agreement, the CITY may redistribute funds for items of work as needed; however, the total amount of CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein. (2) In the event it is determined that pavement mitigation is required, this amount will be determined after the contractor is hired by the Orange County Transportation Authority, and shall be reimbursed as a one-time lump sum amount upon execution of an amendment to this cooperative agreement. AMENDMENT NO. 1 TO AGREEMENT NO. C-6-1126 The balance of Agreement C-6-1126 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-6-1126 to be executed on the date first above written. CITY OF SEACH BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: Thomas Moore Mayor Date: ATTEST: By: Darrell E. J son Chief Exec6five Officer Date: 69— //-147 APPROVED AS TO FORM: By: � y: 4 Z /. Gloria Harp 9 ��'TpeER 21 C,Q ames . Donich City Clerk l '9ij/GE ��� General Counsel Date: Date: s l APPROVAL RECOMMENDED APPROVA RECO ENDED: By: By: St6fe Myrter, P.E. eyutive G. Beil, P.E. Public Works Director Director Capital Programs Date: APPRO 15AS TF By: Craig Steele City Attorney Date: bo )1'3 Date: / Z D Attachment: Revised Schedule A — Maximum Reimbursement Schedule for Combined City Services, City of Seal Beach Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 2 TO AGREEMENT NO. C-6-1126 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH FOR 1-405 IMPROVEMENT PROJECT THIS AMENDMENT NO. 2, is effective this 13" day of December , 2021 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California, a public corporation of the State of California (hereinafter referred to as "AUTHORITY'), and the City of Seal Beach, 211 Eighth Street, Seal Beach, California, 90740 a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY'), each individually known as "Party", and collectively known as "Parties". WITNESSETH: WHEREAS, by Agreement No C-6-1126 dated July 29, 2016, as last changed by Amendment No. 1 dated June 11, 2019, AUTHORITY and CITY entered into a cooperative agreement, in cooperation and partnership with the California Department of Transportation, herein referred to as "CALTRANS", for the specific terms, conditions, and funding responsibilities between the AUTHORITY and CITY for improvements defined as adding one general purpose lane from Euclid Street to Interstate 605 (1-605), plus adding an additional median lane which will be combined with the existing high -occupancy vehicle lane and operated as dual express lanes in each direction of the Interstate 405 from State Route 73 to I- 605, replacing and/or widening structures, and other additional geometric and interchange improvements, including improvements to CITY -owned and operated streets, and traffic facilities hereafter referred to as CITY FACILITIES potentially impacted by this project, all of which are hereafter Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 2 TO AGREEMENT NO. C-6-1126 referred to as "PROJECT"; and WHEREAS, the Agreement assumed a certain level of CITY SERVICES, as related to improvements to CITY FACILITIES and negotiated the dollar amount at that time; and WHEREAS, AUTHORITY and CITY have agreed to amend this Agreement, in the amount of Three Hundred Seventy Thousand Dollars ($370,000), to reimburse CITY for additional CITY SERVICES, as related to improvements to CITY FACILITIES, identified in the Agreement as: • Review and approval of plans, specifications, and other pertinent engineering plans, and reports, and for oversight construction inspection services • Review and acceptance of Transportation Management Plan (TMP) • Traffic engineering and oversight detour inspections • CITY police services; and WHEREAS, AUTHORITY and CITY agree that this Amendment No. 2 brings the total agreement amount to Seven Hundred Forty Thousand Six Hundred Dollars ($740,600.00); and WHEREAS, CITY agrees to manage the staff and consultants to provide CITY SERVICES within the Maximum Obligation amount as amended herein; and WHEREAS, the AUTHORITY's Board of Directors approved this Amendment No. 2 on October 11, 2021; and WHEREAS, the CITY's Council approved this Amendment No. 2 on the 13th day of December 2021. NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and CITY that Agreement No. C-6-1126 is hereby amended in the following particulars only: 1. Amend ARTICLE 3. RESPONSIBILITY OF AUTHORITY, as follows: a) Page 5 of 18, paragraph EE: to delete in its entirety and, in lieu thereof, insert: "EE. To reimburse CITY for combined costs identified as "CITY SERVICES", and in accordance with the attached REVISED SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES, CITY OF SEAL BEACH." Page 2 of 4 AMENDMENT NO. 2 TO AGREEMENT NO. C-6-1126 1 b) Page 5 of 18, paragraph GG: to delete in its entirety and, in lieu thereof, insert: 2 "GG. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined maximum 3 amount shown on REVISED SCHEDULE A." 4 2. Amend ARTICLE 7. MAXIMUM OBLIGATION, page 13 of 18, to delete in its entirety and, in lieu 5 thereof, insert: 6 "Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually 7 agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be "Seven Hundred 8 Forty Thousand Six Hundred Dollars ($740,600.00) unless agreed to and amended by both Parties. In the 9 event it is determined that pavement mitigation is required, AUTHORITY's maximum cumulative obligation 10 for pavement mitigation shall be addressed in a future amendment to this Agreement." 11 3. Amend Agreement's "SCHEDULE A, REIMBURSEMENT SCHEDULE FOR COMBINED CITY 12 SERVICES, CITY OF SEAL BEACH, Amendment No. 1" delete SCHEDULE A in its entirety and, in lieu 13 thereof, insert the "REVISED SCHEDULE A, REIMBURSEMENT SCHEDULE FOR COMBINED CITY 14 SERVICES, CITY OF SEAL BEACH, Amendment No. 2" attached to this Amendment. 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 2 TO AGREEMENT NO. C-6-1126 The balance of Agreement C-6-1126 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-6-1126 to be executed on the date of the last signature below. CITY OF SEACH BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY 0 Joe Kalmick Mayor ATTEST: By: Gloria D. Harper City Clerk APPROVAL RECOMMENDED By: Steve Myrter, P.E. Public Works Director APPROVED AS TO FORM: By. Craig A. Steele City Attorney Attachment: M Darrell E. Johnson Chief Executive Officer APPROVED AS TO FORM: By: James M. Donich General Counsel MJ APPROVAL RECOMMENDED: James G. Beil, P.E. Executive Director, Capital Programs Revised Schedule A — Maximum Reimbursement Schedule for Combined City Services, City of Seal Beach Page 4 of 4 AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-6-1126 REVISED SCHEULE A REIMBURSMENT SCHEDULE FOR COMBINED CITY SERVICES CITY OF SEAL BEACH (1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this Agreement, the CITY may redistribute funds for items of work as needed; however, the total amount for CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein. (2) In the event it is determined that pavement mitigation is required, this amount will be determined after CONTRACTOR is hired by the Orange County Transportation Authority and shall be reimbursed as a one-time, lump sum amount upon execution of an amendment to this cooperative agreement. Maximum Item Reimbursement Description Reimbursement No. Amount' 1 Review and approval of plans, specifications, and other pertinent engineering plans and reports, Traffic Management Plan (TMP) review and concurrence, and construction oversight $541,900 inspection services related to City of Seal Beach (CITY) Facilities. 2 Traffic engineering and detour inspection $103,100 3 Police services (including overtime costs) $95,600 4 Pavement rehabilitation (if applicable) $TBD2 TOTAL MAXIMUM REIMBURSEMENT $740,600 (1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this Agreement, the CITY may redistribute funds for items of work as needed; however, the total amount for CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein. (2) In the event it is determined that pavement mitigation is required, this amount will be determined after CONTRACTOR is hired by the Orange County Transportation Authority and shall be reimbursed as a one-time, lump sum amount upon execution of an amendment to this cooperative agreement. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility SUMMARY OF REQUEST: That the City Council adopt Resolution 7222: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2020-2021 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2020-2021; and, 3. Directing the City Manager to submit the M2 Expenditure Report to OCTA no later than December 31, 2021. BACKGROUND AND ANALYSIS: In November of 1990, the voters of Orange County approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M created a fund for transportation improvements to mitigate traffic impacts generated by existing and proposed development. Measure M authorizes the imposition of an additional half -cent retail transaction and use tax for a period of twenty (20) years. In November 2006, Measure M was renewed by the voters of Orange County for an additional thirty (30) years, and is now known as Measure M2. Funds identified as Measure M2 "fairshare" funds are used on local and regional transportation improvement and maintenance projects. Other Measure M2 funds for transportation related projects are made available through several competitive programs included in the Comprehensive Transportation Funding Program (CTFP). Agenda Item I To be eligible to receive Measure M2 "fairshare" and CTFP funds, the City must annually and/or biannually satisfy the requirements below: 1. Demonstrate compliance with the County's Congestion Management Program; and, 2. Maintain a mitigation impact fee schedule; and, 3. Adopt a seven-year Capital Improvement Program that includes all transportation projects funded partially or fully by Measure M2 dollars; and, 4. Adopt and adequately fund a Local Pavement Management Plan (PMP); and, 5. Adopt a Traffic Demand Management Ordinance; and, 6. Satisfy Maintenance of Effort (MOE) Requirements; and, 7. Agree to expend all Measure M2 revenues within three (3) years of receipt; and, 8. Provide a year-end expenditure report. The City of Seal Beach successfully submitted all required items above to OCTA by the required annual deadline of June 30, 2021. The year-end expenditure report is required to be submitted by December 31, 2021. This report summarizes all Measure M2 expenditures for the prior fiscal year. A copy of the report is attached. By approving this report, it will allow the City to continue to receive OCTA Measure M2 funds. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that adoption of the yearly M2 Expenditure Report, will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The City received $353,894 in Measure M2 "fairshare" funds during the last fiscal year. Additionally, the City of Seal Beach remains eligible to receive funding for the numerous competitive grants secured within Measure M2. Page 2 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 7222: 1. Finding that the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for fiscal year 2020/2021 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting the M2 Expenditure Report for fiscal year 2020/2021; and, 3. Directing the City Manager to submit the M2 Expenditure Report to OCTA no later than December 31, 2021. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. QSD, Associate Engineer ATTACHMENTS: A. Resolution 7222 B. Fiscal Year 2020/2021 Measure M2 Expenditure Report Page 3 RESOLUTION 7222 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SEAL BEACH FOR FY 2020-2021 WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and, WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and, WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and, WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and, WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of M2. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The Measure M2 Expenditure Report for fiscal year 2020/2021, attached hereto as Exhibit "A" and incorporated herein by this reference, is in conformance with the M2 Expenditure Report Template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. Section 2. The M2 Expenditure Report is hereby adopted for the City of Seal Beach. Section 3. The City of Seal Beach Finance Director/City Treasurer is hereby authorized to sign and submit the M2 Expenditure Report for the fiscal year ending June 30, 2021 to the Orange County Transportation Authority no later than December 31, 2021. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7222 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk City of Seal Beach M2 Expenditure Report Fiscal Year Ended June 30, 2021 Beginning and Ending Balances Schedule 1 Description P Line Amount Interest No. Balances at Beginning of Fiscal Year --....... •-------------------------- . ........ ._._. A -M ; Freeway Praject5 - - 1 $ _ _ O °Regional ---I......ty . ram (RCP) _.........._ .......__ ---2--- $m naa� a(398,148.g00) �$---------------•----- P :Regional Traffic Signal Synchronization Program (RTSSP) 3 $ 357,462.00 $ Q ;Local Fair Share4 $ 1,241,782.00 - R :High Frequency Metrolink Service .a_-_r_--.a.-----•------.-___-_-a.-__-------------••---------••-- 5 $ _ $------••-•----------- S Jransit Extensions to Metrolink ......... ....... .........••••--- $ - $ _ 'Convert Metrolink Station(s) to Regional Gateways that T ;connect Orange County with High -S eed Rail Systems ---n 3 ----••• •--......--•,........ P ...._....-r_._.- ----- 7 •----•-- $ ••---•---•--------- $ D 3Senior Mobility Program or Senior Non -Emergency Medical 8 ---- -- ---------•------------ -• - --- -• ---------- -----..-..---••------•- $ (94,864.00) $ _ V Community Based Transit/Circulators __ •..--------------- ----•-•-- 9 ------- ------------ $ _ ------ $ W ~Safe Transit Stops---- �X- - _ -• 10 $-------------------.. H$..........-- - -'- 3Emvironmental Cleanup Program. (Water _Quaiity�............ ---------- - - - 5, $rr•»...-(235,483.00) $ .�....-.......- Other*----------------- 12 $ -- ---. $..,......... -- _ Balances at Beginning of Fiscal Year ............................•---..........---- --,------------- 13 $ 870,749.00 $ - Monies Made Available During14 Fiscal Year •-- ------------------------- $ 714,926.00 $ 14,518 Total Monies Available (Sum Lines 13 & 14j ....---- ---- ----- - --------•-•-------•---•- ---- 15 ---- $ 1,585,675.00 $ 14,518 ;Expenditures During Fiscal Year 16 ................ $ 1,281,867.00 .......... -----•-••-1•-- $ 14,518 Bala-----------------------ces at End of Fiscal Year A-M;Freeway Projects ..._.. n-sll ll------ ------•-------------- ---------------------- ...----- - - --17 $ $ O ;Regional Capacity Program (RCP) - - 18 ---•-----........ - $ (398,148.00) ----------- ...... $ _ _ _ - . ' •• +. P ;Regional Traffic Signal Synchronization Program (RTSSP) 19 $ 223,650.00 $ Q' :Local Fair Share --------------- ------ -----......- --Z0--- $-------,172,975.00 '$........... R High FrequencyMetrolinkService --- - - ------------------------------------------------------ 1--., - 21-- $------- $---------•-----•..... .-----•--.,-•-__------- S ;Transit Extensions to Metrolink -------•--..----------- -..... ----•--•............................ - ----- -- •....... -- -------------------- _ $ -•-..--- $------------------- . T 'Convert Metrolink Station(s) to Regional Gateways that - ------------ .. ------................ ;connect Orange County with High -Speed Rail Systems ----------- ------- -----------------•------------•- A._n 23 $ - $ D aSenior Mobility Program or Senior Non -Emergency Medical ..............-•----•-•-•-------......__._...___-•-...... Pro rarn ---.-'--. ----.-....-------••-------------------------------------- ------------------------ 24 $ (146,028.00) $ - V ;Community Based Transit/Circulators ................ ......--------- a ..-.... ----A---- --------- 25 -- ............ _. _ --. - W ;Safe Transit Stops _.. _....,,._,..,_v...,.,...___,._-..-...-_....,.:..,,:...................- ......... 26 -$--------•------•------ $--------.......rr -$---------------------- $----------•-••-._...:. X 3Environmental Cleanu Program (Water Quality) --a--- ----------- ---•. . _n.e.__n__------nn_.,n-ave--•.......... --------. 27 —•-- $ 18 820.00 . Other* .... 28 ..,..._......_._...._..... $ (529,821.00) .... --...... -...... .---- $ - * Please provide a specific description Other* Pedestrian Ways & Bikepaths line 5 is ATP Grant Other* Storm Drains Line 6 is OCTA 1-405 Settlement Other* Overlay & Sealing Line 12 is SBI Funding City of Seal Beach M2 Expenditure Report Schedule 2 Fiscal Year Ended June 30, 2021 Sources and Uses Description P Line Amount Interest No. Revenues: - A -M : FreewaP rojects ............... 1 $ $ --------------------------•---- O :RegionalCapacity Program (RCP) - - -• ...,..................-v-__-. 2 $ ------•....... $ -•--- _ ......-----•--------------...---••----•-•-- _-P _Regional Traffic Signal Synchronization Program (RTSSP) ---------------------------- 3 $ . -..... $ _ Q :Local Fair Share -���- .yHigh 4•• -$- ---425,243 $ 14,518 R Frequency Metrolink Service • ................•...........-_..--... -S -aTra 5 •_$ •--- --------- -$.............- _ nsit.........................................................Extensio ns to Metrolink_____________-..-------- - 6__ $ ..-----==---•= :Convert Metrolink Station(s) to Regional Gateways that connect .................. -- - ...---..-.--•-.. ... $ T :Orange County with High -Speed Rail Systems 7 $ r _ 3---------------------------------------------------------------------------- U ;Senior Mobility Program or Senior Non -Emergency Medical Program _ _-. __ __ .8 _ ..---- $ 73,020 ------».-..---_ - V .Community Based Transit/Circulators 9 $ - -$ - $ --_ _ W_#Safe Transit Stops :...._»--------------------•------ 10 $ - - .$ -. --- -. ---------------- -- X :Environmental Cleanup Program (Water Quality) ________________..____-_n,..•.._,.____--.,_-,.-_______-„n-__-__n_.----- 11 $ .. 216.663 $ - ___..-_-.,,.___ ;Other* -- 12 -$ ....._ $ --------- _ -____aa.___......_. $ TOTAL REVENUES (Sum lines 1 to 12) 13 $ 714,926 $ 14,518 Expenditures: •_»--------••- ---------- .A-M: Freeway . ------------ -- ----------- ...... - 14 $ $ - .....-•---•.................. O :Regional Capacity Program kK�F) ------------ ................................................. - ------------------- . _ ...------•- -- P :Regional Traffic Signal Synchronization Program (RTSSP) _____�--------------- ______._,._______.-�------ _------------ 16 $ -- - 133,812 �$ -----•-•------ ..-.,..----......... Q :Local Fair Share ............................ -....... --------------------------------------------- .- __----__ 17 ----•-- _......--..__....._ $ -••--•----••------• 494,050$ .._,...._.--------- 14,518 R :High Frequency Metrolink Service 18 $ - ................... $ - 5 TransitaExtensions to Metrolink....._ $ -$ - ---•-----..............•-•• :Convert Metrolink Station(s) to Regional Gateways that connect --19 ............ ...............: T ;Orange County with High -Speed Rail Systems ---- ----------------- .. - .---- -............................... 20 $ - $ -.............. _ 'Senior Mo i it Program or Senior Non -Emergency Medical Program 21 ----•.............. .......----- ...... - - V :Community Based Transit/Circulators .................................................... 22- ..... ............. ------ - I.......................... W 'Safe Transit Stops .. _.«.,..3_.......__.. -- '-----------------------..-...........__._............ 23 ....'...............__ $ - ................... $ _ .. --------- X :Environmental Cleanup Program (Water Quality) ------ --------- -....., 24 ..................... ----. ------------ ;Other* 25 ................-------------- $ 529 821 ................. $ TOTAL EXPENDITURES (Sum lines 14 to 25) 26 $ 1,281,867 $ 14,518 TOTAL BALANCE (Subtract line 26 from 13) 27 $ (566,941) $ I * Please provide a specific description Other* Pedestrian Ways & Bikepaths line 5 is ATP Grant Other* Storm Drains Line 6 is OCTA 1-405 Settlement Other* Overlay & Sealing Line 12 is SB1 Funding - O+ n 0 0 0 O O � • � l vnl 3 O " O � M .ai N trv0 3 � m - � 6 K o — W N d m •_ O G v o � c o 2 o E m � d m o N 2 c y � C O > .O I N O iJ oX N T Nj... NrN N1N N�i/. tA�v.•iA`N v �O r- G Nlv. � U IY K 2 H V Z A U Pm � a O W r" - 'm { m O � { X N - N V 1 v. N N h N N G l7 X [ v. f o 1 � m '• —_ V'• VT N N r N h� N� h V m� N {{{{ I- �n`� [ o � a ! 1-1—id ! I '^ • 4 '^ '^ .n I — I I vi N N > E X S C l ii IF v ° m 5 �N• ' l li I j � w v • ' n LL r f i� I e I � � u° a c in - w m I i� V 1 1 I • m b l m l O1 M 02 N n V ry O m q W O v Jo t ln : oo riz A2vi { mE c c 5 l 1pi w E E 2a 15 `= w Ei v w z" " iT1 ` i2 I v alo' Flo N- �. c d q C y Z C - O+ n 0 0 0 3 V m O c E o 6 K o — W N d m •_ O G v o � c o 2 o E m � d m o N 2 c y � C O > .O a" " N O iJ oX N T v �O r- G >""LLwvIQ'�G` IY K 2 H V Z A U Pm � a - O+ n 0 0 0 City of Seal Beach M2 Expenditure Report Fiscal Year Ended June 30, 2021 Local Fair Share Project List PROJECT NAME AMOUNT EXPENDED ST1811 Lampson Bike Trail Gap Closure Project ,_ $ 56,245.26 ST2001 Annual Slurry Seal Program $ 174= 034.16 ------------------------------------•---•--•-•-•------•-----------------------•--------•--••---_------ ST2 _q City Wide Traffic Signal Improvement Project $ 34 528.04 ST2101 Annual Slurry Seal Program ... ..--- — ._..------ . .-----•--- ------ $ ---------23 2,905.27 ST27,06 Citywide Traffic Signal Improvement P...ect ___- $ 5 854.87 ST2110 Westminster and Seal Beach Blvd -Right nTurn Study Project -^----_ $ ,- • ,,-� 5:000.00 ----------------------.....__................. --_.......... �.........------- - - ---••------------•- .......................................................................... � I ............................. $ 508,567.60 Schedule 4 City of Seal Beach M2 Expenditure Report Fiscal Year Ended June 30, 2021 I hereby certify that: Signature Page ,,<All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge; ,XThe interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated; The City of Seal Beach is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; The City's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and XThe City of Seal Beach has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to one of the maintenance of effort requirements below10: A) The City met the existing FY 2020-21 MOE benchmark dollar amount. B) The City met a proportional MOE benchmark amount of FY 2020-21 General Funds Revenues that is at least equal to the percent listed in column C of Exhibit 2 in the M2 Eligibility Guidelines. V-90 M -TQW0r6 %I bk, a❑ Director of finance (Print Name) Dat Signature 10 An actual General Fund Revenue excerpt from a jurisdiction's Comprehensive Annual Finance Report (CAFR) must be provided as backup documentation. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Awarding and Authorizing the City Manager to Execute Maintenance Services Agreements with LEED Electric, Inc. and Baker Electric, Inc. for On -Call Electrical Maintenance and Repair Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7223: 1. Approving and awarding a maintenance services agreement with LEED Electric, Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a maintenance services agreement with Baker Electric, Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and Repair Services for a three-year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. BACKGROUND AND ANALYSIS: The City owns and maintains a number of facilities that require routine electrical maintenance and repairs to ensure its serviceable life. This includes City Hall, Police Department, Lifeguard Headquarters, and various community parks and buildings. The City also maintains a number of water, sewer, and storm drain stations that are crucial to the community's health and safety. This includes proper treatment and delivery of potable water, conveyance of wastewater, and sufficient pumping of storm water. Vital to ensuring reliable service is the maintenance of various interconnected electrical controls and instrumentation. Agenda Item J Depending on the scope of work, the process to retain contract services can take up to four months from the time of bid solicitation to purchase order issuance, which is not feasible for emergency and unplanned situations. In an effort to streamline maintenance and repair needs, and provide readily available contract support, staff issued a Request for Proposal (RFP) to provide On -Call Electrical Maintenance and Repair Services. On October 8, 2021, staff received three (3) proposals. The evaluation panel comprised of Public Works staff rated the proposals based on their overall qualification, experience, availability, familiarity with the City's policies and standards, approach, cost proposal, amongst other factors. Based on the aforementioned, the following firms were deemed most qualified. Reference checks for these firms indicate satisfactory proficiency and experience to provide the requisite services. • LEED Electric, Inc. • Baker Electric, Inc. Staff reviewed each firm's fee and cost proposal and found them to be consistent with industry standards. With the exception of an emergency, the scope and fee for each task will be agreed upon between the City and contractor through a letter proposal based on the established Fee and Cost Proposal. In an emergency, the fee would be based on the rates specified on the established Fee and Cost Proposal. Similar to other City on-call agreements, expenditures over the adopted City Manager's contract authority will be brought to City Council for approval. In an emergency, expenditures will be brought to City Council for ratification after the emergency work is completed. The contract term is three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. Each contractor's agreement is in a not -to -exceed amount of $300,000 for the three-year original term. Each one-year term extension is in the amount of $100,000. Due to the on-call nature of this agreement, work is not guaranteed to the contractor. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of maintenance services agreements with LEED Electric, Inc. and Baker Electric, Inc., will not have a significant effect on the environment. All maintenance and repair services under these Agreements will comply with all requirements of the California Environmental Quality Act (CEQA) and will generally be categorically exempt under Sections 15301 and 15302. Environmental impacts associated with each task order will be assessed under a separate effort. Page 2 LEGAL ANALYSIS: The City Attorney has approved the agreements and resolution as to form. FINANCIAL IMPACT: Costs incurred under the Agreement would be charged to the appropriate fund account. Therefore, no additional appropriation is required at this time. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7223: 1. Approving and awarding a maintenance services agreement with LEED Electric, Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a maintenance services agreement with Baker Electric, Inc., in the amount of $300,000 to provide On -Call Electrical Maintenance and Repair Services for a three-year term; and, 3. Authorizing and directing the City Manager to execute the Agreements; and, 4. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer Page 3 ATTACHMENTS: A. Resolution 7223 B. Agreement with LEED Electric, Inc. C. Agreement with Baker Electric, Inc. Page 4 RESOLUTION 7223 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE MAINTENANCE SERVICES AGREEMENTS WITH LEED ELECTRIC, INC. AND BAKER ELECTRIC, INC. FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES WHEREAS, the City of Seal Beach (City) desires to retain a selected number of contractors to provide on-call electrical maintenance and repair services in both emergency and unplanned situations; and, WHEREAS, on September 15, 2021, the City issued a Request for Proposals for On - Call Electrical Maintenance and Repair Services; and, WHEREAS, on October 8, 2021, the City received three (3) proposals in response to the Request for Proposal; and, WHEREAS, the City performed a detail review and evaluation of the proposals and deemed the following firms as the most qualified to provide such services: • LEED Electric, Inc. • Baker Electric, Inc. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. A. The City Council hereby awards a three (3) year Maintenance Services Agreement (Agreement) to LEED Electric, Inc. for On -Call Electrical Maintenance and Repair Services in a not -to -exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. C. The City Council hereby authorizes the City Manager to extend the Agreement with LEED Electric, Inc. for up to two (2) additional one- year terms, at her discretion, in a not -to -exceed amount of $100,000 per one-year term extension. Section 2. A. The City Council hereby awards a three (3) year Maintenance Services Agreement (Agreement) to Baker Electric, Inc. for On -Call Electrical Maintenance and Repair Services in a not -to -exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. C. The City Council hereby authorizes the City Manager to extend the Agreement with Baker Electric, Inc. for up to two (2) additional one- year terms, at her discretion, in a not -to -exceed amount of $100,000 per one-year term extension. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7223 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk MAINTENANCE SERVICES AGREEMENT for On -Call Electrical Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 LEED Electric, Inc. 13138 Artic Circle Santa Fe Springs, CA 90670 (562) 270-9500 This Maintenance Services Agreement ("the Agreement") is made as of December 13 2021 (the "Effective Date"), by and between LEED Electric, Inc., a California corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task electrical maintenance and repair services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals ("RFP") on September 15, 2021, titled "On -Call Electrical Maintenance and Repair Services." Contractor submitted a proposal dated October 7, 2021, in response to the RFP. C. Contractor represents that the principal members of its firm are qualified California licensed contractors License #379096, DIR 1000004633 and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Contractor as an independent contractor and Contractor 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. Strictly on an on-call basis, Contractor shall provide those electrical maintenance and related repair services (collectively "Services") in the Request for Proposals attached hereto as Exhibit A, and Contractor's Proposal attached hereto as Exhibit B, and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 2of19 the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on December 13, 2024, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from December 13, 2024 through and including December 13, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from December 13, 2025 through and including December 13, 2026, 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 Contractor's Compensation 3.1. In consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed amount of $300,000 (Three Hundred Thousand dollars and 00/100) for the Original Term. 3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 3 of 19 Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor's performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 (One Hundred Thousand dollars and 00/100) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 4 of 19 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Seyed A. Jamali Dinan is the Contractor's primary representative for purposes of this Agreement. Seyed A. Jamali Dinan shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: LEED Electric, Inc. 13138 Artic Circle Santa Fe Springs CA 90670 Attn: Seyed A. Jamali Dinan 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the 5 of 19 Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 6 of 19 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, 7 of 19 discussion, or other information (collectively "Data & Documents") developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer E-3on51• software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, 9 of 19 whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 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 and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 10 of 19 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall 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. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 11 of 19 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not 12 of 19 comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under Section 18.0. 17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duty. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 13 of 19 independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such 14 of 19 statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 15 of 19 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 16 of 19 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such 17 of 19 correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 31.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 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 18 of 19 between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Attest: in Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to Form: as Craig A. Steele, City Attorney CONTRACTOR: LEED Electric, Inc., a California corporation By: Name: Seyed A. Jamali Dinan Its: Chief Exec tive Officer By: 0 - Name: Rodney Dean Its: Vice -President (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 19 of 19 EXHIBIT Request for Proposals for On -Call Electrical Maintenance and Repair Services City of Seal Beach Request for Proposals for On -Call Electrical Maintenance and Repair Services RFP responses to be received until 2:00 P.M., October 8, 2021 in the Public Works Department ATTN: Iris Lee, City Engineer/Deputy Public Works Director Approved for Advertising: Iris Lee City Engineer Date Issued: September 15, 2021 ( Y *a f Publ/c WirKs Table of Contents INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Fee & Cost Proposal EXHIBIT B — Sample Contract xhibit samples removed as part of final agreement. 2 ( Y *a f Publle WirKs REQUEST FOR PROPOSALS FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee =,sealbeachca.gov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. INTRODUCTION The City of Seal Beach ("City") owns and operates municipal facilities and utility infrastructure that are powered by electricity and equipped with motor systems. The City is seeking one or more well-qualified contractors who would be available to provide on-call electrical maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three 3 ears. The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary as identified in the scope of work. The final agreement amount and term will depend on the quality, diversity, responsiveness of the received proposals, and the future need for emergency and unexpected task work. The scope, work schedule, and fee for repair services will be negotiated on a task -by -task basis. The City reserves the right to not accept the Contractor's scope and fee. Due to the on-call nature of this contract, no work is guaranteed, even if awarded QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class C10 -Electrical license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional electrical maintenance and repair service. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. 3 _.� P�rir!!c �Ysrxs • Registered with the Department of Industrial Relations. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. Familiarity with public sector maintenance and repair contracts. • Adequate availability of key team members. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform electrical maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The work may include, but is not limited to, complete troubleshooting/evaluating, laying out, installing, repairing, routing/rerouting, replacing, wiring, testing, and inspecting electrical services, electrical wire systems, and components used to provide heat, light, power, air conditioning, refrigeration, pumps, motors in municipal buildings, facilities, and utilities. Services may also include installing and repairing conduits and other materials; connecting electrical machinery equipment, controls, and transmission systems and service other electrical related issues that may arise and services necessary to ensure safe, well maintained electrical systems. Work shall comply with the National Electrical Code, California Mechanical Code, Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any related codes, specifications, standards, policies, and regulations from Agencies Having Jurisdiction (AHJ's). Repair Work Repair Work will require a written cost proposal from the contractor and approval from the City prior to commencing work. Work shall be charged according to the Fee and Cost Proposal. The cost incurred for any materials and parts used by the contractor shall be billed to the City with up to a 15% mark-up. Invoices submitted to the City for payment must include back-up documentation indicating the price charged to the contractor for materials. The hourly rate charged to the City shall be for time spent on the job — driving to and from the job site is not included in that cost. Prior to payment of invoices, contractor must furnish preventative maintenance checklists for each location serviced that clearly identifies the work completed at each site. No additional compensation will be allowed for extraordinary repairs. 4 ( Y *a f Publle WirKs IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by October 1, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 9/15/2021 10/1/2021 10/8/2021, 2:00p.m. October 2021 November 2021 December 2021 Proposals are due by 2:00 PM on October 8, 2021 to the following. Postmarks will not be accepted. Iris Lee City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection 5 .,� !vow,,/ Mile Works under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References List of Subcontractors Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. M. _.� P�rir!!c �Ysrxs • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. Contractor's license and class, DIR registration, address, phone number, and type of work shall be provided for each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements. Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request. Fee & Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for On -Call Electrical Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Contractor shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Contractor's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Contractors. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Contractor(s), if necessary. 7 ( Y *a f Publ/c WirKs VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (35 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Provide as reference the name of at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years. 3. Organization & Approach (30 points) a. Contractor's understanding of requested Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and/or non -emergency Work. c. Contractor's availability to complete both small and large scale services without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or form a quality sub -contracting team. e. Contractor's understanding of the nature of public sector work and its decision-making M. , !vow,,/ Mile Works process. f. Contractor's proposal conforming to the Request for Proposals and Professional Maintenance Agreement. 4. Fee (35 points) a. Fee & Cost proposal b. Quality of sample letter proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to include a list of sub -contractors with the Proposal, if applicable. A form for this purpose is found herein. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be M ( Y *a f Publle WirKs required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Staff The Contractor shall require each of his/her employees to adhere to basic standards of working attire and other gear required by State Safety Regulations, and proper wearing of clothing. b. Typical Tasks Contractor shall supply staff with the necessary skills to perform duties in connection with electrical maintenance and repair services. c. Licenses Contractor shall possess a valid Contractor's "C-10" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the electrical maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicle and Equipment Maintenance All vehicles and equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. b. Storage of Equipment 10 .,� !vow,,/ Mile Works The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. METHOD OF WORK The electrical maintenance and repair work shall involve all work necessary to complete the work in place. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Where applicable, Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach, applicable Building Codes, Equipment Manufactures specifications, and other governing bodies or Agencies Having Jurisdiction (AHJ's). The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. TRAFFIC CONTROL The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Payment for traffic control shall be included in the various items in the cost proposal. PROTECTION FROM DAMAGE The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be 11 .,� !vow,,/ Mile Works safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. PROTECTION OF EXISTING UTILITIES The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests should be requested through USA (1-800-422-4133). TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. AUTHORIZATION OF WORK Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within three (3) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and 12 Publ/c WirKs • A detailed Work schedule. No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal or notice to proceed. PROGRESS OF WORK Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. ALTERATIONS The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. EXTRA WORK 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. ACCEPTANCE OF WORK DONE The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with the referenced specification, and if applicable, accepted. BILLING FORM, RECORDS, AND REPORTS The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of 13 .,� !vow,,/ Mile Works such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. WITHHOLDING OF PAYMENT If, in the event that deficiencies are determined by City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due for Work not performed will be based upon the cost worksheets, which are to be submitted at the time of submittal of the Letter Proposal plus mark-up. XI. GENERAL CONDITIONS A. Signature The Letter Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.seaIbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and 14 .,� !vow,,/ Mile Works state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the proposal. 15 EXHIBIT B Contractor's Proposal W LIC. # 379096 C10,A Power, Control and Instrumentation Contractor Since 1979 MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION 13138 ARCTIC CIRCLE I SANTA FE SPRINGS I CA 90670 TEL: (562) 270-9500 FAX: (562) 863-5723 www.LEEDELECTRIC.com CITY OF SEAL BEACH REQUEST FOR PORPOSALS FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES October 7, 2021 ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications LEED Electric, Inc. is pleased to submit this executive summary as the electrical subcontractor for this request for proposal for the City of Seal Beach, On -Call Electrical Maintenance and Repair Services. LEED Electric has provided quality services through a long 42 year history with the County of Los Angeles, the City of Los Angeles, County of Orange, the Metropolitan Water District of Southern California, the Department of Water and Power, Long Beach Water Department, City of Santa Monica Water Resources Division and most recently the Water Replenishment District (WRD) of Southern California and Los Angeles Wastewater Information Network System (LAWINS). Leed Electric, Inc. is a qualified Small Business with the State of California Department of General Services as well as County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise (LSBE) Preference Program. Numerous other public works projects have been successfully completed for virtually every local City and/or County governmental agency including Orange County Water District, Orange County Sanitation District, Los Angeles County Sanitation District, State of California Water Resources and other state agencies. LEI currently holds Electrical Maintenance Service contracts with the County of Los Angeles Seawater Barrier Telemetry Maintenance, Long Beach Water Department, WRD of Southern California, City of Santa Ana, City of Santa Monica, City of Montebello and Mesa Water Agency, we look forward to working with the City of Seal Beach. LEED Electric, Inc. employs local tradesmen affiliated with the International Brotherhood of Electrical Workers, and is signatory with IBEW locals from Ventura to San Diego County, and complies with Project Labor Agreements (PLA). Leed Electric has extensive experience in industrial water related projects and intricate electrical control projects in the greater Los Angeles, Orange County and Riverside County areas. LEI is dedicated to on-time delivery of materials, labor and services for construction endeavors at all times, and along with the on-time delivery LEI responds to all inquiries for service in a timely and professional manner, with a commitment to provide the products or services meeting or exceeding the specifications of the customer. LEED Electric, Inc. (LEI) is a local full service electrical contractor with extensive experience in public works projects, having successfully completed hundreds of public works contracts during their 42 - year history -from a high end of $7.OM to various projects in the $500K to $2.OM ranges. In addition to the minimum qualifications for participation in this Electrical Pre -Qualification, LEED Electric offers: • 42 -year history of excellent working relationship with public agencies throughout California • Southern California locally based operations, with an Orange County Office in Aliso Viejo and our Corporate Office Located in Santa Fe Springs, CA, with satellite offices in Huntington Beach, Santa Clarita and Riverside. • LEED Electric is registered with the DIR. • Corporation registered with the State of California • Experienced project managers and staff as relates to compliance with goal -oriented projects • Over 20 Administrative Staff • Over 60 IBEW Union Electricians • 24 Hour Phone Line (888) 609-0872 • Locally hired union workforce with vast manpower capabilities 11 C o v e r L e t t e r Leed Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications • LEED Electric is a Licensed A & C-10 General Contractor and Electrical Contractor with the State of California. • LEED Electric is certified by the County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise Preference Program. • Fleet of over 30 pick up trucks with cross -top toolboxes containing power and hand tools. • Fleet of 2, 16FT F-550 Stake Beds, 4x4 F-550 Dually Diesel Service Truck, and 6 Ford F-350 Service Trucks In summary; our team of local craftsmen overseen by an experienced management team that consists of a Chief Executive Officer, Operations Manager, General Superintendent, Contract Managers, Senior Project Managers, Project Managers, Project Engineers, Assistant Project Managers, Project Coordinators, and Administrative Professionals to oversee quality products and services are provided and has the requisite expertise and experience in working as the electrical subcontractor for the City of Seal Beach. Some of our satisfied customers are included in the latter portion of this RFP or can be requested. We hope you determine that our qualifications meet your requirements. Please contact me Seyed A. Jamali Dinan, at sjamali@leedelectric.com or (562) 270-9500 with any questions. Our Designated Authorized Representative, Seyed A. Jamali Dinan, Chief Executive Officer 2 1 C o v e r Letter Leed Electric Inc. Oct. 8, 2021 Ln■ � � � City of Seal Beach IC C U RFP On -Call Electrical Maintenance and Repair Services ELECTRIC LEED Electric, Inc. — Statement of Qualifications 1 I T a b l e of Contents LEED Electric Inc. Oct. 8, 2021 Cover Letter Table of Contents 4 Section A Company Qualifications 5 Section B Local Staffing List 8 Section C Understanding/Approach 25 Section D References 27 Section E List of Subcontractors 41 Section F Sample Letter Proposal 42 Section G Cost Proposal 45 Section H Exceptions 49 Section I Business Entity 50 Section J DIR Registration Number/Contractor's License 56 Section K Contract Signatures 60 1 I T a b l e of Contents LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC BACKGROUND City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications LEED Electric Inc. is an experienced and highly -recommended full-service commercial and industrial electrical, control & instrumentation contractor. The company has a reputation for completing projects on time, within budget and to the client's satisfaction. The company's comprehensive knowledge of new technologies combined with the highly trained staff and more than 42 years of experience performing heavy contracting work make LEED Electric a provider of choice. LEED Electric began operations in 1979 performing work at oil refineries, chemical plants and aerospace facilities. Later began doing public work for various municipal and county facilities on pumping plants, water treatment plants, and sewage treatment plants installing power and control systems, automation/measuring systems. MISSION The mission of LEED Electric is to provide highest quality electrical, control & instrumentation installations performed safely by highly trained, skilled craftsmen to meet or exceed customer specifications. VERSATILITY Contracts ranging to over $5.0 million have been successfully completed. Maintenance programs with special rates designed to fit customer needs have been provided. PERFORMANCE LEED Electric has a consistent record of completed projects on or before target dates. SAFETY Strict adherence to safety standards is an integral part of daily operations. COMMUNICATION LEED Electric's experienced management team is concerned about completing projects correctly and on time. The company understands that growing reputation depends on it. Constant communications with field personnel enables project managers to stay informed of job progress insuring smooth operation to timely completion. LITIGATION LEED Electric has not had any litigation or threatened litigation against the firm that will affect the company's performance or completion of this proposed program. a. The organization has never been subject of litigation for failure to meet contracted obligations to deliver or supply electricity since its inception in 1979. b. The company has no breach of contract or criminal legal actions with potential liabilities above $50,000 or involving imprisonment (now or pending) against the company itself, any official, officer or employee of the company submitting qualifications over the last 42 years. c. LEED Electric has not filed for bankruptcy, is not currently in default of business loans and is not responsible for undisputed payments to suppliers or transporters which are over 60 days past due. 11 Section A LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications In addition to the minimum qualifications for participation in this Maintenance Services Contract, LEED Electric offers: • 42 year history of excellent working relationship with public agencies throughout California • Southern California locally -based operations • Experienced project managers and staff as relates to compliance with goal -oriented projects • Locally hired union workforce with vast manpower capabilities • LEED Electric is certified Small Business Enterprise (SBE) by the State of California Department of General Services, City of Los Angeles, and the County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise Preference Program. LEED Electric has prior experience in related projects and is extremely competent in the installation of Electrical, Instrumentation and Control Systems. 2 1 S e c t i o n A LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Firm Name LEED Electric, Inc. Corporate Office Address 13138 Arctic Circle, Santa Fe Springs, CA 90670 Corporate Phone and Fax Numbers Firm Phone # Firm Fax # (562) 270-9500 (562) 863-5723 Federal Tax ID # 95-3337191 Business Type S -Corporation Established 3/1/1979 in California DUNS No.: 09-916-2901 CAGE Code: OXJH1 0048-131380000-1 Exp. Date: 06/30/2022 Business License City of Santa Fe Springs, California License No. 379096 Exp. Date: 07/31/2023 State of California Contractors State License Board Contractor License A - General Engineering Contractor C-10 - Electrical Contractor DIR Contractor Registration DIR Registration No. 1000004633 EXP. Date: 06/30/2022 County of Los Angeles (LSBE) #139996 Exp. Date: 04/30/2022 SBE Certification State of California (Dept. of Gen Services) #36862 Exp. Date: 04/30/2022 NAICS 238210 Seth A. Jamali Dinan, Chief Executive Officer Principals/Officers Annette Iribarren, Corporate Secretary & Controller Darren Roesch, Operations Manager Rodney Dean, Vice -President & Chief Estimator Seth Jamali Dinan: 8 years Years with Company Rodney Dean: 18 years Telephone and Fax Numbers Phone # Fax # (562) 270-9500 (562) 863-5723 Seth A. Jamali Dinan Name, Title, Phone No., and Email of (562) 270-9500 Contact Person for the Proposal sjamali@leedelectric.com Total # of Employees with the Firm 100 WebVen # 13999601 31 Section A LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC CONTACT INFORMATION City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Management: Seyed A. Jamali Dinan — CEO (562) 270-9500 sjamali@leedelectric.com Field Supervisor: Gary Van Eede — General Superintendent (562) 899-8650 GVanEede@leedelectric.com Operations Manager: Darren Roesch — Operations Manager (626) 692-3330 droesch@leedelectric.com Superintendent: Cody Engelhardt — Superintendent (562) 45-5460 cengelhardt@leedelectric.com Project Manager: Kevin Schwab — Senior Project Manager (562) 270-9500 kschwab@leedelectric.com Support Staff: Assist with estimates and project documents. Anthony Santoro — Preconstruction Engineer (562) 270-9500 asantoro@leedelectric.com Terree Rola — Project Coordinator (562) 270-9500 trola@leedelectric.com Foreman Electrician: Edgar Salidvar Ron McClory Marlo Fria Sierra Ron Ellard Sean Eagle Additional Electricians as Necessary: Leed Electric may pull from its many Electricians or request additional Electricians from the Local IBEW 441 Union. 1ISection B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications RESUMES Led by Seyed A. Jamali Dinan, CEO of the company, the executive management team possesses impressive credentials, critical industry experience and education. The team, which comprises a combined industry experience of over 100 years, provides oversight and proficiency in all key functional areas of the business. Seyed A. Jamali Dinan, Chief Executive Officer: As CEO of LEED Electric, Mr. Jamali Dinan enhances the company's leading posture in the industry by implementing new strategies and technologies in the field and for in-house operations. He is responsible for leading the company into new product development and new market expansion, assuring its continued growth and prosperity. Mr. Jamali-Dinan oversees all aspects of company operations including: estimating, project management, accounting, purchasing, contact administration, project development, customer relations, and employment development for all employees. Mr. Jamali Dinan has over 18+ of experience in the field of general and electrical contracting and provides the intuitive real and nuanced insights needed to detect and assess the most inconspicuous challenges and undefined subtle issues and exact the precise solution for any situation. Mr. Jamali Dinan actively serves as the guiding influence to the entire management team as well as the other members of the firm. Mr. Jamali Dinan obtained his Electrical Engineering degree from the University of Nottingham in the UK in 1999 later on attended the University of Southern California (USC) receiving his MS in Construction Management in 2006. Prior to joining LEED Electric, Mr. Jamali Dinan worked as a Project Manager for over 14 years for a major General Contractor in the US and successfully completed construction projects ranging from $32M to a high end of $225M in value. Rodney Dean, Vice President/Chief Estimator: As Chief Estimator, Mr. Dean is responsible for the oversight and organization deployment of an estimating department, utilizing an in-house proprietary computer estimating system developed over a twenty -six-year period. Mr. Dean joined LEED Electric in 2002 as Chief Estimator and over the ensuing 18+ years has focused mainly on projects in water and wastewater treatment industry. 2 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Darren Roesch, Operations Manager: The Operations Manager is to oversee all operations, coordinate safety plans, control the manpower, provide for equipment scheduling and insure the production standards and project schedules are met. Aid as a problem solver on the project and interact with the General Contractor, Project Managers and Foreman, insure the proper training and serve as a Mentor for the Foreman in his area of control in order to maintain the High Standards of the Company. Mr. Roesch's educational background includes: I.B.E.W Local 11 Apprenticeship, Microsoft, Certified Systems Engineer, State of Calif. Journeyman Electrician License No. 132051, and Medium Voltage Cable Splicer. Mr. Roesch has 17+ years of experience, primarily on industrial projects consisting of petro/chemical, water/wastewater treatment, heavy manufacturing, internet infrastructure, and TELCOM facilities. He specializes in process control automation and upgrading existing systems and plants. Effective labor management, completing projects on time and under budget, and being orientated toward customer satisfaction are additional strengths. Mr. Roesch joined the LEED Electric Team in 2016, but has worked on several past projects in this field, some of which include: • West Basin Municipal Water District, West Basin Phase V Expansion, where he worked as a Superintendent for the Phase V expansion from 20 MGD to 60 MGD and received an Electrical Excellence Award for the project, and the project contract was over $5 million dollars. • Castaic Lake Water Agency, Rio Vista Water Treatment Plant Expansion Project, he worked as a Superintendent in charge of a crew of Foreman and Journeyman Electricians for the construction of a treatment plant electrical and instrumentation expansion, and again was awarded an Electrical Excellence Award for the project, and the contract amount was over $7 million dollars. • Metropolitan Water District of Southern California, Joseph Jensen Water Treatment Plant, he worked as a Superintendent, in charge of the installation Fluorosilicic acid upgrades, new chlorination storage & treatment facilities in a project valued at over $8 million dollars. Mr. Roesch is a valued addition to the LEED Electric team, starting out as our Superintendent and receiving the promotion to Operations Manager, he continues to lead, learn, educate and mentor others with his extensive knowledge of water and wastewater treatment facilities and has helped insure the growth of LEED Electric. 3 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC Gary Van Eede, General Superintendent: City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Mr. Van Eede has 28 years of experience. Primarily on industrial projects consisting of petro/chemical, water/wastewater treatment, heavy manufacturing, internet infrastructure, and TELCOM facilities. He specializes in process control automation and upgrading existing systems and plants. Effective labor management, completing projects on time and under budget, and being orientated toward customer satisfaction are additional strengths. As Superintendent his role is to Manage day to day field activities on multiple projects; Detailing and problem solving on design build projects. Assisting daily in scheduling and planning of projects; Safety and QC ongoing daily; management of field installations and field staffing requirements. His Education and Experience: CSUDH Construction Management, Cerritos College — Structural Welding Technology, Industry Tenure: 30 years, Professional Affiliations: IBEW Local 11, Certifications: State Licensed Electrician No. 109612, City of Los Angeles Certified welder License # P027427, EPRI Level 2 Instrument technician, Attributes Relevant to Water and Wastewater Facilities: Large project Microfiltration and RO membrane experience, Extensive Design -Build experience and Multiple expansion projects successfully completed in operating facilities. Francisco Miranda, Superintendent: Mr. Miranda is a United States Marine Corp Veteran. His electrical education was obtained at Electrical Training Institute. He comes to LEED Electric with 17 years of experience. His experience is vast, but he has primarily worked on petro/chemical, water/wastewater treatment facilities, heavy manufacturing, internet, infrastructure and Telcom facilities. He specializes in process control automation, upgrading existing systems, electrical/instrumentation, and motor control. Mr. Miranda prides himself in effective communication, customer satisfaction, building relationships with the client and contractor/trades, he effectively manages daily project activities, meets deadlines and utilizes resourcesefficiently, so that projects come in under budget. As a Superintendent his role is to oversee the daily project activities on multiple projects, quality control, detailing and problem solving on design -build projects, field installation, and field staffing requirements. Mr. Miranda's professional affiliations include: IBEW Local 11 and National Electrical Contractors Association. Certifications: State Licensed Electrician No. 141714. 4 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC Cody Engelhardt, Superintendent: City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Mr. Engelhardt joined the LEED team in July 2020, as our Orange and Riverside County Superintendent, he is a state certified, journeyman electrician with over 10 years of experience in the electrical industry. The projects that Mr. Engelhardt has been involved with have ranged from small single -owner operations to Fortune 500 e companies. Mr. Engelhardt is a goal -oriented individual with a customer service focus, he thrives in high energy, fast -paced work environments and enjoys working with others. His background includes all facets of electrical construction from ground up, to tenant improvement projects and service jobs as a journeyman and a foreman electrician. Mr. Engelhardt is extremely organized and adept in keeping records from project tracking to crewmember staffing logistics. Some of the projects Mr. Engelhardt has completed and/or been involved with are Tustin Fire Station #37, Berth 200 PV System, Vista/ Valley Substation Control Building for Southern California Edison, Crafton Hills Pump Station, as well many more, such as Irvine Valley College - Technology Building, BBraun Pharmaceuticals - Mixing Tank Replacement 2017 & 2018. His qualifications are: California State License Number #153070, OSHA 10 & 30, First Aid/CPR trained, Heat Illness, Arc Flash/Energized Work, QSP and Confined Space trained. Mr. Engelhardt is a great leader to our Orange County crews. Kevin Schwab, Senior Project Manager: Mr. Schwab started at LEED Electric in April 2019 and comes to us with over 40 years of experience in the Electrical Industry, some of his qualifications are noted in the latter of this statement following his career history, and He has been in past positions as Division Management and Business Development, Estimating, Purchasing Cost Management, and Logistics. Mr. Schwab supports the company as senior project manager bringing management level support to division personnel including estimators, project managers and superintendents, as well as interface with other trades for Electrical systems installations; Water/Wastewater, Oil and Gas, Underground Utility, Utility Grade Solar, Electrical Systems Infrastructure. Provide management level support to division personnel including staff management and training. Some of the projects Mr. Schwab has completed as Project Manager are: Los Alamitos High School Infrastructure Upgrade $ 10.5 Million, LA BCA DC Tillman Power Upgrade $ 7.7 Million Prime Contract MV Service and Infrastructure, OCSD P2 Demolition and UPS System Upgrade $4.8 Million, LACSD San Jose Creek $ 1.8 Million Sodium Hypochloride Upgrade, City of Torrance Amie Basin $485,000 Flood Control Upgrade, LACSD Carson UV Demonstration Service Upgrade Prime $585,000 and EBX II Craton Hills Pump Station Upgrade $ 10.8 Million. As evidenced by his many years of successful employment in the industry and extensive training which includes IBEW Local 11 Member, Accubid, Primavera OSHA 30, TWIC Certified, Master/JW Electrician Certification and possessing his own C-10 Electrical Contractors License, he brings skilled professional abilities in multiple fields of performance to each project. As a manager, he has the interpersonal skills needed to lead and direct others, while maintaining the integrity and timing of the overall project. 5 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC Michael Sanchez, Senior Project Manager: Mr. Sanchez started at LEED Electric in August 2020 and comes to us with 24 years of experience in the Electrical Industry and joins this team as a Senior Project Manager. He spent most of his career as a Senior Project Manager working for Rosendin Electric where he managed projects from $2M to $IOM. Mr. Sanchez, has also served as reputable operations manager, senior project manager, field superintendent, and foreman with more than 24 years of experience directing new development, expansion, and renovation initiatives for a number of top-ranking electrical contractors. Consistently meeting key project deliverables while ensuring superior quality and client satisfaction. Talented communicator, with demonstrated success in building valuable relationships with personnel, vendors, clients, city officials and government entities. Expertly manages multi -million -dollar projects for a wide range of sectors including transportation, municipal, hospitality, office, residential, gaming, retail, education, and healthcare. Areas of expertise include: Electrical Contracting Operations, Project Lifecycle Management, Contractor Management, Quality Assurance Team, Leadership, Recruitment, Training & Development, Budgeting & Estimating, Planning, Procurement Blueprints & Specifications, Safety Awareness, Scheduling, Client & Vendor Management. Some of his career background consists of: • Operations manager for the Ontario office location managing Project Management and Field Operations Managed numerous Projects between 250k- 7M as a SR. PM. Managing 3 PM's, 3 PE's, 2 PA's, Warehouse, Prefab, 18 Foreman, 50-100 field employees. Bid reviews, Cost to complete for 20+ projects. Directly report to Executive Vice President. • Senior Project Manager on Kaiser Hospital Projects $42M+ DB/DA and High rise in Downtown LA 12th & Fig. Signage. Manage all aspects pertaining to electrical portion of project, report to the Division Manager • Managed 3 large projects simultaneously all valued at $IOM+ • $142M initiative to expand the 2M+ sq. ft. 2.4B$ McCarran International Airport Facilitated project startup within 90 days of notice to proceed; included purchase orders & submittals for all material deliverables. City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications 6 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC Paul Bergeron, Senior Project Manager: Mr. Bergeron joined Leed Electric in December 2020 with an extensive background of 13 years of experience in the electrical industry by completing his Journeyman Wireman Program at Sanitago Canyon College in 2007 and receiving is certified general wireman license. Some of his education accolades are Electrical Project Supervision (EPS) 1-3, OSHA 30 -Hour Certification, First Aid and CPR Certification, Anti -Harassment and Claims Certification. City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Training, Pricing and Negotiating Change Orders Like a Pro Seminar, and Procore — Project Manager: Core Tools Some of the aspects he handles at Leed are Manage Project Engineer and Other Support Staff for Multiple Projects, Develop, Review and Coordinate Schedules with Owners, General Contractors, Subcontractors, and Field Superintendents, Review Bid Documents for Schedule Impacts, Conflicts with Other Trades and Potential Manpower Issues, Request, Review and Process Potential Change Orders, RFI's, ASI Drawings and Submittals, Provide Detailed Labor and Material Take-Offs/ROM's/Estimates/Change Orders for Scope Changes and Bids, Order Buy -Out Quotation Materials and Systems, Monitor Drawing Approvals and Schedule Material Arrivals, Coordinate the Procurement, Delivery, Installation, QA/QC, Testing, Startup, Commissioning and Close -Out of Multiple Projects, Provide Acceptable Billing Breakdown and Monthly Billings to the General Contractor and Coordinate with Various Jurisdictional Authorities and Update Owner on Inspections, Shutdown Requests, Job Walks, Schedule and All Other Activities. Some of the project he has worked on are: • OCWD — YLWD — HQ PFAS $2,489,063 • SoCal Gas — Industrial Electrical Services $4,000,000 • SDGE — Industrial Electrical Services $1,000,000 • LACDPW — West Coast Basin Barrier Project Unit 13 $1,021,941 • LACDPW — Low Flow Diversion System Wide Update $1,150,000 • IRWD — ZARRPS — Zone A Rattlesnake Reservoir Pump Station $2,287,000 • TIWRP — CIP 8170 — CISCO 11 — HWRP IPS Screw Pump No. 9 Replacement $35,654 • TIWRP — CIP 8542 — CISCO 10 — Advanced Water Purification Facility Phase 1 Chemical Piping Replacement $389,897 • TIWRP — CIP 5249 — CISCO 10 — EPP Pump #3 Train Rehabilitation $160,887 • City of Oceanside — Oceanside Beach Operations Facility and Restrooms Project Mr. Bergeron has improved his skills in this industrial and knowledge and connections while working for other major competitors in this industry such as starting out as a Project Engineer at Morrow -Meadows Corp, then Assistant Project Manager and finally to Project Manager over a 10 -year career while at Morrow -Meadows, as well as working for Anderson and Howard and Giannelli Electric and Whiting -Turner Construction for a few years before coming to Leed. We look forward to all that Mr. Bergeron has to offer and utilizing his extensive network base, skills and knowledge of this industry in the many years to come. 7 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC Antonio Bracamontes, Project Manager: Mr. Bracamontes joined LEED Electric, starting in August 2015, but he has over 18+ years' experience in the Industrial Electrical Project Management Field specializing in water and wastewater treatment facilities construction management. Mr. Bracamontes currently working as a Project Manager for LEI on several of its current projects and has also managed several industrial water/wastewater projects in the past some of which include: • City of Cypress Department of Public Works, Myra Ave. Pump Station No. 2 Reconstruction, worked as a Project Manager, interfacing with the Owner and General Contractor to coordinate the installation of a new Motor Control Center, VFDs, Pumps, a SCADA System and backup generator at a 45 year old pump station rehabilitation to prepare for the 100 year flood. City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications • Irvine Ranch Water District, Orchard Hills (PAI) ILP Turnout, worked a Project Manager to coordinate and oversee the installation of flow meters, pressure transmitters, an antenna mast, site lighting and electrical conduit and wiring for the new station for the water district. • Irvine Ranch Water District, Zone 3 to 4 Domestic Water PRV Site Northwood Reservoir, again worked as a Project Manager to oversee the field construction of the PRV station for the water district. Coordinated the installation of new MOV's, a service pedestal, pumps, and instrumentation. Mr. Bracamontes has Bachelors of Science in Electrical Engineering, emphasizing in Communication from the California State Polytechnic University, Pomona. Prior to joining LEED Electric, Mr. Bracamontes worked as a Project Manager for over 13 years for another local contractor, Beard Electric in Santa Fe Springs and 2 years working as an Electrical Systems Engineer with Trams International, Inc. before joining the Leed Electric team. 8 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC Jerry Romero, Project Manager: Mr. Romero joined LEED Electric in June 2018 to be a part of its Project Management Team. Mr. Romero has over a combined 23 years of experience in the electrical and instrumentation & controls industry. This includes site field superintendent positions in the heavy industrial construction sector, with a specialty in the water/wastewater, chemical plants, booster and lift stations. Mr. Romero has managed many industrial water/wastewater projects, some of which include: • City of Perris chemical treatment plant: This project consisted of a new freshwater treatment facility. Included in the scope of work were underground duct banks, manholes, service board, MCC, Pumps, instrumentation & controls, SCADA, PA and fire alarm systems. • City of Long Beach Haynes facility: This project was a design build reverse osmosis plant. Included in the scope of work were new pumps, VFD's, MCC's, motor operated valves and instrumentation and controls. • City of Anaheim, Lenain Water Treatment Plant, Contract Value: $2.3M, Installation of Switchgear, Motor Control Center, VFD's, Instrumentation and Control Panels, and Lighting. Role: Project Manager • Mission Village Temporary Pumping Plant and Force Main for new construction in the Valencia area. Installation of conduit, wire, Switchgear, Motor Control Center, new VFD's, Instruments, Control Panels and Lighting for a ground up new construction pump facility. Contract value: $664,488, role was Project Manager. Mr. Romero experience of accountability included submittals, material procurement, scheduling of field crews, as well as sub -contractors and startups. City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications 9 1 S e c t i o n B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Karen Ankenbauer, Assistant Project Manager: Ms. Ankenbauer has been in the electrical construction industry since 1999, starting at a small shop in the Los Angeles area (Angeles Electric) that mainly did TI and commercial work in the LA and Long Beach areas. Some of the project highlights at Angeles Electric were the: Marion Davie Rehab and Reuse project in Santa Monica, � �- Solar project at Burbank Airport and four floors at the Doctor's Hospital project. Some of Ms. Ankenbauer's responsibilities at Angeles included (not limited to): Billing, Collections, Completing Prequalification's, Preliminary Notices (and tracking 30, 60, 90 days after final labor so we didn't lose our lien rights), T&M pricing and billing, Change Order processing and updating SOV's for billing. From Angeles Electric Ms. Ankenbuauer went to Doty Bros. where her primary functions were Bid Coordination, Job Walks, Some Estimating, submittals, and following through on contract documents, some projects were the Morris Dam, Oxnard Advanced Water Purification Plant, and Weymouth MWD. From Doty Bros. Ms. Ankenbauer went to Neal Electric where she focused on change orders, billing, collections, assisting the division manager, Prequals, PLA documents, writing subcontracts and major PO's following through with the PLA documents for compliance, bid advertisements, and office facilities. Some of the highlight projects at Neil were the Haynes Power Plant, Long Beach Pumping Plant, & San Jose Creek. After Neal Electric Ms. Ankenbauer went to A -C Electric as a Project Assistant where she did everything from contract routing, PLA documents, submittals, change orders, RFI's, job walks, pre - job orientation meetings, bid/contract scope reviews with the PM's, major PO buyout reviews, billing, collections, assisting PM's with their projections. Some of the project highlights were the Jockey Pump at Port Hueneme, Roosevelt High School (LAUSD), Santa Ana Jr. College Student Center. Programs: Textura & Procore License: Notary, Completed: Basic Estimating at LA NECA. Sepehr Fanaeian, Project Engineer: Mr. Sepehr Fanaeian has been with LEED Electric since August 2017. He has 9 years of experience in Electrical and Control Engineering field. He worked for 5 years with Science Instrument Co. in Baltimore, Maryland as well as overseas in Haifa, Israel at the Baha'i World Centre in the Engineering Department - Electrical/Control Engineering Management Team for more than 4 years of his stay there. He has extensive experience on electrical system project and upgrading of control and security systems. Mr. Sepehr Fanaeian has a Bachelor of Science in Electrical Engineering Degree, with Electronics Minor from BIHE — online University in Tehran, Iran, and he continued his post -baccalaureate at the University of Maryland — UMBC. Mr. Fanaeian is responsible for the production of project submittals, from generation to approval and tracking these documents, field RFI's, and supporting the Project Manager, Superintendent and Field Foreman, attending meetings, generating schedules and tracking materials and gear to ensure on-time delivery. 101 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Abdel Hamid, Project Engineer: Mr. Hamid joins the Leed Electric team most recently in October 2020 possessing a strong education Bachelor of Science in Electrical Power Engineering Technology, University of Houston, College of Technology, with experience and skills that consist of. Proficient in MS Office, Bluebeam Revu, AutoCAD, Electrical Circuit & Power Systems Analysis, Basics of C++ Programming, Matlab, MIPS, VHDL, PLCs, Altium Designer, AutoCAD, SAP and Accubid. He plans to apply his technical knowledge, analytical skills, and achieve hands-on experience in a leading organization while expanding his electrical design knowledge and workplace competency through continuous research and training. Additionally, his previous job facilitated in him being committed to quality, continuous improvement, and the ability to function effectively as a member of a team with the highest professional and ethical standards. He comes to us with skills as a Project Engineer managing multiple low voltage subcontractors, submittal processing, RFI's, coordination of trades, Oversee QA/QC procedures for low voltage systems and experience assisting with change orders and negotiations for added scope. Anthony Santoro, Preconstruction Engineer: Mr. Santoro started with Leed Electric in August 2015, although his career in the electrical industry began with Beard Electric in Santa Fe Springs, California. He has over 10 years' experience working as an assistant PM/Support Staff at Beard Electric and looks to take on more challenging rolls now at Leed Electric in the coming years of his career. He worked as an assistant PM on several water and wastewater projects working with fellow employees Mr. Bracamontes and former co-worker Mr. Nanthavong while at Beard Electric, generating submittals, RFI's and assisting with purchasing and change order management. Currently with Leed Electric Mr. Santoro works on submittal packages for both in house submittals and packing vendor submittals along with processing all of the Time and Material Estimates / Change Orders and supports the Project Managers, Field Operations Manager and Executive Supervisors with delegated tasks, from estimating support, bid packages, and prequalification, to pre -con responsibilities. Mr. Santoro also helps in processing work orders for the current On -Call Operations Telemetry System Maintenance Services Project with LACDPW in the capacity of supporting the field crewmembers as well as office management staff, to ensure purchases are made on time and work orders are scheduled and completed in a timely and professional manner. Mr. Santoro graduated with an Associate's Degree in Administration of Justice from Long Beach City College and looks to further his knowledge of project management while working with the Leed Electric team. 111 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Daniel Flores, IBEW Certified Electrician: General Foreman Electrician: Mr. Flores has been with Leed Electric, Inc. since 2004, and has completed the IBEW apprenticeship program and worked for Leed Electric as an Apprentice and graduated to Journeyman and was promoted to Foreman then General Foreman. Mr. Flores is OSHA 10 and 30 certified and completed Confined Space Training, and graduated with an Associate Degree in Liberal Arts from Santa Monica College. He has worked on and completed several projects for Leed Electric which some are listed here: • LACDPW Compton Creek, Foreman demo of existing conduits, wires and controls at lift station facility to run new conduit and wire for new engines and pumps installed at the facility by the general contractor. Installed gas detector system and propane gas backup for engine operations, conducted field testing and started up system. Installed field site lighting and inside pump station, conducted field meetings and coordinated work with project manager and general contractor, the project concluded in 2015. Position: Foreman • LACDPW Terminal Island WRP Tertiary Filters Rehabilitation, Foreman Installed conduit systems and wiring to new MOV's at the sand filter area, installed new control panel for new MOV's and pulled analog, control and power wire to (64) new MOV's, the project was completed in 2015. Position: Foreman • West Basin Municipal Water District Edward C. Little Water Recycling Facility Clean -in -Place Waste Discharge Project, Foreman Worked on field layout and material procurement and installation. Made field installation schedule for project, conducted safety meetings, started the project from underground conduit installation and up, installed utility conduit run, installed new Switchgear, MCC and lighting. Ran conduit and wire in the pump station and treatment system, tested system and startup conducted. Managed installation and coordination with owner and general contractor to complete the project in late 2018. Position: Foreman • City of Los Angeles, Venice Dual Force Main and Generator Installation, General Foreman, he has overseen the installation from underground PVC conduits to above ground GRC and PVC Coated conduits. He has assisted in the redesign and installation of (2) large Cummins generators. Installation of new control panels, Switchgear, Instrumentation and Controls, The project completed in late summer 2019. With the training and experience working for Leed Electric for so many years Mr. Flores is qualified for any wastewater project that LEI is awarded and in currently supervising several LEI projects in his General Foreman capacity where he will oversee a Foreman and his crew to ensure the project is completed on time and per spec. 121 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Edgar Saldivar, IBEW Certified Electrician: General Foreman Electrician: Mr. Saldivar has over 18 years of Commercial and Industrial experience. Adept in performing electrical installations, maintenance, and repairs in water plant facilities; knowledgeable in all areas of the national electrical code; and excel in analyzing and solving problems with various electrical controls and systems. For the past 5 years, as a Foreman, Mr. Saldivar has completed several projects in Los Angeles County. The following projects executed by Mr. Saldivar are as follow: • San Jose Creek Water Reclamation Plant, in Whittier, installed a Unit Substation 1C2-lD2 and associated electrical duct banks, cable trays, manholes, pull boxes and 5-kv conductors. At the Sludge pump station, I coordinated the installation of VFCs, switchboards, panelboards, transformers, Control Panel and instruments. • Terminal Island Water Reclamation Plant: Microfiltration, reverse osmosis and chlorination underground duct banks, manholes and Prefab Electrical Rooms. Control Panels and all Instrumentation such as FITS, PITS, DPITs, LITS AITS, • Maywood Mutual Water Company, in Huntington Park, the electrical room with ATS and Generator was modernized. Installed new Backwash Pump, Reclaim Pump, Sludge Pump Microfiltration vessel with MOVs, DPITs, FITS and PITS. • Mesa Water District, Well Automation and Rehabilitation Project at Mesa Wells 1, 3, 5, 7 and 9 spread across the city of Costa Mesa. The work included, the upgrades of the wells, pump replacement, gas engine replacement, general electrical equipment replacement, new emergency generators, construction of new chemical storage and feed systems area, replacement of wellhead piping, instrumentation upgrades, and site security improvements, with the contract constraints that only I well could be offline at a time and there was a schedule as to when it was okay to take wells offline. Work for this project took place in 2 shifts with Mr. Saldivar working as the General Foreman, overseeing both day and night activities due to project requirements. Mr. Saldivar is a Certified General Electrician and has obtained a C-10 state license and has completed the following courses; code, instrumentation, and foreman courses at Electrical Training Institute through IBEW. Edgar has the skills to complete any instrumentation project and is currently working for the City of Santa Ana as the maintenance contractor of choice for several of the cities Pump Stations and Treatment Systems. As well as working for Mesa Water District in a service contract for their reservoirs and has expertise in this industry that is very hard to match. 131 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Joseph Evanilla, IBEW Certified Electrician: General Foreman Electrician: Mr. Evanilla came to Leed Electric in early 2020 as a General Foreman Electrician, with more than 35 years of experience planning, developing, and implementing construction projects. Extensive understanding in Public Works Water Production. Mr. Evanilla has spent his careering working for A & B Electric Company, then over to Morrow -Meadows Corp before joining Leed Electric. His career and training highlights are EPRI Certification, AC/DC power and control systems, Electro -mechanical proficiency, Complex issues management, Understanding of client business requirements, Strong customer focus, Works well in team environment, Blueprint takeoff, Project layout, Control schematic production and an Extensive knowledge in electrical tools and equipment. Some of the many projects Mr. Evanilla has completed are listed here: LAXFUEL Corporation, 4 TANK Project 2019, Metropolitan Water District, Joseph Jensen WTP Plant Electrical Upgrades Stage IA 2018, City of Chino, Eastside Water Treatment Plant 2016, Three Valleys Municipal Water District, San Antonio Spreading Grounds 2014, City of Brea, La Florista Sewer Lift Station 2014, City of Covina, Charter Oak Reservoir 2014, Fontana Water Co., Sandhill Hydroelectric Generators Plasent 2013 and Rancho Cucamonga Water District, Arthur Bridge WTP 2013 and many more dating back to 2003. Mr. Evanilla is a valued addition to the Leed Electric team with his unmatched experience, skills and leadership qualities. Michael Marshall, IBEW Certified Electrician: Foreman Electrician: Mr. Marshall joined Leed Electric in 2016; he completed the IBEW Five Year Apprenticeship Program in 2016. Mr. Marshall has previous experience working for Neal Electric working on water and waste water projects. When Mr. Marshall joined Leed Electric in 2016 he began working on several water and wastewater treatment projects in varies stages of completion. Some of the projects Mr. Marshall has completed are the following: • Los Angeles Wastewater Integrated Network Systems (LAWINS), working with the integration at Hyperion Treatment Plant under the supervision of our General Foreman Instrument Tech. • 2017 West Coast Basin Barrier Telemetry Project, for Los Angeles County Department of Public Works, upgraded the existing telemetry system by adding new PLC's with battery backup, re - terminated the system to work with the new interface. For the West Coast Barrier reach of the Seawater Barrier System for LACDPW. Position: Journeyman • Currently working on the Seawater Barrier Maintenance Contract as the dedicated Certified Electrician, when WO's come in he reviews the requirements and completes the necessary work for the Los Angeles County Department of Public Works. Installing new sensors, troubleshooting, working with our subs troubleshooting communication issues and solving these problems so that County may have a working monitoring system. Mr. Marshall has also worked on projects such as the West Basin Project Phase V, LAX/Crewshaw Transit Corridor and has some experience in Photovoltaic Systems in his training. While at Leed Electric he has worked under the direction of Miguel Chavez working on the Telemetry Projects recently completed by Leed Electric and has valuable expertise at the Barrier Systems. 141 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Sergio Hernandez, IBEW Certified Electrician: General Foreman Electrician: Mr. Hernandez completed the IBEW Apprenticeship Program; He has over 11 years of electrical experience in this field. He joined Leed Electric in 2016 working on several water and wastewater treatment projects in varies stages of completion. Some of the projects Mr. Hernandez has completed are the following: • 2010-2012 Morris Dam provide and install switchgear, MCC, PLC, Control Panels, 6 MOV's, FIT's, PITS, Generator, and Lighting for the Dam. Position: Journeyman • 2013-2016 San Jose Creek Ras Pump Station - Install substation, Manholes, MCC, PLC, Control Panels, VFC's, FIT's, LIT's, PIT's, and installed medium voltage cable. Position: Journeyman • 2016 Long Beach Pump Station- installed Bus Duct, switchgear, MCC, PLC's, Control Panel's, VFC's, 6 MOV's, vibration switches, and fire alarm. Position: Foreman • 2017 -Current Santa Anita Dam Spillway Modification Project, Position: Foreman, overseeing the installation of underground and above ground conduits, above, below and on the Santa Anita Dam face. Safety is his top priority while supervising this projects crew. The work consists of installing Lightings, as well as helipad lights, Manual Transfer Switch, UPS, Generator Connections, Cable Tray Systems and Fiber Optic Cable and Hardware. Mr. Hernandez has a solid work ethic and keeps close eye on safety performance of not only his crew, but of crews working alongside so as to ensure nothing dangerous goes on with a potential for injury. Mr. Hernandez is an asset to LEI. Christian Tomren, IBEW Certified Electrician: Foreman Electrician: Mr. Tomren joined Leed Electric in 2017; he completed the IBEW Electrician Program in 2009. He joined Leed Electric in 2017 working on several water and wastewater treatment projects in varies stages of completion. Mr. Tomren has many qualifications, which are: CA General Electrician Certified 2008, Advanced Lighting Control 2013, Solar PV/Installer 2009, OSHA 10 & 30, First Aid, CPR Trained, Confined Space Certification and can operate several different types of construction equipment with different certifications. Some of the projects Mr. Tomren has completed are the following: • Mr. Tomren completed the MWD Advanced Water Treatment Demonstration Facility, General Foreman Electrician. • CIP 5233 Terminal Island Advanced Water Purification Facility Doubled Capacity of Clean water to 12 MGD. Installed two new 200HP VFD. New MF Facility and Electric Room with 2 60 HP VFD's. New RO Facility and Electric Room with 2 500HP VFD's. New AOP UV System Facility. 10 Chemical Metering Pumps and new Sodium Hypochlorite Facility. 3 125 HP Product Water VFD's. New UPS System for 8 PCM's. 3 New Man Holes and Associated Duct Banks. 8 PCM Demo and Installation of New PCM's. Managed 21 Electrician's during the peak of the project. New MCC inside main electric building. Position: General Foreman Electrician • Carbon Canyon Water Recycling Facility, PLC Upgrades, Install New Conduit and Wire, 4 New PLC's and Cutover I train at a time. New Server Room. Position: Foreman Electrician Mr. Tomren has the proven ability to schedule/manage employees while maintaining maximum productivity, and is an excellent addition to Leed Electric and is prepared for any project, and is a valued asset to have a part of our team, ready to tackle what may come ahead. 151 Section B LEED Electric Inc. Oct. 8, 2021 ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Sean Eagle, IBEW Certified Electrician: Foreman Electrician: Mr. Eagle joined Leed Electric a few years back and has been a Union Electrician since 2011 with Orange County IBEW Local 441. His education began at Brooks College where he received his Associate's Degree in Programming and Networking. Shortly after he began his electrical education with the union where he became a State Licensed Electrician. Mr. Eagle also has several certifications, those in CPR and first aid, High -reach fork lift, and Hilti powder actuated gun. His job responsibilities in the past have included, Chapman University, Mary Pickford Theater, Fox Studios, solar in Huntington Beach Civic Center, utility yard and library, solar at George F Bailey Detention in Chula Vista, solar at Kaiser in Yorba Linda and solar in schools, new construction High Rise buildings in Fashion Island and Irvine, commercial Tenant Improvements, and multiple parking structures. Mr. Eagle joined Leed Electric in 2017 as a 5th year apprentice and became a Foreman officially in September 2018. He has lead projects at Mid -Basin, Orange County Water District, and Temescal Valley Water District Water Reclamation Plant Phase IV Expansion as well as assisted at Mesa Well Automation, Mesa Water District. Mr. Eagle is currently leading the Yorba Linda Water District HQ PFAS Water Treatment Plant located in Yorba Linda for the Orange County Water District. 161 Section B LEED Electric Inc. Oct. 8, 2021 rLEED ELECTRIC Organization Chart City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. —Statement of Qualifications P a g e 11 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 Leed Electric Inc. ■ ��� `CCU ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications LEED Electric Inc. is an experienced and highly -recommended full-service commercial and industrial electrical, control & instrumentation contractor. The company has a reputation for completing projects on time, within budget and to the client's satisfaction. The company's comprehensive knowledge of new technologies combined with the highly trained staff and more than 42 years of experience performing heavy contracting work make LEED Electric a provider of choice. LEED Electric began operations in 1979 performing work at oil refineries, chemical plants and aerospace facilities. Later began doing public work for various municipal and county facilities on pumping plants, water treatment plants, and sewage treatment plants installing power and control systems, automation/measuring systems. LEED Electric has provided quality services through a long 42 year history with the County of Los Angeles, the City of Los Angeles, County of Orange, the Metropolitan Water District of Southern California, the Department of Water and Power, Long Beach Water Department, City of Santa Monica Water Resources Division and most recently the Water Replenishment District (WRD) of Southern California and Los Angeles Wastewater Information Network System (LAWINS). Leed Electric, Inc. is a qualified Small Business with the State of California Department of General Services as well as County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise (LSBE) Preference Program. Numerous other public works projects have been successfully completed for virtually every local City and/or County governmental agency including Orange County Water District, Orange County Sanitation District, Los Angeles County Sanitation District, State of California Water Resources and other state agencies. LEI currently holds Electrical Maintenance Service contracts with the County of Los Angeles Seawater Barrier Telemetry Maintenance, Long Beach Water Department, WRD of Southern California, City of Santa Ana, City of Santa Monica, City of Montebello and Mesa Water Agency, we look forward to working with the City of Seal Beach. Currently LEED Electric holds the Electrical Maintenance Services for: • Los Angeles County Department of Public Works — Seawater Barrier Maintenance — Adam Lee • Los Angeles County Department of Public Works — Rubber Dam System Maintenance — Sarkis Zargaryan • Water Replenishment District of Southern California — Electrical Maintenance — Tom Knoell City of Santa Ana — Electrical Maintenance — Juan Ramirez Mesa Water District — Electrical Maintenance Services — Dustin Burnside • Recently awarded: Chino Basin Desalter Authority Electrical Maintenance and City of Chino Hills Electrical Maintenance. LEED Electric's approach for our maintenance project is based on individual work order requests. Below is the step by step work plan for each task: 1- Request is made for service as Time and Material or a site visit will be required to assess the scope of work and material and labor requirements. 2- Leed Electric submits a cost proposal with detail labor and material, specific inclusions and exclusions for the specific task, either based on a site visit assessment, photos or a detailed descrition of the work required. Here is what may be involved on a maintenance request (Examples Only): a. Electrical and light testing tasks that can be completed by Leed Electric's technicians. b. Control System or communication system task that can be completed by a subcontractor or a joint effort between the two entities. C. Material Purchase from a specific supplier. 11 S e c t i o n C LEED Electric Inc. Oct. 8, 2021 ■ � � � City of Seal Beach `C C Y RFP On -Call Electrical Maintenance and Repair Services E+ ECrRIC LEED Electric, Inc. — Statement of Qualifications d. Subcontract work depending on the nature of the work order. That could include, general construction work, concrete cutting, instrument calibration and etc. e. All work order will have a cost proposal back up from subcontractors or other suppliers. 3- City to review the cost proposal submitted and either approve, reject or request modifications. 4- Upon approval of the cost proposal LEED Electric may take the following actions: a. For Material Only, order/s will be placed, and ETA will be provided b. For Labor Only a mutually agreed date will be scheduled, and a calendar invite will be sent via MS 365 to all parties involved. C. For Maintenance, a request will be sent to the subcontractor and a mutually agreed date will be schedules. d. For Labor and Material, material order will be placed, and a mutually agreed date will be scheduled upon receiving of the material. 5- Upon completion of a maintenance request, a copy of the daily report will be emailed to the city with the following possible end results: a. Work order was completed and tested per the hours and material submitted on the original cost proposal. b. If LEED Electric finds out there is more hours needed to complete a work order, upon completion of the maintenance request, adjusted hours and cost proposal report will be submitted. C. If work is to be completed on a Time and Material basis, a cost proposal with labor and material from stock or vendors will be submitted based on the hours used and material used. 6- At the of each work request or month, a schedule of values will be submitted to city's PM for review and approval. Upon approval of the draft Schedule of values, a formal progress invoice will be submitted to city's Fiscal Division. 2 1 S e c t i o n C LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 1 Project Name On -Call Consultant Services for the Los Angeles Wastewater Information Location Network System (LAWINS) Location Playa Del Rey, CA Owner City of Los Angeles, Department of Public Works, Sanitation Bureau Project Manager Name Tim Makela E-mail and Telephone No. 310-648-5920 Contract Value timothy.makela@lacity.org Contract Value (including change orders) 7,300,000.00 City of LA, Dept of Public Works, Sanitation Bureau Brief Description of Firm's Scope of Instrumentation and System Integration for Honeywell DCS Cutover, Testing Work for the Project of over 15,000 field instruments and replacement of over 100,000 LF of Completion Date Instrument and Power Cable (HWRP, TIWRP, DCTWRP & LAGWRP) Completion Date December 2019 Project No. 2 Project Name Terminal Island Water Reclamation Plant Tertiary Filter Rehabilitation Location San Pedro, CA Owner City of Los Angeles Depart. Of Public Works, Bureau of Engineering Project Manager Name Sinh Pham E-mail and Telephone No. (310) 648-6130 Sinh.pham@lacity.org Contract Value $ 719,330.00 (including change orders) Brief Description of Firm's Scope of Demolition of existing wire and conduit from filters. Furnish and install new Work for the Project conduit, wire, instruments and RVSS. Completion Date January 2017 1ISection D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCL1 ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 3 Project Name Hawaiian/B, Wilmington, Fries and San Pedro Pumping Plants Rehabilitation Location San Pedro, CA Owner City of Los Angeles Depart. Of Public Works, Bureau of Engineering Project Manager Name Sinh Pham E-mail and Telephone No. (310) 648-6130 Sinh.pham@lacity.org Contract Value $ 1,106,056.00 (including change orders) Brief Description of Firm's Scope of Demo of wire, conduit, pumps in (4) City of LA Sewage Pump Stations. Work for the Project Installation of bypass and generator systems for all 4 stations, furnish and Brief Description of Firm's Scope of install (12) VFD's with bypass and new PLC and field instruments. Work at Work for the Project all (4) pump station sites was preformed concurrently, pump stations 1700gpm at Hawaiian, 2,350 at Fries, 1,900 for Wilmington and 10,000 at San Pedro. Preformed start up and testing of pump station size. Completion Date September 2017 Project No. 4 Project Name Joint Water Pollution Control Plant Power Generation Facility Upgrade Location Carson, CA Owner Sanitation District of Los Angeles County Project Manager Name Chris Larson E-mail and Telephone No. (310) 736-8438 CLarson@lacsd.org Contract Value $3,496.197.00 (including change orders) Brief Description of Firm's Scope of Electrical, Instrumentation, Programming and System Integration for Work for the Project Wastewater Treatment Facility Completion Date October 2012 21 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 5 Project Name West Coast Basin Barrier Project Location EI Segundo, Manhattan Beach, Hermosa Beach, Torrance - CA Owner County of Los Angeles, Department of Public Works Project Manager Name Adam Lee E-mail and Telephone No. (626) 458-6185 AWLEE@dpw.lacounty.gov Contract Value $2.586,788.39 (including change orders) Brief Description of Firm's Scope of Furnish and Install Electrical, Control, SCADA, Instrumentation and Work for the Project Programming for Seawater Barrier Injection Wells and Observation Wells Completion Date January 2013 Project No. 6 Project Name MWD Weymouth Filter Upgrade Location La Verne, CA Owner Metropolitan Water District of Southern California Project Manager Name Carl Allen E-mail and Telephone No. (909) 392-2533 callen@mwdh2o.com Contract Value $711, 098.64 (including change orders) Brief Description of Firm's Scope of Install Electrical and Instrumentation for Water Treatment Facility Filtration Work for the Project and Chemical Treatment System Completion Date August 2014 Project No. 7 Project Name Orange Park Acres Well No 1 Wellhead Facility Location Orange, CA Owner Irvine Ranch Water District Project Manager Name Jacob Moeder E-mail and Telephone No. (949) 453-5544 Moeder@IRWD.com Contract Value $947,658.00 (including change orders) Brief Description of Firm's Scope of Install Electrical, Control, SCADA and Instrumentation for Water Treatment Work for the Project Well Wellhead & Chemical Treatment System Completion Date January 2015 31 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 8 Project Name Whittier Pumping Plant No. 2. Replacement Project Location City of Whittier Owner Whittier Utility Authority Project Manager Name Kieler Smith E-mail and Telephone No. (909) 892-8330 E-mail and Telephone No. kielersmith@mbakerintl.com Contract Value $2,061,773.00 (including change orders) $286,983.00 (including change orders) Potable water distribution system pump station and (12) Well Pump Sites, Brief Description of Firm's Scope of (2) On Site Reservoir Sites, (3) Off Site Reservoirs and Instrumentation, Work for the Project PLC's and SCADA System and Programing and the installation of all electrical Completion Date conduit and wiring for a 3,000AMP Switchgear and MCC. Completion Date November 2015 Project No. 9 Project Name ECLWRF RO Trains 1,2 & 3 Power Panels and RO Train 3 VFD Replacement Project Location City of EI Segundo Owner West Basin Municipal Water District Project Manager Name Rajen Budhia, P.E. E-mail and Telephone No. (310) 660-6241 rajenb@westbasin.org Contract Value $286,983.00 (including change orders) Brief Description of Firm's Scope of Install Electrical and Instrumentation for the water treatment facility, along Work for the Project with a new power panel and VFD and all electrical conduit and wiring. Completion Date November 2015 41 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 10 Project Name Burris Pump Station Phase 2 Location Anaheim, CA Owner Orange County Water District Project Manager Name Ryan Bouley E-mail and Telephone No. (714) 378-3200 rbouley@ocwd.com Contract Value $ 2,501,583.50 (including change orders) Brief Description of Firm's Scope of Electrical and Instrumentation for a new pump station. 4160V, 2000A New Brief Description of Firm's Scope of Service, CITY (4) 1750HP 4160 VFD's 2000A Motor Control Center Work for the Project Installation, Allen-Bradley PLC, HMI and SCADA Installation and installation Of a 12KV/4.2KV Transformer. Completion Date November 2017 Project No. 11 Project Name WRD Diversion Structures Location Pico Rivera, CA Owner Water Reclamation District of Southern California Project Manager Name Jim McDavid, P.E. E-mail and Telephone No. (562) 921-5521 jmcdavid@wrd.org Contract Value $ 833,128.00 (including change orders) Brief Description of Firm's Scope of Electrical and Instrumentation for a spreading grounds diversion structure Work for the Project Completion Date May 2016 5ISection D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 12 Project Name Regional Treatment Plant Cogeneration & Switchgear Upgrade Project Location Laguna Niguel, CA Owner South Orange County Wastewater Authority Project Manager Name Mike Matson & Brian Peck E-mail and Telephone No. (949) 234-5400 mmatson@socwa.com & bpeck@socwa.com Contract Value $ 1,811,025.28 (including change orders) Brief Description of Firm's Scope of Demolition of existing conduit and wire, furnish and install underground Work for the Project conduit, manholes, 2,000FT of 12x750MCM XHHW Power Feeder Wire, Completion Date Instrument Cable, Switchgear, Cogeneration Engine, PCL and SCADA Completion Date July 2018 Project No. 13 Project Name Dominguez Gap Barrier Telemetry Systems Location Los Angeles County Owner County of Los Angeles Department of Public Works Project Manager Name Adam Lee, P.E. E-mail and Telephone No. (626)458-6185 awlee@dpw.lacounty.gov Contract Value $ 2.1M (including change orders) Brief Description of Firm's Scope of Furnish & Install 9 Miles of Fiber Optics, Power and Instrumentation Cable Work for the Project for SCADA and Telemetry System and Flow Diversion. Completion Date June 2018 Project No. 14 Project Name Mesa Well Automation & Rehabilitation Location Costa Mesa, CA Owner Mesa Water District Project Manager Name Kieler Smith E-mail and Telephone No. (949) 330-4172 kielersmith@mbakerintl.com Contract Value $ 3,343,284.82 (including change orders) 5 Well Sites, Integration & Automation, (4) Variable Frequency Drives, (5) Brief Description of Firm's Scope of Motor Control Centers, (5) Switchboards, Instrumentation at all Sites, Work for the Project Flowmeters, Control Panels at all Sites, Setting of a 164 Sq Ft Prefabricated Electrical Building at Well 1. Completion Date February 2019 61 Section D LEED Electric Inc. Oct. 8, 2021 ■ ��� LCCL1 ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 15 Project Name Temescal Canyon Park Stormwater BMP Project Phase II Location Los Angeles, CA Owner City of Los Angeles Depart. Of Public Works, Bureau of Engineering Project Manager Name Waleed Azar E-mail and Telephone No. (213) 272-4254 Waleed.azar@lacity.org Contract Value $ 659,143.00 (including change orders) Brief Description of Firm's Scope of Installation of new conduit, wire, instrumentation and instrument cable. Work for the Project Furnish and Install VFD, MCC Switchgear, and new Stormwater Treatment Brief Description of Firm's Scope of System. Completion Date August 2018 Project No. 16 Project Name Advanced Water Treatment Demonstration Facility Location Carson, CA Owner Metropolitan Water District of Southern California Project Manager Name Joe Robles, P.E. E-mail and Telephone No. (909) 392-2586 JRobles@mwdh2o.com Contract Value $4,039,000.00 (including change orders) New Ground up Advanced Water Treatment Demonstration Facility with 0.5MGD Clean Water Production. Systems installed MSR, Chemical Feed Brief Description of Firm's Scope of System, RO System, Advanced Oxidization UV. Turn Key Electrical and Work for the Project Instrumentation which included Prefabricated Electrical Building, Service Switchboard, MCC, VFD's, Main PLC (1,500 1/0's), RTU, Local Control Panels, (11) Analyzer Racks, Ammonia, PLC & SCADA, Programming, Testing, Start- up & Commissioning. Completion Date December 2019 71 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 17 Project Name Hyperion Secondary Effluent Pump Station Improvements Location Playa Del Rey, CA Owner West Basin Municipal Water District Project Manager Name Kevin Cullen, MSCE E-mail and Telephone No. (310) 660-6259 E-mail and Telephone No. KevinC@westbasin.org Contract Value $3,080,000.00 (including change orders) $196,371.37 Brief Description of Firm's Scope of Furnish & Install Electrical Ductbank, Medium Voltage Switchgear, Control Work for the Project Panels, DCS System, Motor Control Center and Pumps, 4160V, Qty (2) 600A Work for the Project with Main -Tie -Main Circuit Breaker Completion Date January 2020 Project No. 18 Project Name Los Coyotes WRP Stage Two Process Air Compressor Motor Starting Equipment Location Cerritos, CA Owner County Sanitation Districts of Los Angeles County Project Manager Name Perry Palencia, P.E. E-mail and Telephone No. (562) 908-4288x5822 PPalencia@lacsd.org Contract Value $196,371.37 (including change orders) Brief Description of Firm's Scope of Furnish & Install MV 4160, 1200A Switch, Terminate, Start -Up, Testing in Work for the Project Wastewater Treatment Facility Completion Date July 2018 81 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 19 Project Name Venice Dual Force Main & Pumping Plant Generator Replacement Location Venice, CA Owner City of Los Angeles, Bureau of Engineering Project Manager Name Richard Southerland E-mail and Telephone No. (310) 301-2109 Richard.southerland@lacity.org Contract Value $4,688,790.00 (including change orders) Brief Description of Firm's Scope of Replacement of Generators, furnish and install Instrumentation and Work for the Project Controls, Underground conduits, wire, cable and controls. Completion Date Jan. 2020 Project No. 20 Project Name Valencia Water Reclamation Plant UV Disinfection Facilities Location Valencia, CA Owner Santa Clarita Valley Sanitation District of Los Angeles County Project Manager Name Jelmer Torres E-mail and Telephone No. (562) 699-7411 jtorres@lacsd.org Contract Value $3,633,922.00 (including change orders) Brief Description of Firm's Scope of Furnish and install new UV Disinfection System, infrastructure, including 2 Work for the Project Unit Substations, MCC's VFD's, Control Panels, Instruments, Commissioning and Startup Services. Completion Date March 2021 91 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 21 Project Name Greg Avenue Pressure Control Structure Pump Modification and New Control Building Location Sun Valley, CA Owner The Metropolitan Water District of Southern California Project Manager Name Joe Robles, P.E., (909) 392-2586, JRobles@mwdh2o.com E-mail and Telephone No. Shane Singh, (303) 995-1287, shane.ramcharansingh@stantec.com Zakir Hirani, (626) 375-6780, zakir.hirani@stantec.com Contract Value $3,539,258.00 (including change orders) New pump station building, infrastructure, including new LADWP Brief Description of Firm's Scope of Substation, MV Switchgear, MV VFD's, 4160V switchgear, 1,200AMP, Work for the Project temporary 4160V switchgear, bus duct, security system, control panels, flow meters, PLC and programming, commissioning, and startup. Completion Date Feb. 2021 Project No. 22 Project Name Seawater Barriers Maintenance Services for Telemetry System and Appurtenances 2015-2020 Location Los Angeles County, CA Owner County of Los Angeles Department of Public Works Project Manager Name Adam Lee, P.E. E-mail and Telephone No. (626)458-6185 awlee@dpw.lacounty.gov Contract Value $416,309.00 Annually (including change orders) Electrical and Instrumentation Maintenance for LA Counties Seawater Brief Description of Firm's Scope of Barrier Injection Wells and Observation Wells. Installation of sensors, Work for the Project instruments, conduit, wire, testing of instruments and equipment as well as water levels with sounder tool. Over 30 wells in the Long Beach, Wilmington, Carson area. Completion Date July 2020 101 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Project No. 23 Project Name Valencia Water Reclamation Plant Advanced Water Treatment Facility Location Valencia, CA Owner Santa Clarita Valley Sanitation District of Los Angeles County Project Manager Name Irene Chang E-mail and Telephone No. (562) 908-4288 ext. 5817 ichang@lacsd.org Contract Value $11,279,000.00 (including change orders) Ground up S.OMGD advanced water treatment facility, including installation of microfiltration equipment, nanofiltration equipment, and an enhanced membrane system consisting of reverse osmosis and other water treatment equipment; construction of a metal building, electrical and control room, Brief Description of Firm's Scope of electrical substation and transformers for a new power service, duct banks Work for the Project and electrical conduit, underground utilities, instrumentation and piping systems, fire prevention systems, above ground tanks, concrete wet wells, concrete slabs, truck loading station, pump stations, asphalt roads, chemical storage and cleaning systems, metal canopies, drainage systems, site improvements, testing, startup and commissioning of LEI supplied equipment. Completion Date Expected December 2021 111 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Client No. 1 Client Name Irvine Ranch Water District Jacob Moeder Contact E-mail, Telephone No. (949) 453-5544 15600 Sand Canyon Ave and Address callen@mwdh2o.com Irvine, CA 92618 Moeder@IRWD.com Client No. 2 Client Name Metropolitan Water District of Southern California Carl Allen Contact E-mail, Telephone No. (909) 392-2533 700 Moreno Ave. and Address callen@mwdh2o.com La Verne, CA 91750 Client No. 3 Client Name County of Los Angeles, Department of Public Works Adam Lee Contact E-mail, Telephone No. (626) 458-6185 900 S Fremont Ave and Address Alhambra, CA 91803 AWLEE@dpw.lacounty.gov Client No. 4 Client Name Sanitation District of Los Angeles County Chris Larson Contact E-mail, Telephone No. (310) 736-8438 1955 Workman Mill Rd and Address Whittier, CA 90601 CLarson@lacsd.org Client No. 5 Client Name City of Los Angeles, Department of Public Works John Hamilton Contact E-mail, Telephone No. (310) 12000 Vista Del Mar and Address Playa Del Rey, CA 90293 John.cobb.hamilton@lacity.org Client No. 6 Client Name Orange County Water District Bouley Contact E-mail, Telephone No. Ryan Ryan 3 uley 0 18700 Ward Street, and Address Fountain Valley, CA 92708 rbouley@ocwd.com 121 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC Client No. 7 Client Name Mesa Water District City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Contact E-mail, Telephone No. Dustin Burnside 1965 Placentia Ave and Address (949) 207.5466 Costa Mesa, CA 92627 DustinB@MesaWater.org Client No. 8 Client Name City of Santa Monica Contact E-mail, Telephone No. Deborah McCloskey 2500 Michigan Avenue and Address (310) 458.2201 Santa Monica, CA 90404 Deborah. McCloskey@SMGOV.NET Client No. 9 Client Name Water Replenishment District (WRD) of Southern California Contact E-mail, Telephone No. Tom Knoell 4040 Paramount Blvd. and Address (562) 275.4266 Lakewood, CA 90712 tknoell@wrd.org Client No. 10 Client Name J.F. Shea Construction Contact E-mail, Telephone No. Ray Watford (909) 595-4397 667 Brea Canyon Road, Suite 30 and Address ray.watford@jfshea.com Walnut, CA 91788-0489 Client No. 11 Client Name Kiewit Infrastructure West Co. Danny Mckie Contact E-mail, Telephone No. (562) 946-1816 10704 Shoemaker Ave. and Address Santa Fe Springs, CA 90670 Danny.McKie@kiewit.com Client No. 12 Client Name Pacific Hydrotech Corporation Ozzie Garibaldo Contact E-mail, Telephone No. (951) 943-8803 314 E. 3rd St. and Address Perris, CA 92570 ozzie@pachydro.com 131 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Client No. 13 Client Name RSH Construction Contact E-mail, Telephone No. Bob Hamilton 930 Colorado Blvd., Suite 3 Contact E-mail, Telephone No. (951) 738-9215 3883 Wentworth Drive and Address (951) 925-2288 Corona, CA 92880 and Address Hemet, CA 92545 bhamilton@rshconstruction.com Client No. 14 Client Name Schuler Engineering Contact E-mail, Telephone No. Brian Sohl 930 Colorado Blvd., Suite 3 Contact E-mail, Telephone No. (951) 738-9215 564 Bateman Circle and Address brian@schulerengineering.com Corona, CA 92880 Client No. 15 Client Name Olsson Construction Contact E-mail, Telephone No. Kris Olsson 930 Colorado Blvd., Suite 3 Contact E-mail, Telephone No. (714) 847 326 W Katella Ave #4J and Address (714) 516-9496 Mission Viejo, CA 92692 and Address Orange, CA 92867 kris@olssonconstruction.com Client No. 16 Client Name SS Mechanical Construction Corp. Contact E-mail, Telephone No. John Whelan lan 930 Colorado Blvd., Suite 3 Contact E-mail, Telephone No. (714) 847 26561 Jacinto Drive and Address John@ssmechanical.com Mission Viejo, CA 92692 Client No. 17 Client Name Cora Constructors Contact E-mail, Telephone No. Karen Lowe 930 Colorado Blvd., Suite 3 Contact E-mail, Telephone No. (323) 256-2600 75140 St Charles PL # A (760) 779-9459 and Address Palm Desert, CA 92211 karen@coraconstructors.com Client No. 18 Client Name PPC Construction, Inc. Contact E-mail, Telephone No. Samuel P. Hannah 930 Colorado Blvd., Suite 3 and Address (323) 256-2600 Los Angeles, CA 90041 samuel.hannah@ppcco.net 141 Section D LEED Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Client No. 19 Client Name City of Santa Ana Contact E-mail, Telephone No. Juan Ramirez 220 S. Daisy Ave and Address (714) 647.3377 Santa Ana, CA 92703 jramirez@santa-ana.org 15 1 S e c t i o n D LEED Electric Inc. Oct. 8, 2021 ■ � � � City of Seal Beach `C C Y RFP On -Call Electrical Maintenance and Repair Services E+ ECrRIC LEED Electric, Inc. — Statement of Qualifications E. List of Subcontractors Subcontractors will be approved prior to use in this maintenance and repair service contract. Some of those subcontractors that we utilize are: 1. SOFFA Electric, Inc. — Instrumentation and Controls 2. Premier Cabling Solutions — Fiber Optic 3. Johnson Controls — Fire Alarm 4. Hal Hays Construction — Excavation, Trenching, Civil, Backfill 5. 316 Engineering and Construction Co. Inc. — Excavation, Trenching, Civil, Backfill 6. TBD — To be proposed as necessary based on the scope of services, if necessary. 11 S e c t i o n E Leed Electric Inc. Oct. 8, 2021 WCONTRACTORS STATE LICENSE BOAR] Z-20.. OContractor's License Detail for License # 291825 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw 71246,) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here, for a definition of disclosable actions. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071,17). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. Data current as of 11/4/202110:03:28 AM SOFFA ELECTRIC INC 5901 CORVETTE STREET COMMERCE, CA 90040 Business Phone Number:(323) 728-0230 Entity Corporation Issue Date 03/15/1974 Reissue Date 07/06/2018 Expire Date 07/31/2022 This license is current and active. All information below should be reviewed. C10 -ELECTRICAL tractor's Bond This license filed a Contractor's Bond with SURETEC INSURANCE COMPANY. Bond Number: 139261 Bond Amount: $15,000 Effective Date: 07/01/2020 Contractor's, Bond„History of Qualifying Individual This license filed Bond of Qualifying Individual number 139263 for SALIB MORCOS MANSOUR in the amount of $12,500 with SURETEC- INSURANCE_ COMPANY. Effective Date: 07/01/2020 BQI's, Bond,History This license has workers compensation insurance with the SENTINELINSURANCECOMPANY LTD _ policy Number:72WECAJ8HNU Effective Date: 02/01/2021 Expire Date: 02/01/2022 Workers'. Compensation_ History Firefox Contractor Information Legal Entity Name SOFFA ELECTRIC, INC. Legal Entity Type Corporation Status Active Registration Number PW -LR -1000414922 Registration effective date 7/1/2020 Registration expiration date 6/30/2022 Mailing Address 5901 Corvette St. Commerce 90040 CA United S... Physical Address 5901 Corvette St. Commerce 90040 CA United S... Email Address Trade Name/ DBA License Number(s) CSLB:291825 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Mahnaz Hemmat Vice President Name: Danny Banez Treasurer Name: Maya Mahmoudi Secretary Name: Anahita Mahmoudi CEO Name: Mahnaz Hemmat Agent of Service Name: Desi Rose Agent of Service Mailing Address: 5901 Corvette St. Commerce 90040 CA United States of America Workers Compensation https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History Effective Date Expiration Date 7/1/2019 6/30/2020 7/1/2020 6/30/2022 1 of 2 11/4/2021, 10:14 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:Soffa Electric, Inc.Insurance Carrier: Preferred Employers Policy Number:WKN168538-1Inception date:2/1/2020Expiration Date:2/1/2021 2 of 2 11/4/2021, 10:14 AM WCONTRACTORS STATE LICENSE BOAR] '0.. OContractor's License Detail for License # 841941 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ► CSLB complaint disclosure is restricted bylaw 71246,) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here, for a definition of disclosable actions. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071,17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. ► Due to workload, there may be relevant information that has not yet been entered into the board's license database. Data current as of 11/4/202110:04:24 AM PREMIER CABLING SOLUTIONS 3070 WEST MAIN STREET ALHAMBRA, CA 91801 Business Phone Number:(626) 768-1050 Entity Corporation Issue Date 06/30/2004 Reissue Date 11/04/2008 Expire Date 11/30/2022 This license is current and active. All information below should be reviewed. ► C-7 -LOW VOLTAGE SYSTEMS ........................................................................ ► C10 -ELECTRICAL ............................................ Contractor's Bond This license filed a Contractor's Bond with CONTRACTORS BONDING AND INSURANCE COMPANY. .................................................................................................................................... Bond Number: CF2871 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History ............................................................. and of Qualifying Indiv The qualifying individual ARAM EUGENE LEWIS certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 11/04/2008 This license has workers compensation insurance with the STATE.COMPENSATI.ON„INSURANCE FUN ...............D Policy Number:9124075 Effective Date: 02/01/2015 Expire Date: 02/01/2022 Workers'.Compensation_H istory ► 11/04/2008 -LICENSE REISSUED TO ANOTHER ENTITY Copyright © 2021 State of California Firefox Contractor Information Legal Entity Name Premier Cabling Solutions, Inc. Legal Entity Type Corporation Status Active Registration Number 1000009653 Registration effective date 8/10/2020 Registration expiration date 6/30/2022 Mailing Address 3070 W. Main St. Alhambra 91801 CA United St... Physical Address 3070 W. Main St. Alhambra 91801 CA United St... Email Address Trade Name/ DBA License Number(s) CSLB:841941 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Aram Lewis Vice President Name: Aram Lewis Treasurer Name: Aram Lewi Secretary Name: Aram Lewis CEO Name: Aram Lewis Agent of Service Name: Aram Lewis Agent of Service Mailing Address: 3070 W. Main St. Alhambra 91801 CA United States of America Workers Compensation https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History Effective Date Expiration Date 7/18/2018 6/30/2019 10/11/2017 6/30/2018 6/9/2016 6/30/2017 7/22/2015 6/30/2016 2/13/2015 6/30/2015 7/1/2019 8/10/2020 6/30/2020 6/30/2022 1 of 2 11/4/2021, 10:15 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:Premier Cabling SolutionsInsurance Carrier:State Fund Policy Number:9124075-20Inception date:2/1/2020Expiration Date:2/1/2021 2 of 2 11/4/2021, 10:15 AM Jimmy Martinez I Fire Construction Sales Johnson Controls Inc. Southern California Mobile: (562) 321-0429 Jaime.l.Martinez@JCI.com /www.JohnsonControls.com WCONTRACTORS STATE LICENSE BOAR] Z-20.. OContractor's License Detail for License # 986047 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw 71246,) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here, for a definition of disclosable actions. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071,17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. Data current as of 11/4/202110:05:38 AM JOHNSON CONTROLS FIRE PROTECTION LP P 0 BOX 3042 BOCA RATON, FL 33431 Business Phone Number:(562) 405-3800 Entity Partnership Issue Date 08/14/2013 Expire Date 08/31/2023 This license is current and active. All information below should be reviewed. ► C10 -ELECTRICAL ............................................ ► C16 -FIRE PROTECTION ........................................................... Contractor's Bond This license filed a Contractor's Bond with FEDERAL INSURANCE COMPANY. ............................................................................... Bond Number: 82332032 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History ............................................................. dual ► This license filed Bond of Qualifying Individual number 82332031 for RONALD GILBERT MAYLE in the amount of $12,500 with FEDERAL,I,NSURANCE COMPANY. Effective Date: 08/13/2013 This license filed Bond of Qualifying Individual number K40505179 for TIMOTHY JOHN ROACH in the amount of $12,500 with FEDERAL,I,NSURANCE COMPANY Effective Date: 04/15/2020 This license has workers compensation insurance with the OLD._ REPUBLIC_INSURANCE_COMPANY Policy Number:MWC313943 Effective Date: 10/01/2018 Expire Date: 10/01/2022 Workers'. Compensation_H istory ► Personnel listed on this license (current or disassociated) are listed on other licenses. Copyright © 2021 State of California Firefox Contractor Information Legal Entity Name JOHNSON CONTROLS, INC Legal Entity Type Corporation Status Active Registration Number 1000000593 Registration effective date 7/1/2021 Registration expiration date 6/30/2024 Mailing Address 103 WOODMERE ROAD, SUITE 110 FOLSOM 95630 C... Physical Address 103 WOODMERE ROAD, SUITE 110 FOLSOM 95630 C... Email Address Trade Name/DBA JOHNSON CONTROLS, INC License Number(s) CSLB:22445 CSLB:22445 1 of 3 https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History Effective Date Expiration Date 6/4/2018 6/30/2019 5/15/2017 6/30/2018 5/27/2016 6/30/2017 6/9/2015 6/30/2016 7/25/2014 6/30/2015 7/1/2019 6/30/2020 7/1/2020 6/30/2021 7/1/2021 6/30/2024 11/4/2021, 10:17 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Legal Entity Information Corporation Number: 39-0380010 Federal Employment Identification Number: President Name: GEORGE OLIVER Vice President Name: JEFF WILLIAMS Treasurer Name: Marc Vandiepenbeeck Secretary Name: JOHN DONOFRIO CEO Name: GEORGE OLIVER Agent of Service Name: ERIK BECK Agent of Service Mailing Address: 103 WOODMERE ROAD SUITE 110 FOLSOM 95630 CA United States of America Agent of Service Name: Teresa Dolmseth Agent of Service Mailing Address: 103 Woodmere Road Suite 110 Folsom 95630 CA United States of America Agent of Service Name: WILLIAM LANGTRY Agent of Service Mailing Address: 103 WOODMERE ROAD, SUITE 110 FOLSOM 95630 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEOInformationPEO PEO PEO Name Phone Email Insured by Carrier 2 of 3 11/4/2021, 10:17 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Policy Holder Name:JOHNSON CONTROLS, INCInsurance Carrier: OLD REPUBLIC INSURANCE COMPANYPolicy Number:24147Inception date:10/2/2019 Expiration Date:10/1/2020 3 of 3 11/4/2021, 10:17 AM WCONTRACTORS STATE LICENSE BOAR] Z-20.. OContractor's License Detail for License # 667560 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw 71246,) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here, for a definition of disclosable actions. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071,17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. Data current as of 11/4/202110:08:23 AM HAL HAYS CONSTRUCTION INC 4181 LATHAM ST RIVERSIDE, CA 92501 Business Phone Number:(951) 788-0703 Entity Corporation Issue Date 03/19/1993 Reissue Date 11/20/2003 Expire Date 11/30/2023 This license is current and active. All information below should be reviewed. ► A -GENERAL ENGINEERING ................................................................... ► C12-EARTHWORKANDPAVING .............................................................................. ► C21-.BUILDING_MOVINGx_DEMOLITION ...................... ► B- GENERAL BUILDING rtifications ► HAZ - HAZARDOUS SUBSTANCES REMOVAL ................................................................................................................... Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. ........................................................................................................................ Bond Number: SC6057594 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History ............................................................. nd of ual ► The qualifying individual HAL ARTHUR HAYS certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 04/02/2008 BQI's,Bond History ► This license filed Bond of Qualifying Individual number 100328447 for KIRBY SCOTT HAYS in the amount of $12,500 with AMERICAN CONTRACTORS_INDEMNITY COMPANY. Effective Date: 10/19/2016 This license has workers compensation insurance with the FEDERAL_INSURANCE COMPANY Policy Number:54309830 Effective Date: 11/01/2018 Expire Date: 11/01/2022 Workers', Compensation_H Hist ► 11/20/2003 -LICENSE REISSUED TO ANOTHER ENTITY ► Personnel listed on this license (current or disassociated) are listed on other licenses. Copyright © 2021 State of California Firefox Contractor Information Legal Entity Name HAL HAYS CONSTRUCTION, INC. Legal Entity Type Corporation Status Active Registration Number 1000005009 Registration effective date 7/1/2021 Registration expiration date 6/30/2022 Mailing Address 4181 LATHAM STREET RIVERSIDE 92501 CA Uni... Physical Address 4181 LATHAM STREET RIVERSIDE 92501 CA Uni... Email Address Trade Name/ DBA License Number(s) CSLB:667560 CSLB:667560 Legal Entity Information Corporation Number: C2453073 Federal Employment Identification Number: President Name: KIRBY HAYS Vice President Name: HAL HAYS Treasurer Name: HAL HAYS Secretary Name: HAL HAYS CEO Name: KIRBY HAYS Agent of Service Name: KIRBY HAYS Agent of Service Mailing Address: 4181 LATHAM STREET RIVERSIDE 92501 CA United States of America 1 of 2 https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History Effective Date Expiration Date 6/26/2018 6/30/2019 5/31/2017 6/30/2018 6/7/2016 6/30/2017 7/6/2015 6/30/2016 1/8/2015 6/30/2015 10/23/2019 6/30/2020 8/3/2020 6/30/2021 7/1/2021 6/30/2022 11/4/2021, 10:18 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:HAL HAYS CONSTRUCTION, INC.Insurance Carrier: FEDERAL INSURANCE COMPANYPolicy Number:54309830Inception date:11/1/2020 Expiration Date:11 / 1 / 2021 2 of 2 11/4/2021, 10:18 AM CONTRACTORS STATE LICENSE BOAR] WZ-20.. OContractor's License Detail for License # 986498 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ► CSLB complaint disclosure is restricted bylaw 71246,) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here, for a definition of disclosable actions. Only construction related civil judgments reported to CSLB are disclosed (B&P 7071,17). ► Arbitrations are not listed unless the contractor fails to comply with the terms. ► Due to workload, there may be relevant information that has not yet been entered into the board's license database. Data current as of 11/4/202111:08:12 AM 316 ENGINEERING AND CONSTRUCTION CO INC 7434 GARVALIA AVENUE ROSEMEAD, CA 91770 Business Phone Number:(818) 395-7989 Entity Corporation Issue Date 09/04/2013 Expire Date 09/30/2023 This license is current and active. All information below should be reviewed. ► A -GENERAL ENGINEERING ................................................................... ► B -GENERAL BUILDING .......................................................... ► C34 -PIPELINE ..................................... Contractor's Bond This license filed a Contractor's Bond with NORTH_ RIVER.INSURANCE COMPANY.jTHE). Bond Number: 04CF602344 Bond Amount: $15,000 Effective Date: 09/30/2021 Contractor's Bond History ............................................................. and of Qualifying Individua The qualifying individual JOHN WILLIAM MASSIE certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required. Effective Date: 09/29/2020 BQI's, Bond,History This license has workers compensation insurance with the INSURANCE COMPANY_OE THE WEST Policy Number:WTX5060064 Effective Date: 03/27/2021 Expire Date: 03/27/2022 Workers', Compensation_H Hist ► Personnel listed on this license (current or disassociated) are listed on other licenses. Copyright © 2021 State of California Firefox Contractor Information Legal Entity Name 316 ENGINEERING & CONSTRUCTION INC Legal Entity Type Corporation Status Active Registration Number 1000006807 Registration effective date 10/3/2019 Registration expiration date 6/30/2022 Mailing Address 7434 GARVALIA AVE ROSEMEAD 91770 CA Unit... Physical Address 7434 GARVALIA AVE ROSEMEAD 91770 CA Unit... Email Address Trade Name/DBA 316 ENGINEERING & CONSTRUCTION INC License Number(s) CSLB:986498 CSLB:986498 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: JOHN MASSIE Vice President Name: Treasurer Name: Secretary Name: KAREN MASSIE CEO Name: Agent of Service Name: JOHN MASSIE Agent of Service Mailing Address: 7434 GARVALIA AVE ROSEMEAD 91770 CA United States of America Workers Compensation Do you lease employees No 1 of 2 https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Registration History Effective Date Expiration Date 6/14/2018 6/30/2019 5/9/2017 6/30/2018 6/16/2016 6/30/2017 8/17/2015 6/30/2016 1/27/2015 6/30/2015 10/3/2019 6/30/2022 11/4/2021, 11:09 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails through Professional Employer Organization EO �• lea a provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:316 ENGINEERING & CONSTRUCTION INCInsurance Carrier: STATE COMPENSATION INSURANCE FUNDPolicy Number:9093860-19Inception date: 3/27/2018Expiration Date:3/27/2020 2 of 2 11/4/2021, 11:09 AM F7■ � � � City of Seal Beach `C C Y RFP On -Call Electrical Maintenance and Repair Services ELECTRIC LEED Electric, Inc. — Statement of Qualifications Attached. 11 S e c t i o n F Leed Electric Inc. Oct. 8, 2021 13138 ARCTIC CIRCLE LEED ELECTRIC INC. SANTA FE SPRINGS, CA 90670 DIR REG. NO. 1000004633 EXP. 6/30/22 Power, Control and Instrumentation Contractor Since 1979 CA License# 379096 C-10 EXP. 7/31/23 LS MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION Dep. of General Services SB -PW # 36862 TO: Bidding Contractors ATTN: Estimator EST. NO.: 21OXX Bid Date/Time: X/XX/2021 2:OOPM Date: 10/8/2021 REFERENCE: PROJECT NAME Leed Electric Inc. is pleased to submit the following Electrical proposal for the above -referenced project per Plans and Specifications or Site Walk outlined below: ❖ SPECIFICATIONS SECTIONS: ❖ DRAWING SHEETS: ❖ ADDENDUM: 01 Work Scope: ■ Electrical safe Demo and demo of cabling (Removal of conduit and equipment by others). ■ Furnish and install conduit and wiring shown on electrical drawings Sheets E-001 thru 902. ■ Furnish and install cable tray system as shown Sheets E-052 & E-503. ■ Furnish and install Duct Banks per Duct Bank Sections Sheets E-854 Thru E-855 including precast concrete pull boxes, (INCLUDING 316SS CUSTOM DIVIDERS SPEC. F16130 -2.06-F) Plans Sheet E-007 Items 62 thru 69. ■ Furnish and install concrete encasement for new Electrical duct banks (Excavation and Backfill by Others). ■ Furnish and install grounding per grounding plans Sheets E-056, E-507, E-508. ■ Furnish and install Fire alarm System, Security System, and Cathodic Protection System per Plans and Specs. ■ Furnish and install all Lighting and Lighting Control System per plans Sheets E-120 thru E-133. ■ Furnish and Install Electrical switchgear per Switchgear drawings Sheets E-008 thru E-033. ■ Furnish and Install Liebert UPS Systems and equipment per plans Sheet. ■ Furnish and install Instrumentation and Control System per plans and specifications. ■ Final Termination to Contractor Furnished Generator and Generator Switchgear specified to be furnished by others. ■ Final Termination to Contractor Furnished Equipment including Electric Motors, Control Panel and Instrumentation specified to be furnished by others. ■ Final Termination to Owner Furnished Equipment including (15) (UV) Disinfection Reactors, (15) Unit Control Panels (UCP) and one Master Control Panel (MCP). ■ Project commissioning assistance for period of 90 days of continuous operation including at least one electrician and instrument mechanic available within an hour of request to support the testing, startup, and commissioning of the facility throughout the duration. ■ Power Studies, NETA Testing Seismic anchorage calculation, Product Submittals, Loop drawings, Loop check, Startup, Testing, As -built, Warranty, Spare Parts and Training for Leed Electric Furnished Equipment. ■ This proposal is based on field manpower by the International Brotherhood of Electrical Workers Local 441. 02 Exclusions: a. Demolition other than safe -off and pulling out wire. b. Bollards, concrete pads, coring, patching, pole bases, welding, grout, drypack, blockouts or formed concrete. c. Underground conduit trench excavation, pull box or manhole excavation, trench excavation of any kind, backfill, saw cutting, auguring, patching, concrete encasement, rebar reinforcement, concrete form work, shoring, trench plates, traffic control, sand bedding, crushed rock, surveying, and boring (Approx. 1720ft Long X min 2ft Wide X min 3ft Deep Trench for Cathodic Protection E-900) (Approx. 1,400ft Long X 2ft Wide X 3ft Deep Trench for Fiber Optics Conduit) and (Approx. 1,300ft X 4ft Wide 3ft Deep Trench for Duct Banks) d. Additional encasement concrete due to larger excavation (will be billed T&M). e. Concrete Cable Trench Sheet E-850 Section A -A, E-860, and E-811. f. Furnish and install raceway and wiring not shown on conduit and cable schedule unless otherwise specifically noted on scope of work. g. Furnish and install raceway and wiring between panels and instruments within package vendor skids. h. AC Induction Motor Electrical Testing. i. X-ray or detection services for exiting conditions. Rod Dean Estimating Manager Phone: (562) 270-9500 Fax: (562) 863-5723 Direct: (562) 270-9501 Mobile: (562) 307-0344 Email: Estimating@leedelectric.com Page 1 of 2 13138 ARCTIC CIRCLE LEED ELECTRIC INC. SANTA FE SPRINGS, CA 90670 DIR REG. NO. 1000004633 EXP. 6/30/22 Power, Control and Instrumentation Contractor Since 1979 CA License# 379096 C-10 EXP. 7/31/23 LS MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION Dep. of General Services SB -PW # 36862 j. Installation of process instruments and floats. k. Grounding unless shown on drawings. I. Repairs of existing raceways unless specially noted on scope of work. m. Seismic calculations, Loop Drawing and Electrical NETA Testing for equipment not supplied by LEED. n. Fiber Optic Cable and Terminations unless otherwise specifically noted on scope of work. o. Furnishing Generator, Remote Annunciator and Generator Switchboard Specifications Section F16230. p. Door Card Readers (By Door and Hardware Manufacturer Sheet E-494 thru E-498). q. Slide Gate Operators, Controllers, Traffic Loops, Key Pads and Operators (Include power to gate controllers). r. Pump Control Panels as furnished by Pump Manufacturers Spec. Sections F11140 and F15440. s. Irrigation System and Controllers (Includes power to irrigation controllers). t. Specifications Section F11 Equipment and its Controls Panels and associated instruments (Vendor Furnished). u. Specifications Section F15 Mechanical and its Control Panels and associated instruments (Vendor Furnished). v. Specification Section 13425 Furnish Flow Meters (Indicated as optional adder). w. Temporary Power, Temporary Generator, Generator Fuel, Temporary Phone Lines and Temporary Lighting. x. Motors, Pumps, Fans, Sunshades, Valves, Isolation Valves, Valve Actuators, Mechanical Tubing, Mechanical in - Line devices, MOV's, Solenoid Valves, Ball Valves, Butterfly Valves, Gate Valves and Valves of any other kind. y. Special inspection, Welding, Scaffolding and/or platforms, Dewatering, Painting, Fire Stopping, Asbestos or Lead abatement, Trach Containers, Onsite Parking Fees, Premium Time due to delays caused by other trades. z. Any mechanical HVAC equipment, Duct Detectors, CU, Mechanical Controls, Temp. Switches, and Exhaust Fans. aa. Permit fees, Inspection Fees, Bonding Premiums, and Utility Company Charges. 03 Qualifications: ■ We assume that we will be provided sufficient space on-site for storage containers and lay -down requirements. ■ Bid price is based on negotiation of mutually agreeable contract language. ■ This cost proposal pricing is based on "Total Bid Items" and not per individual bid items or unit prices that are solely provided for progress invoicing purpose. ■ LEED is not liable for delays, material shortage or cost increases due to COVID 19 or any other global pandemic. ■ Our bid is based on construction time of XX calendar days from NTP, on a five day per week, eight hour per day schedule, and is further contingent on preceding trades completing their work in a timely manner consistent with the original schedule. Pricing is firm for 14 days from the date of this bid unless noted otherwise herein. 04 Cost Proposal: Bid Item Description Total Cost #XX $ TBD #XX $ TBD TOTAL BID ITEMS: $ TBD Optional Adders: 1. Install Ultrasonic Flowmeter Sensors: $ PRICE TO FOLLOW 2. Furnish QTY (1) 144" Ultrasonic Flowmeter: $ PRICE TO FOLLOW 3. Furnish QTY (15) 48" Electromagnetic Flowmeters: $ PRICE TO FOLLOW Rod Dean Phone: (562) 270-9500 Fax: (562) 863-5723 Email: Estimating@leedelectric.com Estimating Manager Direct: (562) 270-9501 Mobile: (562) 307-0344 Page 2 of 2 ■ � � � City of Seal Beach `C C Y RFP On -Call Electrical Maintenance and Repair Services ELECTRIC LEED Electric, Inc. — Statement of Qualifications ATTACHED. 11 S e c t i o n G Leed Electric Inc. Oct. 8, 2021 SW.,m:. P��r1s wsrxs FEE & COST PROPOSAL FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST (Normal Working Hours) 0% of Total Cost /TASK ORDER MOBILIZATION COST (Non -Working Hours) 0% of Total Cost /TASK ORDER MINIMUM CALL UU I (in dollars or hours, if applicable) 4 Hours -�- NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME L1 Electrician $121.93 $ 165.40 $ 208.90 L2 Journeyman $103.61 $ 138.33 $ 173.06 L3 Helper/Apprentice (non -Journeyman) 581.59 $ 107.65 $ 133.69 L4 Superintendent $145.15 $196.90 $248.69 L5 L6 L7 17 (0 a �? Puftealkie w!lrs EQUIPMENT NO. DESCRIPTION UNIT PRICE E1 Pick up Truck $ 28.46 / HR E2 Bending/Threading Trailer $ 14.56 / HR E3 Power Generator (Under 10KW) $ 4.66 / HR E4 Forklift $ 500.00 / Week E5 Gradall $950.00 / Week MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE M1 Material 15% M2 Equipment 15 % M3 Labor 20% ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 18 119Fm?e8UfJDND� LnLEED ELECTRIC LEED ELECTRIC INC. 13138 Arctic Circle Santa Fe Springs, CA 90670 TEL: (562) 270-9500 www.leedelectric.com Project: On -Call Electrical Maintenance & Repair LEI CE# TEXXXXX-XXX DATE: XX/XX/XXXX Contract: TXX-XXX RFI # LOCAL: 11 Customer: City of Seal Beach CD/DOC # ESTIMATOR: AS Description of -SAMPLE Work: I. Material 1 . Material (See attached detail sheet) $ 2 . Quoted Material & Services (See attached vendor quotes) $ 3 . Allowance Miscellaneous Material/Consumables/Small Tools 0.00% of Line 1 &2 $ 4 . Subtotal: $ 5 . Sales Tax at applicable rate 10.50% of Line 4 $ 6 . Shipping and Handling $ 7. Total Material Cost: $ II. Field Labor Regular Time Over Time x1.5 Over Time x2.0 8a . Electrician Labor Man Hours (see attached detail sheet) 0.00 hrs 0.00 hrs 0.00 hrs 8b . Job Factor 0.00 hrs 0.00 hrs 0.00 hrs 8c . Electrician Labor Efficiency Factor 0.00 hrs 0.00 hrs 0.00 hrs 8d . Safety 0.00 hrs 0.00 hrs 0.00 hrs 8e . Clean-up 0.00 hrs 0.00 hrs 0.00 hrs 8f. As -Built Drawings 0.00 hrs 0.00 hrs 0.00 hrs 8g. TOTAL ESTIMATED DIRECT LABOR MH (8a thru 8f) 0.00 hrs 0.00 hrs 0.00 hrs 9 . Journeyman hours (from 8g above -Regular Time) 0.00 hrs @ $103.61 /hour $ 9a . Journeyman hours (from 8g above -OT 1.5x) 0.00 hrs @ $138.33 /hour $ 9b . Journeyman hours (from 8g above -OT 2.0x) 0.00 hrs @ $173.06 /hour $ 10 . Electrician GF/FM (Regular Time) 0.00 hrs @ $121.93 /hour $ 10a . Electrician GF/FM (Over Time 1.5x) 0.00 hrs @ $165.40 /hour $ 10b . Electrician GF/FM (Over Time 2.0x) 0.00 hrs @ $208.90 /hour $ 11 . Helper/Apprentice (Regular Time) 0.00 hrs @ $81.59 /hour $ 12a . Helper/Apprentice (Over Time 1.5x) 0.00 hrs @ $107.65 /hour $ 12b . Helper/Apprentice (Over Time 2.0x) 0.00 hrs @ $133.69 /hour $ 13 . Total Direct Labor 9 thru 12 0.00 $ 14. Allowance Miscellaneous Material/Consumables/Small Tools 0.00% $ 15 .Overtime Expense from attached Schedule if applicable. 16. TOTAL LABOR COST: $ III. DIRECT JOB EXPENSE 17. Truck w/tools 0.00 hrs @ $28.46 /hour $ 18 . Bending/Threading Trailer 0.00 hrs @ $14.56 /hour $ 19 . Power Generator (under 10KW) 0.00 hrs @ $4.66 /hour $ 20 . Forklift 0.00 hrs @ $500.00 /Week $ 21 . Gradall 0.00 hrs @ $950.00 /Week $ 22 . Project Manager/Design Consult/Fabrication 0.00 hrs @ $125.00 /hour $ 23 . Make Copies of Prints $0.00 $ 24 . Rented/Owned Tools & Equipment (See attached Equipment list) $ 25 . Allowance Miscellaneous Material/Consumables/Small Tools 0.00% $ 26. TOTAL EXPENSES: $ IV. OVERHEAD AND PROFIT 27 . Material $ 28 . Material Markup 15.0% of line 27 $ 29 . Field Labor $ 30 . Field Labor Markup 20.0% of line 29 $ 31 . Direct Job Expense $ 32 . Direct Job Expense Markup 15.0% of line 31 $ 33 . Subcontract (See attached subcontractor quotes) $ 34 . Subcontract markup 15.0% of line 33 $ 35 . Totals of Line 27 through 34 $ 36 . Extended Overhead Breakdown (see attached Breakdown sheet) $ 37 . Inefficiency Costs (see attached worksheet) $ 38 . Subtotal $ 39 . Bond Adder 0.00% of line 38 $ 40. TOTAL FOR THIS ESTIMATE V. EXTENSION OF TIME REQUIRED: X Ud5ed Oil d X me Note: This Pricing is valid for 14 calendar days ■ � � � City of Seal Beach `C C Y RFP On -Call Electrical Maintenance and Repair Services ELECTRIC LEED Electric, Inc. — Statement of Qualifications None at this time. 11 S e c t i o n H Leed Electric Inc. Oct. 8, 2021 Ln■ ��� LCCLI ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Firm Name LEED Electric, Inc. Corporate Office Address 13138 Arctic Circle, Santa Fe Springs, CA 90670 Corporate Phone and Fax Numbers Firm Phone # Firm Fax # (562) 270-9500 (562) 863-5723 Federal Tax ID # 95-3337191 Business Type S -Corporation Established 3/1/1979 in California DUNS No.: 09-916-2901 CAGE Code: OXJH1 0048-131380000-1 Exp. Date: 06/30/2022 Business License City of Santa Fe Springs, California License No. 379096 Exp. Date: 07/31/2023 State of California Contractors State License Board Contractor License A - General Engineering Contractor C-10 - Electrical Contractor DIR Contractor Registration DIR Registration No. 1000004633 EXP. Date: 06/30/2022 County of Los Angeles (LSBE) #139996 Exp. Date: 04/30/2022 SBE Certification State of California (Dept. of Gen Services) #36862 Exp. Date: 04/30/2022 NAICS 238210 Seyed A. Jamali Dinan, Chief Executive Officer Principals/Officers Annette Iribarren, Corporate Secretary & Controller Darren Roesch, Operations Manager Rodney Dean, Vice -President & Chief Estimator Years with Company Seth Jamali Dinan: 8 years Rodney Dean: 18 years Telephone and Fax Numbers Phone # Fax # (562) 270-9500 (562) 863-5723 Name, Title, Phone No., and Email of Seth A. Jamali Dinan (562) 270-9500 Contact Person for the Proposal sjamali@leedelectric.com Total # of Employees with the Firm 100 WebVen # 13999601 1ISection I LEED Electric Inc. Oct. 8, 2021 m I' OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this MAR 21979 V (/t OA& qW� '�� Secretary of State SEC/STATE FORM CE -107 (REV. 1.76) 13 (1) n nco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 161 17 18 191 20 21 22 23 24 25 26 ENDORSED FILED ARTICLES OF INCORPORATIOa!'Qthe office of the Secretary of Stato of the State of California OF MAR 1.1979 MARCH FONG EU, Secretary of State LEED ELECTRIC, INC. By BILL HOIDEN Deputy I The name of this corporation is LEED ELECTRIC, INC. II The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III The name and address in the State of California of this corporation's initial agent for service of process is: JOANN SEDITA, 1426 North Alta Mesa way, Brea, California 92621. IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 25,000. DATED: February 22, 1979. J-OANN SEDITA I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. SEDITA California Secretary of State Electronic Certified Copy ,ySy V''C41 i l OPN�p: y:i I, ALEX PADILLA, Secretary of State of the State of California, hereby certify that the attached transcript of 2 pages is a full, true and correct copy of the original record in the custody of the California Secretary of State's office. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California on this day of April 03, 2020 ALEX PADILLA Secretary of State Verification Number: P8R2DNK Entity (File) Number: C0884546 To verify the issuance of this Certificate, use the Verification Number above with the Secretary of State Electronic Verification Search available at bizfile. sos. ca. gov E't °P rhe Qt1 �,' * California Secretary of State .r: s Electronic Filing C4L IFI%%N.t Corporation - Statement of Information Entity Name: LEED ELECTRIC, INC. Entity (File) Number: C0884546 File Date: 04/01/2020 Entity Type: Corporation Jurisdiction: CALIFORNIA Document ID: GE57139 Detailed Filing Information 1. Entity Name: LEED ELECTRIC, INC. Secretary of State State of California 2. Business Addresses: a. Street Address of Principal Office in California: 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America b. Mailing Address: 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America c. Street Address of Principal Executive Office: 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America 3. Officers: a. Chief Executive Officer: Seyed Jamali 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America b. Secretary: Annette Iribarren 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America Use bizfile. sos. ca.gov for online filings, searches, business records, and resources. rn M ti LO W 0 c N E U O w Officers (cont'd): California Secretary of State Electronic Filing c. Chief Financial Officer: 4. Director: Number of Vacancies on the Board of Directors: 5. Agent for Service of Process: 6. Type of Business: Seyed Jamali 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America Seyed Jamali 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America Seyed Jamali 13138 Arctic Circle Santa Fe Springs, California 90670 United States of America Electrical Contractor By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign. Electronic Signature: Annette Iribarren Use bizfile. sos. ca. gov for online filings, searches, business records, and resources. MA n NA r1w ■ ��� `CCY ELECTRIC City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Certificates attached. 11 S e c t i o n J Leed Electric Inc. Oct. 8, 2021 License No. 379096 Exp. Date: 07/31/2023 State of California Contractors State License Board Contractor License A - General Engineering Contractor C-10 - Electrical Contractor DIR Contractor Registration DIR Registration No. 1000004633 EXP. Date: 06/30/2022 Certificates attached. 11 S e c t i o n J Leed Electric Inc. Oct. 8, 2021 CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE -,,,,-,379096 LEED ELECTRIC INC CORP C10 A 07/31/2023 Wwwcslb.ca.gov Firefox Contractor Information Legal Entity Name LEED ELECTRIC INC Legal Entity Type Corporation Status Active Registration Number 1000004633 Registration effective date 7/1/2021 Registration expiration date 6/30/2022 Mailing Address 13138 ARCTIC CIRCLE SANTA FE SPRINGS 90670 C... Physical Address 13138 ARCTIC CIRCLE SANTA FE SPRINGS 90670 C... Email Address Trade Name/ DBA License Number(s) CSLB:379096 CSLB:379096 Legal Entity Information Corporation Number: C0884546 Federal Employment Identification Number: President Name: SEYED JAMALI Vice President Name: RODNEY DEAN Treasurer Name: Secretary Name: ANNETTE IRIBARREN CEO Name: SEYED JAMALI https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Agent of Service Name: SEYED JAMALI Agent of Service Mailing Address: 13138 ARCTIC CIRCLE SANTA FE SPRINGS 90670 CA United States of America Workers Compensation 1 of 2 Registration History Effective Date Expiration Date 6/22/2018 6/30/2019 6/13/2017 6/30/2018 6/28/2016 6/30/2017 6/5/2015 6/30/2016 1/5/2015 6/30/2015 7/1/2019 6/30/2020 7/1/2020 6/30/2021 7/1/2021 6/30/2022 10/8/2021, 8:20 AM Firefox https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:LEED ELECTRIC INCInsurance Carrier:Zurich American Ins Co Policy Number:WC 3243711-02Inception date:9/30/2020Expiration Date:9/30/2021 2 of 2 10/8/2021, 8:20 AM ■ ��� I..CCY ELECTRIC Binding Signatures for LEED Electric, Inc. Rodney Dean Vice -President Seyed A. Jamali Dinan Chief Executive Officer IlSection K City of Seal Beach RFP On -Call Electrical Maintenance and Repair Services LEED Electric, Inc. — Statement of Qualifications Leed Electric Inc. Oct. 8, 2021 EXHIBIT C 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, Contractor 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", Contractor 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. Contractor 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. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor 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. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor 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. Contractor 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 Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor 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, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor 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. Contractor 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 Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor 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 Contractor 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, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for 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, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor 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. Contractor 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. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor'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 Contractor, 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 Contractor under this Section shall survive the termination of the Agreement. MAINTENANCE SERVICES AGREEMENT for On -Call Electrical Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 (760) 745-2001 This Maintenance Services Agreement ("the Agreement") is made as of December 13, 2021 (the "Effective Date"), by and between Baker Electric, Inc., a California corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task electrical maintenance and repair services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals ("RFP") on September 15, 2021, titled "On -Call Electrical Maintenance and Repair Services." Contractor submitted a proposal dated October 8, 2021, in response to the RFP. C. Contractor represents that the principal members of its firm are qualified California licensed contractors License #161756, DIR #1000000466 and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Contractor as an independent contractor and Contractor 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. Strictly on an on-call basis, Contractor shall provide those electrical maintenance and related repair services (collectively "Services") in the Request for Proposals attached hereto as Exhibit A, and Contractor's Proposal attached hereto as Exhibit B, and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 2of19 the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on December 13, 2024, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from December 13, 2024 through and including December 13, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from December 13, 2025 through and including December 13, 2026, 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 Contractor's Compensation 3.1. In consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed amount of $300,000 (Three Hundred Thousand dollars and 00/100) for the Original Term. 3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 3 of 19 Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor's performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 (One Hundred Thousand dollars and 00/100) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 4 of 19 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Nick Jackson is the Contractor's primary representative for purposes of this Agreement. Nick Jackson shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 Attn: Theodore N. Baker 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the 5 of 19 Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 6 of 19 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, 7 of 19 discussion, or other information (collectively "Data & Documents") developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer E-3on51• software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, 9 of 19 whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 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 and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 10 of 19 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall 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. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 11 of 19 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not 12 of 19 comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under Section 18.0. 17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duty. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 13 of 19 independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such 14 of 19 statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 15 of 19 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 16 of 19 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such 17 of 19 correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 31.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 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 18 of 19 EXHIBIT Request for Proposals for On -Call Electrical Maintenance and Repair Services City of Seal Beach Request for Proposals for On -Call Electrical Maintenance and Repair Services RFP responses to be received until 2:00 P.M., October 8, 2021 in the Public Works Department ATTN: Iris Lee, City Engineer/Deputy Public Works Director Approved for Advertising: Iris Lee City Engineer Date Issued: September 15, 2021 ( Y *a f Publ/c WirKs Table of Contents INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Fee & Cost Proposal EXHIBIT B — Sample Contract xhibit samples removed as part of final agreement. 2 ( Y *a f Publle WirKs REQUEST FOR PROPOSALS FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee =,sealbeachca.gov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. INTRODUCTION The City of Seal Beach ("City") owns and operates municipal facilities and utility infrastructure that are powered by electricity and equipped with motor systems. The City is seeking one or more well-qualified contractors who would be available to provide on-call electrical maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three 3 ears. The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary as identified in the scope of work. The final agreement amount and term will depend on the quality, diversity, responsiveness of the received proposals, and the future need for emergency and unexpected task work. The scope, work schedule, and fee for repair services will be negotiated on a task -by -task basis. The City reserves the right to not accept the Contractor's scope and fee. Due to the on-call nature of this contract, no work is guaranteed, even if awarded QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class C10 -Electrical license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional electrical maintenance and repair service. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. 3 _.� P�rir!!c �Ysrxs • Registered with the Department of Industrial Relations. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. Familiarity with public sector maintenance and repair contracts. • Adequate availability of key team members. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform electrical maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The work may include, but is not limited to, complete troubleshooting/evaluating, laying out, installing, repairing, routing/rerouting, replacing, wiring, testing, and inspecting electrical services, electrical wire systems, and components used to provide heat, light, power, air conditioning, refrigeration, pumps, motors in municipal buildings, facilities, and utilities. Services may also include installing and repairing conduits and other materials; connecting electrical machinery equipment, controls, and transmission systems and service other electrical related issues that may arise and services necessary to ensure safe, well maintained electrical systems. Work shall comply with the National Electrical Code, California Mechanical Code, Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any related codes, specifications, standards, policies, and regulations from Agencies Having Jurisdiction (AHJ's). Repair Work Repair Work will require a written cost proposal from the contractor and approval from the City prior to commencing work. Work shall be charged according to the Fee and Cost Proposal. The cost incurred for any materials and parts used by the contractor shall be billed to the City with up to a 15% mark-up. Invoices submitted to the City for payment must include back-up documentation indicating the price charged to the contractor for materials. The hourly rate charged to the City shall be for time spent on the job — driving to and from the job site is not included in that cost. Prior to payment of invoices, contractor must furnish preventative maintenance checklists for each location serviced that clearly identifies the work completed at each site. No additional compensation will be allowed for extraordinary repairs. 4 ( Y *a f Publle WirKs IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by October 1, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 9/15/2021 10/1/2021 10/8/2021, 2:00p.m. October 2021 November 2021 December 2021 Proposals are due by 2:00 PM on October 8, 2021 to the following. Postmarks will not be accepted. Iris Lee City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection 5 .,� !vow,,/ Mile Works under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References List of Subcontractors Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. M. _.� P�rir!!c �Ysrxs • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. Contractor's license and class, DIR registration, address, phone number, and type of work shall be provided for each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements. Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request. Fee & Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for On -Call Electrical Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Contractor shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Contractor's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Contractors. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Contractor(s), if necessary. 7 ( Y *a f Publ/c WirKs VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (35 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Provide as reference the name of at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years. 3. Organization & Approach (30 points) a. Contractor's understanding of requested Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and/or non -emergency Work. c. Contractor's availability to complete both small and large scale services without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or form a quality sub -contracting team. e. Contractor's understanding of the nature of public sector work and its decision-making M. , !vow,,/ Mile Works process. f. Contractor's proposal conforming to the Request for Proposals and Professional Maintenance Agreement. 4. Fee (35 points) a. Fee & Cost proposal b. Quality of sample letter proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to include a list of sub -contractors with the Proposal, if applicable. A form for this purpose is found herein. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be M ( Y *a f Publle WirKs required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Staff The Contractor shall require each of his/her employees to adhere to basic standards of working attire and other gear required by State Safety Regulations, and proper wearing of clothing. b. Typical Tasks Contractor shall supply staff with the necessary skills to perform duties in connection with electrical maintenance and repair services. c. Licenses Contractor shall possess a valid Contractor's "C-10" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the electrical maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicle and Equipment Maintenance All vehicles and equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. b. Storage of Equipment 10 .,� !vow,,/ Mile Works The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. METHOD OF WORK The electrical maintenance and repair work shall involve all work necessary to complete the work in place. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Where applicable, Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach, applicable Building Codes, Equipment Manufactures specifications, and other governing bodies or Agencies Having Jurisdiction (AHJ's). The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. TRAFFIC CONTROL The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Payment for traffic control shall be included in the various items in the cost proposal. PROTECTION FROM DAMAGE The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be 11 .,� !vow,,/ Mile Works safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. PROTECTION OF EXISTING UTILITIES The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests should be requested through USA (1-800-422-4133). TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. AUTHORIZATION OF WORK Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within three (3) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and 12 Publ/c WirKs • A detailed Work schedule. No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal or notice to proceed. PROGRESS OF WORK Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. ALTERATIONS The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. EXTRA WORK 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. ACCEPTANCE OF WORK DONE The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with the referenced specification, and if applicable, accepted. BILLING FORM, RECORDS, AND REPORTS The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of 13 .,� !vow,,/ Mile Works such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. WITHHOLDING OF PAYMENT If, in the event that deficiencies are determined by City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due for Work not performed will be based upon the cost worksheets, which are to be submitted at the time of submittal of the Letter Proposal plus mark-up. XI. GENERAL CONDITIONS A. Signature The Letter Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.seaIbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and 14 .,� !vow,,/ Mile Works state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the proposal. 15 EXHIBIT B Contractor's Proposal EXHIBIT C 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, Contractor 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", Contractor 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. Contractor 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. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor 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. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor 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. Contractor 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 Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor 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, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor 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. Contractor 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 Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor 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 Contractor 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, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for 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, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor 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. Contractor 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. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor'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 Contractor, 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 Contractor under this Section shall survive the termination of the Agreement. i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Public Works Director SUBJECT: Notice of Completion for the City Hall Exterior Stairway Rehabilitation, CIP BG2102 SUMMARY OF REQUEST: That the City Council adopt Resolution 7224: Accepting the City Hall Exterior Stairway Rehabilitation Project, CIP BG2102, by Noble E&C, Inc. in the amount of $128,845; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: As part of the Citywide Facility Condition Assessment, dated October 2011, the City Hall exterior stairway was identified to be in poor condition. The project to rehabilitate the structural integrity of the stairway and modify it to meet current ADA requirements was budgeted in the FY 2020-2021 Capital Improvement Program. The work generally included the removal and replacement of the City Hall exterior staircase, utility doors, and access door. On June 14, 2021, the City Council adopted Resolution 7161, awarding a construction contract to Noble E&C, Inc. for the Project in the amount of $114,700, and established a construction contingency not -to -exceed amount of $55,000. Change orders were issued in the amount of $14,145 for unforeseen conditions discovered during the construction phase. This included the removal and replacement of damaged concrete pad, termite prevention, added fire -rated access door under stairs, and extended painting limits. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct Agenda Item K staff to file a Notice of Completion with the Orange County Clerk's Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 (d) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The FY 2020-2021 Capital Improvement Program budget allocated $200,000 towards City Hall Exterior Stairway Rehabilitation, CIP BG2102. The approved construction contract budget plus established construction contingency totaled $169,700. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Base Bid Items $ 114,700 Contract Change Orders $ 14,145 Total $ 128,845 A portion of contract contingency was allocated towards extending the pavement rehabilitation limits to the adjacent alley parking lot due to favorable unit pricing. As Noble E&C declined the additional work request, the paving rehabilitation work was completed by another contractor at comparable unit pricing. This work was completed within the project budget. 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 7224: Page 2 Accepting the City Hall Exterior Stairway Rehabilitation Project, CIP BG2102, by Noble E&C in the amount of $128,845; 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. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Public Works Director Prepared by: Denice Bailey, Assistant Engineer ATTACHMENTS: A. Resolution 7224 B. Notice of Completion Page 3 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager RESOLUTION 7224 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE CITY HALL EXTERIOR STAIRWAY REHABILITATION, CIP BG2102, AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the City Hall Exterior Stairway Rehabilitation, CIP BG2102 Project (the "Project") by Noble E&C, Inc. in the amount of $128,845 for the work performed. Section 2. The City Clerk is hereby directed to file a "Notice of Completion" for the Project with the Orange County Clerk -Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7224 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on October 07, 2021. The work was City Hall Exterior Stairway Rehabilitation, CIP. BG2102. 6. The name of the contractor(s), if any, for such improvement was: Noble E&C, Inc. The date of the Contract Award was June 14, 2021. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 211 8th Street, Seal Beach, CA 90740. Date: Director of Public Works, P.E, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2021, at Seal Beach, California. (Date of Signature) Director of Public Works, City of Seal Beach U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Approving and Authorizing a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority 1-405 Improvement Project Storm Water Inspection Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7225: 1. Approving a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority 1-405 Improvement Project Storm Water Inspection Services in the not -to -exceed amount of $14,000; and, 2. Authorizing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve contract changes to the Professional Services Agreement with John L. Hunter and Associates in the amount not -to -exceed $1,400. BACKGROUND AND ANALYSIS: On June 27, 2016, City Council approved Cooperative Agreement No. C-6-1126 (CO-OP) between the Orange County Transportation Authority (OCTA) and the City of Seal Beach for the 1-405 Freeway improvement Project (Project). The 1-405 Project will provide for one additional general purpose lane and two toll lanes in each direction between the West County Limit and City of Costa Mesa. The CO-OP outlined the responsibilities of both the City and OCTA throughout the course of the project and upon completion, and provides the financial mechanism for the City to receive reimbursement funds for staff time, consultant assistance, and pavement restoration upon project completion. CO-OP, as previously amended by Amendments No. 1 and No. 2, provides for a Project total allowance of $740,600. The project is estimated to be complete in 2023. Agenda Item L As part of the consultant assistance needs, staff solicited and received a proposal from John L. Hunter and Associates (JLHA) to provide all drainage and storm water National Pollutant Discharge Elimination System (NPDES) compliance inspection related to the Project. This service is 100 percent reimbursable through the CO- OP. The breakdown for the costs for this work is as follows: Description Amount John L Hunter Proposal dated 11.9.21 $ 14,000 John L Hunter 10% Contingency $ 1,400 Estimated Project Total $ 15,400 ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval the Professional Services Agreement with John L. Hunter and Associates will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and resolution and approved as to form. FINANCIAL IMPACT: OCTA will reimburse the City for Project -related expenditures as defined in the CO-OP up to a total of $740,600, unless more funds are requested and agreed to. No City funds will be expended for Project design, construction and post construction phases. 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 RECOMMENDATION: That the City Council adopt Resolution 7225: 1. Approving a Professional Services Agreement with John L. Hunter and Associates for the Orange County Transportation Authority 1-405 Improvement Project Storm Water Inspection Services in the not -to -exceed amount of $14,000; and, 2. Authorizing the City Manager to execute the Professional Services Agreement; and, 3. Authorizing the City Manager to approve contract changes to the Professional Services Agreement with John L. Hunter and Associates in the amount not -to -exceed $1,400. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. QSD, Associate Engineer ATTACHMENTS: A. Resolution 7225 B. JLHA Agreement Page 3 RESOLUTION 7225 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES FOR THE ORANGE COUNTY TRANSPORTATION AUTHORITY 1-405 IMPROVEMENT PROJECT STORM WATER INSPECTION SERVICES WHEREAS, Orange County Transportation Authority (OCTA), in cooperation and partnership with the California Department of Transportation (Caltrans), is proposing to reduce congestion and improve lane continuity through the 1-405 corridor with improvements to mainline and interchanges on 1-405 between State Route 73 and Interstate 605; and, WHEREAS, OCTA, in cooperation and partnership with the Caltrans, entered into Cooperative Agreement No. C-6-1126, dated June 27, 2016, defining the specific terms, conditions, and funding responsibilities between the OCTA and City of Seal Beach; and, WHEREAS, City desires to use consulting services as allowable under Cooperative Agreement No. C-6-1126 to provide storm water inspection services for the OCTA 1-405 Improvement Project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a Professional Services Agreement (Agreement) to John L. Hunter and Associates to provide OCTA 1- 405 Improvement Project Storm Water Inspection Services in a not - to -exceed amount of $14,000. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City. Section 3. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Agreement in the amount of $1,400. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021 by the following vote: F-10:111111111111110i61.Pi ILYA[ai11ST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7225 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13t" day of December 2021. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Consultant Services, OCTA 1-405 Freeway Improvement Project between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 John L. Hunter & Associates, Inc. 6131 Orangethorpe Ave, Suite 300 Buena Park, CA 90620 (562) 802-7880 - Phone (562) 802-2297 - Fax This Professional Service Agreement ("the Agreement") is made as of December 13, 2021 (the "Effective Date"), by and between John L. Hunter & Associates, Inc. ("Consultant"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional services for NPDES consulting services in the manner set forth herein and more particularly described in Section 1.0, below. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide NPDES consulting services related to the MS4 Construction Program for the Interstate 405 (1-405) Widening Project ("Project"). C. Consultant represents that the principal members of its firm are qualified professional NPDES inspectors and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D, City desires to retain Consultant as an independent contractor 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 (collectively "Services") set forth in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and 2 of 20 Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date, and shall remain in full force and effect through and including June 30, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement. 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 but in no event will the City pay more than the total not -to -exceed amount of $14,000 (Fourteen thousand dollars and no/100 cents) for the Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 3 of 20 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. John Hunter is the Consultant's primary representative for purposes of this Agreement. John Hunter shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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 City: John L. Hunter & Associates, Inc. 6131 Orangethorpe Ave., Suite 300 Buena Park, California 90620 Attn: John Hunter 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4 of 20 certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.4 Independent Contractor 9.1. 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. Consultant will determine the means, methods, and details by which Consultant's employees and other 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. 9.2. 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 email 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 (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) 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 (3) 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. 9.3. 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 5 of 20 subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. 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,, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, 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 any other provision of this Agreement. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 6 of 20 Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively "Data & Documents") 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. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. 11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Consultant's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, 7 of 20 duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 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. 8 of 20 14.0 Prohibition Against Assignment or Delegation Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 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 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 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All Services 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 and other applicable local, state and federal laws, industry safety orders and/or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over City and/or Consultant, during Consultant's performance of the Services. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or 9 of 20 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 City any hazardous condition noted by Consultant. 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. 17.0 Insurance 17.1. General Requirements. 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. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect 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, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability, within minimum limits of $1,000,000 per claim/aggregate. If a "claims made" 10 of 20 policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of 111sr.3rers. The Insurance policies required under this Section shall 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. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials 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. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Nan -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, 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 elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the 11 of 20 role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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 City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Seff-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City. 17.10. Cily Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duly to, lake out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by 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 City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance 12 of 20 policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 18.0. 17.13. Broader CoveragelHigher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14: Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed 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 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, 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, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 13 of 20 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities 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 Liabilities 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. 18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indernnily agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this 14 of 20 Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, agephysical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 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. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor 15 of 20 Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. 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. 16 of 20 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. 27.2. 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. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability. of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed, nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections 17 of 20 In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 31.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits 18 of 20 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. 35.0 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. 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: Jill R. Ingram, City Manager Attest: By: Gloria D. Harper, City Clerk Approved as to Form: By: G-f6ig A. Steele, City Attorney CONSULTANT: John L. Hunter & Associates, Inc., a California corporation By: Name: Its: By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 19 of 20 EXHIBIT A Consultant's Proposal E I 3 November 9, 2021 David Spitz, Associate Engineer City of Seal Beach 2118th Street Seal Beach, CA 90740 ohnL.-liunter ANS ASSOCIATES, INC. Subject: Proposal for Professional NPDES Consulting Services related to the MS4 Construction Program for the 1-405 Widening Project Dear David Spitz: John L. Hunter and Associates (JLHA) welcome the opportunity to continue offering our professional NPDES services to the City of Seal Beach. JLHA is a local environmental consulting firm established in 1985 that has been assisting municipalities with their NPDES programs for over 30 years. Scope of Work This scope of services consists of providing knowledgeable personnel to assist the City of Seal Beach with its MS4 NPDES Construction Program requirement for the 1-405 Widening Project. The timeframe of this proposal for a period of two years, the expected duration of construction for the project. The services may be extended for additional months upon written agreement by the City and JLHA. Construction Program The following page lists the scope of work for this project, which focuses on tracking, inspecting, and reporting at the State -permitted 1-405 Widening Project construction site. This scope of services covers the project area residing within the Seal Beach city limits. Thank you again for the opportunity to offer our services. If you have any questions, please contact me at jbrickey@jlha.net, or 562.676.5703. Sincerely, Jillian Brickey Scope Tasks JLHA will conduct inspections of the construction project (1-405 Widening Project) for implementation of adequate Best Management Practices (BMP). Inspections will follow the standard operating procedures listed in the MS4 Permit, to include determining the project's impact on stormwater quality, BMP implementation, and need for corrective action. Routine inspections will be conducted monthly during the designated wet season (October 1st through April 30th). Additional inspections may be conducted as requested by the city. Inspection reports and site photos will be stored in an on-line database accessible to the city. Reports will also be emailed to city monthly. JLHA will routinely communicate with city staff on the project status and inspection outcome. For instances of non-compliance, enforcement notices will be prepared following the city ordinances and NPDES Permit requirements. Follow up inspections will be conducted within the required timeframe should deficiencies be observed. If noncompliance persists, we will work with City enforcement staff to resolve the issue. JLHA staff performing the construction inspections maintains a Qualified SWPPP Practitioner (QSP) certification. Estimated Costs This project will be on a time and materials basis. A summary of the estimated costs and our Standard Rate Schedule is included below. JLHA will provide consultant services not to exceed the budgetary amount without the City's prior authorization. If during implementation of our services, changes in our initial scope estimates result in a potential exceedance of the total cost estimate, we will inform the City as soon as possible. Not -to -Exceed Cost Estimate for Construction Inspection Services Scope Task NPDES Inspections and associated tasks (1-405 Widening construction project) Total Cost ' CS: Compliance Specialist Staff I Rate I Hours I Year 1 Year 2 CS2 1 $125 1 56 1 $7,000 1 $7,000 $7,000 1 $7,000 Total for 2 years $14,000 Standard Rate Schedule Principal $195 / hour Director $175 / hour Program Manager $175 / hour Staff Engineer $175 / hour Project Manager $165 / hour Assistant Project Manager $155 / hour Project Engineer $155 / hour Compliance Specialist II $125 / hour Project Analyst II $125 / hour Industrial/commercial facility inspection $125 / unit Compliance Specialist 1 $115 / hour Project Analyst 1 $115 / hour Administrative Assistant, Laborer (OSHA 40hr certified) $75 / hour State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost +S Fee Schedule effective as of January 1, 2021 JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city. 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 V). 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 tho prevailing rate of por diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement, 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program, Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement, 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions _of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Owen Group Limited Partnership for Americans with Disabilities Act Self - Evaluation and Transition Plan Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7226: 1. Approving Amendment No. 2 to the Professional Services Agreement, as previously amended by Amendment No. 1 dated December 14, 2020, with Owen Group Limited Partnership for Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan services; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. BACKGROUND AND ANALYSIS: On September 23, 2019, the City entered into a professional services agreement with Owen Group Limited Partnership to prepare the City's ADA Self -Evaluation and Transition Plan in the amount of $165,440. On December 14, 2020, the City entered into Amendment No. 1 of the Agreement extending the Agreement termination date to December 31, 2021. The ADA Self -Evaluation and Transition plan was scheduled to be completed prior to the end of year 2021; however, progress was delayed more than originally anticipated with the ongoing COVID-19 pandemic resulting in national, state, and local states of emergency and health orders. As such, staff recommends approving Amendment No. 2 extending the Agreement term to August 30, 2022, without any increase in compensation from that authorized under the Agreement. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be Agenda Item M seen with certainty that approval of Amendment No. 2 to the Professional Services Agreement with Owen Group Limited Partnership will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The Professional Services Agreement with Owen Group Limited Partnership is in the amount of $165,440. No additional funds are being requested as part of Amendment No. 2. 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 7226: 1. Approving Amendment No. 2 to the Professional Services Agreement, as previously amended by Amendment No. 1 dated December 14, 2020, with Owen Group Limited Partnership for Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan services; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer Page 2 ATTACHMENTS: A. Resolution 7226 B. Agreement with Owen dated September 23, 2019 C. Amendment No. 1 with Owen dated December 14, 2019 D. Amendment No. 2 with Owen Page 3 RESOLUTION 7226 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH OWEN GROUP LIMITED PARTNERSHIP FOR ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES WHEREAS, on September 23, 2019, City Council adopted Resolution 6958 approving a Professional Services Agreement (Agreement) with Owen Group Limited Partnership (Owen) in the amount of $165,440 to provide professional ADA self-evaluation and transition plan services; and, WHEREAS, on December 14. 2020, the City entered in Amendment No. 1 of the Agreement with Owen to extend the Agreement term; and, WHEREAS, the onset of the COVID-19 pandemic and the resulting national, state and local states of emergency and health orders, placed the project on hold longer than anticipated, and the Agreement will expire on December 31, 2021; and, WHEREAS, the City and Owen desire to extend the Agreement term without any increase in compensation. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 2 dated December 13, 2021 to the Agreement dated October 23, 2019, as previously amended by Amendment No. 1 dated December 14, 2020, between the City of Seal Beach and Owen Group Limited Partnership to extend the Agreement term to August 30, 2022. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 2. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: F-10:111111111111110i61.Pi ILYA[ai11ST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7226 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for ADA Self -Evaluation and Transition Plan between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 (800) 600-6936 This Professional Service Agreement ("the Agreement") is made as of September 23, 2019 (the "Effective Date"), by and between Owen Group Limited Partnership ("Consultant'), a Nevada Limited Partnership, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional ADA self-evaluation and transition plan services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional to conduct ADA accessibility services and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in. consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1 of 13 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall expire at midnight on December 31, 2020, unless sooner terminated or extended as provided by this Agreement. 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 One Hundred Sixty Five Thousand Four Hundred Forty Dollars and 00/XX ($165,440.00) for the Original Term. 3.2. 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 2of13 business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Steve Hooper is the Consultant's primary representative for purposes of this Agreement. Steve Hooper shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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: Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 Attn: Steve Hooper 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3 of 13 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 4of13 subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, 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 any other provisions of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension contributions to PERS on behalf of qualifying employees. In providing its employees and any other personnel to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and shall not assign or utilize any personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provisions of this Agreement. 5 of 13 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the pubtic and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders 6of13 to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII1, 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); (3) Workers' Compensation and Employer's Liability coverages; and, if required by the City, (3) Professional Liability coverages (or Errors and Omissions Liability coverage, as appropriate). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled 7of13 except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. 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 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its 8of13 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. 16.1.1. For Design Professional Services: If Consultant's Services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, 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, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnitees. Other than in the performance of professional services, or design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action 9of13 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. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other. provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is 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. 10 of 13 18.0 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. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement_ 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 11 of 13 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the. Agreement as if set forth in full herein. In the event of any material discrepancy 12 of 13 between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 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 Attest: By: Approved Attorney CONSULTANT Partnership, Partnership Owen Group Limited a Nevada Limited By: 1W 4 Name: Heather Bush Vice President ecretary i:s me:lsam Hasenin Vice President (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313.) 13 of 13 EXHIBIT A Consultant's Proposal AL CITY OF SEAL BEACH DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS (RFP) FOR ADA SELF-EVALUATION AND TRANSITION PLAN DATE: JULY 26, 2019 OWEN A BUREAU VE RITAS GROUP COMPANY 'wl- L� 0 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN A 86REA6 VERITAS 69 OLIP COMPANY City of Seal Beach Department of Public Works Attention: Iris Lee, Deputy Public Works Director/City Engineer Capital Projects 211 Eighth Street Seal Beach, CA 90740 220 Technology Drive, Suite 100, Irvine, CA 92518 www.owengroup.com Los Angeles I Irvine j Redlands I San Diego Phone. (800) 600-OWEN I FAX: (949) 860-4810 RE: REQUEST FOR PROPOSALS (RFP) FOR AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN Dear Iris Lee, Owen Group Limited Partnership (Owen), pati of the Bureau Veritas Group of Companies, is pleased to submit our proposal to the City of Seal Beach (City) to provide a Americans with Disabilities Act (ADA) Self -Evaluation and Transition Pian for the City. Owen retains extensive experience in performing physical site assessments as well as programmatic policy and evaluation in regards to ADA. Owen has performed Self- Evaluations of buildings, supporting facilities, and all areas within the Public Right -of -Way, including sidewalks, streets, parking lots, intersections, parks and recreation areas, and much more. Owen has reviewed the RFP and the list of City buildings, parks, and other supporting facilities, and we understand the City has approximately 41 .3 centerline miles of pavement and parkway. Our ADA compliance services involve field investigations and assessments to provide the basis for identification, prioritizing, budgeting and implementation of pians, otherwise known as Transition Plans, in order to assist public agencies in its efforts to comply with accessibility requirements and removal of ADA barriers as required by all current ADA standards, State of California Accessibility Codes and other applicable governing standards relating to ADA accessibility. Owen will assist the City in the evaluation of programmatic and physical barriers and provide City staff the necessary tools to remove the barriers per a comprehensive Transition Plan. Based on the extensive experience, we are confident in our abilities to meet, if not exceed, the City's needs on every level. Established in 1981, Owen is an architectural and multidisciplinary (civil, structural, mechanical, electrical, and plumbing) engineering firm with a division dedicated strictly to compliance. As an industry leader in ADA compliance, we understand the challenges of access to civic life facing people with disabilities. All professionals designated to this project team are well versed with ADA Accessibility Guidelines for Buildings and Facilities (ADAAG), the Public Rights of Way Guidelines (PROWAG) from the Federal Access Board, the Federal Highway Administration's (FH WA) California Edition of the Manual on Uniform Traffic Control Devised (CA MUTCD), and California Code of Regulations/Title 24 CBC. We retain in-house Certified Access Compliance Specialists (CASp), ADA compliance experts, California licensed architects, civil, structural, mechanical, electrical, and plumbing engineers, as well as other professionals that will provide the City with unparalleled depth of expertise and the requested breadth of experience, a proven track record of success and client satisfaction, and, most importantly, highly quality work deliverables that will focus on the City's accessibility objectives. The depth of experience of Owen and the professionals designated to serve on this City ADA Accessibility Services program is significant. To date, Owen has completed over 250 ADA accessibility evaluations for public agencies. Owen has been contracted to perform ADA accessibility compliance -related services for such projects as multiple state owned and operated hospitals and medical facilities, many local municipalities (Temecula, Irwindale, Commerce, Culver City, South Gate), Los Angeles Unified School District (LAUSD), Los Angeles Community College District (LACCD), Los Angeles County Department of Public Works (LADPW), and Internal Services Department (LAISD), Orange County Transportation Authority (OCTA), Orange County Community Resources (OCCR), Riverside County Transportation Commission (ROTC), Los Angeles County Metropolitan Transportation Authority (Metro), to name just a few. OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH { ADA SELF-EVALUATION & TRANSITION PLAN Owen's team for this City accessibility program is comprised of key ADA experts, including Mrs. Sandra Miles, CASp, ADAC, ICC, as the Lead CASp, Project Manager, and direct paint of contact to the City. Sandra presents 27 years of experience in the architecture, engineering and construction industry, specializing in site accessibility projects and policies over the last 16 years. Sandra is a Certified Access Specialist (CASp) in California, Accessibility Plans Examiner and Inspector (ICC), and a certified ADA Coordinator (ADAC). Additional Owen team members include Ms. Fay Lorraine Sueltz, CASp, Al A, as the QA/QC Manager; Mrs. Mariam Athanasius, PE, Senior AOA Compliance Specialist and Civil Engineer to provide technical support; Mr. David Stuber, CASp, as one of the CASp for site evaluations; and Mr. Matthew Hansen, Owen's most experienced GIS coordinator. This team has successfully completed multiple ADA Self -Evaluation and Transition Plans for southern California cities. As a result, there will be no learning curve for this project team and the technical expertise of this Owen team will bring the City quality work deliverables at each phase of the project. We are confident our proposal will effectively communicate Owen's depth of professional talents, technical resources, successful project history, and responsiveness, and to clearly demonstrate how our technical skills and experience align strategically to meet the needs of the City for this important accessibility compliance project. Thank you for your consideration of our firm. As an authorized representative and the Principal -in -Charge for this City project, I am able to contractually bind Owen to a contract and negotiate contractual terms. If you should have any questions, please do not hesitate to contact me at (800) 600-6936, extension 273, or via email at shooper@owengroup.com, Sincerely, Steven Hooper, Vice President Owen Group, Limited Partnership 2 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY Table of Contents Cover Letter CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN ............................................................................................................1 LocalStaffing List.........................................................................................................................................4 CompanyQualifications..........................................................................................................................14 CompanyProfile................................................................................................................................14 Relevant Project Experience Sample database Program ................................................ Schedule/Hours...................... ...................................................................15 ...................................................17 ............................................. 21 Project Understanding/Approach......................................................................................................23 Knowledge of State and Federal Accessibility Regulations ............................................ 23 Owen's Ability to Accomplish the Scope of Work.............................................................23 Scope of Work ...................... References ............................................. ................................................................... 25 ................................................................... 31 Exceptions...................................................................................................................................................... 36 FeeProposal............................................................................................................................... Contract Signatories 37 BusinessEntity.............................................................................................................................................39 3 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PIAN The Organization Chart presented on the Following page designates our Project Manager, Sandra Miles, CASp, ADAC, ICC, who will be the supervisor and administrator of our staff. Sandra will also serve as the direct point of contact for the City for the duration on the project. Sandra has served as the QA/QC and Project Manager for multiple accessibility projects, including overseeing Owen's current work with Jfor the cities of Industry and Pomina ADA Self -Evaluation and Transition Plan projects involving all city owned and operated buildings and supporting facilities and ail areas within the Public Right -of -Way. As a guiding senior -level ADA specialist to the Owen project team, Sandra brings 27 years of experience in the industry, with 16 of those years specializing in accessibility compliance, including serving on multiple advisory boards. Also identified is Steve Hooper, who will serve as the Principal -in -Charge. Steve has served in this capacity for a multiple public agencies requiring ADA Self -Evaluations and Transition Plans and has developed an internal QA/QC program to monitor the progress of each project. As a Principal of the firm, Steve leads Owen's compliance division and is knowledgeable of all areas of technical expertise relating to accessibility compliance, facility condition assessments, peer and constructability reviews, pian checks, commissioning, and seismic evaluations. Additional staff include Fay Lorraine Sueltz, CASp, as our QNQC Manager, David Stuber, CASp, our Senior CASp field evaluator, Mariam Athanasius, PE, a Senior ADA specialist and Civil Engineer, and Matther Hansen, Owen's most experience GIS Coordinator. Our organization chart illustrates clear lines of supervision, leadership, and responsibilities. Owen assures the City that all key staff identified in our proposal will remain in their respective roles for the duration of the project. SFAI V lF000 Steve Hooper, AIA, PE Sandra Miles, CASp, ADAC, ICC Fay Sueltz, CASp, AIA ADA Specialists Mariam Athanasius Dave Stuber, CASp Matt Hansen 11 4 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN ADA accessibility compliance is a core service area of Owen, not a sideline service. We currently have a committed department fully dedicated to accessibility compliance. YEARS IN BUSINESS Owen (1981) 1 Bureau Veritas (1829) EMPLOYEES Owen (65 employees) I Bureau Veritas (75,000 employees) FORM OF ORGANIZATION J Partnership LEAD CASP/PROJECT MANAGER CORPORATE OFFICE Sandra Viles, CASp, ADAC, ICC 27 Years of Experience smiles@owengroup.com Orange County 220 Technology Drive, Suite 100, Irvine, CA 92618 Tall Free: 800-600-6936 Office: 213-673-4700 1 Facsimile: 213-873-4790 FEDERAL TAX IDENTIFICATION 51-1146711 CORPORATE ID CORPORATE 02502888 AUTHORIZE REPRESENTATIVE I Steve Hooper, AIA, PE, Vice President SUPPORTING OFFICES Orange County 220 Technology Drive Suite 100 Irvine, CA 92618 T:949-860-4800 San Bernardino County 1177 Idaho Street Suite 200 Redlands, CA 94061 T. 909-453-4008 Sacramento County 2260 Douglas Boulevard Suite 160 Roseville, CA 95661 T: 800-600-6936 Bay Area 1733 Woodside Road Suite 250 Redwood City, CA 94061 T: 650-366-4988 OWEN GROUP - LPI A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN Staff Experience Education/Registration/Certif ications BS Architecture, California State Polytechnic University, San Luis Obispo Steen Hooper, PE 32 years ■ CA Registered Electrical Engineer, No. E15584 Prin�ipai-in-Charge 0 CA Registered Architect, No. 014957 Fay Sueltz, CASp, AIA, ■ BS Architecture 0 Certified Access Specialist (CASA), DSA NO. 141 CASI, ICC 35 years 0 California Licensed Architect, No. C18796 QA/QC Manager Certified Access Specialist (CASp), DSA #346 ICC Certified: Accessibility Inspector/Plans Examiner #8110698 Sandra Miles, CASp, • ADA Coordinator, Great Plains ADA Center #26092456-4617 ADAC,IICC 27 years . Registered Access Specialist, Texas Department of Licensing and Project Manager Regulation #1438 ■ Leadership in Energy and Environmental Design Accredited Professional, LEER AP, USGBC Mariam Athanasius, PE • BS, Civil Engineering Senior ADA Specialist & 12 years + Dean's Honor List Civil Engineer r CA Registered Civil Engineer, No. 60564 David Stuber, CASp • MS, Architecture, Cal Polytechnic San Luis Obispo Senior Certified Access 20 years • BA, Architecture, Cal Polytechnic San Luis Obispo Specialist . CA Certified Access Specialist, CASp No. 140 Mathew Hansen • BS Aerospace Engineering (ABET -accredited), Cal State University, Data & Transition Pian 3 years Long Beach Expert • Filemaker Go/Pro, AutoCAD, Sol id Works, UG NX 7.5 ❑WEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN STEVEN HOOPER, AIA, PE PRINCIPAL - IN- CHARGE (AUTHORIZED REPRESENTATIVE ABLE TO NEGOTIATE AND BIND CONTRACTUAL TERMS) EDU04TION REGISTRATIONS/CERTIFICATIONS YEARS OF EXPERIENCE B5, Architecture CA REGISTERED ELECTRICAL ENGINEER, NO. 35 YEARS E 15584 AVAILABILITY CA REGISTERED ARCHITECT NO. C14957 5596 Mr. Steve Hooper is a licensed Architect and Electrical Engineer with more than 35 years QA/ QC management, project management, peer review, design, ADA compliance, engineering, and construction management experience_ Steve has broad experience in all aspects of consulting, including client contacts and project presentation, programming, space planning, architectural design, electrical systems design, inspection, asset assessments, contracts, construction probable cost estimation, construction drawings and specifications, permit review coordination with local and state agencies, construction administration, and construction observation. He leads Owen's Compliance Management Group. Mr. Hooper has been leading and coordinating ADA and C8C Title 24 site and facilities evaluation services for both public and private development. REPRESENTATIVE PROJECT EXPERIENCE ■ Orange County Public Works I CASp Site Investigations & Reports. Princ(pal-in-Charge. Owen is confirming compliance with California and Federal Accessibility Regulations and preparing CASp Inspection Reports documenting the site inspections. The report complies with CA Civil Code Section 55,53 and includes photographs identifying and describing the inspected structures and areas of the site. ■ City of Temecula j AOA Self -Evaluation & Transition Plan. Principal-in-Charge/QA/QC Manager, Owen provided a ADA Self -Evaluation and Transition Plan for the City. The assessment included City facilities, parks, Public Right -of -Way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen developed a Transition Pian with estimated costs, which includes input of City staff and the public through public workshops. • City of Commerce I Citywide ADA Self -Evaluation and Transition Plan i Commerce, CA. Principal-in-Charge/QA/ QC Manager. Owen provided a comprehensive ADA self-evaluation and transition plan for all Public Right -of -Way (sidewalks, intersections, curb, ramps, etc.) and all City owned buildings and properties, • City of South Gate J Citywide AOA Self -Evaluation and Transition Plan I South Gate, CA. Principal-in-Charge/QA/QC Manager. Owen completed a comprehensive ADA self-evaluation and transition plan for all Public Right -of -Way (sidewalks, intersections, curb, ramps, etc.) and all City owned buildings and properties. Mr. Hooper provided QA/QC oversight for this project. • Culver City I Citywide ADA Self -Evaluation and Transition Plan i Culver City, CA. Principal-in-Charge/QA/QC Manager. Owen was selected by Culver City to perform citywide ADA self-evaluation of all City owned building and properties. Including all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). Mr. Hooper provided QA/QC oversight for the self-evaluation and transition plan Owen developed for the City. ■ City of Industry I AOA Self -Evaluation & Transition Plan ! Los Angeles, CA. Principaf-in-Charge/QA/QC Manager. Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City facilities, parks, and Public Right -of -Way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Pian with estimated costs, and will include the involvement and input of City staff and the public through public workshops. ■ City of Huntington Park i ADA Self -Evaluation and Transition Plan, CA. Principal -in -Charge. Owen completed a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Mariam led and coordinated onsite inspections, tracking areas of concern, compiled transition plan, and corresponding with city representatives. • City of Irwindale I Citywide ADA Self -Evaluation and Transition Plan, CA. Principal -in -Charge. Performed ADA site surveys of all City owned building and properties. 7 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN FAY LORRAINE SUELTI, GASP, AIA QA/QC MANAGER EDUCATION REGISTRATIONSICERTIFICATIONS YEARS OF EXPERIENCE M5, Architecture Certified Access Specialist (CASp), DSA No. 23 Years B5, Architecture, cum laude 141 CA Licensed Architect, No. 18796 AVAILABILITY NY Licensed Architect 65`G Ms. Fay Lorraine Sueltz, AIA, CASA, presents 23 years experience in the architecture and construction industry, specializing in accessibility compliance for a diverse range of projects since 1991. Fay is a Certified Access Specialist (CASp) in California and an Accessibility Plans Examiner for the Division of State Architect (DSA), Her responsibilities include a full range of accessibility compliance including, site inspections and surveys, CASp reports, plan review, presentations, Title ll, Title III, Fair Housing Act, and private and public multi -housing projects. Fay is an accessibility expert and has presented for the American Institute of Architects with the San Diego chapter, as well as private companies and law offices. She is also a member of the Certified Access Specialists Institute (CAST). RELEVANT PROJECT EXPERIENCE Multiple Clients j Designated Expert Witness for Accessibility, San Diego, CA., CA. CASp Representative. Designated expert witness for accessibility case involved truncated domes (detectable warnings). ■ California Division of State Architect, Various Locations, CA. Consulting & ADA Architect. Preconstruction access plan reviews and backchecks for new schools, additions, and school modernizations. ■ Pre -Construction Constructability Review & Access Plan Review, Various Locations, CA. CASp Consultant. Scope on the project consisted of physical site assessment of all existing parks and facilities. Once data was collected, a report was provided with a summary of the results. Non-compliant items were identified for local, state and federal compliance. Each item was then categorized for priority and severity of each item. Pre -Construction Constructability Review & Access Plan Review, Various Locations, CA. Consulting & ADA Architect - Pre -construction constructibility reviews and access plan reviews for access compliance for new schools, school additions, and private commercial across the country and Canada for various construction management companies including Vanir Construction Management, Inc., C.W. Driver Inc„ O'Connor Construction Management, Inc., and Construction Specialty Services. Various Construction Management Companies, Various Locations, CA. Consulting&ADA Architect. Provided plan review of ADA compliance elements for applications submitted to the County by developments. The first task order included development of the 790 -acre Tanner Hills project in Brea. 15 Southern California Hospitals I Accessibility Surveys, EI Cerrito, CA. CASp Team Member. Part of a group of accessibility specialists performing accessibility surveys at various hospitals. identified non-compliance issues and documents data. Performed on behalf of GPPA Architects. Los Angeles Unified School District (LAUSD), Ten (10) High School Renovation Projects, CA. CASp Consultant. Provided drawing reviews and ADA site surveys for major renovation projects on behalf of O'Connor Construction Management. Department of General Services I New Main Kitchen, Porterville, CA. ADA Review. Provided construction documents such as drawings and specifications as well as on-site ADA review and drawing review for Porterville Development Center. • Various Educational and National Monument Drawing Review, Various Locations, CA. ADA Review. Provided construction documents such as drawings and specifications as well as on-site ADA review and drawing review for educational and national monument projects such as Southwest Community College District, Zahid National Museum, six (6) L.AUSD schools, three (3) New York Public Schools for companies including Cumming Corporation, Dansure Incorporated, Construction Specialty Services and Vanir Construction Management, Inc. Construction Speciality Services I Various Locations, NY. ADA Review. Provided drawing review of various NY schools, including NYCPS 95 in Bronx, NYC New Settlement, NYC Battery Park, and PS8 in Brooklyn. a OWE GROUP - LP I A BUREAU VERITA5 GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN SANDRA MILES, GASP, ADAC, ICC, ACCESSIBILITY SPECIALIST PROJECT MANAGER REGISTRATIONSICERTIFICATIONS YEARS OF EXPERIENCE Certified Access Specialist (CASp), RSA No. 346 27 YEARS ICC Certified: Accessibility Inspector/Pians Examiner No. 8110698 AVAILABILITY ADA Coordinator, Great Plains ADA Center No. 26092456-4617 70% Registered Access Specialist, Texas Department of Licensing and Regulation, No.1438 Leadership in Energy and Environmental Design Accredited Professional, LEE❑ AP, U5GBC Mrs. Sandra Miles has 27 years of experience in the architecture, engineering and construction industry, specializing in site accessibility projects over the last 16 years. Ms. Miles is a Certified Access Specialist (CASp) in the State of California, Accessibility Plans Examiner and Inspector (ICC), Texas Access Specialist (TAS), and a certified ACA Coordinator (ADAC). Her responsibilities include a full range of accessibility compliance including: site inspections, CASp reports, plan review, training, presentations, Title II, Title III, Fair Housing Act, and private and public multi -housing projects. Ms. Miles is a recognized expert and has been a regular presenter for the American Institute of Architects San Diego and Orange County Chapters and provides ongoing seminars on accessibility and the Americans with Disabilities Act (AOA) including the California Building Code, PROWAG, MUTCD, FH WA, and the Fair Housing Act. She previously served as a member of the City of San Diego Accessibility Advisory Board and the Board of Directors as Secretary for the CASp institute (CASI) . RELEVANT PROJECT EXPERIENCE City of Industry, ADA Self -Evaluation & Transition Plan, CA. QAIQC Manager. Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. City of Pomona, ADA Self -Evaluation & Transition Plan, CA. QA/QC Manager. The City of Pomona has recently taken the necessary steps to ensure that residents and others with mobility issues have access to local government, street intersections, and other public facilities per the federal requirements of the ADA. Owen presents its resources, capabilities, and experience to be the selected consultant for the City of Pomona's (City) ADA Self -Evaluation and Right -of -Way Transition Plan. Owen is conducting a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. This project is nearing completion, City of San Diego Accessibility Advisory Board (AAB), CA. CASp Representative. Served two years as a CASp representative on the nine member City of San Diego Accessibility Advisory Board. The duties on this board are to advise the Mayor and City Council on policies and issues relating to accessibility. Advised the Mayor and City Council regarding City compliance with federal, state, and local disability and access codes, rules, regulations and laws. Made recommendations to the Mayor and City Council for improving communications between the disabled community and City government. Performed accessibility studies and surveys as requested by the Mayor or City Council. Provided an annual report to the Mayor and City Council detailing the activities and recommendations of the Board. City of San Diego Accessibility Universal Design Subcommittee Advisory Board, CA. CASp Representative. Served on the Universal Design Sub -Committee for the City of San Diego Accessibility Advisory Board. The duties on this subcommittee are to present universal design recommendations for City adoption. City of Goleta, CA Park Facilities and Playground Master Plan, CA. CASp Consultant. Scope on the project consisted of physical site assessment of all existing parks and facilities. Once data was collected, a report was provided with a summary of the results. Non-compliant items were identified for local, state and federal compliance. Each item was then categorized for priority and severity of each item. City of San Diego ADA Accessibility Improvement Group I & 11, CA. CASp Consultant. Served as a CASp consultant as part of a Design/Bu IId team to mitigate existing major barriers to accessibility in the parking area, path of travel, to the buildings and throughout the buildings. The project includes several locations that are part of the update to the federally mandated ADA Transition Plan to remove harriers. 9 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN Orange County Public Works, On -Call Land -Use Planning and Engineering Services, CA. CASA/Plan Checker. Provided plan review of ADA compliance elements for applications submitted to the County by developments. The first task order included development of the 790 -acre Tanner Hills project in Brea. The second task order included plan check services for the Ranch in south Orange County consisting of 14,000 residential dwelling units as well as a business park, non-residential uses, and open spaces. Reviewed submittals for ADA compliance for paths of travel and exterior site elements, multi -family apartment buildings financed with TCAC tax credits, and Senior Housing Community and commercial properties based on section 11A and 11 a within the current California building codes and County of Orange local codes. City of Long Beach On -Call Accessibility Consulting Services, CA. CASp Consultant. Provides consulting scope of work includes; ADA/Accessibility presentations, coordination of City's standard details for public works, design in coordination with City Engineers and planning, consultant support via e-mail/ phone to assist with accessibility questions, plan reviews, inspections j site investigation for accessibility items, reports for contrast studies on detectable warnings, and Title II support for Self Evaluation and Transition Plans. MARIAM ATHANASIUS, PE SENIOR ACCESSIBILITY SPECIALIST & CIVIL ENGINEER EDUCATION REGISTRATIONSICERTIFICATIONS YEARS OF EXPERIENCE B5, Civil Engineering, CA Registered Civil Engineer, No. 80564 12 Years Dean's Honor List AVAILABILITY 70% Mariam has led the Owen team of highly skilled professional accessibility compliance specialists on many other similar ADA Self -Evaluation and Transition Plans. Mariam is a California Licensed Civil Engineer with 12 years of a diverse range of civil engineering design, including street rehabilitation, curb ramp design, traffic signal design, as well as code compliance reviews and design upgrades. She brings direct experience in the civil design of ADA and other application improvements to public sites and facilities for public agencies. She is well versed with codes and standards including ADA CBC Title 24, ADAAG, PROWAG, MOTCD, FAA, as well as Caltrans Standard Plans and Standard Specs, Highway Design Manual, Standard Plans for Public Works Construction'Greenbook', bureau of Street Lighting `Blue Hook,' FHWA, and FTA. She is an ADA policies and procedures expert responsible and has educated many clients to improve their own internal accessibility programs. She is also actively engaged in providing various clients with ADA training opportunities and compliance steps. RELEVANT PROJECT EXPERIENCE • City of Pomona, AOA Self -Evaluation & Transition Plan, CA. Project Manager. The City of Pomona has recently taken the necessary steps to ensure that residents and others with mobility issues have access to local government, street intersections, and other public facilities per the federal requirements of the ADA. Owen presents its resources, capabilities, and experience to be the selected consultant for the City of Pomona's (City) ADA Self -Evaluation and Right -of -Way Transition Plan. Owen is conducting a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. This project is nearing completion. ■ Los Angeles Unified School District (LAUSD), ADA Barrier Removal Services, Installation of Modular Hydraulic Passenger Elevator and Passenger Loading Zone I La Salle Elementary School I North Hollywood, CA. Project Manager/ADA Specialist. Ms. Athanasius is leading the efforts from Owen and performing site surveys of existing ADA barriers and preparing designs For necessary upgrades For ADA accessibility compliance. • City of Huntington Park, ADA Self -Evaluation and Transition Plan, CA. Project Manager. Owen completed a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Mariam led and coordinated onsite inspections, tracking areas of concern, compiled transition plan, and corresponding with city representatives. ■ City of Temecula, ADA Self -Evaluation and Transition Pian, CA. Project Manager. The city of Temecula selected Owen to complete a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Ms. Athanasius was responsible For completing the site investigations, assessments and compiled data for the transition plan. • City of Irwindal, Citywide ADA Self -Evaluation and Transition Plan, CA. Senior ADA Specialist. Performed ADA site surveys of all City owned building and properties. 10 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN ■ City of Comme€ce, Citywide ADA Self -Evaluation and Transition Plan, CA. Senior Civil EngineerIADA Specialist. Performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). ■ City of South Gate, Citywide ADA Self -Evaluation and Transition Plan, CA. Project Manager Performing ADA site surveys of all City owned building and properties. included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). • City of Industry, ADA Self -Evaluation & Transition Plan, CA. Project Manager. Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. • Culver City, Citywide ADA Self -Evaluation and Transition Plan, CA. Project Manager. Performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). • Orange County Public Works, Accessibility Site Investigations & Reports, Orange, CA. Project Manager. Owen is confirming compliance with California and Federal Accessibility Regulations and preparing CASA Inspection Reports documenting the site inspections. The report complies with CA Civil Code Section 5 5.5 3 and includes photographs identifying and describing the inspected structures and areas of the site. DAVID STUBER, CASP SENIOR CERTIFIED ACCESS SPECIALIST EDUCATION REGISTRATIONSICERTIFICATIONS YEARS OF EXPERIENCE MS, Architecture CA Certified Access Specialist, 20 years BA, Architecture CASp No. 140 AVAILABILfTY 65% David Stuber, CASp, has over 20 years of experience providing accessibility plan review services on State of Califomia Buildings, K-12, colleges and universities, public agency projects, and commercial projects. He has completed assessments for accessibility for persons with disabilities on the CSU Northridge campus's facilities, including administrative buildings, art galleries, child care facilities, classroom buildings, dormitories, fitness centers, houses for students, laboratories, parking structures, restaurants, and retail stares. Dave has also worked For over 12 years with the DSA providing multiple plan -checks and back -checks for various public schools. Dave is also working on Owen's current project for John Wayne Airport performing accessibility site investigations and surveys and recommendations for upgrades for accessibility compliance. RELEVANT PROJECT EXPERIENCE • City of Pomona, ADA Self-Evaivation & Transition Plan, CA. Lead CASp, The City of Pomona has recently taken the necessary steps to ensure that residents and others with mobility issues have access to local government, street intersections, and other public facilities per the federal requirements of the ADA. Owen presents its resources, capabilities, and experience to be the selected consultant for the City of Pomona's (City) ADA Self -Evaluation and Right -of -Way Transition Plan. Owen is conducting a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. This project is nearing completion. ■ City of Industry, ADA Self -Evaluation & Transition Plan, CA. Lead CASp. Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City facilities, parks, and right- of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops ■ Orange County Public Works, CASp Site Investigations & Reports, Orange, CA. Lead CASp. Owen is confirming compliance with California and Federal Accessibility Regulations and preparing CASp Inspection Reports documenting the site inspections. The report complies with CA Civil Code Section 55,53 and includes photographs identifying and describing the inspected structures and areas of the site. • City of Huntington Park, ADA Self -Evaluation and Transition Pian, CA. Senior CASp. Owen completed a full citywide 11 OWEN GROUP • LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN ADA self-evaluation on all public rights-of-way and city facilities and properties. David led and coordinated onsite inspections, tracking areas of concern, compiled transition plan, and corresponding with city representatives. ■ City of Temecula, ADA Self -Evaluation and Transition Plan, CA. Senior CASp. The city of Temecula selected Owen to complete a Full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Performed site investigations, assessments and compiled data for the transition plan. ■ City of Irwindale, Citywide ADA Self -Evaluation and Transition Plan, CA. Senior CASp. Performed ADA site surveys of all City owned building and properties. • City of Commerce, Citywide ADA Self -Evaluation and Transition Plan, CA. Senior CASp. Performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). ■ City of South Coate, Citywide ADA Self -Evaluation and Transition Plan, CA. Senior CASp. Performing ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). Orange County Public Works, Transit Tower ADA Accessibility Evaluation & Recommendations for Design Improvements, CA. Lead CASp. ADA Accessibility Assessment to evaluate the physical accessibility of the transit tower building and to ensure facilities are in compliance to ADA regulations. ■ California Division of the State Architect, ADA Accessibility Compliance Assessments/Surveys for San Diego Region, CA. Project Manager. Site assessments and surveys to determine ADA non-compliant issues. Develop report presenting barrier removal requirements. MATTHEW HANSEN ❑ATAAND TRANSITION PLAN EXPERT EDUCATION REGISTRATIONS/CERTIFICATIONS YEARS OF EXPERIENCE BS Aerospace Filemaker Go/Pro, AutoCAD, Solid Works, 3 Years Engineering UG NX 7.5 (ABETaccredited) AVAILABILITY 75% Mr. Hansen is responsible for the development of Owen Group's Filemaker Go/Pro software used to collect, assess and catalog data points/areas for improvements during field assessments. Once Matthew collects the data, he uses that information to filter, sort, clean and compile reports. The reports generated allows the client to search our assessment by location, priority, code violations, recommended fixes for each problem, and the cost data associated with fixing the problem. Matthew presents Owen's findings to the City or Client and provides training for these individuals to utilize Filemaker Go/Pro as well. He is also a highly experienced Public Rights -of -Way coordinator. RELEVANT PROJECT EXPERIENCE ■ LAUSD I ADA Barrier Removal Services, Installation of Modular Hydraulic Passenger Elevator and Passenger Loading Zone j La Salle Elementary School I North Hollywood, CA. QA/QC of Data. Coordinating data gathered during site surveys of existing ADA barriers and preparing reports documenting for necessary upgrades for ADA accessibility compliance. ■ City of Huntington Park I ADA Self -Evaluation and Transition Plan, CA. QA/QC of Data/ Transition Plan Coordination. Owen completed a full citywide ADA self-evaluation on all public rights-of-way and city Facilities and properties. Matthew coordinated onsite data gathered during site surveys, document identified accessibility con -compliance issues, and coordinated the data for the Transition Plan. • City of Temecula I ADA Self -Evaluation and Transition Plan, CA. QA/QC of Data/Transition Plan Coordination. Owen to complete a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Matthew coordinated onsite data gathered during site surveys, document identified accessibility con -compliance issues, and coordinated the data for the Transition Plan. ■ City of Commerce I Citywide ADA Self -Evaluation and Transition Plan, CA. QA/QC of Data/ Transition Plan Coordination Owen performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). Matthew coordinated onsite data gathered during site surveys, 1Z OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN document identified accessibility con -compliance issues, and coordinated the data for the Transition Pian. City of South Gate I Citywide ADA Self -Evaluation and Transition Plan, CA. QA/QC of Data/ Transition Plan Coordination. Owen is performing ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). Matthew Coordinated onsite data gathered during site surveys, document identified accessibility con -compliance issues, and coordinated the data for the Transition Plan. City of Industry I ADA Self -Evaluation & Transition Plan, CA. QA/QC of Data/Transition Plan Coordination. Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City Facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. Matthew coordinated onsite data gathered during site surveys, document identified accessibility con -compliance issues, and coordinated the data for the Transition Plan. Culver City I Citywide ADA Self -Evaluation and Transition Plan, CA. QA/QC of Data/ Transition Plan Coordination. Owen performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right -of -Way (intersections, sidewalks, curb, ramps, etc.). Matthew coordinated onsite data gathered during site surveys, document identified accessibility con -compliance issues, and coordinated the data for the Transition Plan. 13 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I AOA SELF-EVALUATION A TRANSITION PLAN COMPANY PROFILE Owen Group Limited Partnership (Owen) is an ENR -rated, award-winning professional architectural, multi -disciplinary engineering, and construction services consulting firm. Over the past 30 years, Owen has been ranked by ENR as a Top 500 Engineering Firm, Top 100 Green Design Firm, and a Top 100 Construction Management Firm, We have provided studies, project and construction management, project quality management, and design For over 10,044 projects since 1981. Owen has provided full service ALTA assessments/evaluation architectural design, design management, and construction management services to many public agencies and private sector client, including municipalities throughout the state of California. Owen is a part of Bureau Veritas Group Company. Bureau Veritas (BV) is comprised of up to 75,000 employees globally and with offices across the country, including one in Sacramento, which has been established for over 20 years. BV has unparalleled resources to manage projects requiring a broad range of expertise across vast geographies, including more than 1,400 offices and laboratories in 140 countries. Owen has consistently exceeded client expectations through our commitment to each project undertaken, regardless of size or complexity. Our previous project experience has helped us in understanding that each project is unique and requires project -specific evaluation and dedication and has enabled our firm to effectively manage each project—on time and on budget. Our demonstrated expertise in the provision of and guidance and updates to ADA Self -Evaluation process and Transition Plans for multiple public agencies will be communicated throughout this proposal. Owen is comprised of five (5) divisions: architectural design; civil engineering; structural engineering; mechanical, electrical, and plumbing engineering: and compliance, which encompasses ADA compliance, comm issioing, peer and constructability reviews, facility condition assessments (FCA), and seismic evaluations and analysis. Today, our largest market sector is ADA accessibility c ompliance, To date, Owen has completed over 250 ADA accessibility evaluations for public agencies. One of our first projects was with the Los Angeles County Internal Services Department (LAISD) where we provided accessibility evaluations and recommended upgrades for the Arcadia Community Regional Park. The park included several buildings, multiple freestanding restrooms, barbeque areas, playgrounds, a golf course, tennis courts, bleachers, swimming pools, and many parking lots. Once Owen identified non- compliant issues, we prepared a comprehensive reports and then moved forward and assisted in preparing the architectural and engineering designs for upgrades. Owen has also worked with multiple municipalities and we are currently working on ADA Self -Evaluation and Transition Plan projects For other municipalities. The following is a representative list: • City of Irwindale a City of Temecula • City of Commerce ■ City of Huntington Park ■ City of Industry . City of South Gate • Culver City • City of Pomona • Orange County Public Works (John Wayne Airport) 14 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN INTEGRITY Owen has assisted numerous public agencies and private sector clients in meeting ADA compliance standards through performing comprehensive accessibility site investigations and surveys, identifying non-compliant elements, prioritizing specific projects, and developing and implementing of ADA guidelines and design improvements. Owen views achieving and maintaining ADA compliance as an ongoing service area as changes in regulations and specifications occur over time. Our professionals have developed new public agency reports, policies, and programs to facilitate a barrier free environment with all persons with disabilities, as well coordinated efforts with public staff and stakeholders in updating existing policies and procedures. OWEN'S UNIQUE INTERNAL PROCEDURES - AN INHERENT DIFFERENCE In order to carry out the scope of work while maintaining and managing a superb quality control and assurance program, Owen approaches each project with a fresh set of ideas and a unique, comprehensive team arrangement of highly qualified and experienced staff members to provide the requisite technical services required for this City accessibility compliance project. Project scope, budgets, and schedules, including milestone work delivery schedules, are developed through a detailed task/hour work plan for specific tasks and level of effort to meet individual project requirements. Our work plan will identify the Owen's technical roles as required for this City ADA Transition Plan and Self -Evaluation. MEETINGTHE MINIMUM REQUIREMENTS Owen has been performing accessibility compliance services for over 20 years, working with a multitude of public and private sector clients throughout California and beyond. The depth of our experience performing ADA Self -Evaluations and Transition Plans exceeds more than five (5) years. Our designated Project Manager is a recognized industry expert having served as the QAC QC and Project Manager for multiple accessibility projects, including overseeing Owen's work on city-wide projects involving all city owned and operated buildings and supporting facilities and all areas within the Public Right -of -Way. As a guiding senior -level ADA specialist to the Owen project team, Sandra brings 27 years of experience in the industry, with 16 of those years specializing in accessibility compliance, including serving on multiple advisory boards. Sandra has been a regular presenter for the American Institute of Architects San Diego and Orange County Chapters and provides ongoing seminars on accessibility and the Americans with Disabilities Act (ADA) including the California Building Code, PROWAC, MUTCD, FHWA, and the Fair Housing Act. She previously served as a member of the City of San Diego Accessibility Advisory Board and the Board of Directors as Secretary for the CASA institute (CAST). Having successfully completed many city-wide ADA Self - Evaluations and Transition Plans for California cities, we have a clear understanding of the scope of work and a committed approach to meeting, if not exceeding, the City's needs and objectives. Having completed this work, we understand the challenges facing persons with disabilities and interacting in civil life. We also understand that this project may be a learning experience for the City and its staff and we will take the necessary steps to educate and openly communicate our progress throughout each phase of the project, ensuring the City retains a clear understanding of the progress at any given point of time. We also have exceptional experience in communicating and education the public and local communities in which the City serves - Owen has the requisite resourses that extend beyond the staff we have presented in this proposal. If additional staff in required, we can include additional accessibility specialists to ensure we stay on budget and on schedule, Owen understands that if awarded this City of Seal Beach ADA Self -Evaluation and Transition Plan project, we will obtain a valid City business license. RELEVANT PROJECT EXPERIENCE Project experience is provided in the References section as per the RFP requirements. References are provided on the following page. 1s OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN PROJECT CONTINFORMATION REFERENCE Amer Attar, Principal Civil City of Temecula ADA Seif-Evaluation 41000 Main Street, Temecula, CA 92590 Engineer & Transition Plan T (9$1) sob 5152 Email: amer.attar@temeculaca.gov 255 N. Hacienda Boulevard, Suite 222 Tapas Dutta, Program Manager/ City of Industry ADA Self -Evaluation & City of Industry, CA 91744 Senior Project Manager Transition Plan T: (949) 278-7748 Email: TDutta@cnc-eng.com lvoo North Eastern Avenue, Los Angeles, CA Elizabeth Rodriguez, Public Works City of Irwindale ADA Self -Evaluation goo63 Service Manager & Transition Plan T: (949) 27$-7748 Email: erodriguez@ci,irwindale.ca.us Gina Nita, Environmental City of Commerce ADA Self- 2535 Commerce Way, Commerce, CA 90040 Services Manager Evaluation &Transition Plan T; (323) 722-4805 Email; ginan@ci,commerce.ca.us 855o California Avenue, South Gate, CA Arturo Cervantes, Public Works City of South Gate ADA Self- 90280 Director Evaluation & Transition Plan T- (323) 357-9557 Email: acervantes@sogate.org 59oo Bissell Street, Huntington Park, CA Daniel Hernandez, Director of City of Huntington Park ADA Self- 90255 Public Works Evaluation & Transition Plan T: (323) 395-1480 Email; dhernandez(o7hpca.gov Orange County Public Works, Site 3160 Airway Avenue, Costa Mesa, CA 92525 James Carson Lawless, Senior Architect Inspections and CASA Reports T; (949) 252-5214 Email: jlawless@ocair,com 333 S. Beaudry Avenue, 23rd Floor, Los Kim Kennedy, Director of Los Angeles Unified School district Angeles, CA 90017 Sustainability ADA Barrier Removal Program T: (213) 219-7738 Email: Kim.Kennedey@lausd.net OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN UTILIZING ANOTHER NON-PROPIETARY AND COST SAVING TOOL -FILE MAKER GO I FIELD AND PRG (DESKTOP) Owen understands the challenges Facing the City for accessibility compliance. Owen has developed a non-proprietary and cost saving tool that can be translated to interact with any City protocol established for ease of use. Through years of experience compiled over several ADA assessment projects, Owen has compiled a Standard Comment Database, referred to as Filemaker Pro, which comes preloaded in our portable devices (tablets, laptop computers). This allows Owen to quickly assess and assign comments efficiently and consistently through the use of drop-down options. The clear benefits include the following: • Designed for use on the iPad- • Application utilizes device's camera to load images directly from the device into the database. ■ Facility, floor and room fields update the database as new items are entered, creating drop down options for re -visiting locations. • Priority, category, item description and findings utilize drop down options for consistency and efficiency for our field assessors. ■ Additional manually entered fields are available for noteworthy occurrences, such as uncommon construction restrictions to ensure Owen can generate the most accurate cost estimates. • Information gathered on devices in the field is uploaded to Owen's servers where the rest of the necessary information, such as codes and price tables, are added to the database. • Features of the completed database (Filemaker Pro Desktop Solution) • Perform quick searches based on any field to quickly gather and sort database information. • Automatically generate printable Barrier Summary Reports, diagram and photo reports and Individual item reports. • Select items to create custom projects for contractor use. Graphic samples of Owen's FileMaker Go include the following: 17 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION B TRANSITION PLAN ®r-= Sort Records = Print Photo Report facsrtyapc assasscrMnt- anolottpart Total Facility Cost Estimate Summary Table: Estimated Estimated Direct Costs Project Costs' PRELiMP"ie ILII PH0Tt�REP0RT Priority 3 s0 S3 Total !o so *Includes 3396 soft cost alle.vsnor?. GC eest & fee, escalation and contingency Comment #: CH -02 Pri ority: 3 Facility: City Hall FloorlArea: Paring Lot RoomJSpot Accessible Parning Comment#: CH -03 Priority:2 Facility: City Hall FloorlArea: Parting tot Roorn Spot Entire Lot Comment #: Cil -04 Priority: 3 Facility: City Hall F loorlArea Parking Lot RoomlSpot Accessible Parking Access Aisle Estimated direct Cost SO Item Description: Site Elements Panting Spsoa count Findings: There are not enough aooessibIa parting spa oas designated as Per Tavle 118-208,2, Recommendations: Verify total space count assoalat" with city hall to determine if 5 Aoeessible panting spa cas is enough. Code References: 297@ CSC 11 -208.2 Estimated Direct Cost: SO Item Description: Site Elements Perking Tow Away Signage Findings. The verbiage on the'Yow•sway sign is not compliant with 20 le CBC '113-F02.8.2. Recommendations: Remove and mplaoe the currant sign with a Caltrans R-10013 sign, Ono provide reclaim vehicle information as a permanent part of the sign. Each set of stalls needs a sign because there are no IC.v-awey signs at the lot entrenoes. Code References: 201e CEIC 11&502.8.2 Estimated Direct Cost SO Item Description: Site Elements Parki ng Access Aisles Findings: The hatched lines on asphalt within the border line of the access aisle are not A'hite. Recomrneadations: For asphalt, provide white hatched striping inside of a blue borderline. Code References: 2018 CBC 118-502.3.3 Comment #: CH -05 Priority:3 Estimated Direct Cost: Sa HPm FlP—r..tmn• Cie- Fl-mpnte 7,21.2014 Return to Search clty„ALL RArLTt;S FACILITIES REPORT GENERATION 78 OWEN GROUP - LP I A 6UREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I AGA SELF-EVALUATION & TRANSITION PLAN Comment # 7 Facility CityHall FloorlArea Parlungng Lot Create Photo Go to Project Report FACILITIES SEARCH PAGE Category: Comment# t Parking Facility. City Hall Code Reference Floorl,krea Parldng Lot Site Elements Roorr&ocabon Accessible Parking Rem Description: Comment OF 2 x Factift City Hall - Floor/Area Parting Lot Contractor RoomrLacation Entire Lot Pnonty Comment #. 3 - —. Facility. City Hall Progress Floor!Area. Parking Lot RoomrLocatkon Accessible Parking Comment S. 4 x Facility City Hall FloorlArea Pandng Lot RoomfLocabon Accessible Parlong Commenter 5 j Facility. City Hall - - Floor]Area Parking Lot RoomlLocabon Accessible Parking Comment# 8 f Facility- City Hail - FloorlArea. Parking Lot Room/Location. Accessktrle Parking Comment # 7 Facility CityHall FloorlArea Parlungng Lot Create Photo Go to Project Report FACILITIES SEARCH PAGE Category: Site Elements Suti-Categary Parking Item ❑escripton- Space Count Code Reference 2016 CBC 11B-208.2 Category- Site Elements Sub -Category Parxing Item Descnption Tow Away Signage Cede Reference 2016 CBC 118-542.8.2 Category Site Elements Suo-Category Parlong Item Description Access Aisles Code Reference 2016 CBC 116-502.3.3 Category: Site Elements Sub-Calegory' Parking Rem Description: Access Aisles Code Reference: 2016 CBC 1113-502.3.3 Category Site Elements Su"ategory, Parking Rem Description Signage Code Reference 2416 CBC 11B-502-6 Category' Site Elemwds Sub-Calegory Parking Rem Description: Access Aisles Code Reference 2016 CBC 11B-5QZ3,3 Category Site Elements Suo-category Parking item Description' Accessible Car Stall Priority 3 Estimated Cost so issue Type Contractor Progress Not Started Priority 2 Estimated Cost. so Issue Type Mainienance Progress Not Started Pnortty. 3 Estimated Cost So Issue Type Contractor Progress: Net Started Pnonty 3 Estimate Cost so Issue Type: Contractor Progress Not Started Pnodty 7 Estimated Cost S4 issue Type. Contractor Progress Not Started Priority 3 Estimated Cost so Issue Type. Contractor Progress. Not Started Priority: 3 Estimated cost, s0 Jsson T_,nz Contractor Create Rpm Create Progress Create Comment Report Report Card (Excel Export) Comment # I Category. I Parking Priority: n Fawity Cltymait Sub -Category. Estimated Cost: 4 Floormirely nem Description Issue Type: ck RoomRocabon: '4 Code Reference Progress: 0- SEARCH QUERY CAPABILITIES 19 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN --Data oa se Fi ards Prlrrialy Kae 9C1A9M"33F-46954790 Record Creation Timestamp 2272019 8 51 .�4 AIA R&Ord Ala dmcati on Ti me stamp 72420193.33 PM Last Modrkcabon Uaer Name Man Hansen —•$uraey IniOnnaL um Proved Name City of Seal Beach ADA LIS er Name Mae Hansen Us or Date 2082079 _00clenc, ID---- Commefdlt CH44 Record ID 3 —•Deflaency Location Fields— F aahty Tf pe Fad lily Marrre Ct[ HaH Floor Padang Lot Room Numttei ACCes SIo le ParkJng Locabon Locabon Notes Access mare Location Latitude Location Ldnglhlde --Deiactenty AnahSis Fields — Pnardy Le.,ei 3 - •COSI AnelislSFietds— ❑e9cienCyDlrectCost E9timate 0 Delta enc} Proted Cost EStimaedn 0 Export to Excel ---Deficiencies Categories— PrlO" Site Elem;nts Caregpn Panting Subcategory ►[CeSs 45103 nem Descrlpeon Hatched Lane: AsonaO - Flndrngs The hatched Ones on asphalt within the Measurement 7 select as covet ima" MeasurementUrits count Appbcaoie Code 2040 CHC 778.502.3.3 •--Racy mm endabpn s --- Racammengatlons For asprte4 provide what nmched striping Quanta) 7 ❑uanhrytJntt each AddteonaI Notes DshdenOy Reference Code -- Un a Ca at Eahmabdn Fiolds ---• Select as Corer Image Direct Und Cost Estimate lssue Ttpe Comelior Prellm PrtOrny Lepel 3 ----Progress Status Frelds---- Progfess Not 6W11e0 Change Data 611212019 Change User select as Co of Imar-- Progfts a No Coy of eeel -AQA CewgMnw Return to Search o.. ». me 20 N I I I f T1ss pp 55 55 gg �j g �t t��e ¢ 71 All I liii i a ii � i=iis ri ilii 1�:''s�F if�� � lfi o as ffii f3:f:tp NI fit IIIi tfi i ! a S ap1# :' 31 l�f?i OWENGROUP LP I A BUREAU VERITAS Wp1P COMPANY Crrr OF SEAL UFACia I ADA SELF-EVALUATION A TRA14511` ION PLAN City Of Seal Beach ADA Self -Evaluation and Transition Plan Q.—. ro aiknratinn Matrik Tasks HiDurs a E c :2 E W a c TAA 3 IDe1taM and Ma at PrD ect initiation 2 2 4 Kick-off Meed 4 4 a Interim Progress Meet In a Final Com lotion Meell a TWA 1: Imre and Ida ntify and obtain all nett!sary documents and materials 8 Review all applicable ti and relaso a en oides and procedures _11111 Task 2: ADA Se#-Egkaatkan Develop procedures and forms to conduct Sed -Evaluation d 2 Conducr Interviews / Administer Ckuestionna Ire Prepare Policies/Procedure Recommerldatlons a 16 Compile draft self-rYakualkon repoct for programslserYices B 16 Com Ile final self-eva luatkon report programs1sarvic&s 16 Task 3: Conduct Su kit barrier Assas rri prepare Field ALsmulent Work Plan 2 8 1 8 a Conduct surveys of all public Facilities per State Tide 24 guild Ing Code and the Federal ADA 16 132 40 Accessibilq GWdel Ines(ADAAG Conduct surveys of all right of way per State Title 24 Bul Wing Code and the Federal ADA It 16 180 Accessibillty Wdellnes (ADMG) Facility Report (I}Devekop reports for each site and building, Identifying Items that limit physical access to Individuals with dl5abl litiey to public areas where program, strvkrs or activities take place and 8 16 30 90 Perform ln•house Data processing (iij Provide a kaslble sol utkon and PFPWITY levN of the Project a 16 (IiljProrida Cost estimates fpr the --I of each barrier 22 public • Perform In-house Dat.) Pracessmg for the survey of City's Inventory of rrosswal k, pathways, Sidewalk, curb ramps, and any other path of travel in the publlc public 2 4 8 40 70 70 right-of-way fpr ADA torr ante Provide Cost estimates for RIgMafwv;y barriers 24 Perform CWOC 24 Subm It Rlghtbf-Way Report a 8 Submit Final Right -of -Way Report a J:adlft,y Dialegratm S Inventory- Produce facillty diagrams M the wry ryed areas for use in the 40 ADA Transition Plan noting the location of the ba men. Perform WOC 24 Submit Facility Report and W rams B 8 Submit Final R t -of -Way Report 8 Task 4: ADA Seed-igkaRlon and Transhion Plan Survey and assessment methodology 2 4 Summary and detailed cast breakdown for Went lfked impFwements 2 4 24 implementation schedule witfi d-itiral Ian 2 4 Procedures and forms for monitoring Im plementttion 2 e Procedures and forms for performing addit lonal evahiatl am 2 procedures and forms for filling Request for Accommodation 2 Typlcal/standard drawln s for remed lation/km provement work 2 4 Executive summary and aesem aian of Fmdln 5 i 2 _ 4 Develop Draft ADA Self Evaluat Ion and Transition Plan - Prellmknary 2 2 lb 16 8 Comprainensive ADA Sek-Evaluation and Transition Plan � Final 16 16 S Task 5: Community and Publk Parlkdpatkon and Outreach Conduct any and all community meeting/public purr ea ch 16 2 Task fit Datmbare, Ma DO ng, and Standard Plans Update Clprs standard plans for ADA Com pLI ante a Setup standard operating procedures for ADA compliance improvements in maintenance and 16 "pit al Improvement programs Provide GIS -compatible data set 12 104 40 Task 7• Trainling Applicable lavemment code, statutes, and regulation, 4 Perform log field investi tions/Ifi5pecdons/�Iuations 4 Preparing ADA compliance assessment rcportslupdates 4 4 t�and Using and maintai ning the database/project mapping 4 4 2 Monitoring___� updating the ADA Self -Evaluation and Transition Flan4 4 2 Task a: FwWNV Went: hy funding sourreslopporiunit3m to augment existing budget to achieve compliance 16 Project Gtaaasrt Submit FlrlaI Plan Executive Summery4 a city council Meeting Presentation B 22 OWEN GROUP - LP J A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH k ADA SELF-EVALUATION & TRANSITION PLAN Owen will lead the efforts in assisting the City in the development of the ADA Self -Evaluation scope of work, necessary and correct procedures that meet all applicable federal and state ADA and other applicable standards and codes, as well as the preparation of forms required for accurate documentation of data and other information obtained during the Self -Evaluation process. This is critical for accuracy of material to be included in the update of the Transition Plan. Owen's qualified staff members will perform the actual Self -Evaluation in conducting field investigations of buildings, supporting facilities, and other structures, as well as all areas within the Public Right -of -Way as deemed necessary by the City. KNOWLEDGE OF STATE AND FEDERAL ACCESSIBILITY REGULATIONS Our Project Manager, Sandra Miles, CASp, ADAC, ICC, is also a certified ADA Coordinator. The ADA Coordinator certification requirements includes a knowledge base the following items! ► Familiarity with the state or local government's structure, activities, and employees. ■ Knowledge of the AOA and other laws addressing the rights of people with disabilities, including Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. • Our team members have first hand knowledge of actual needs due to family members who are disabled, and we are actively involved disability advocacy groups. • Knowledge of various alternative formats and alternative technologies that enable people with disabilities to communicate, participate, and perform tasks. ■ Ability to work cooperatively with the local government and people with disabilities. ■ Familiarity with local disability advocacy groups or other disability groups. ■ Skills and training in negotiation and mediation. As the Project Manager, Sandra is a well-trained and experienced professional who can effectively handle a variety of responsibilities including the coordination and development of ongoing efforts for full ADA compliance, as well as serving in a management and supervisory role, Other tasks required include arranging for and conducting training to City staff on accessibility regulations; conducting, coordinating and monitoring architectural barrier surveys; developing processes for prompt fulfillment of requests for alternative formats, and interpreting services and other communication access needs; coordination in developing the required Transition Plan to remove access barriers; and involvement of the department's Disability Advisory Committee (DAC) to facilitate policy formation and to review existing policies such as reasonable accommodation. Sandra is supported by an experience and highly qualified team of accessibility experts, including two additional CASps, Fay Lorraine Sueltz, CASp, AIA, and David Stuber, Senior CASp, as well as other key accessibility compliance specialists. OWEN'S ABILITY TO ACCOMPLISH THE SCOPE OF WORK Owen has built our team with key staff that retain the requisite experience to support the City in a responsive and professional manner, The scope of work will be conducted in two general phases: 1) Self -Evaluation, which is comprised of site assessment/ evaluation, review, and analysis of facilities (as identified in the RFP) and areas within the Public Right -of -Way (41.3 centerline miles); and 2) Transition Plan; collaborating with various stakeholders to review the Self -Evaluation results, establish priorities and schedules for completion , and reach consensus for a finished product. Owen is confident in our ability to support the City in meeting the needs of a Self -Evaluation and Transition Plan, We have structured our team to include recognized accessibility experts, including CASps, ADA compliance specialists, GIS coordinators, and California licensed architects and multidisciplinary engineers. Owen only assigns staff that are readily available to work immediately upon a notice to proceed from the City. As deemed necessary, Owen will lead the efforts in assisting the City in the development of the ADA Self -Evaluation scope of work, necessary and correct procedures that meet all applicable state and federal ADA, CSC Title 24, and other applicable 23 OWEN GROUP - LP I A BUREAU VERITA5 GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN standards and codes, as well as the preparation or update of forms required for accurate documentation of data and other information obtained during the Self -Evaluation process. This is critical for accuracy of material to be included in the Transition Plan. Owen's qualified staff members will perform the actual Self -Evaluation in conducting field investigations of buildings, supporting facilities, and all areas within the Public Right -of -Way, Further, Owen's staff are also available to work along side City staff as deemed necessary. Led by Project Manager Sandra Miles, CASp, ADAC, ICC, Owen is available to review and evaluate the City's current policies, programs, and practices to clearly identify any issues which may be discriminatory to persons with disabilities. Owen has provided these services to many public and private sector clients and has developed polity documents which address program eligibility requirements, participation requirements, staffing, transportation, communication, facilities, and emergency procedures. Owen has extensive experience and expertise with ADA Accessibility Standards, Public Right -of -Way Accessibility Guidelines, and the California Building Code. Our assessors and management staff have project experience in multiple states and locales nationwide, and apply the 2010 ADA Standards (ADAS) For Accessible Design, the current federal accessibility standards, and other state and local building codes as required by laws, statutes and ordinances. When prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, to be modified through the direction of the City and by public outreach results. Our experience with the application of the program access aligns with the Title it Code of Federal Regulations Section 35.150(b), and understand that not all individual barriers must be removed, but the overall program must be made accessible. THROUGH DOCUMENT RESEARCH (PROVIDED BY CITY & SUPPLEMENTAL) THROUGH STAFF INTERVIEWS THROUGH SITE ASSESSMENT DATA SOFTWARE MAPS Owen will develop an the City's ADA Self -Evaluation based on the results of the barrier assessments, our review of policies, and guidance received by City department staff. Owen will develop methodologies for the self-evaluation ' process to be performed by City staff to identify existing barriers to persons No ,l , with disabilities. We will assist the City in summarizing the findings on the self- evaluation of areas within the Public Right -of -Way, policies, programs, and practices, as well as provide recommendations of mitigating these barriers r to correct deficiencies and a method for prioritizing barrier removals. Simply stated, the "ADA Self -Evaluation and Transition Plan" is two -fold process: ' an evaluation of barriers to accessibility (both physical and non-physical programmatic), and a plan to transition each City department to a more accessible entity. The final Self -Evaluation and Transition Plan will report on the evaluation of four separate items: 1 } Evaluation of programmatic barriers the City policies and procedures (through document research); 2) Evaluation of programmatic barriers specific to each City Department as assigned (through staff interviews); 3) Evaluation of City data relating to physical barriers at facilities; and 4} Evaluate existing City data of physical barriers within the Public Right -of -Way with the Transition Plan providing methods that will be used to make the Facilities accessible. 24 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN COMPONENTS OF THE ADA SELF-EVALUATION AND TRANSITION PLAN ARA SELF EVALUATION: identify the agency's programs, activities, services. SCOPE OF WORK Owen understands this process may be an educational experience for the City staff. Owen will be providing training to City staff in the following areas: ■ Applicable provisions of the ADA and other federal statutes and regulations; ■ Performing field investigations and assessments; ■ Preparation of ADA Compliance Assessment Reports; • Using and maintaining the database; r Using and maintaining the project map; and ■ Monitoring and updating the ADA Self -Evaluation and Transition Plan. Typically, the Cities Owen has worked with use the finalized ADA Transition Plan to serve as a programmatic application tool that will identify existing and future accessibility needs, document accessibility facility standards, and to provide design criteria for future facilities development. TASK 1: INVENTORY AND ANALYSIS • Owen will identify and obtain all necessary documents and materiaisfrom the City and other sources to conduct the Self - Evaluation. ■ Owen will thoroughly review all applicable City and regulatory agency policies and procedures related to accessibility. TASK 2: ADA S E LF- EVA LUATI 0 N Owen will develop procedures and forms to conduct Self -Evaluation. Owen will compile draft and final Self -Evaluation report. TASK 3: CONDUCT SURVEY & BARRIER ASSESSMENT Owen will conduct surveys of all public facilities and areas within the Public Right -of -Way that provide programs, services, activities, and access to the public, per State Title 24 Building Code and the 201 HADA Standards (ADAS) and Federal ADA Accessibility Guidelines (ADAAG). » Facility Report - Owen will develop reports for each site and building, identifying items that limit physical access to individuals with disabilities to public areas where program, services or activities take place. The report will include a feasible solution, cost estimate for the removal of each barrier, and the priority level of the project. Due to lcack of public access well sites have been excluded from the scope (List items 19-23). Public Right -of -Way - Owen staff will survey the City's inventory of crosswalk, pathways, sidewalk, curb ramps, and any other path of travel in the public right-of-way for ADA compliance. Survey and assessment methodology for residential subdivision interior streets Right -of -Way will utilize simplified survey in accordance with protocol of FHWA sample Transition Plans. Gated subdivisions are privately maintained and are not included in survey. 23 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I AOA SELF-EVALUATION & TRANSITION PLAN D Facility Diagrams & Inventory - Owen will produce facility diagrams of the surveyed areas for use in the ADA Transition Plan. Diagrams will note the location of the accessibility barriers. TASK 4: ADA SELF EVALUATIDN AND TRANSITION PLAN Owen will develop a comprehensive ADA Self -Evaluation and Transition Alan based on Task 3. The Transition Plan will include the following, at a minimum: }) Survey and assessment methodology n Summary and detailed cost breakdown For identified improvements n Implementation schedule with prioritization u Procedures and forms for monitoring implementation » Procedures and forms for performing additional evaluations )� Procedures and forms for Filing Request for Accommodation n Typical/standard drawings for remediation/improvement work » Executive summary and presentation of findings TASK 5: COMMUNITY AND PUBLIC PARTICIPATION AND OUTREACH Owen will conduct any and all community meeting/public outreach to obtain public participation regarding the ADA Self - Assessment and Transition Plan. » Owen will propose and lead a process for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. The process may include surveys, workshops, or other outreach methods as proposed by the Consultant. Owen will take all necessary steps to ensure outreach events are held in locations that are physically accessible to all persons and provide samples of public meeting notices. Owen will explain the specific methodology used to analyze the feedback provided by the public during the entire outreach process. TASK b: DATABASE, MAPPING, AND STANDARD PLANS a Owen will update the City's standard plans for ADA compliance. • Owen will setup standard operating procedures for ADA compliance improvements in maintenance and capital improvement programs. Owen will provide a GI5-compatible data set in a format compliant with City's existing system that would allow For future editing/updating. V Owen has developed many city-wide reference maps using GIS for curb ramps including associated database with condition data; ramp type, slope, landing area, sidewalk, on -street parking, traffic signals, warning surface and other compliance information. Owen has prepared multiple city-wide reference maps using AutoCAD and GIS. These maps fully showed distinct points for each identified barrier to access. TASK 7: TRAINING At a minimum, Owen will train City staff in the following areas: n Applicable government code, statutes, and regulations x Performing field investigationfinspections/evaluations » Preparing ADA compliance assessment reports/updates » Using and maintaining the database/project mapping Monitoring and updating the ADA Self -Evaluation and Transition Pian TASK 8: FUNDING Owen will identify funding sources/opportunities to augment existing budget to achieve compliance. 26 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN CAPABILITY OF GIS TO MEET ADA ACCESSIBILITY REQUIREMENTS The original ramps cookie -cutter design years ago are not engineered to meet the specifications that are now required, referring to amendments that became effective an May 24, 2011. Owen is capable (as an option) of formulating our initial data collection and process the data, which is built on Esn's ArCGIS, Each ramp is color -coded according to its condition score, which is calculated from physical attributes such as slope and cross slope at the ramp's top and bottom landings. The measurements are determined by visual assessments by Owen field engineers armed with digital levels and measuring tapes. The assessments are ongoing and the collected data is regularly uploaded into our Filemaker database system. An ADA compliant ramp must meet not only the needs of those that use wheelchairs, but also the needs of other people, whether or not they have physical disabilities. There are very different considerations for those with visual impairments, for example, who rely on the curb ramps to help them identify the transition between the sidewalk and the street. In addition, the location and characteristics of the existing sidewalk and its relationship to the roadway and its borders, including slope and drainage, affect ramp design and construction. In addition, Owen professionals always consider a City's unique geography and existing infrastructure. As a result, Owen's Project Manager will analyze each proposed ramp, using the geodatabase in the decision-making process by creating a prioritization model using the weighted condition score of each ramp in relationship to buffers generated at varying distances around the intersections near buildings and transportation stops/stations. A buffer is a GIS function that allows the creation of perimeters at specified distances from a point of interest so that spatial analyses can be performed. Owen has found that through many of our ADA Self -Evaluation and Transition Plans that GIS is a very useful tool in the prioritization process and could conceivably provide cost savings. Logend Sldewa$k Hazards 0 Curb Rarnpa Compliant Palti; y Compowl ■ Non-ccnvllanl Irrventory Progress ICompWed Srderrelks in BlUeI Srder,ralk P"i2ons ■ &cellen[ kit Good Fair ` Poor ` Faded ■ Unraled Omw Parcels MM= 27 OWEN GROUP • LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I AOA SELF-EVALUATION & TRANStrION PLAN QUALITY CONTROL Owen's QA/QC has evolved over the years into a combined system that involves both project leadership and technical excellence. The role of the Project Manager, Sandra Miles, CASp, ADAC, ICC, is to foster enhanced communication, control, and coordination. Communication and project leadership is continually being refined and based upon our prior project experience. We are committed to avoiding rework and utilizing systems that encourage project completion in the first attempt. This requires a commitment to planning and results, as well as an enhanced project control of cost, schedule, and scope of work. Owen also adheres to a strict project coordination of interdisciplinary efforts, state, local, and governmental approvals, and communication with the client, affected stakeholders, and assessment team expectations. Quality control in a project encompasses not only the completeness of the ADA Self -Evaluation and Transition Pian and supporting documents, but the programmatic content, work plan, and costs of the work. We pay special attention to the entire project to ensure that all appropriate measures are taken to provide exceptional quality. Rigorous quality assurance is provided for all projects. The assurance is monitored by Owen principals and CASp experts, and I!; established by two functions: Standards of Practice and Quality Control. Owen's deliberate application of these functions minimizes the occurrences of surprises or major change orders during construction. Owen's top management has a total commitment to the project and will have internally assigned both "QA/QC" officers and "Independent Check" officers any City project assigned to Owen. These top personnel all have professional licenses and certifications in their fields. PROJECT CONTROLS METHODOLOGY AND IMPLEMENTATION Owen recognizes the importance of conducting the projects within a schedule and budget, as well as ensuring a high quality product, meeting or exceeding the expectations of the City on all levels. Owen has standard project management, quality assurance, and production cost control procedures already in place for the management and performance of its projects. The assigned project team is prepared to successfully complete the project (s) within the time constraints as established by the City. As with any project undertaken, Owen performs quality control reviews at strategic phases. Owen implements multiple layers of quality control throughout the course of a project to ensure we meet time sensitive schedules. Schedule Control. Owen utilizes common techniques to keep projects streamlined, organized, and on schedule. Timeline Forecast. Determination determination of how long a project will take using available information on labor, productivity, etc., including possible deviations f escalations. ■ Progress Assessment. Measurement of project progress including work estimates, inventories of supplies and materials, etc. ■ Estimation Software. Tracking of planned dates compared to estimated dates, and prediction if changes made to the schedule will progress project ahead or put it behind. Progress Monitoring. Identification of potential problems that can lead to delays. Systems Include use of diaries, reports, meetings, etc. Determination is made as to whether or not delay prevention is cost effective for the project. Data Collection. Continual collection of project data to help identify potential problems. Sources include materials vendors, labor, managers, weather forecasts, etc. Schedule Adjustment. Utilization of schedule change control systems that require changes to move through a process and approval procedure, preventing schedule changes that could delay the project. Schedules are made available in electronic and paper format in a graphic representation. Graphic schedules display current project progress and estimated project performance. Graphic schedules aid the project team in identifying project slippages and taking the steps necessary to correct there. Scheduling Software. Owen will provide planning and scheduling support for all project phases, from development and per - design through construction closeout. Our staff can utilize Primavera P6, SureTrak, Expedition, Meridian Prolog, Proliance and Microsoft Project software for the preparation of schedules. 28 OWEN GROUP • LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I AOA SELF-EVALUATION & TRANSITION PLAN COST CONTROL AND BUDGET METHODOLOGY Project Controls. Owen recognizes the importance of conducting task order projects within a controlled schedule budget and quality, as well as ensuring a high quality product, meeting or exceeding the expectations of the City. Owen has standard project management, quality assurance, and production and cost control procedures already in place for the management and performance of this City project. The assigned project team is prepared to successfully complete the project(s) within the time constraints to be established by the City. Cost Estimating and Cost Control. Our approach to managing and controlling project costs is founded in the identification and resolution of cost impacts early in the process when we have the most ability to influence the autcome. Potential cost are immediately identified and analyzed during review of assessment findings, identification of deficiencies and proposed corrections, then tracked, addressed, and resolved on a continual basis. Owen retains staff specializing in developing project schedules and cost estimating with capabilities in providing project management. lender the management of Owen's Principal -in -Charge, our Project Manager and supporting estimating staff will perform independent audits of cost estimates to ensure accuracy and completeness. Analysis and Identification of Cost Alternatives. The Owen team has extensive experience in estimating and managing costs during field assessment evaluation through active analysis and identification of design elements and construction alternatives to effectively realize compliance with the targeted project budget. At each phase of the process, the project is estimated and the project scope is compared. Differences are highlighted and resolved, and providing alternatives that can optimize proposed improvements and construction are investigated and implemented, as appropriate, to align the project with the budget. Throughout the facility survey/field assessment phase, we will be proactive, we establish cost effective parameters, prototypes, and cost models and define appropriate procurement strategies. STAFFING AND RESOURCE MANAGEMENT PLAN The organizational chart presented in Local Staffing List section illustrates clear lines of authority and responsibility. With Sandra Miles, CASA, ADAC, ICC, and the Project Manager, her responsibility will also include the streamlined delivery of services in accordance with the established scope of services. As the Project Manager, she has the authority to assign the necessary number of staff to ensure timely completion of any City department ADA Self -Evaluation and Transition Plan. After a task is assigned, Sandra will monitor the progress of each project. Sandra will also be the direct point of contact for the City and will be primarily involved in executing all necessary Self -Evaluation and Transition Pian services as required by specific City department task orders. As the Principal -in -Charge, Steven Hooper, AIA, PE, is a working Principal who serve as a guiding Principal and assist the Project Manager in staffing and resource allocations. Ms. Fay Lorraine Sueltx, CASA, AIA, will also assist in the role of Quality Assurance/ Quality Reviewer (QA/QC) throughout the duration of the contract with the City. Further, Owen has also identified additional CASp's and accessibility specialists that are fully committed to any City department assignment. Owen's professional CASp's, ADA/accessibility specialists, architects and engineers, and in-house support staff, are available to begin work immediately on this City contract and will remain on the project for the contract performance period. Owen has ongoing project work; however, we are approximately at about 7496 of capacity, at this time. Many projects are in construction and we will complete most of them within two months. In addition, Owen has the experience and added resources to respond in a timely manner to this important project. Owen has never been unable to complete a project on time. Schedule management is an on-going and consistent process that involves all professionals on the project team. We have developed a comprehensive master schedule, which can be modified as directed by the City, that clearly defines milestones and deliverables. 29 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH ! ADA SELF-EVALUATION & TRANSITION PLAN MANAGEMENTAPPROACH One of Owen's driving forces behind our success has been our belief and commitment to continuity. The following procedures are established for each project undertaken by our firm. Project Approach. Project scope, budgets, and schedules, including milestone work delivery schedules, are developed through a detailed task/hour work plan for specific tasks and level of effort to meet individual project requirements. Our work plan will identify Owen's technical roles as required for this important ADA Self -Evaluation and Transition Program. Project Management Plan. At the start of the project, Owen, in collaboration with the City, will review the Scope of Work (SOW) with the City's Project Manager and stakeholders and engage in development of the Project Management Plan (PMP) and the project's program. After reviewing and fully understanding the scope of work and the City's expectations, the Owen Project Manager prepares the PMP corresponding to the scope complexity and time constraints of the project (s) . The PMP contains descriptions of the project and the "deliverables", list of the various tasks, schedule, and detailed work plan for the elements of each task, as well as the project staff members responsible for that element. The plan also includes the task budgets, anticipated billings, project and client organization procedures for correspondence, filing, approvals, project control, company standards, State standards, ADA CBC Title 24, ADAAG, PROWAG, MUTC D, and other governing agency standards and specifications, and the quality control plan. We follow Project Management Institute (PMI) principals when implementing PM Ps. The main topics are: Identifying the scope early on by engaging the Stakeholders and ensuring a realistic project budget. Planning, initiating and scoping, validation and verification of the program/project. Resources - making sure you have appropriate staffing and expertise on the project and adjusting staffing when necessary to meet the project schedule. Communication with the team and stakeholders all of the time using the latest available technology. a Integration of the entire team with the stakeholders to be part of the overall solution. ■ Monitoring and Controlling deliverables and meeting the stakeholders expectations of the project team. ■ Cost and Schedule monitoring at all times and in detail at each phase of project delivery. ■ Risk - identifying uncertainties early on and figuring their risks into the project, a Quality - validating deliverables versus accepting deliverables; what is expected by the client, not the design team, for deliverables and quality of work. a Process - proactive versus reactive process; project team communication to meet all expectations. 30 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN ADA SELF-EVALUATION AND TRANSITION PLAN Amer Attar, Principal Civil 41000 Main St (951) 506-5162 Engineer Temecula, CA 92590 amerattar@temeculaca.gov COMPLETION DATE: lot$ Owen provided a comprehensive ADA Self -Evaluation and Transition Plan for the City of Temecula. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by AOA regulations. Owen developed a Transition Plan with estimated costs, which includes the involvement and input of City staff and the public through public workshops. Staff Assigned: Maraim Athanasiur (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), Matthew Hansen (Database & Transition Pian Expert) CITY OF INDUSTRY ADA SELF-EVALUATION AND TRANSITION PLAN COMPLETION DATE: aoao 255 N. Hacienda Blvd., Suite Tapas Dutta 222, City of Industry, CA TDutta@cnc-eng.com (949) 278-7748 91744 Owen is currently working on a comprehensive ADA Self -Evaluation and Transition Plan for the City of Industry. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. Staff Assigned: Sandra Miles (QAfQC Manager), Maraim Athanasiur (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), Matthew Hansen (Database & Transition Plan Expert) ADA SELF-EVALUATION AND TRANSITION PLAN Daniel Hernandez, Director 69o❑ Bissell Street of Public Works I Huntington Park, CA 90255 COMPLETION DATE: 2018 (323) 584-6274 or (323) 395-1480 Owen provided the City of Huntington Park with professional services for an ADA Self - Evaluation and Transition Plan to ensure public facilities and right -of --way are in compliance iwt h ADA regulations and other applicable codes. CASp's and ADA specialist performed field surveys to identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. Owen performed self -evaluations of all City - owned facilities, parks, parking lots, and areas within the public right-of-way. Owen also established policies and practices that set City-wide general prohibitions against discrimination on the basis of disability. Staff Assigned: Maraim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), Matthew Hansen (Database & Transition Plan Expert) 31 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH 1 ADA SELF-EVALUATION & TRANSITION PLAN ADA SELF-EVALUATION AND TRANSITION PLAN Gina Nila, Environmental Services Manager 2535 Commerce Way ginan@ci.commerce.ca.us Commerce, CA 90040 COMPLETION DATE: zo16 (.323) 722-4805 Owen provided the City of Commerce with professional services for an ADA Self -Evaluation and Transition Plan to ensure public facilities and right-of-way are in compliance with ADA regulations and other applicable codes. Certified Access Specialist (CASp) led the field survey team to perform the ADA compliance evaluations for 20 City owned and operated buildings, multiple parks and recreational facilities, reservoirs, water wells, storage facilities, and transit centers, as well as 70 centerline miles of street sidewalks, curb ramps, and traffic signals. Owen utilized ArcGIS and prepared maps with geospatial data of all barriers. Staff Assigned: Mar -aim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), Matthew Hansen (Database & Transition Plan Expert) ADA SELF-EVALUATION AND TRANSITION PLAN COMPLETION DATE: 2017 Arturo Cervantes, Public 8650 California Avenue Works Director South Gate, CA 90280 acervantes@sogate.org (3Z3) 357-4557 Owen provided the City of South Gate with professional services for an ADA Self - Evaluation and Transition Plan to ensure public facilities and right-of-way are in compliance with ADA regulations and other applicable codes. Certified Access Specialist (CASp) led the field survey team to perform the ADA compliance evaluations for City buildings, parks, parking lots, streets, intersections, sidewalks, and related public improvements affecting access by persons with disabilities. Buildings and facilities included over 12 buildings, 9 parks and other recreation areas, sports facilities, City maintenance yards, 3 reservoirs, two elevated tanks, and 11 water wells. Areas in the public right of way included 125 miles of streets, curb ramps, sidewalks, pedestrian actuated push buttons at traffic control signals (83 traffic signals), parking areas, and 34 GATE bus stops and 166 Metro bus stops. In developing the Transition Plan, Owen collaborated with City staff and stakeholders for the review of the Self Evaluation results to establish a prioritized list of non-compliant elements, schedules for the mitigation of these non-compliant elements, as well as cost estimates for all mitigation measures. Staff Assigned: Maraim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), Matthew Hansen (Database & Transition Plan Expert) 32 OWEN GROUP- LP I A BUREAU VERITAS GROUP COMPANY ADA SELF-EVALUATION AND TRANSITION PLAN CITY OF SEAL BEACH I ADA SELF-EVALUATION &TRANSITION PLAN COMPLETION DATE: 2015 Elizabeth uez Rodriguez iioo North Eastern Ave., erodriguez@ci.irwindale.ca.us g Los Angeles, CA goo63 g @ (949} z 78- 7748 Owen provided the City of Irwindale (City) with professional services for an ADA Self Evaluation and a Transition Plan to ensure public facilities and right-of-way are in compliance to ADA regulations Title 24, ADAAG, PROWAG, MUTCD, and other applicable codes. Owen performed compliance audits relating to site and program accessibility. The results of the audits will provide the basis for identification, prioritizing, budgeting, and implementing subsequent transition plans. Owen's scope of services included assisting City staff in the review and identification of building pians, inspection reports, inventories of ADA curb ramps and sidewalks, and other associated documentation required to complete a comprehensive audit. Owen also reviewed and evaluated city policies, programs, facilities, and activities to determine any issues that may be deemed discriminatory to citizens with disabilities. Owen provided recommendations of modification in programs, practices, and procedures to ensure a barrier free environment. Staff Assigned: Maraim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASA Evaluator), Matthew Hansen (Database & Transition Plan Expert) SITE INSPECTIONS AND GASP REPORTS Mat Antonelli, Director of Construction Management One Gateway Plaza, Los Angeles, CA goo, 7 AntonelliM@metro.net COMPLETION DATE: 2013 (213) 893-7114 Design/Build Team of Amoroso -Owen was contracted by the Los Angeles County Metropolitan Transportation Authority (Metro) for the Metro Blue Line project involving inspections, condition assessments, and architectural and engineering improvements and upgrades of the entire group of 21 Metro Blue Line stations. The Metro Blue Line is Metro's oldest and most heavily used rail line. Owen, as a design partner to Amoroso, provided full architectural and engineering (structural, civil, mechanical, electrical) design, sustainable design, as well as Americans with Disabilities (ADA) accessibility/compliance and inspections for all the 21 Blue Line stations and rail platforms. Staff Assigned: Maraim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator) 33 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY SITE INSPECTIONS AND CASP REPORTS James Carson Lawless, Senior Architect CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN 316o Airway Avenue, Costa flawless@ocair.com Mesa, CA 92626 COMPLETION DATE: 2019 (944) 252-5214 Owen was selected by the Orange County Public works to provide Certified Access Inspections to confirm compliance with California and Federal Accessibility Regulations to the John Wayne Airport. Owen is also preparing CASA Inspection Reports documenting the site inspections. The report complies with CA Civil Code Section 55.53 and includes photographs identifying and describing the inspected structures and areas of the site. The report also identifies applicable codes and requirements of the governing agencies providing the Code Citations of all non-compliant features identified. included in the inspections are: Terminals A, B, and C; Landside; Existing restroom facilities, ATMS, stairs, and telephone booths; Parking A1,A2, B2, C and temporary parking; elevators, ticketing/check in counters; Rental Car area; baggage claim; Information Kiosks; Valet Parking; Electrical Vehicle Charging Stations; walkways; covered bus stops; and employee work spaces. Staff Assigned: Staff Assigned: Sandra Miles (QA/QC Manager), Maraim Athanasiur (Project Manager), Steve Hooper Transit Tower ADA Accessibility Evaluation & COMPLETION DATE: aoaS Recommendations for Design Upgrades Michael Smith, Director of Public Works 1143 E. Fruit Street Dates: 2015 Santa Ana, CA 92701 T: (714) 667-3284 1 mike.smith@ocpw.ocgov.con Owen provided Orange County Public Works with professional consulting services for an ADA Accessibility Assessment to evaluate the physical accessibility of the transit tower building and to ensure facilities are in compliance to ADA regulations. This transit tower ADA evaluation consisted of an assessment of the physical accessibility of the building and related parking identifying barriers to accessibility which includes obstacles that prevent or restrict the entrance or use of the facility. The focus of the assessment was areas accessed by the public (lobbies, parking, restrooms, elevators, counters, doors, signage, guard rails, etc.) and gathering areas (conference rooms and break rooms). The evaluation reviewed facilities in accordance to ADA Accessibility Guidelines (ADAAG) and the California Code of Regulations, Title 24, Part 2. Staff Assigned: Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator), 34 OWEN GROUP- LP I A BUREAU VERITAS GROUP COMPANY ADA Barrier Removal Program CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN Kinn Kennedy, Director of 333 S. Beaudry Ave., 23rd Sustainability I Floor, Los Angeles, CA 90017 Ki`n.Kennedey@lausd.net (213) 219-7738 ib Staff Assigned For over 20 years, Owen has worked with LAUSD providing the district with ADA evaluations through the ADA Barrier removal program. Nearly a decade ago, Owen provided ADA evaluations at 77 different school sites and provided LAUSD with a technical report identifying barriers for persons with disabilities, as well as providing recommendations for the removal of these barriers. Today, Owen continues to work with LAUSD under a newer barrier removal program. Owen staff are performing site surveys of existing ADA barriers at multiple school campuses and preparing recommendations and designs for necessary upgrades for ADA accessibility compliance. Our scope can range from the design of new ADA compliant ramps, re -design of restroom facilities, to the design of and the installation of Modular Hydraulic Passenger Elevator and Passenger Loading Zones. Sandra Miles (QA/QC Manager), Mariam Athanasius (Project Manager), Steve Hooper (Principal -in -Cha ADA ACCESSIBILITY FIELD CONDITIONS ASSESSMENTS DGS Ronald Reagan Roland Aiinea, Project Director, Project Management and Development Branch DGS Mission Valley Ryan Beck, Project Director Project Management and Development Branch 707 3rd Street, West Roland.Alinea@dgs.ca.gov Sacramento, CA 956o5 Ryan.Beck@dgs.ca.gov COMPLETION DATE: 2074 (916) 247-0126 (975) 375-4310 Under Owen's Master Contract for Architectural Retainer Services for Southern California, Owen performed accessibility evaluations at two DGS locations: Ronald Regan State Building and Mission Valley State Office Building. Owen provided the comprehensive assessment and evaluation of the existing building conditions identifying barriers to accessibility which included obstacles that prevent use of the facility for persons with disabilities. The focus of the assessment was limited to areas accessed by the public (lobbies and restrooms). Once the evaluations were completed, Owen developed a list of the physical barriers that limited accessibility to individuals with disabilities. Our report included detailed diagrams, photographs, and reference to the ADA code. Owen also provided a detailed outline of the methods to be used to remove the barriers, and opinion of probable cost to perform the improvements. Ronald Reagan State Building j 300 S. Spring Street, 2nd Floor, North Tower Los Angeles, CA 9001: Existing sixteen (16) story building. Mission Valley State Office Building 1757 5 Metropolitan Drive, San Diego, CA 92108: Existing three (3) storu office building, Staff Assigned: Maraim Athanasius (Project Manager), Steve Hooper (Principal -in -Charge), David Stuber (Field CASp Evaluator) 35 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION &TRANSITION PLAN Upon thorough review, Owen does not wish to take any exceptions to the City's Standard Professional Services Agreement. 36 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH 1 AGA SELF-EVALUATION & TRANSITION PLAN Owen has provided our Fee Proposal is a separate, sealed envelope marked as "Seal Beach ADA Self -Evaluation and Transition Plan - Fee Proposal.' 37 Of Seal Beach AOA Self-EValuatian and Transition Plan Owen Group LP Fee Proposal 6J]7J16 ulm - a - rnm sns,w slbn TL.Fa st.lav urn Fs}gp Pm AldeH and M.na em.nl MaIn�rMwn x r Furl Cern tlpn 5[.iw surrvru-H.np.s / n v v tuelo7Al• l..Awn ]]v n ova w w se w s— awL•! rWAM .O.nel And eMain rl rM.x. tlxwA.nlp W m.W.Uh 1wr a.rMw all u .nd r.w $1w VjWrmAL-MMNS 0 a IE SOMMAL. ►wren w Ilp 'km 190 WTw nk k AM wr•e..w.w. nr .n0 bans b naMrr[t S.R•inluatlwI SAN ucl sn4r.y... 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AOA f W-EnluNien and T..M— Fl.n rr.ry andwnvnans mMetlde(e 1 mm.ne vM tl[taAn1 [asi beealdowv. rar IdrluA.d wprvv.m.rrt. 1 :1 f rp Ime4 l hptrjyr.c rd bms lw rrWnrY.{inplmrnunen 1 saAtl Hp[Nuni N bmM lef 4r .dWbsW .rruAlmr 1]Sp Pm[Mrf.l W IarrrHs Ior R.MM A.OM.Atfa Art.mMadarm PU FLnprrd ram -W. ] / Earwur. fu.r*ary' ana yrrnuNe a &�w r /SAN V6—"Gan APA Sar EwM.Yen rw Trr lav- Prekmvarr ] 1 .1. MSW H A.vi.r e! Umh AGA..► Lvr mtbm.nd rral"W fkN .IIY.. AGA W".awWk-and rrarvrW W. n..- F*W u a xw lwroru nvuasv v TF u u wervrAe-wr M1.11bn. vsTp .ep wAr]v smm Asx 5: Ca ml FuNk M1 tbP.rrd Oevf.ach w w rem i r 5J.6w SWTOTFLL • HOuP4P 0 0 J x u .WTOTAL• Pa.Nll. !e S. 3r..lm b W S]W f! lu ask 6: GFtabas.• Ma -W SU -M" d PW" update Lly'r [:.rWlrp �VanFfn AOA 1.m rip x.ad.rp op.rn�nF vx+rwral wr AOA c.erpml Imvu.. h n Ma. a.tl c r rn t u rlx rale s.sspr.r ora w+ S14,w wiTOTAI - Innes o Do ]a. s w ip.TOTAL- Fane. ID,. !p m.mp Hrrw Ink r: rralnl r[ab.a •�rern role. su[r[.s. W re rytwrrF wnvmm 4pa rr..M twn./n Wa.vn l AOAc m u ana m. eMlaease / ] As..�lprl rap tlr APA SNI-Errua mi• Intl T..nWon PIRn l lafa Sipe[OTAI-1104Rf 0 A wVOTRL • Fwnkn M Sa u v w fFw m arm sx.Pre ..k.: FYn.N .denulT Iundr.F sa.eWnFFebrfYn.a.a+Omen .awn RYdns tip.drre. u su.TOTAL HnuRs pffPelle A 01 u w.TVTAI- pm PaOlon! w >o szvm w S. w w umv e oe..m t FinJ Plan ia.e.Ur. Asl k. Cpprrd M..e Pe.]emawm s wrorAL •loam o v v v I SU Al• m w 4 1 mm u!w rprRl slaws rm r ra Er0 Ise] Toru - Hlnlla5 v Tw rat rvs m I mr] u u -- IiMEEM MZ.r.-==�L--=MIT%-=i:EL1-mmum—•-mirn.-mmj OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN Owen has provided two binding signatories for the firm, pursuant to California Corporation Code Section 313. Both representatives are authorized to bind Owen contractualy and to negotiate the terms of a contract. r 7 Michael Chegini, President Steve Hooper, Vice President 38 OWEN GROUP - LP I A BUREAU VERITAS GROUP COMPANY CITY OF SEAL BEACH I ADA SELF-EVALUATION & TRANSITION PLAN NAME OF COMPANY: Owen Group Limited Partnership CORPORATE/RESPONSIBLE OFFICE: 220 Technology Drive, Suite 100 Irvine, CA 92618 PRIMARY AUTHORIZED CONTACT: Steve Hooper, AIA, PE, Vice President PROJECT MANAGER: Sandra Miles, CASp, ADAC, ICC TELEPHONE: (800) 600-OWEN (6936) EMAILS: s ho o pe rCrb owe ngrou p. co m sm i I es@owengrou p.com WEBSITE: I�1 www.owengroup.com A MUNFAU VEWTAS CROUP CONPAM• NAME OF COMPANY: Bureau Veritas CORPORATE OFFICE: Paris, France ADDRESS: 180 Promenade Circle, Suite 150 Sacramento, CA 95834 PRIMARY CONTACT: Isam Hasenin, PE - COO, Facilities Division TELEPHONE: Cell; (858) 436-4159 EMAILS: wfU vg� isam.hasenin@us.hureauveritas.com m WEBSITE: ,eza www.us.bLireauverltas.com 39 - CERTIFICATE OF LIABILITY INSURANCE 10/30t201 9 ffE(MM/DDNYYY) 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 endorsemen s . PRODUCER CONTACT NAME: Aon Risk Services Northeast, Inc. Aon Risk Services Northeast, Inc. Fo. Est): 866-283-7122 xo,); (800) 363-0105 Riess: NY NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC III INSURED INSURER A: Hartford Fire Insurance Co. 19682 Owen Group Limited Partnership INSURER B: Twin City Fire Insurance Company 29459 220 Technology Drive, Suite 100-110 Irvine CA 92 6 18 USA INSURER C: Hartford Ins Co of the Midwest 37478 INSURER D: Hartford Accident & Indemnity Company 22357 INSURER E: Sentinel Insurance Company, Ltd 111000 MED EXP (Any one person) S10,000 INSURER F: Hartford Underwriters Insurance Company 130104 COVERAGES CERTIFICATE NUMBER: 570079019071 REVISION NUMBER: 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. Limits shown are as requested IN L TYPE OF INSURANCE City of Seal Beach 211 -8th Street POUCY NUMBER ( ) ( LIMITS K X COMMERCIAL GENERALLWBILITY e�qr~ ✓G� �iNe�taf c//M�i ✓ssw USL EACH OCCURRENCE S2,000,003 ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD CLAIMS -MADE F_X1 OCCUR PREMISES (Es occurrence) S 1 r 000 r QQQ MED EXP (Any one person) S10,000 PERSONAL& ADV INJURY S2,000,00 GENL AGGREGATE APPLIES GENERAL AGGREGATE 52,000,00 LILIMIT SPER POLICY X 1 ,PjE O- I X LOC �l L—1 PRODUCTS - COMP/OP AGG S 2 , 000 , OQ OTHER: A AUTOMOBILE LIABILITY 10 AB 541202 AOS 03/15/2019 01/01/2020 COMBINED SINGLE LIMIT (Ea aooidem) $2,000,000 BODILY INJURY( Per person) A X ANY AUTO 10 AB 541203 03/15/2019 01/01/2020 OWNED AUTOS SCHEDULED ONLY AUTOS HI BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIREDAUTOS NON-O,M�IED AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS -MADE AGGREGATE DED I RETENTION I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 10wN541200 AOS 03/15/2019 01/01/2020 pER pTH X STATUTE ER E.L. EACH ACCIDENT S1,000,000 C ANY PROPRIETOR I PARTNER /EXECUTIVE OFFICER/MEMBEREXCLUDED' N N/A 1OWNS41200 03/15/201901/01/2020 E.L. DISEASE—EMPLOYEE $1,000,00 (Mrt ard«y M NH) AK ID NY USCrOle -der RIIPTION OF OPERATIONS bekm E.L. DISEASE -POLICY LIMIT S1,000,060 K Archit&Eng Prof USF00248019 03/15/201901/01/2020 Each Claim 511000,00 SIR applies per policy temis & condi ions Aggregate 51,000,00 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addldonal Remarks Schedule, may be attached a mon space Is required) The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. city of Seal Beach, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-contributory to other insurance available to City of Seal Beach, its directors, officials, officers, employees, agents and volunteers, but only in accordance with the policy s provisions. CERTIFICATE HOLDER CANCELLATION N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION •7711LLL DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 -8th Street AUTHORIZED REPRESENTATIVE IR Seal Seal Beach CA 90740 USA e�qr~ ✓G� �iNe�taf c//M�i ✓ssw ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMEDINSURED Owen Group Limited Partnership POLICY NUMBER SPP rPrtificata NumhPr: 570079019071 CARRIER See Certificate Number: 570079019071 NAIC CODE EFFECTNE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance J INSURER(S) AFFORDING COVERAGE NAIC # INSURER G :Property & Casualty Ins Co of Hartford 34690 INSURER H :Hartford Casualty Insurance Co 29424 INSURER I :Trumbull Insurance Company 27120 INSURER J :Nutmeg insurance Co 39608 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR LTR TYPE ORINSURANCE ADDL INSD SUBR %WD POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS (MMlDD/YYYV) DATE WORKERS COMPENSATION D N/A 10wNs41200 03/15/2019 01/01/2020 AL GA KY NE TN VT F N/A 1OWNS41200 03/15/2019 01/01/2020 AZ HI MA MO NJ NC SD VA G N/A 1OWNS41200 03/15/2019 01/01/2020 CA CO DE LA ME MN MS SC J N/A 1OWNS41200 03/15/2019 01/01/2020 CT A N/A 1OwNs41200 03/15/2019 01/01/2020 FL MD NH NO OH OR PA PR I E N/A 1OwNs41200 03/15/2019 01/01/2020 IA NV OK H N/A 1OwNs412OO 03/15/2019 01/01/2020 IL TX B N/A 10WBRS41201 5 WI ACORD 101 (2008!01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMEDINSUREO Owen Group Limited Partnership POLICY NUMBER SPP rPrtificatP NumhPr_ 570079019071 CARRIER See certificate Number: 570079019071 7=E EFFECTIVE DATE: ADDITIONAL REMARKS ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: USL00159319 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any owner, lessee or contractor for whom Locations that are listed in the written you are performing operations when you contracts or agreements stated on the left and such owner, lessee or contractor have side of this SCHEDULE. agreed in writing in a contract or agreement that such owner, lessee or contractor should be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: USL00159319 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any owner, lessee or contractor for whom you are Locations that are listed in the written contracts or performing operations when you and such owner, agreements stated on the left side of this SCHEDULE. lessee or contractor have agreed in writing in a contract or agreement that such owner, lessee or contractor should be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 07 04 0 POLICY NUMBER: 10 AB S41202 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section 11 - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form, "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section Il - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto." Paragraph A.1. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory If additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of. written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor, costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto'; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto'; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or ® 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of 180 Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is. (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: ® 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 6 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment cf premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 6 of 6 CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 01p1120t9 F 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 endorsemen s . PRODUCER CONTACT 1iAA1E Aon Risk Services Northeast, Inc. Aon Risk Services Northeast, Inc. 1 - o.Ezl): 866-283-7122C,Ne,) (800) 363-0105 NY NY Office One Liberty Plaza ioDtss; INSURER(S) AFFORDING COVERAGE NAIC e 165 Broadway, suite 3201 New York NY 10006 USA INSURED INSURER A,- Hartford Fire Insurance Co. 19682 Owen Group Limited Partnership and INSURER B: Twin City Fire Insurance Company 29459 Henrikson oven &Associates Limited rsi !'artne hp INSURER c Hartford Ins co Of the Midwest 37478 220 Technology Drive, Suite 100-110 Irvine CA 92618 USA INSURER D: Hartford Accident & Indemnity company 22357 INSURER E: Sentinel Insurance company, Ltd 11000 PREMISES(Ea ocamaim) $1,000,000 WSURERF: Hartford underwriters Insurance Company 130104 COVERAGES CERTIFICATE NUMBER: b(OO/5463418 RFVISIAN NIIMRFR- 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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested giSE�XCLUSIONS LTR TYPE OF INSURANCE I POLICYNUMBER (MMIDO (Y Y LOUTS R X COMNERCIALGENERALLIABRJTY USI -0615931q —03T15M'9M7F'7M EACH OCWRRENCE 11,000,000 CLAIMS -MADE i J( I OCCUR 1� PREMISES(Ea ocamaim) $1,000,000 MED EXP (Any one perm) $10,000 PERSONAL B ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRO - powyOTHER: Q JECT Q LOC PRODUCTS -COMPADP AGO 52,000,00 OTHER: A AUTOMOBILE LIABILITY 10 AB 541202 AOS 03/15/2019 01/01/2020 comBiNEDsINcIPnMIT (F—kWm) $1,000,00C BODILY IMAM (Per penin) A X ANYAutO 10 AB 541203 03/15/2019 01/01/2020 OWNED AUTOS SCHEDULED ONLY AUTOS HI BODILYIN.RIRY(Per ) PROPERTYDAMAGE (P. _dde d) HIRED AUTOS �N'OWI'Im ONLY AUTOS ONLY R X UMBRELL-A LIAO X OCCUR USLOO163319 03/15/2019 01/01/2020 EACH OCCURRENCE 55,000,00 EXCESS UAB CLNMS-MADE AGGREGATE $5,000,000 DED X TRETENTION 510,000 I C ori KERS COMPENSATION AND YIN ANYIEXECUTNE OFFICV11MENHER EXCLUDED? N NIA 1OWNS41200 AOS 1OWNS41200 03/15/2019 03/15/2019 01/01/2020 01/01/2020 pER ��77 X STATUTE ERH E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE -EA EMPLOYEE S1,000,000 (M.md,d.y In NH) AK 11) NY nyes de�ae urs DESCR--b. OE OPERATIONS Gelpw El, DISEASE -POLICY LBdR $1, 000 , 000 R Archil&Eng Prof USF00248019 03/15/201901/01/2020 Each Claim $2,000,000 SIR applies per policy terns & condi ions Aggregate 52,000,00 DESCRIPTION OF OPERATI DNS I LOCATIONS i VEHICLES (ACORD 101, AddWa-1 Remarks Schedule, mry W enatlred If more apace is required) Evidence of insurance. The Architects & Engineers policy includes coverage for Professional Liability and contractors Pollutio Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Owen Group Limited Partnership and AUTHORIZED REPRESENTATIVE Henrikson Owen & Associates Limited, Partnershi 220 Technology Drive, suite 100 110 �/j%L�Irfc r✓jLed (/'4t��aet Irvine CA 92618 USA Ij�qs 'D1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC M ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY Aon Risk services Northeast, Inc. NWED INSURED Owen Group Limited Partnership and POLICY NUMER SPP farrifirarP Numher: S7007946341R CARRIER See Certificate Number: S70075463418 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: ACOR0 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G :Property & Casualty Ins Co of Hartford 34690 INSURER H :Hartford Casualty insurance Co 29424 INSURER I :Trumbull Insurance Company 27120 INSURER I :Nutmeg Insurance Co 39608 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUER POLICY POLICY LTR TYPE OF INSURANCE INSD NVVD POLICY NUMBER EFFECTIVE DATE EXPIRATION LIMITS (ABUDDIVYYYI DATE WORKERS COMPENSATION D N/A 1GWNs41200 03/15/2019 01/01/2020 AL GA KY NE TN Vi F N/A 10WNs41Z00 03/15/2019 01/01/2020 AZ HI MA MO NJ NC SD VA G N/A lOWNs41200 03/15/2019 01/01/2020 CA CO DE LA ME MN MS SC I N/A IOWNS41200 03/15/2019 01/01/2020 CT A N/A 10wNs41200 03/15/2019 01/01/2020 FL MD NH NO OH OR PA PR I E N/A 1OWNS41200 03/15/2019 01/01/2020 IA NV OK H N/A 10WNs41200 03/15/2019 01/01/2020 IL TX B N/A IOWBRs41201 03/l5 020 WI ACORD 101 (200&01) 02008 ACORO CORPORATION. All rights reserved. The ACORD name and logo are registered marls of ACORD AGENCY CUSTOMER ID: 570000048582 .4CORU® Loc #: �...� ADDITIONAL REMARKS SCHEDULE Paae of AGENCY Aon Risk services Northeast, Inc. NAMED INSURED Owen Group Limited Partnership and POLICY NUMBER CPP rPrTifir;1tP NumhPr: 57007546341A CARRIER see certificate Number: 570075463418 NAIL CODE EFFECTNE DATE: ADDITIONAL REMARKS R gTR LT TYPE OF INSUILkNCE ADDL [P'SD SUER lWp POLICY NUAtBFR EFFELTIVE DATE {UAIfOD/YYYY) EXPIRATION DATE LIMITS ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT for ADA Self -Evaluation and Transition Plan between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 (800) 600-6936 This Amendment No. 1, dated December 14, 2020, amends that certain agreement ("Agreement") dated September 23, 2019 by and between the City of Seal Beach ("City"), a California charter city, and Owen Group Limited Partnership ("Consultant"), a Nevada Limited Partnership. 1 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional ADA self-evaluation and transition plan services. B. City and Consultant wish to amend the Agreement to extend the agreement term to December 31, 2021. 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 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows: "2.0 Term 2.1 The term of this Agreement shall commence as of the Effective date and shall expire midnight on December 31, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice." Section 2. All references to the term "Agreement" throughout Sections 1.0 through 28.0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 23, 2019, and this Amendment No. 1, dated December 14, 2020, as if all of those terms are fully set forth therein. Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH t JKR. Ingram, Ci; By - CONSULTANT: Owen Group Limited Partnership, a Nevada Limited Partnership By: `! Name: Gus Guerrero s: Its: a �= — d NN, P1lLUl I ICS/ 3 Name: Its: VP &COO, Facilities Division (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) A� �® CERTIFICATE OF LIABILITY INSURANCE DATE 2!22/20202020 Y) 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 Aon Risk services Northeast, Inc. Aon Risk Services Northeast, Inc. CONTACT NAME: (A/C.No.Ext): 866-283-7122 A .No.: <800) 363-0105 NY NY Office One Liberty Plaza E-MAIL ADDRESS: 165 Broadway, suite 3201 New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford Fire insurance Co. 19682 Owen Group Limited Partnership 220 Technology Drive, suite 100-110 Irvine CA 92618 USA INSURER B: Hartford Underwriters Insurance Company 30104 INSURER C: Allianz Global Risks Us Insurance Co. 35300 INSURER D: Trumbull insurance Company 27120 INSURER E: MED EXP (Any one person) $10,000 INSURER F; 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MWDD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY USL00159321 7T7UT= 77U= EACH OCCURRENCE $2,000,000 CLAIMS -MADE X❑ OCCUR PREMISES Ea occurrence)$1, 000, 000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: POLICYX PRO X LOC JECT F GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 10 AB 541202 AOS 01/01/2021 01/01/2022 COMBINED SINGLE LIMIT (Ea accident)_ $2,000,000 BODILY INJURY ( Per person) e X ANYAUTO 10 AB 541203 01/01/2021 01/01/2022 OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED ONLY AUTOS ONLY HI BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident UMBRELLALIABOCCUR HCLAIMS-MADE EACH OCCURRENCE EXCESS LIAR AGGREGATE DED RETENTION D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/ PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A 1OWNS41200 see state Policy Addendum 7177f =1M7n=PER STATUTE OTH- X R E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C Archit&Eng Prof USF00248021 claims Made SIR applies per policy terms 01/01/2021 & condi 01/01/2022 ions Each Claim1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. city of seal Beach, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to City of seal Beach, its directors, officials, officers, employees, agents and volunteers, but only in accordance with the policy s provisions. vcn r rrrairir c nULUcn CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 -8th Street AUTHORIZED REPRESENTATIVE seal Beach CA 90740 USA 1re..)L 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD m N 0 v OD 0 0 n Ln N_ o 0 0 AGENCY CUSTOMER ID: 570000048582 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED Owen Group Limited Partnership POLICY NUMBER see Certificate Number: 570085340271 CARRIER see Certificate Number: 570085340271 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers Compensation/Employers Liability 1OWNS41200 01/01/21-01/01/22 Trumbull Insurance AR,OC,IN,LA,RI,UT 1OWNS41200 01/01/21-01/01/22 Twin City Fire Insurance Company FL,ND,OH,WA,WY 1OWNS41200 01/01/21-01/01/22 Hartford Insurance company of the Midwest AK,ID 1OWNS41200 01/01/21-01/01/22 Hartford Casualty Insurance Company MO,TX 1OWNS41200 01/01/21-01/01/22 Nutmeg Insurance Company CT,IL 1OWNS41200 01/01/21-01/01/22 Hartford Fire Insurance Company NH,OR,PA 1OWNS41200 01/01/21-01/01/22 Hartford Accident and Indemnity Company AL,GA,KY,ME,MI,MT,NE,NY,TN,VT 1OWNS41200 01/01/21-01/01/22 Property /Casualty Insurance company of Hartford CA,CO3DE,MN,MS,SC 10WNs41200 01/01/21-01/01/22 Hartford Insurance Company of Illinois wv 1OWNS41200 01/01/21-01/01/22 Hartford insurance Company of the southeast KS,MD 1OWNS41200 01/01/21-01/01/22 Hartford Underwriters Insurance Company AZ,HI,MA,NC,N7,SD,VA 1OWNS41200 01/01/21-01/01/22 Sentinel Insurance Company, Limited IA,NM,NV,OK 1OWBRS41201 01/01/21-01/01/22 Twin City Fire insurance Company WI 10WBRs41201 01/01/21-01/01/22 Hartford Fire insurance Company PR ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD `'� fl CERTIFICATE OF LIABILITY DATE(MMlDD/YY11� INSURANCE 01/06/2020THIS 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 POUCHES 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 Aon Risk services Northeast, Inc. Risk Services Northeast, Inc. NY NY Office One Liberty Plaza 165 Broadway, suite 3201 New York NY 10006 USA CONTACT NAME: PHONE 866-283-7122 0) 363 -0105Aon NFAAXE866-283-7122 C. No. E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Owen Group Limited Partnership 220 Technology Drive, Suite 100-110 Irvine CA 92618 USA INSURER A: Allianz Global Risks US Insurance Co. 35300 INSURER B: Hartford Fire Insurance Co. 19682 INSURER C: Hartford Underwriters Insurance company 30104 B INSURER D: Trumbull Insurance company 27120 INSURERE: Hartford Ins Co Of the Midwest 37478 COVERAGES r`FRTIFIrATCPit uQED.27nnonn000a INSURER F: Sentinel insurance Company, Ltd 111000 - -- - - -- --- -- — - •—••• niaviWlum Numtsew 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. Limits shown are as requested LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER POLI(MMIDPOLICYEXP LIMITS X COMMERCIAL GENERAL LIABILITY USL EACH OCCURRENCE $2,000,000 CLAIMS -MADE X� OCCUR $1,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $2,000,000 AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY PECO LpC nGEN'L PRODUCTS - COMP/OP AGG $2,000,OOO OTHER. B AUTOMOBILE LIABILITY 10 AS 541202 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT ADS $2,000,000 C X ANVAUTO 10 AS 541203 01/01/2020 01/01/2021 BODILY INJURY (Per person) OWNED SCHEDAUTOS AUTOS ONLY HI BODILY BODILY INJURY(Per accident) HIRED AUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION D WORKERS COMPENSATION AND 01/01/2020 0110112021 LIABILITY EMPLOYERX PER STATUTE OTH- S' y / N AOS E FR 11OWN541200 OFFICER/MEIM ER XCLUDED?EXECUTIVE N NIA IOWNS41200 01/01/2020 01/01/2021 E.L. EACH ACCIDENT $1,000,000 (Mandatory in NN) , d If AK ID NY E.L. DISEASE -EA EMPLOYEE S1,000,000 DESCesescribe under RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000, 000 A Archit&Eng Prof USF00248020 01/01/2020 01/01/2021 Each claim $1,000,000 claims Made Aggregate $1,000,000 SIR applies per policy teris & condi ions DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. city of seal Beach, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-contributory to other insurance available to city of Seal Beach, its directors, officials, officers, employees, provisions. agents and volunteers, but only in accordance with the policy's r FRTIFICATE H d m co M 0 co 0 0 Ln M ILI hi OLDER CANCELLATION 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 -8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 USA �% �f p ,(/'� p �i c.3clvn i%Z.d� �itcllLvd c/%ttlaarrG�f, ✓ssa ACORD 25 2016/03 01988-2015 ACORD CORPORATION. All rights reserved. ( ) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, Inc. NAMED INSURED Owen Group Limited Partnership POLICY NUMBER See Certificate Number: 570080083819 CARRIER See Certificate Number: 570080083819 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. TNSR LTR INSURER(S) AFFORDING COVERAGE NAIC # INSURER G: Property & Casualty Ins Co of Hartford 34690 INSURER H: Hartford Casualty insurance Co 29424 INSURER I: Nutmeg Insurance Co 39608 INSURER ]: Hartford Accident & Indemnity Company 22357 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. TNSR LTR TYPE OF INSURANCE ADDL tNSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE, VF, DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MNUDD/YYYY) LIMFCS WORKERS COMPENSATION 7 N/A 1OWN541200 AL GA KY MT NE TN VT 01/01/2020 01/01/2021 C N/A 1OWN541200 AZ HI MA MO N7 NC SD TX ` 01/01/2020 01/01/2021 G N/A 1OWN541200 CA CO DE LA ME MN MS SC 01/01/2020 01/01/2021 I N/A 10WNs41200 CT 01/01/2020 01/01/2021 B N/A 1OWN541200 FL MD NH ND OH OR PA WA I 01/01/2020 01/01/2021 F N/A 1OWN541200 IA NV OK 01/01/2020 01/01/2021 H N/A lOWN541200 IL 01/01/2020 01/01/2021 B N/A 10WBRs41201 WI 01/01/2020 01/01/2021 AVVIIV wi k'VVwV'i 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION 7093 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 OWEN GROUP LIMITED PARTNERSHIP FOR ADA SELF- EVALUATION AND TRANSITION PLAN SERVICES WHEREAS, on September 23, 2019, City Council approved a Professional Services Agreement (Agreement) with Owen Group Limited Partnership (Owen) in the amount of $165,440 to prepare the City's ADA Self -Evaluation and Transition Plan; and, WHEREAS, Agreement is set to expire midnight of December 31, 2020; and, WHEREAS, the City and Owen desire to extend the Agreement term. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 1 to the Agreement with Owen Group Limited Partnership to extend the Agreement term to December 31, 2021. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of December, 2020 by the following vote: AYES: Council Members: Kalmick, Moore Massa-Lavitt, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 5 _ Schelly Sus arsic, Mayor - 4 A EST: loria D. Har` r, City erk 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 7093 on file in the office of the City Clerk passed, approved, and adopted by the City Council at a regular meeting held o the 14� day of December, 2020. loria D. Ha r, City Clerk PROFESSIONAL SERVICES AGREEMENT for ADA Self -Evaluation and Transition Plan between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 (800) 600-6936 This Professional Service Agreement ("the Agreement') is made as of September 23, 2019 (the "Effective Date"), by and between Owen Group Limited Partnership ("Consultant'), a Nevada Limited Partnership, and the City of Seal Beach ("City"), a Califomia charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional ADA self-evaluation and transition plan services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional to conduct ADA accessibility services and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in. consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1of13 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall expire at midnight on December 31, 2020, unless sooner terminated or extended as provided by this Agreement. 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 One Hundred Sixty Five Thousand Four Hundred Forty Dollars and 00/XX (;165,440.00) for the Original Term. 3.2. Consultant will not be compensated for any work performed not speed 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 2of13 business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Steve Hooper is the Consultant's primary representative for purposes of this Agreement. Steve Hooper shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personalty 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: Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 Attn: Steve Hooper 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3 of 13 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 sok 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 4of13 subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, 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 any other provisions of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension contributions to PERS on behalf of qualifying employees. In providing its employees and any other personnel to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and shall not assign or utilize any personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provisions of this Agreement. 5of13 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be retumed to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect, 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders 6of13 to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and, if required by the City, (3) Professional Liability coverages (or Errors and Omissions Liability coverage, as appropriate). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled 7of13 except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnity for Professional Services To the fullest extent mitted 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 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its 8of13 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. 16.1.1. For Desian Professional Services: If Consultant's Services hereunder include the performance of professional services by a "design professional,' as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, 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, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnitees. Other than in the performance of professional services, or design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action 9of13 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. 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, matehalmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, includi Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is 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, r noniscriminaon includes, but is not limited to, all activitiesrelated Such 1 in t al-demp oyment upgrading, demotion, transfer, recruitment or recruitment advertising layoff, or termination. 10 of 13 18.0 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. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 11 of 13 26.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy 12 of 13 between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 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: Approved A Attorney CONSULTANT Partnership, Partnership Owen Group Limited a Nevada Limited � Heather Bush Vice President ecretary Isam Hasenin Vice President (Please note, for corporations Corporations 13 of 13 two signatures required pursuant to California Code Section 313.) AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT for ADA Self -Evaluation and Transition Plan between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Owen Group Limited Partnership 220 Technology Drive, Suite 100 Irvine, CA 92618 (800) 600-6936 This Amendment No. 2, dated December 13, 2021, amends that certain agreement ("Agreement") dated September 23, 2019, as amended by Amendment No. 1, dated December 14, 2020, by and between the City of Seal Beach ("City"), a California charter city, and Owen Group Limited Partnership ("Consultant"), a Nevada Limited Partnership. 1 RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional ADA self-evaluation and transition plan services. B. City and Consultant wish to amend the Agreement to extend the agreement term to August 30, 2022. AMENDMENT NO. 2 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 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows: "2.0 Term 2.1 The term of this Agreement shall commence as of the Effective date and shall expire midnight on August 30, 2022, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice." Section 2. Section 14.0 (Safety Requirements) is hereby amended in its entirety to read as follows: "14.0 Safety Requirements. In addition to all other requirements of the Agreement, all Services 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 and other applicable local, state and federal laws, industry safety orders and/or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant's performance of the Services. 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 Consultant." Section 3. Subsection 15.6 is hereby added to Section 15.0 (Insurance) to read as follows: " 15.6. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its directors, officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City." Section 4. The title of Subsection 16.2 (Other Indemnitees) is hereby amended to read as follows, with all other provisions of Subsection 16.2 to remain the same: "16.2. Other Indemnities." Section 5. Section 29.0 (Non -Appropriation of Funds) is hereby added to the Agreement to read as follows: "29.0 Non -Appropriation of Funds. Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year." Section 6. All references to the term "Agreement" throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 23, 2019, Amendment No. 1, dated December 14, 2020, and this Amendment No. 2, dated December 13, 2021, as if all of those terms are fully set forth therein. Section 7. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of the Agreement, Amendment No. 1 and this Amendment No. 2, the provisions of this Amendment No. 2 shall control. [SIGNATURES CONTAINED ON FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH By: Attest: By: Jill R. Ingram, City Manager Gloria D. Harper, Qity Clerk -31 //A raig H. �ieeie, Uiry Hiiorney 12 CONSULTANT: Owen Group Limited Partnership, a Nevada Limited Partnership By: Name: Gus Guerrero Its: VP/COO, Facilities Division y: / � � &X"' � �- 41"1, Name: Richard Henrikson Its: President (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Approving and Authorizing Amendment No. 3 to the Professional Services Agreement with W.G. Zimmerman Engineering, Inc. for the OCTA 1-405 Improvement Project SUMMARY OF REQUEST: That the City Council adopt Resolution 7227: 1. Approving Amendment No. 3 to the Professional Services Agreement dated April 23, 2018, with W.G. Zimmerman Engineering, Inc. to increase compensation by $150,000 for a revised total contract not -to -exceed amount of $400,000 for additional OCTA 1-405 Improvement Project consultant services; and, 2. Authorizing the City Manager to execute Amendment No. 3. BACKGROUND AND ANALYSIS: Orange County Transportation Authority (OCTA) is constructing a $1.9 Billion 1- 405 Improvement Project (Project). The Project will provide one additional general purpose lane and two toll lanes in each direction between the northerly Orange County limits and the City of Costa Mesa. On June 27, 2016, the City Council approved Cooperative Agreement No. C-6- 1126 (CO-OP) between OCTA and the City of Seal Beach. The CO-OP outlined both parties' responsibilities and provided a financial reimbursement mechanism for staff time, consultant assistance, and certain improvements. On April 23, 2018, the City entered into a professional services agreement (Agreement) with W.G. Zimmerman Engineering, Inc. (WGZE) to provide Project support services for $50,000. This Agreement was later amended on April 22, 2019, as Amendment No. 1, to increase compensation by $100,000 for a total contract amount of $150,000. The Agreement was further amended on October 26, 2020, as Amendment No. 2 to increase compensation by $100,000 for a total amount of $250,000. Agenda Item N Due to the Project's complexity and on-going development, WGZE's compensation limit has been reached. As such, WGZE submitted a letter proposal to continue providing support services for an additional $150,000, for an amended total contract not -to -exceed amount of $400,000. The scope of services will generally include Project -related plan reviews and interagency coordination. Expenditures under this Agreement will be fully reimbursed by OCTA, as stipulated in the CO-OP. 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 W.G. Zimmerman Engineering, Inc. will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the resolution and Amendment No. 3, and approved as to form. FINANCIAL IMPACT: Pursuant to CO-OP, OCTA will fully reimburse the City for Project -related expenditures up to a total of $740,600, unless otherwise amended. There are sufficient funds in the CO-OP for expenditures under WGZE's Amendment No. 3. 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 7227: 1. Approving Amendment No. 3 to the Professional Services Agreement dated April 23, 2018, with W.G. Zimmerman Engineering, Inc. to increase compensation by $150,000 for a revised total contract not -to -exceed amount of $400,000 for additional OCTA 1-405 Improvement Project consultant services; and, Page 2 2. Authorizing the City Manager to execute Amendment No. 3. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. QSD, Associate Engineer ATTACHMENTS: A. Resolution 7227 B. WGZE Agreement C. WGZE Amendment No. 1 D. WGZE Amendment No. 2 E. WGZE Amendment No. 3 Page 3 RESOLUTION 7227 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. FOR 1-405 IMPROVEMENT PROJECT CONSULTANT SERVICES WHEREAS, Orange County Transportation Authority (OCTA), in cooperation and partnership with the California Department of Transportation (Caltrans), is proposing to reduce congestion and improve lane continuity through the 1-405 corridor with improvements to mainline and interchanges on 1-405 between State Route 73 and Interstate 605 (Project); and, WHEREAS, OCTA, in cooperation and partnership with Caltrans, entered into Cooperative Agreement No. C-6-1126 ("CO-OP"), dated June 17, 2016, defining the specific terms, conditions, and funding responsibilities between the OCTA and City of Seal Beach; and, WHEREAS, City desires to use consulting services as allowable under CO-OP to support staff's efforts in reviewing, plan checking, attending meetings and advising on the City's behalf in connection with the OCTA 1-405 Improvement Project; and, WHEREAS, on April 23, 2018, the City Council approved a Professional Services Agreement (Agreement) for OCTA 1-405 Improvement Project Consultant Services with W.G. Zimmerman Engineering, Inc. (WGZE) in the amount of $50,000; and, WHEREAS, on April 22, 2019, the City Council approved Amendment No. 1 to the Agreement to increase compensation by $100,000; and, WHEREAS, on October 26, 2020, the City Council approved Amendment No. 2 to the Agreement to increase compensation by $100,000; and, WHEREAS, due to Project complexity and on-going development, the not -to - exceed amount authorized under the Agreement with WGZE has reached its compensation limit. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 3 dated December 13, 2021 to the Agreement dated April 23, 2018, and later amended as Amendment No. 1 on April 22, 2019 and as Amendment No. 2 on October 26, 2020, between the City of Seal Beach and W.G. Zimmerman Engineering, Inc. to increase WGZE's compensation by $150,000 for a revised total contract not -to -exceed amount of $400,000. SECTION 2. The City Council hereby authorizes the City Manager to execute Amendment No. 3. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7227 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT For Consultant Services, OCTA 1-405 Freeway Improvement Project Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 2 W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington, Beach, CA 92647 (714) 799-1700 - Phone (714) 333-4712 - Fax This Professional Service Agreement ("the Agreement") is made as of April 23, 2018 (the "Effective Date"), by and between W.G. Zimmerman Engineering, Inc. ("Consultant"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional services for construction management, in the manner set forth herein and more particularly described in Section 1. B. Consultant represents that it is qualified and able, by virtue of experience, training, education, and expertise, to provide City with the services required by this Agreement in a good and professional manner, and it desires to provide such services as provided herein. The City enters into this Agreement in reliance on those representations. 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 (Consultant's Proposal, dated April 5, 2018), which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant' shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's 2 of 16 work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 1.6. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until September 30, 2019 unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B, attached hereto and incorporated herein by reference, for Services but in no event will the City pay more than $50,000 (fifty - thousand dollars). Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B. 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 all undisputed fees within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll taxes and other required taxes, or other authorized deductions from payments made to Consultant for services performed under this Agreement. Non Ia[: 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Bill Zimmerman, P.E. is the Consultant's primary representative for purposes of this Agreement. Consultant may not change its representative without prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 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 4of16 To Consultant: W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 Attn: Bill Zimmerman, P.E. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Consultant has or shall secure, at its own expense, all personnel required to perform all services under this Agreement. Any person who performs any of the services shall possess the qualifications, permits, and licenses required by state and local law to perform such services. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing 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 shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of 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, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 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. 9.2. To the fullest extent permitted by law, Consultant shall defend (with legal counsel acceptable to the City, whose consent shall not be unreasonably withheld), 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. Consultant's 5of16 defense and indemnification obligations under this Section are in addition to the Consultant's defense and indemnification obligations of Section 14.0. 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 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 Insurance 13.1. 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 M M V the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.2. 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); (3) Employer's Liability and Workers' Compensation Insurance; and, if required by the City, (4) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreementllocation or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation in the amount required by law; and (4) Professional Liability: $1,000,000 per claim/aggregate. 13.3. 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 (6) 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. 7of16 13.4. 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. 13.5. 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. 14.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and the Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of the Consultant to indemnify and protect the City and the Indemnitees, as set forth in this Agreement. 14.1 Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify 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 14.0), 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, attorneys and other professionals, and all costs associated therewith (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating 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 for 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 8of16 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. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 14.2 Other Indemnities. 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 contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 14.3 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 14.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 9of16 14.4 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 14.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 14.5 Consultant's covenants under this Section 14.0 shall survive the expiration or termination of this Agreement. 15.0 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. 16.0 Workers' Compensation 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. 17.0 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 C, attached hereto and incorporated by reference herein. 18.0 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. 10 of 16 19.0 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. 20.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 22.0 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. 23.0 Prohibited Interests; Conflict of Interest 23.1. 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. 23.2. 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. 11 of 16 23.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 24.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 25.0 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. 26.0 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. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 12 of 16 CITY OF SEAL BEACH By: u -, Qk Jill . Ingram, Cliy N t Attest: By: Rob*n Roberts, City Approved as to Foffi---,-7 ,/ By: v CraiA A tel , City Attorney CONSULTANT By: �' j J-, L "--� - /,I �/::� � � — Name: WL l I ca IV, �ir�wr�ar�aU Its: e6; 6` e,,A..� By: )"N' Name:!' I Ga"?'of 27✓nme"-7'n,�t6 Its: 9,, e-�, 41, EXHIBIT C 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 14 of 16 specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and' each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 15 of 16 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 16 of 16 A� U® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) 5/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Dealey, Renton & Associates DRA License 0020739 Santa Ana, CA 92711-0550 CONTACT NAME: Rosemary Currie PHONE FAX ac Nc Exti: 510 -272-1410 Arc No , ADDRESS: rcurrie@deals renton.Com INSURERS AFFORDING COVERAGE NAIC # License #0020739 INSURER A: Travelers Propsi Casualty Co Of Ameri 25674 EACH OCCURRENCE $ 1,000.000 INSURED WGZIMENGI INSURER B: Ar onaut Insurance Company 19801 W G Zimmerman Engineering, Inc. 17011 Beach Blvd., Ste. 1240 INSURER C INSURER D: Huntington Beach CA 92647 INSURER E : $ INSURER F: AUTOMOBILE LIABILITY XANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: 723405691 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED iO 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. !NSR LTR OF INSURANCE ADDLSUE1kJTYPE INT WVD POLICY NUMBER MMIODIYYWFF MLICYMMILDDtYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Contractual I Y Y 68071-1190372 10115/2017 10115r2018 EACH OCCURRENCE $ 1,000.000 PREMISES Ea occur! encs $ 1,000,000 MED EXP IAny one person) $ 10,000 X XCU Included PERSONAL & ADV INJURY $ 1'0i GENT AGGREGATE LIMIT APPLIES PER. POLICY JEa E1 LOC FIOTHER: GENERAL AGGREGATE $ 2,000.000 PRODUCTS -COMPtOPAGG $2,000,000 $ A AUTOMOBILE LIABILITY XANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS Y Y SA54291_431 10115!2017 10/15/2016 (CEO,aMBINED ccident SINGLE LIMIT $ a 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OGCUR EXCESS LIAB CLAIMS -MADE CUP7372Y622 10115/2017 10145/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ FOED $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILI Y I N ANY PROPRIETORlPARTNERIEXECi F --]N OFFICERIMEMBER EXCLUDED? (Mandatory In I If yes, describe under DESCRIPTION OF OPERATIONS below ! A Y U80K588642 3/112016 3!112019 X STATUTE ERH E, L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,00I E.L. DISEASE - POLICY LIMIT S 1,000,000 8 Profess onal Liability IAE10532DB 612612017 6126!2016 $2.000.000 Per Claim $2.000,000 Annual Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES tACORD 101, Additional Remarks Schedule, may be attached if more space is required) All operations of the named insured CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6807H190372 COMMERICAL GENERAL LIABILITY ISSUE DATE: 5/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S). City of Seal Beach 211 Eighth Street Seal Beach CA 90740 PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' far which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page I © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (9) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury', "property damage" or "personal injury' arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury' offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY NUMBER: BA5429L431 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identities person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 10/15/2017 Countersigned By: Named Insured:l�' W G Zimmerman Engineering, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Seal Beach 211 Eighth Street Seal Beach CA 90740 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 ;_A W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 T (714) 799-1800, F (714) 333-4712 This Amendment No. 1, dated April 22, 2019, amends that certain agreement ("Agreement') dated April 23, 2018, by and between the City of Seal Beach ("City"), a California charter city and W.G. Zimmerman Engineering, Inc. ("Consultant'), a California corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides public works inspector and support services to City. B. City and Consultant wish to amend the Agreement to extend the term through and including January 1, 2022, and to increase Consultant's compensation by $100,000 for additional services required in connection with the Project, for a revised total contract amount not to exceed $150,000, 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 2.0 (Term) of the Agreement is amended to read as follows: "2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue through and including January 1, 2022, unless previously terminated as provided by the Agreement." Section 2. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation 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 $150,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A." Section 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH By: OU2. Ingram, City a Attest: By: Gloria D. Harpe , Cit Approvetao F rm. By: A. Steele, City Attorney CONSULT T By: al--�� Name:y-1 lCc ✓�, ►vt�r-m 6: Pj e- ';�) ( A ej t5y: Name:(,/d t l kc,6. ✓,n L- Z tY)wlc�,r„�v,-,Q.� Its: (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) April 4, 2019 Stephen Myrter, P.E. Director of Public Works City of Seal Beach 2018th Street Seal Beach, CA 90740 RE: INTERSTATE 405 IMPROVEMENT PROJECT — POINT OF CONTACT (POC) AS NEEDED SERVICES Dear Mr. Myrter: We at W.G. Zimmerman Engineering are very excited to continue to assist the City of Seal Beach as the POC for the 405 Widening Project. Our serves will include the minimum Tasks below and/or as - directed by the City. 1. Attend Corridor Agencies Meeting as requested 2. Attend City meetings with OCTA 3. Conduct research as required by project 4. Prepare notes as directed by the City 5. Review Design Plan sheets and prepare comments 6. Coordinated with OCTA and City Staff resolve design issues 7. Review traffic control placed within City right-of-way 8. Attend construction meetings, field meetings, and other project meetings 9. Attend City Council meetings as directed 10. Prepare Presentations when requested. Estimated fee for these services is $100,000. The work will be as directed by the City of Seal Beach and will be time and materials Should you have any questions regarding these comments please contact me directly at 714-799-1700 ext. 100. Sincerely, W.G. Zimmerman Engineering, Inc., Bill Zimmerman. P.E., T.E., PTOE President w.u. ummerman tngmeenng, inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 (714) 799-1700 / (714) 333-4712 Fax A� " CERTIFICATE OF LIABILITY INSURANCE TE (MMIDD) DA 3/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Dealey, Renton & Associates Po Box. 12675LAIC,No CONTACT NAME: .lames Grltton PHONE FAX IC No): 510-452-2193 Ext : 714-427-3489 A1C, Oakland, CA 94604 ADDRESS: jgdfton@dealeyrenton.com License #0020739 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Co of Anted 25674 DAMAGE To RENTED PREMISES Ea occurrence $1,000,000 INSURED WGZIMENGI W G Zimmerman Engineering, Inc. 17011 Beach Blvd., Ste. 1240 INSURER B: Argonaut Insurance Company 19801 INSURER C: INSURER D: Huntington Beach CA 92647 INSURER E: I $ INSURER F: AUTOMOBILE IXANY COVERAGES CERTIFICATE NUMBER: 16R35647n7 RFVISInN Nt1MRFR- 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. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDS MM DCY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR X • Contractual Liab Y Y I 6807H190372 10/15/2018 10/15/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 XI XCU Included PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 JECOT- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE IXANY LIABILITY AUTO ALL OWNED SCHEDULED AUTOSAUTOS HIRED AUTOS X NON -OWNED AUTOS Y Y j BA6429L431 10/15/2018 j 10115/2019 COMBINED SINGLE LIMIT Ea accident) ccident $1.000.000 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE CUP7372Y622 10/15/2018 10115/2019 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X I RETENTION $ n$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y UBOK588642 3/1/1019 3/1/2020 X PER OTH- STATUTE ER E EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liability 121AEOD0113900 6/26/2018 6/2612019 $2,000,000 Per Claim $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All operations of the named insured CERTIFICATE HOLDER CANCFLLATION 3n nav Nntirp of ranrpllatinn ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6807H190372 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 3/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68071-1190372 ISSUED DATE: 3/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you agree in a written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER 6807H190372 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 3/11/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 6807H190372 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contract or agreement that the insurance afforded to an addi- tional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an 'occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that con- tract or agreement by you. CG D4 25 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 TRAVELERS/ J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: UBOK588642 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization ALL PERSONS OR ORGANIZATIONS THAT REQUIRES YOU TO OBTAIN EXECUTED THE CONTRACT BEFORE DATE OF ISSUE: 3/11/2019 017106 Schedule Job Description THAT ARE PARTIE TO A CONTRACT THIS AGREEMENT, PROVIDED YOU THE LOSS. ST ASSIGN: CA POLICY NUMBER: BA54291-431 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: W G Zimmerman Enqineerinq, Inc. Endorsement Effective Date: 10/15/2018 SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 C Insurance Services Office, Inc., 2011 Page 1 of 1 W. G. ZIMMERMAN ENGINEERING, INC. Billing Rate Schedule 2019 Classification Rate Principal $ 220.00/Hr Registered Traffic Engineer $ 220.00/Hr Senior Project Manager (Registered) $ 215.00/Hr Project Manager (Registered) $ 195.00/Hr Senior Project Engineer (Registered) $ 190.00/Hr Project Engineer $ 155.00/Hr Senior Associate Engineer $ 130.00/Hr Senior Design Engineer $ 125.00/Hr Design Engineer $ 115.00/Hr CADD Manager/Senior Designer $ 107.00/Hr Microstation CADD/Technician $ 115.00/Hr Administration/Office Support $ 80.00/Hr Non -Labor Expenses Mileage (local) Federal Rate¢ per Mile Printing Cost plus 5% Reproduction (Blue lines) Cost plus 5% Other Expenses (such as sub -consultants, outside services or special equipment needs) Cost plus 5% AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 A W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 T (714) 799-1800, F (714) 333-4712 This Amendment No. 2 ("Second Amendment"), dated October 26, 2020, amends that certain agreement ("Agreement") dated April 23, 2018, and Amendment No. 1 dated April 22, 2019 ("First Amendment") by and between the City of Seal Beach ("City"), a California charter city and W.G. Zimmerman Engineering, Inc. ("Consultant"), a California corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides public works support services to City. B. Amendment No. 1 provides for a term extension through January 1, 2022 for additional compensation in the amount of $100,000, for a revised total contract amount not to exceed $150,000. C. City and Consultant wish to amend the Agreement a second time to extend the term through and including January 1, 2023, and to increase Consultant's compensation by $100,000 for additional services required in connection with the Project, for a revised total contract amount not to exceed $250,000, as provided herein. AMENDMENT NO.2 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 2.0 (Term) of the Agreement is amended to read as follows: "2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue through and including January 1, 2023, unless previously terminated as provided by the Agreement." Section 2. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation 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 $250,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A." Section 3. Except as expressly modified or supplemented by this Second Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement or the First Amendment, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed and attested by their proper officers thereunto: CITY OF SEAL BE CONSULTANT By: y: Jil . Ingram, City Manad4 ... Name: Attest: Its: By. c c� �c enl loria D. Harp , City' By: Approved Fo 5 r + Name: l�-1 Ll 11�u �il/1il�IPrm� By: ig . Steele, City Attorney Its: (Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) A� a CERTIFICATE OF LIABILITY INSURANCE DAT;o/21" o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates 600 Anton Blvd., #100 CONTACT NAMIETina Norman PHONE FAX N : 714-427-3485 AIC No): 714 427-6818 Costa Mesa CA 92626 ADDRESS: certificates@dealeyrenton.com INSURER(S) AFFORDING COVERAGE I I MAIC # 6807H190372 INSURER A: Argonaut Insurance Company 19801 License#: 0020739 INSURED WGZIMME-01 W G Zimmerman Engineering, Inc. 17011 Beach Blvd., Ste. 1240 INSURER B: Travelers Property Casualty Company of America 25674 INSURER C: The Travelers Indemnity Company of Connecticut 1 25682 INSURERD: Huntington Beach CA 92647 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 2Rn44S716 RFVI-ginN NH URFR- 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF MM/D POLICYEXP MM LIMITS B MERCIAL GENERAL LIABILITY CLAIMS-MADE�xl OCCUR 7X,0--, Y Y 6807H190372 10/15/2020 10/15/2021 EACH OCCURRENCE $ 1,000,000 DAMA E T RENTED PREMISES Ea occurrence$1,000,000 tractual Liab MED EXPone An ( y person) $10,000 Included PERSONAL& ADV INJURY $1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY [ X] jECOT- I X1 LOC GENERAL AGGREGATE $ 2,000,000 ( I I PRODUCTS -COMP/OPAGG $2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y Y BA54291-431 10/15/2020 10/15/2021 j BINEDDccitSINGLE LIMIT $1,000,000 EO X ANY AUTOi i i BODILY INJURY (Per person) $ OWNED , SCHEDULED AUTOS ONLYAUTOS I l BODILY INJURY (Per accident)! $ I X HIRED X NON-OWNEDI AUTOS ONLY AUTOS ONLY I PROPERTY DAMAGE $ Per accident $ I i B X UMBRELLALIAB X OCCUR Y I Y CUP7372Y622 10/15/2020 10/15/2021 EACH OCCURRENCE $4,000,000 AGGREGATE ' $4,000,000 EXCESS LIAB CLAIMS -MADE li DED 1 X I RETENTION $ ' $ l B WORKERS COMPENSATAND EMPLOYERS' LIABILITYYIN ANYPROPRIETOWPARTNER/EXECUTIVE [--]NIA OFFICER/MEMBER EXCLUDED? I i UBOK588642 3/1/2020 3/1/2021 X STATUTE I ERH E . EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE' $ 1,000,000 'if (Mandatory in NH) yes, describe under i DISEASE -POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS belowE.L. A ProfessionalLiability Gaims Made 121AE000113902 6/26/2020 1 l 6/26/2021 Per Claim $2,000,000 Annual Aggregate $2,000.000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow -form underlying General Liability/Auto Liability/Employers Liability. All operations of the named insured GEK I ItIGATE HOLDER RANr`ITI I ATInkiZn rin i Krol{ e f rH ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 Eighth Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BA5429L431 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION 11 — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. NAMED INSURED: W G Zimmerman Engineering, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE POLICY NUMBER: 68071-1190372 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Page 1 POLICY NUMBER: 68071-1190372 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 10/2/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that 'additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6807H190372 ISSUED DATE: 10/2/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for "bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. All work, including materials, parts or equip - 1. Your acts or omissions; or ment furnished in connection with such work, on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- in the performance of your ongoing operations for tion of the covered operations has been com- the additional insured(s) at the location(s) desig- pleted; or nated above. 2. That portion of "your work" out of which the B. With respect to the insurance afforded to these injury or damage arises has been put to its in - additional insureds, the following additional exclu- tended use by any person or organization sions apply: other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 6103 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 L0 W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 T (714) 799-1800, F (714) 333-4712 This Amendment No. 3 ("Third Amendment"), dated December 13, 2021, amends that certain agreement ("Agreement") dated April 23, 2018, Amendment No. 1 dated April 22, 2019 ("First Amendment") and Amendment No. 2 dated October 26, 2020 ("Second Amendment") by and between the City of Seal Beach ("City"), a California charter city and W.G. Zimmerman Engineering, Inc. ("Consultant"), a California corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides public works support services to City. B. The First Amendment provides for a term extension through January 1, 2022 for additional compensation in the amount of $100,000, for a revised total contract amount not to exceed $150,000. C. The Second Amendment provides for a term extension through and including January 1, 2023, and an increase in Consultant's compensation by $100,000 for additional services required in connection with the Project, for a revised total contract amount not to exceed $250,000. D. City and Consultant wish to amend the Agreement a third time to extend the term through and including June 30, 2025, and to increase Consultant's compensation by $150,000 for additional services required in connection with the Project, for a revised total contract amount not to exceed $400,000, as provided herein. AMENDMENT NO. 3 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. Subsection 1.1 of Section 1.0 (Scope of Services) of the Agreement is 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 Letter Proposal, dated November 1, 2021), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1, and this Agreement, as amended by the First Amendment, Second Amendment and Third Amendment, this Agreement shall control." Section 2. Section 2.0 (Term) of the Agreement is amended to read as follows: "2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue through and including June 30, 2025, unless previously terminated as provided by the Agreement." Section 3. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended to read as follows: "3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A and Exhibit A-1 for Services but in no event will the City pay more than a total of $400,000. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A and Exhibit A-1." Section 4. Section 27.0 (Non -Appropriation of Funds) is hereby added to the Agreement to read as follows: "27.0 Non -Appropriation of Funds. Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year." Section 5. Section 28 (Safety Requirements) is hereby added to the Agreement to read as follows: "28. Safety Requirements. In addition to all other requirements of the Agreement, all Services 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 and other applicable local, state and federal laws, industry safety orders and/or health orders. Consultant's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant's performance of the Services. 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 Consultant." Section 6. All references to the term "Agreement" throughout Sections 1.0 through 28.0, inclusive, of the Agreement are hereby modified to include the Agreement dated April 23, 2018, the First Amendment, the Second Amendment, and this Third Amendment, as if all of those terms are fully set forth therein. Section 7. Except as expressly modified or supplemented by this Third Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Third Amendment and the provisions of the Agreement, the First Amendment, or the Second Amendment, the provisions of this Third Amendment shall control. Section 8. The persons executing this Third Amendment on behalf of Consultant warrants that he or she is each duly authorized to execute this Third Amendment on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Third Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH M Jill R. Ingram, City Manager Attest: By: Gloria D. Harper, City Clerk Approved as or By - g . Steele, City Attorney CON'S, Uf LTANT By: W Name: William G. Zimmerman Its: President By: _-L Name: William G. Zimmerman Its- Secretary (Please note, two signatures required for corporations under Corp Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation ) November 1, 2021 Steve Myrter, P.E. Director of Public Works City of Seal Beach 2118th Street Seal Beach, CA 90740 Re: INTERSTATE 405 IMPROVEMENT PROJECT — POINT OF CONTACT (POC) AS NEEDED SERVICES Dear Mr. Myrter: We at W.G. Zimmerman Engineering Inc., are very excited to continue to assist the City of Seal Beach as the POC for the 405 Widening Project. Our services will include the minimum Tasks below and/or as directed by the City. 1. Attend Corridor Agencies Meeting as requested 2. Attend City Meetings with OCTA 3. Conduct research as required by the project 4. Prepare notes as directed by the City 5. Review Design Plan sheets and prepare comments 6. Coordinate with OCTA and City Staff to resolve design issues 7. Preview traffic control placed within City right-of-way 8. Attend construction meetings, field reviews, and other project meetings 9. Attend City Council meetings as directed 10. Prepare presentation when requests. Estimated fee for these services is $150,000. The work will be as directed by the City of Seal Beach and will be time and material basis. We look forward to working with the City on this important project. If you have any questions, please do not hesitate to contact me at 714.412-1597. Respectfully submitted, W.G. Zimmerman Engineering, Inc., Bill Zimmerman. P.E., T.E., PTOE President W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Suite 1240 Huntington Beach, CA 92647 (714) 799 -1700 / (714) 799 -1701 Fax U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Resolution Certifying that the City of Seal Beach has the Resources to Fund the Projects in the FY 2022/23 — 2027/28 Transportation Improvement Program and Affirming its Commitment to Implement all Projects in the Program SUMMARY OF REQUEST: That the City Council adopt Resolution 7228 certifying that the City of Seal Beach has the resources to fund the projects in the FY 2022/23 — 2027/28 Transportation Improvement Program and affirming its commitment to all projects in the Program. BACKGROUND AND ANALYSIS: The Federal Transportation Improvement Program (FTIP) is the primary means of implementing the Regional Transportation Plan (RTP) though the Orange County Transportation Authority (OCTA) and includes regionally significant projects funded with State and Federal funds. The RTP is a long-range transportation plan that provides a vision for transportation investments throughout the region, and is updated by the Southern California Association of Governments (SCAG) every two years. As part of the 2023 FTIP update, OCTA is requiring local jurisdictions to adopt a resolution affirming the City's intent to allocate resources to fund the matching portion of the adopted projects. While the City does not currently have an approved project listed, it is anticipated that the City will be submitting a project under the Pavement Management Relief Funding (PMRF) Program. PMRF directs a portion of the Coronavirus Response and Relief Supplement Appropriation Act fund to local agencies for eligible street and roadway rehabilitation and maintenance projects. As PMRF is federally funded, the adoption of Resolution 7228 will allow for future projects to be programed into the 2023 FTIP at a later date. A separate item will be brought forth to the City Council recommending approval of the PMRF application and proposed use. Agenda Item 0 ENVIRONMENTAL IMPACT: The recommended action is a continuing administrative activity that is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: There are no financial impacts associated with the resolution adoption 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 7228 certifying that the City of Seal Beach has the resources to fund the projects in the FY 2022/23 — 2027/28 Transportation Improvement Program and affirming its commitment to all projects in the Program. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7228 Page 2 RESOLUTION 7228 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL WHICH CERTIFIES THAT THE CITY OF SEAL BEACH HAS THE RESOURCES TO FUND THE PROJECTS IN THE FY 2022/23 - 2027/28 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM WHEREAS, the City of Seal Beach ("City") is located within the metropolitan planning boundaries of the Southern California Association of Governments; and, WHEREAS, the City Council has authorized project submittals to Orange County Transportation Authority's (OCTA) Federal Transportation Improvement Program (FTIP); and, WHEREAS, City is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America; and, WHEREAS, City agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1: The City Council hereby affirms the City's commitment to the projects submitted in the 2023 Federal Transportation Improvement Program. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: F-10:111111111111110i61.Pi ILYA[ai11ST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7228 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Resolution Supporting Federal PFAS Legislation that Protects Ratepayers and Water Wastewater Agencies SUMMARY OF REQUEST: That the City Council: 1. Adopt Resolution 7229 supporting federal PFAS legislation that protects ratepayers and water and wastewater agencies; and, 2. Authorize the City Council to issue letters advocating for critical PFAS policy priorities to the Orange County U.S. House of Representatives delegation and to California's U.S. Senatorial Delegation. BACKGROUND AND ANALYSIS: The Orange County Water District (OCWD, the District) manages the Orange County Groundwater Basin that supplies 77% of the water supply to 2.5 million people in north and central Orange County. PFAS have been detected in the Basin, entering primarily via the Santa Ana River whose flows infiltrate into and recharge the Basin. Although chemical manufacturers are the original source of PFAS chemicals, cities and water agencies must find ways to remove PFAS chemicals from local water supplies. PFAS impacts to Orange County are estimated to cost more than $1 billion, over 30 years—a cost that will likely increase. OCWD supports federal legislation that protects ratepayers and water/wastewater agencies from these devasting impacts and urges Congress to cast votes that support these public policy positions. OCWD closely monitors potential PFAS legislation and encourages its member agencies, such as the City of Seal Beach, to advocate for critical PFAS policy priorities including: 1) All PFAS-related legislation must exempt water and water agencies from any liability for PFAS clean-up costs; 2) All legislative efforts to amend the Safe Drinking Water Act must preserve the current use of cost -benefit analysis in the development of drinking water standards; and 3) Provide funding for PFAS remediation to water and wastewater agencies. Agenda Item P Staff recommends adoption of the attached resolution to assist OCWD in communicating its position on these important public policy matters to stakeholders and legislators, which also supplements existing OCWD materials on this issue. Attachment B is an OCWD factsheets that highlight the risk to water agencies and ratepayers in the pending PFAS legislation. In addition, OCWD is requesting that the City Council send the attached letters advocating for critical PFAS policy priorities to the Orange County U.S. House of Representatives delegation and to California's U.S. Senatorial Delegation. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the approval of this resolution will not have an effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: There is no fiscal impact related to 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. RECOMMENDATION: That the City Council: 1. Adopt Resolution 7229 supporting federal PFAS legislation that protects ratepayers and water and wastewater agencies; and, 2. Authorize the City Council to issue letters advocating for critical PFAS policy priorities to the Orange County U.S. House of Representatives delegation and to California's U.S. Senatorial Delegation. Page 2 SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7229 supporting federal PFAS legislation that protects ratepayers and water and wastewater agencies B. OCWD factsheets: Federal Legislative Priorities and Federal Legislative Briefing — Ratepayers at Risk from Pending PFAS Legislation C. Draft letters advocating for critical PFAS policy priorities to the Orange County U.S. House of Representatives delegation and to California's U.S. Senators Page 3 RESOLUTION 7229 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES WHEREAS, PFAS are a group of man-made chemicals developed by chemical manufacturers that would otherwise not exist naturally and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies; and, WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County communities more than $1 billion, over 30 years—a cost that will likely increase; and, WHEREAS, Ratepayers are at risk from pending PFAS legislation and associated PFAS costs and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts; and, WHEREAS, All PFAS related legislation must exempt water and wastewater agencies from any liability for PFAS cleanup costs; and, WHEREAS, A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup; and, WHEREAS, Given the potential for federal legislation, such as the PFAS Action Act of 2021 (H.R. 2467), to expose water agencies, that simply receive and treat water supplies, with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies; and, WHEREAS, Under existing law, the USEPA (Safe Drinking Water Act), ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards; and, WHEREAS, Amendments to the Safe Drinking Water Act should not delete the longstanding cost -benefit analysis; and, WHEREAS, The City of Seal Beach supports providing direct grant funding for PFAS remediation to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684); and, FURTHERMORE, we call upon the Orange County Congressional Delegation and California Senatorial Delegation to cast votes implementing these public policy positions. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the Seal Beach City Council hereby supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers. Section 2. That the Seal Beach City Council call upon the Orange County U.S Congressional Delegation and California U.S. Senatorial Delegation to cast votes implementing these public policy positions. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7229 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk • C The Orange County Water District (OCWD) manages the Orange County Groundwater Basin that supplies 77% of the water supply to 2.5 million people in north and central Orange County. PFAS have been detected in the Basin, entering primarily via the Santa Ana River whose flows infiltrate into and recharge the Basin. Although chemical manufacturers are the original source of PFAS chemicals, ratepayers are now at risk from pending PFAS legislation. OCWD closely monitors PFAS legislation and encourages water agencies and stakeholders to take action by contacting your legislators to advocate for the following priorities: 1 All PFAS related legislation must exempt water and wastewater agencies from any liability for PFAS clean-up costs. Oppose designation of PFAS family of chemicals and other constituents of emerging concern as hazardous substances under the nation's hazardous waste site cleanup law CERCLA (Superfund) unless public water agencies are exempted from liability for cleanups of such contamination. The PFAS Action Act of 2021 (H.R. 2467) would expose water agencies with across-the-board liability for PFAS-related cleanup that simply receive and treat water supplies and have no responsibility for the presence of PFAS. OCWD requests an explicit exemption, under any federal PFAS legislation, from Superfund clean-up liability; like the exemption the nation's airports enjoy. A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS clean-up. Per- and polyfluoroalkyl substances (PFAS) are a group of thousands of chemicals that are used to make carpets, clothing, fabrics for furniture, food packaging, cookware, and other materials to make them non-stick and/or resistant to water, oil, and stains. They are also used in a number of industrial processes and firefighting activities. 2 All legislative efforts to amend the Safe Drinking Water Act must include the current use of cost -benefit analysis in the development of drinking water standards, including: 1) Assistance, Quality, and Affordability Act of 2021 (H.R. 3291) and 2) PFAS Action Act of 2021 (H.R. 2467). Under existing law, USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur. Eliminating the current cost -benefit analysis in the development of drinking water standards will burden ratepayers of all income levels with astronomical costs to comply with drinking water standards that far exceed public health benefits. 3 Provide funding for PFAS remediation to water and wastewater agencies. Provide direct grant funding to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684). Grants would support the treatment of emerging contaminants and provide assistance to develop and implement local source control programs to reduce PFAS discharges into treatment works. As passed by the Senate, H.R. 3684 would provide a total of $10 billion for these activities over FYs 2022-2026. 0 • a The Orange County Water District manages the Orange County Groundwater Basin that supplies 77% of the water supply to 2.5 million people in north and central Orange County. Below are the District's top policy priorities for 2021. 1 Preserve the Safe Drinking Water Act's use of cost -benefit analysis in the development of drinking water standards such as PFAS family of chemicals and other constituents of emerging concern. Oppose all legislative efforts to amend the Safe Drinking Water Act regarding the use of cost -benefit analysis in the development of drinking water standards, including: 1) Assistance, Quality, and Affordability Act of 2021 (H.R. 3291) and 2) PFAS Action Act of 2021 (H.R. 2467). Under existing law, USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur. Eliminating the current cost -benefit analysis in the development of drinking water standards will burden ratepayers of all income levels with astronomical costs to comply with drinking water standards that far exceed public health benefits. 2 Exempt water and wastewater agencies from any liability for PFAS clean-up costs. Oppose designation of PFAS family of chemicals and other constituents of emerging concern as hazardous substances under the nation's hazardous waste site cleanup law CERCLA (Superfund) unless public water agencies are exempted from liability for cleanups of such contamination. The PFAS Action Act of 2021 (H.R. 2467) would expose water agencies with across-the-board liability for PFAS-related cleanup that simply receive and treat water supplies and have no responsibility for the presence of PFAS. OCWD requests that you secure an explicit exemption, under any federal PFAS legislation, from Superfund clean-up liability; like the exemption the nation's airports enjoy. A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS clean-up. 3 Provide funding for PFAS remediation to water and wastewater agencieAs Provide direct grant funding to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684). Grants would support the treatment of emerging contaminants and provide assistance to develop and implement local source control programs to reduce PFAS discharges into treatment works. As passed by the Senate, H.R. 3684 would provide a total of $10 billion for these activities over FYs 2022-2026. 4 Prioritize funding to construct large scale water supply facilities to support urban and agricultural needs which otherwise would not be constructed without such funding. Examples of these type of projects should include above and below ground storage of surface and storm water, water reuse, brackish water, and seawater desalination. Local, state and federal officials should collaborate on projects and prioritize the necessary funding. Use of such funds for environmental restoration should be for project impact mitigation and funds for environmental improvements should be classified under their own category. December 13, 2021 The Honorable Congressman Correa 2301 Rayburn House Office Building Washington, D.C. 20515 The Honorable Congressman Lowenthal 108 Cannon House Office Building Washington, D.C. 20515 The Honorable Congresswoman Steel 1113 Longworth House Office Building Washington, D.C. 20515 The Honorable Congresswoman Kim 1306 Longworth House Office Building Washington, D.C. 20515 The Honorable Congresswoman Porter 1117 Longworth House Office Building Washington, D.C. 20515 Dear Representatives Correa, Kim, Lowenthal, Porter, and Steel: Orange County is a national leader in water recycling with the Groundwater Replenishment System, storm water capture behind Prado Dam and most recently regarding extraction of PFAS from our drinking water. These landmark projects are environmentally superior and have saved Orange County ratepayers billions of dollars from not purchasing expensive, imported water. It has come to my attention that proposed federal legislation, PFAS Action Act of 2021 (H.R. 2467), would attach CERCLA liability to the Orange County Water District (OCWD) as it removes PFAS from drinking water. OCWD has no responsibility for the presence of PFAS and the concept of imposing CERCLA liability on water districts runs contrary to the "Polluter Pays" public policy. I respectfully request that you assist OCWD's efforts in garnering an exemption from CERCLA liability for water districts as they properly remove PFAS from drinking water. Additionally, the House -approved Infrastructure Act (H.R. 3684) unfortunately included a section that amends the Safe Drinking Water Act to delete the longstanding cost -benefit analysis in the development of new drinking water standards. Under current law, the US -EPA ensures that public health benefits of new drinking water standards are balanced with the compliance costs that water system ratepayers will ultimately incur. Eliminating the cost -benefit analysis would potentially subject ratepayers of all income levels to higher costs. Please support the efforts of OCWD to maintain the cost -benefit analysis in the Safe Water Drinking Act. Sincerely, CITY OF SEAL BEACH Joe Kalmick, Mayor CITY HALL 211 EIGHTH STREET SEAL BFACH, CALIFORNIA 90740 (562)431-2527 •www.sealbeachca.gov December 13, 2021 The Honorable Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington D.C. 20510 Dear Senator Feinstein and Senator Padilla: The Honorable Senator Alex Padilla United States Senate 112 Hart Senate Office Building Washington D.C. 20510 PFAS are a group of man-made chemicals created by chemical manufacturers and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies, find alternative water supply, and conduct expensive monitoring. PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District (OCWD), and are estimated to cost Orange County communities more than $1 billion, over 30 years—a cost that could increase. Complicating this cleanup burden, ratepayers are at additional risk from pending PFAS legislation that would effectively abandon the polluter pays principal and create a new separate drinking water standard setting process for PFAS chemicals. I ask as you consider legislation to address PFAS and other contaminants of emerging concern, that you ensure such legislation provides an explicit exemption from liability for water and wastewater agencies related to PFAS cleanup costs. A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup. We are especially concerned that the House has approved the PFAS Action Act of 2021 (H.R. 2467). This bill creates liability for water agencies that simply receive and treat water supplies with across-the-board CERCLA liability for PFAS-related cleanups. It is vital that you secure an exemption for these agencies from CERLA liability no less than that provided to our nation's airports. Water agencies have no responsibility for the presence of PFAS and the concept of imposing CERCLA liability is bad public policy. Also, under existing law, the USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with higher costs to comply with drinking water standards. Amendments to the Safe Drinking Water Act should not delete the longstanding cost -benefit analysis. Finally, I support providing direct grant funding for PFAS remediation to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684). I call upon California's Senators to cast votes implementing these public policy positions. If I can provide any further information or assistance, please contact me at City of Seal Beach. Sincerely, CITY OF SEAL BEACH Joe Kalmick, Mayor cc: Seal Beach City Council OCWD Board President Steve Sheldon U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: December 13, 2021 TO: Honorable Mayor and City Council FROM: Craig A. Steele, City Attorney SUBJECT: Approve the City's Participation in National Litigation Settlement Agreements with Opioid Manufacturers and Distributors, Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, Authorize Entry into the Memorandum of Understanding with the Attorney General, and Authorize the City Manager to Take All Actions Necessary to Implement the Settlement Agreements; Adopt Resolution 7230 SUMMARY OF REQUEST: That the City Council consider whether to approve the City's participation in the national settlement of lawsuits against opioid manufacturers and distributors for the impacts of the opioid addiction crisis. BACKGROUND AND ANALYSIS: Between 2017 and 2020, the State of California, 51 of 58 California counties and approximately 28 California cities filed lawsuits against opioid manufacturers and distributors seeking to abate the opioid crisis. Similar lawsuits were filed by almost all states and many cities and local governments within those states. These lawsuits were consolidated into one lawsuit in the Federal Court for the Northern District of Ohio. That Court then converted the consolidated lawsuits into a class action lawsuit with the Plaintiffs' Class consisting of all states and local governments in the United States. As a result, the City of Seal Beach is a Plaintiff in these lawsuits although the City is not required to pay any attorney fees or litigation costs. The Court appointed a group of 30 attorneys representing state, county and city governments to serve as the Plaintiffs' Executive Committee to control the litigation on behalf of the Plaintiffs and, if possible, negotiate a settlement. Nationwide settlements have been proposed to resolve all Opioids Litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen ("Distributors"), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, "J&J"). These settlements will provide substantial funds to states and cities for abatement of the opioid epidemic across Agenda Item Q the country and will impose transformative changes in the way the settling defendants conduct their business. Assuming 100% participation by California cities and counties, and based on the allocation formula, Seal Beach could receive up to $252,000 from the Distributors settlement and $59,220 from the J&J settlement, for a total of $311,220. The Distributors settlement amounts would be paid over 18 years and the J&J settlement amount would be paid over 9 years. The deadline for the City Council to approve participating in settlement agreements is January 2, 2022. Basic Settlement Terms • Distributors will pay a maximum of $21 billion over 18 years. • J&J will pay a maximum of $5 billion over no more than nine years. • Of this potential $26 billion, approximately $22.8 billion in settlement proceeds will be payable to state and local subdivisions. • Based on the allocations formula for the States, the maximum amount California will receive will be approximately $2,263,923,602 with $339,538,340 being retained by the State and $1,924,335,342 being allocated to counties and cities within the State. • The settlement proceeds to be paid to the states and local political subdivisions will be in proportion to the number of states and local political subdivisions that approve the Settlements. • Based on the allocation formula for cities, Seal Beach could receive $311,220 depending on whether there is 100% participation from cities and counties. • Of the funds going directly to participating states and subdivisions, at least 85% must be used for abatement of the opioid epidemic. • The settlements allow for a broad range of approved uses by state and local governments to abate the opioid epidemic. A list of approved uses is found at Exhibit E of the Master Settlement Agreements, attached as an exhibit to this report. The City may choose not to undertake the approved uses and could later designate its funds to go to Orange County for Countywide efforts. The City does not have to make that election now. • The Agreements also provide for injunctive relief that requires the following important changes to the Distributors' and J&J's conduct to better protect our nation's health and welfare: 1. Creation of a groundbreaking clearinghouse through which the Distributors will be required to account not only for their own Page 2 shipments, but also the shipments of the other distributors, in order to detect, stop, and report suspicious Opioids orders. 2. J&J (which ceased marketing Opioids in 2015 and ceased selling Opioids in 2020) will not market or sell any Opioid products in the next ten years and has agreed to cease lobbying concerning prescription opioids for ten years. 3. J&J also has agreed to make the clinical trial data for its discontinued Opioids available for medical research. California Allocation Terms The National Settlements allot a certain amount of money to California to be allocated between the State and local governments. That amount is divided between State and California local governments by agreement (the "Allocation Agreements"). The Allocation Agreements split the dollars coming into California as follows: 1. 15% to a State Fund; 2. 70% to local governments in an Abatement Accounts Fund; and 3. 15% to litigating local governments in a Subdivision Fund. Cities and counties must be aware that the Settlement Agreements and the Allocation Agreements require that the money in the Abatement Accounts Fund must be spent on remediation with no less than 50% of each local government's allocation in each calendar year spent on one or more of the following High Impact Abatement Activities: 1. The provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; 2. Creating new or expanded Substance Use Disorder ("SUD") treatment infrastructure; 3. Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; 4. Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non -sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or 5. Interventions to prevent drug addiction in vulnerable youth. Page 3 A city that is an Eligible Local Government will be allocated its Local Allocation only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. The State agreements are available online at https://oag.ca.gov/opioids. So Seal Beach must approve the Settlements to be eligible to receive funds, and to avoid having the City's share go to the State. If the City wishes, it can elect a direct payment. It must then follow the use and reporting requirements in the Allocation Agreements and Settlement Agreements. Otherwise, the City can direct that its payment go to Orange County for Countywide activities. ANALYSIS There are a number of good reasons for the City to agree to the settlements prior to the January 2, 2022 deadline: • This proposal is a product of years of litigation and years of settlement negotiations. • Negotiators have put forward this deal because they believe it is the possible best deal. • Money is critical to addressing the opioid epidemic at this time. • Litigation has real risk. • Further insolvencies and bankruptcies of defendants are a real risk. • Even if the City does not want to handle the reporting requirements or the use requirements in the settlement, by the City signing on the County in which a City is located would receive the money to combat the opioid epidemic, thereby benefitting that City's region. If the City does not sign on to these settlements, the City's share of settlement proceeds would go to the State of California, and could be spent anywhere in the State. After joining the settlements, the City may decide that it does not want, or is not able, to meet the use requirements over time. At that point the City may opt to have Orange County receive the funds. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney prepared this report, and recommends that the City Council consider and approve the City's participation in the settlement agreements. Page 4 FINANCIAL IMPACT: The City stands to receive approximately $311,220 in settlement funds over time. Those funds must be used for approved purposes and are subject to reporting requirements. The City could choose to designate Orange County to receive its share of the funds for use in the County. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: The City Attorney recommends that the City Council approve the City's participation in national litigation settlement agreements with opioid manufacturers and distributors, agree to the terms of the Memorandum of Understanding allocating settlement proceeds, authorize entry into the Memorandum of Understanding with the Attorney General, and authorize the City Manager to take all actions necessary to implement the settlement agreements, by adopting Resolution 7230. SUBMITTED BY: Craig A. Steele Craig A. Steele, City Attorney ATTACHMENTS: A. Resolution 7230 B. Exhibit E - List of Opioid Remediation Uses Page 5 RESOLUTION 7230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY TO ENTER INTO SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICALS, INC., AGREEING TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING ALLOCATING SETTLEMENT PROCEEDS, AUTHORIZING ENTRY INTO THE MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY GENERAL, AND AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE SETTLEMENTS WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California local governments spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, since 2017, state and local governments in California and around the United States have been pursuing litigation against certain manufacturers, distributors, and retailers of opioid pharmaceuticals (the "Opioid Defendants") in an effort to hold the Opioid Defendants financially responsible for the impact of the Opioid Epidemic on the City of Seal Beach ("the City") and resources necessary to combat the opioid epidemic; and, WHEREAS, negotiations to settle claims against several of the Opioid Defendants, specifically McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho -McNeil -Janssen Pharmaceuticals, Inc., and Janssen Pharmaceuticals, Inc. (the "Settling Defendants") have been ongoing for several years; and, WHEREAS, negotiations with the Settling Defendants have resulted in proposed nationwide settlements of state and local government claims to settle the Litigation; and, WHEREAS, the terms of the proposed nationwide settlements have been set forth in the Distributors Master Settlement Agreement and the J&J Master Settlement Agreement (collectively "Settlement Agreements") are available for review on-line at https://nationalopioidsettlement.com/; and, WHEREAS, copies of the Settlement Agreements as well as summary of the main terms of the Settlement Agreements, the deadlines for submitting the Participation Agreements to the Settlement Agreements and the MDL Court's Order setting deadlines for any Plaintiff who declines to enter into the Settlement Agreements; and, WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements ("California Opioid Funds"); and, WHEREAS, California local governments as well as the attorneys representing those local governments have engaged in extensive discussions with the State Attorney General's Office ("AGO") as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement and the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement (collectively the "Allocation Agreements,") which are agreements between all of the entities identified in the Allocation Agreements; and, WHEREAS, copies of the State Allocation Agreements are available online at https://oag.ca.gov/opioids; and, WHEREAS, the Allocation Agreements propose to allocate the California Opioid Funds as follows: 15% to a State Fund; 70% to local governments in an Abatement Accounts Fund; and, 15% to litigating local governments in a Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements will be combined pursuant to Allocation Agreements, and 15% of that total shall be allocated to the State of California (the "State of California Allocation"), 70% to the California Abatement Accounts Fund ("CA Abatement Accounts Fund Allocation"), and 15% to the California Subdivision Fund ("CA Subdivision Fund Allocation"); and, WHEREAS, the funds in the CA Abatement Accounts Fund (the California Abatement Accounts Fund Allocation) will be allocated based on an allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804). The percentage from the CA Abatement Accounts Fund allocated to each eligible local government (any county or city above 10,000 in population) ("Eligible Local Government") is set forth in Appendix 1 to each Allocation Agreement and provided to the Council with this Resolution. The City's share of the CA Abatement Accounts Fund is a product of the total in the CA Abatement Accounts Fund multiplied by the City's percentage set forth in Appendix 1 (the "Local Allocation"); and, WHEREAS, any city that is an Eligible Local Government will be allocated its Local Allocation share only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements. The Local Allocation share for a city that is a Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date as defined in the Settlement Agreements. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby approves and authorizes the City Manager to settle and release the City's claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements and Allocation Agreements including taking the following measures: A. The execution on behalf of the City of the Participation Agreement to the Distributors Settlement Agreement and any and all documents ancillary thereto. B. The execution on behalf of the City of the Participation Agreement to the Janssen Settlement Agreement and any and all documents ancillary thereto. C. The execution on behalf of the City of the Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds -Distributor Settlement. D. The execution on behalf of the City of the Proposed California State - Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement Allocation Agreements. SECTION 2. The City Manager shall have authority to, and is directed to, take all actions necessary on behalf of the City to implement and effectuate the agreements approved by this Resolution in consultation with the City Attorney. SECTION 3. All actions heretofore taken by the Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. 3 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members - 0 to] embers: Oto] •11111111111104 67PiT�11I►TA[aii1STM ABSENT: Council Members: ABSTAIN: Council Members: APPROVED AS TO FORM: Craig A. Steele, City Attorney ATTEST: Gloria D. Harper, CMC, City Clerk 12 Joe Kalmick, Mayor DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES EXHIRIT F List of Opioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies").14 A. NALOXONE OR OTHER FDA -APPROVED DRUG TO REVERSE OPIOID OVERDOSES Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION -ASSISTED TREATMENT ("MAT") DISTRIBUTION AND OTHER OPIOID -RELATED TREATMENT Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. E-1 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES C. PREGNANT & POSTPARTUM WOMEN 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT') services to non. -Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder ("DUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME ("NAS" Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant - need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. E-2 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES F. TREATMENT FOR INCARCERATED POPULATION Provide evidence -based treatment and recovery support, including MAT for persons with OUD and co-occurring SUDIMH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools; Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and Funding and training for first responders to participate in pre -arrest diversion programs, post -overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE ,SERVICE PROGRAMS Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE -BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE E-3 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use Disorder or Mental Health ("SUD/MH") conditions through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, those that:15 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment ("MAT") approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence - based or evidence -informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co-occurring mental health conditions. is As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. E-4 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication— Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the programs or strategies that: Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. E-5 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved mediation with other support services. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUDIMH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUDIMH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUDIMH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED CONNECTIONS TO CARE Provide connections to care for people who have—or are at risk of developing--OUD and any co-occurring SUDIMH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: E-6 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUDIMH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid -related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUDIMH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. E-7 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUDIMH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUDIMH conditions, including established strategies such as: Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAART'); Active outreach strategies such as the Drug Abuse Response Team ("DART") model; "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion ("LEAD") model; Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OLID and any co- occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH'conditions. DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUDIMH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTI"), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice - involved persons with OUD and any co-occurring SUDIMH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUDIMH conditions, and the needs of their families, including babies with neonatal abstinence syndrome ("NAS"), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, those that: Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUDIMH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUDIMH conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. E-9 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10. Provide support for Children's Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: E-10 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 1. Increase the number of prescribers using PDMPs,- 2. DMPs; 2. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). 7. Engaging non -profits and faith -based communities as systems to support prevention. E-1 l DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES Funding evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that {when not properly addressed} increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS HARM REDUCTION Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. E-12 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUDIMH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment E-13 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid - or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -far -profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. E-14 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 2417). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. E-15 U\���F SERC 6F9�ys AGENDA STAFF REPORT ''c:4CIFOR�I�P- DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Kelly Telford, CPA, Finance Director/Treasurer SUBJECT: Adopt Updated User and Regulatory Fees for Community Development and Public Works SUMMARY OF REQUEST: It is recommended that the Council approve Resolution 7231 updating and establishing user and regulatory fees for various City services. BACKGROUND AND ANALYSIS: On October 25, 2021, the City conducted a study session to review and provide feedback on the proposed user and regulatory fees for the Community Development and Public Works. The proposed fees were the result of a user and regulatory fee study, completed with support from ClearSource Financial Consulting (ClearSource) (Attachment B). The user and regulatory fee study provides an up-to-date analysis of the City's current costs of providing fee -related services for Community Development and Public Works. The remainder of the City's user and regulatory fees for other departments will be completed in early 2022. The City provides many services to ensure safe, orderly, and aesthetically pleasing development and construction within City limits. The broad categories of these services include, but are not limited to, project entitlement review, improvement plan check, map check, permitting (building, grading, encroachment, etc.) and land action review (dedications, parcel mergers, and lot line adjustments). User and regulatory fees are the mechanism by which the City may recoup a portion, or all, of the costs associated with these services. By law, the City may receive fees commensurate with the cost of providing services (no more than the cost of providing services). The services for which a city imposes a user or regulatory fee typically derive from an individual person or entity's action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by a city's involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When Agenda Item R a fee targets "100% or full cost recovery," the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source — in most cases, the General Fund — subsidizes the individualized activity. Industry best practice and California statute are in harmony: user and regulatory fees should be set according to the estimated reasonable cost of service and should bear a fair and reasonable relationship to the payer's burdens on, or benefits received from the activities and/or services provided by the City. Recovering the costs of providing fee -related services directly influences the City's goal of maintaining fiscal stability while continuing to provide quality essential services. Additionally, ongoing review and adjustment of fees provides multiple benefits, including: • Increasing the availability of General Fund revenues to be used for services and activities available to all Seal Beach residents and businesses, such as public safety services. • Keeping pace with general cost inflation. • Avoiding fee spikes that are more likely to occur when municipalities leave fees unchanged for a multiyear period. • Providing fee payers, city staff, and city policymakers with a pattern of consistency that provides information for forecasting and decision-making purposes. • Helps meet fee -payer service level expectations by collecting fees to fund the existing level of services provided. • Encouraging generational equity among fee payers by avoiding long-term stagnation of fees followed by significant fee increases. Fee Categories that Were Examined in this Study This study specifically examined the following fee categories: • Planning Fees, such as entitlement review and review for compliance with the zoning code • Land Development Engineering Fees, such as public improvement review • Encroachment Permit Fees, for work or activities conducted in the City right- of-way • Building Fees, such as permitting of new construction or modifications to existing structures Categories that Were Not Examined in this Study This study specifically excluded examination of the following: • Taxes and Assessments • Development Impact Fees • Fines or Penalties • Franchise Fees • Utility Rates and Services Charges Page 2 These items are subject to different approval thresholds or are not subject to the same cost of service limitations as the fees examined as part of this study. Consequently, they are specifically excluded from the scope of this study. All adjustments to fees are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees and charges are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City's activities and services addressed in the fees. Additionally, the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor's burdens on, or benefits received from the activities and services provided by the City. Overview of Cost of Service Analysis Nearly every service for which a fee is imposed can be illustrated as follows, contrasting the components of the full cost of service, which is the maximum fee amount justified, against the local agency's goals for cost recovery: The Costs of Service Central Services/Governmental Administration/Management Materials/Services/Supplies I ndi rest Service Labor Direct Service Labor Fee -Based Cost Recovery 1001 = "Full Cost Recovery" Cast Recovery Target by Service: Public/Private Benefit Policies Market Sensitivity Compliance Fiscal Constraints/Considerations in the Organization 0%= Other Fund Suhsidy Generally, fees for service are targeted to full cost recovery, inclusive of operating, direct, indirect, and capital costs, except in cases where the City Council cites a public interest in lower fees. The City may also be influenced by market conditions, comparing to municipalities of similar size and service profile. Based on the consultant's experience working with municipalities throughout California, most fee -paying stakeholders and city councilmembers accept high-cost recovery targets for development -related fees as long as: Page 3 • The elements of the cost of service and assumptions are clearly communicated. • The city clearly communicates that only eligible costs are included in fees. Examples of targeted cost recovery strategies are illustrated in the table below. ILLUSTRATION OF COST RECOVERY SCENARIOS "NONE" No Recovery of the Costs of Service Acute interest in protecting: Public safety Integrity of City infrastructure, assets, and operations - Vulnerable populations • Collection of fees is not feasible or cost-effective • The broader public benefits greatly from the individual service provided Larger fee amounts may discourage compliance with City requirements "LOW" Market sensitivities may negatively impact demand for services Up to 50% of deemed important to the character of the community the Full Cost of City policy directs an influence on fee amounts for: Service Concern for low-income participation Concern for specific sectors, such as owner -occupied residences or small business Priority for resident participation, versus non-resident While the individual benefits greatly from service provided, "MODERATE" public benefit or public interest in compliance/participation is present Greater than Factors described in lower thresholds retain some influence 50% of the Full Cost of Service Though service benefits the individual to a high degree, fee levels should be sensitive to the encouragement of current City initiatives of t Service benefits the individual to a great degree "FULL" Service is highly regulatory Full of Fee amounts do not materially impact compliance or demand Full C Service Fee amounts for comparable service are in line with other regional communities "PENALTY" Greater than Must be a fine/penalty for non-compliance with City code Full Cost Page 4 Attachment B of this report includes the complete fee study report and cost of service analysis. Outcomes and proposals anticipated to be of particular interest to the City Council are summarized below. Building Fees • Current fees recover less than the City's full cost of providing fee -related services. • The Division collects approximately $812,000 annually in fee revenues. Fee - related expenditures are approximately $1,086,000. This results in an aggregate cost recovery level of 75% and a General Fund subsidy of approximately $274,000. • Full cost recovery is targeted for most fees with the following exceptions: o Mechanical permit for residential HVAC change -out: Target 50% cost recovery o Electrical permit for residential service panel upgrade/change-out: Target 50% cost recovery o Plumbing permit for water heater change -out: Target 35% cost recovery • Targeting less than full cost recovery for these minor permits is intended to encourage compliance, foster collaboration between residents and City staff, and ensure that fees align to the region for similar services provided. Plannina Fees • Current fees recover less than the City's full cost of providing fee -related services. • The Division collects approximately $52,000 annually in fee revenues. Fee - related expenditures are approximately $277,000. This results in an aggregate cost recovery level of 19% and a General Fund subsidy of approximately $225,000. • Due to the current significant under -recovery staff is recommending adjustments to most fees. However, fees for many services will continue to target less than full cost recovery, as illustrated below. o 100% (full) cost recovery: ■ Environmental assessment ■ General Plan or Zoning Map amendment ■ Planned unit development ■ Specific plan ■ Radius map processing ■ Appeal — by applicant Page 5 o 90% cost recovery: ■ Conditional use permit ■ Major site plan review ■ Sober living facility investigation fee ■ Major temporary use permit ■ Tentative map ■ Variance 0 75% cost recovery: ■ Minor site plan review ■ Sign permit ■ Minor temporary use permit ■ Property profile ■ Categorical Exemption ■ Appeal — by non -applicant (e.g., neighboring resident) 0 50% cost recovery: ■ Design review within residential districts ■ Concept approval for coastal development ■ Planning commission interpretation ■ Sign program ■ Extension 0 40% cost recovery: ■ Pre -Application 0 25% cost recovery: ■ Temporary banner permit Land Development Engineering Fees, Encroachment Permit Fees, and Public Works Fees • Current fees recover less than the City's full cost of providing fee -related services. • The Division collects approximately $187,000 annually in fee revenues. Fee - related expenditures are approximately $491,000. This results in an aggregate cost recovery level of 38% and a General Fund subsidy of approximately $304,000. • Restructure fees to encourage cost recovery of City staff and outside service provider costs. The department uses outside service providers to perform certain plan review and inspection activities. Although, the services are primarily performed by an outside service provider, City staff have to oversee and administer the review and approve and review reports and findings. The proposed fee structure encourages recovery of City costs in addition to contract Page 6 service provider costs. Similar fees are collected by communities throughout the region and the State. The proposed fee amounts do not exceed the City's cost of service and are in - range of amounts charged by other jurisdictions. Annual Adjustment to Fees In order to generally maintain pace with regional cost inflation, the City should adjust its fees on an annual basis. A commonly used, reasonable inflation index is the annual change in the all -urban Consumer Price Index (CPI) representative of the region. ENVIRONMENTAL IMPACT: Adoption of updated costs and charges is not considered a project as defined by the California Environmental Quality Act (CEQA) based on Section 15273 of the CEQA Guidelines. No other CEQA action is required. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: The anticipated revenue impact of the proposed changes included in the fee schedule update is $471,000. Additional revenues expected from proposed changes to fees and charges are intended to offset the cost of providing existing services associated with those fee -related regulatory functions. Additional fee revenue is not intended to fund new services. STRATEGIC PLAN: This item will aid in the City's goal of achieving short- and long-term fiscal sustainability. Recovering the costs of providing services directly influences the City's fiscal sustainability and reimburses the City for services requested by a single party, as compared to the public at large. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: It is recommended that the Council approve Resolution 7231 updating and establishing user and regulatory fees for various City services. Page 7 SUBMITTED BY: Kelly Telford Kelly Telford, CPA, Finance Director/Treasurer ATTACHMENTS: NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager A. Resolution 7231 B. User and Regulatory Fee Study (Development Services Fees) September 2021 'm RESOLUTION 7231 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING USER AND REGULATORY FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH IN THE AREA OF DEVELOPMENT SERVICES AND AMENDING AND RESTATING THE CITY'S COMPREHENSIVE FEE SCHEDULE RECITALS 1. The Seal Beach City Council is empowered to impose reasonable fees, rates, and charges for municipal services. 2. Periodically, the City Council determines that fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City. 3. The City has engaged Clearsource Financial Consulting to perform a study of user and Regulatory fees for the City of Seal Beach to ensure that fees charged do not exceed the cost of providing services, and to determine the appropriate fees that should be charged for the City to recover more of the full costs of providing services from those who are using them. 4. The report from Clearsource has been made distributed to the City Council and made available online to the public, and is available in the office of the City Clerk. 5. Clearsource's study and analysis has determined that certain fees, rates, and charges do not cover the actual costs incurred by the City. After conducting a duly noticed public hearing on December 13, 2021 and satisfying all applicable provisions of California Government Code Sections 66016 and 66018, the City Council hereby finds that existing User and Regulatory fees, rates, and charges do not fully recover the City's actual costs incurred for providing requested services. Based upon the foregoing, the Clearsource study, and evidence provided at the public hearing, the City Council hereby establishes, adjusts and increases the User and Regulatory fees, rates, and charges for the Development Services areas of Planning, Building, Engineering and Public Works. 6. The City Council hereby finds that, where applicable, the fees, rates, and charges adopted herein will not exceed the cost to the City of providing the service to which such fees apply. The User and Regulatory Fees set forth in Appendix C of the Clearsource study report dated October, 2021 are hereby adopted. The Director of Finance and City clerk are directed to incorporate said fees into the City's Master Fee Schedule forthwith. 7. Any existing City fee not affected by this resolution shall remain in full force and effect. This resolution is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee, or charge, except as provided herein. 8. The adoption of this Resolution determines fees for the purpose of meeting the operating expenses of City departments and will result in no physical change to the environment, and is therefore exempt from the California Environmental Quality Act. 9. This Resolution shall be effective January 1, 2021 except for any agreements, applications, plans and specifications submitted to the City prior to the date of adoption. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021 by the following vote: AYES: Council Members NOES: Council Mem ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, CMC, City Clerk APPROVED AS TO FORM: Craig A. Steele, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7231 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of December, 2021. Gloria D. Harper, CMC, City Clerk 2 CITY OF SEAL BEACH i■: OrElMaws TERRY MADSEN I PRINCIPAL CONSULTANT tmadsen@clearsourcefinancial.com 1 831.288.0608 7960 B Soquel Drive, Suite 363 1 Aptos, California 95003 www.clearsourcefinancial.com r- REPORTING 1 TRANSMITTAL 2 EXECUTIVE SUMMARY I Overall Findings 8 REGIONAL FEE COMPARISON 12 PROJECT ORIENTATION I Scope, Guidance, Methods APPENDICES A I COST OF SERVICE ANALYSIS B I ILLUSTRATION OF PROPOSED FEE CHANGES C I ILLUSTRATION OF PROPOSED FEE SCHEDULE CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH ClearSource Financial Consulting October 2021 CITY OF SEAL BEACH Attn: Kelly Telford, Director of Finance 211 Eighth Street Seal Beach, California 90740 User and Regulatory Fee Study Dear Kelly: 7960 B SOQUEL DRIVE, SUITE 363 1 APTOS, CALIFORNIA 95003 831.288.0608 1 WWW.CLEARSOURCEFINANCIAL.COM ClearSource Financial Consulting submits the following report describing the findings of our preparation of a User and Regulatory Fee Study for the City of Seal Beach. Please refer to the Executive Summary for the key findings of the analysis and estimated impacts to City funds. The balance of the report and its appendices provide the necessary documentation to support those outcomes. Thank you for the opportunity to serve the City on this topic. We are happy to continue discussion on this study as the need arises or consult with you on additional topics. Sincerely, TERRY MADSEN, PRESIDENT I CLEARSOURCE FINANCIAL CONSULTING PHONE NUMBER: 831.288.0608 EMAIL ADDRESS: tmadsen@clearsourceflnancial.com STUDY OVERVIEW The City of Seal Beach has completed a User and Regulatory Fee Study. California cities regularly conduct these studies to justify fee amounts imposed and to optimize the overall portfolio of revenues available to the municipality to fund its services. Industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that same individual through user fee revenue, relieving the agency's general revenues as much as possible for use toward services of broader community benefit. USER AND REGULATORY FEES Cities derive annual revenue from a number of sources. These include, but are not limited to, property taxes, sales taxes, license fees, franchise fees, fines, rents, and user and regulatory fees. User and regulatory fees are intended to cover all, or a portion of, the costs incurred by the City for providing fee -related services and activities that are not otherwise provided to those not paying the fee. California law provides guidance regarding the amounts the City may charge for fee -related services and activities. Specifically, in order to avoid being considered taxes, the fees charged shall not exceed the estimated reasonable cost of providing the services, activities, or materials for which fees are charged. At its conclusion, this study proposes for City Council review and consideration at public hearing a new Schedule of User Fees and Charges for application in Fiscal Year 2020-2021 and continued update in subsequent years. COST RECOVERY POLICY AND PRACTICE Recovering the costs of providing fee -related services directly influences the City's fiscal health and increases the City's ability to meet the service level expectations of fee payers. The services for which the City imposes a user or regulatory fee typically derive from an individual person or entity's action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by the City's involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When a fee targets "100% or full cost recovery," the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source — in most cases, the General Fund — subsidizes the individualized activity. Generally, fees for service are targeted to full cost recovery, inclusive of operating, direct, indirect, and capital costs, except in cases where the City Council cites a public interest in lower fees. The City may also be influenced by market conditions, comparing to municipalities of similar size and service profile. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 2 ILLUSTRATION OF COST RECOVERY SCENARIOS EXHIBIT 1 I ILLUSTRATION OF COST RECOVERY SCENARIOS • Acute interest in protecting: "NONE" Public safety No Recovery of Integrity of City infrastructure, assets, and operations the Costs of Service Vulnerable populations • Collection of fees is not feasible or cost-effective The broader public benefits greatly from the individual service provided Larger fee amounts may discourage compliance with City requirements "LOW" Market sensitivities may negatively impact demand for services deemed important to the character of the community Up to 50% of the City policy directs an influence on fee amounts for: Full Cost of Service Concern for low-income participation Concern for specific sectors, such as owner -occupied residences or small business - Priority for resident participation, versus non-resident "MODERATE" • While the individual benefits greatly from service provided, public benefit or public interest in compliance/participation is present Greater than Factors described in lower thresholds retain some influence 50% of the Full Cost of Service • Though service benefits the individual to a high degree, fee levels should be sensitive to the encouragement of current City initiatives Service benefits the individual to a great degree "FULL" Service is highly regulatory 100% of the Full Fee amounts do not materially impact compliance or demand Cost of Service Fee amounts for comparable service are in line with other regional communities "PENALTY" Greaterthan Full Must be a fine/penalty for non-compliance with City code Cost CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 3 FINDINGS AND PROPOSED ACTION During the course of study, information and analysis was generated and is discussed substantively throughout this report and its technical appendices. However, summarized in the following table by broad fee category and highlighted in the subsequent findings statements, are outcomes and proposals of particular interest to City leaders and policymakers. Primary Outcomes Building Fees • Current fees recover less than the City's full cost of providing fee -related services. o The Division collects approximately $812,000 annually in fee revenues. Fee -related expenditures are approximately $1,086,000. This results in an aggregate cost recovery level of 75% and a General Fund subsidy of approximately $274,000. • Full cost recovery is targeted for most fees with the following exceptions: o Mechanical permit for residential HVAC change -out: Target 50% cost recovery o Electrical permit for residential service panel upgrade/change-out: Target 50% cost recovery o Plumbing permit for water heater change -out: Target 35% cost recovery ■ Targeting less than full cost recovery for these minor permits is intended to encourage compliance, foster collaboration between residents and City staff, and ensure that fees align to the region for similar services provided. Planning Fees • Current fees recover less than the City's full cost of providing fee -related services. o The Division collects approximately $52,000 annually in fee revenues. Fee -related expenditures are approximately $277,000. This results in an aggregate cost recovery level of 19% and a General Fund subsidy of approximately $225,000. • Due to the current significant under -recovery staff is recommending adjustments to most fees. However, fees for many services will continue to target less than full cost recovery, as illustrated below. o 100% (full) cost recovery: ■ Environmental assessment ■ General Plan or Zoning Map amendment ■ Planned unit development ■ Specific plan CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 4 ■ Radius map processing ■ Appeal — by applicant 0 90% cost recovery: ■ Conditional use permit ■ Major site plan review ■ Sober living facility investigation fee ■ Major temporary use permit ■ Tentative map ■ Variance 0 75% cost recovery: ■ Minor site plan review ■ Sign permit ■ Minor temporary use permit ■ Property profile ■ Categorical Exemption ■ Appeal — by non -applicant (e.g., neighboring resident) 0 50% cost recovery: ■ Design review within residential districts ■ Concept approval for coastal development ■ Planning commission interpretation ■ Sign program ■ Extension 0 40% cost recovery: ■ Pre -Application 0 25% cost recovery: ■ Temporary banner permit Land Development Engineering Fees, Encroachment Permit Fees, and Public Works Fees • Current fees recover less than the City's full cost of providing fee -related services. o The Division collects approximately $187,000 annually in fee revenues. Fee -related expenditures are approximately 491,000. This results in an aggregate cost recovery level of 38% and a General Fund subsidy of approximately $304,000. • Restructure fees to encourage cost recovery of City staff and outside service provider costs. The department uses outside service providers to perform certain plan review and inspection CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 5 activities. Although, the services are primarily performed by an outside service provider, City staff have to oversee and administer the review and approve and review reports and findings. The proposed fee structure encourages recovery of City costs in addition to contract service provider costs. Similar fees are collected by communities throughout the region and the State. The proposed fee amounts do not exceed the City's cost of service and are in -range of amounts charged by other jurisdictions. Annual Adjustment to Fees In order to generally maintain pace with regional cost inflation, the City should adjust its fees on an annual basis. A commonly used, reasonable inflation index is the annual change in the all -urban Consumer Price Index (CPI) representative of the region. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 6 IMPACT TO COST RECOVERY AND CITY FUNDS The anticipated revenue impact of the proposed changes included in the fee schedule update is $471,000. EXHIBIT 21 COST RECOVERY IMPACT OF PROPOSED FEE CHANGES Building $1,086,000 $812,000 $274,000 75% $1,055,000 $243,000 97% Current Planning $277,000 $52,000 $225,000 19% $197,000 $145,000 71% Engineering / PW $491,000 $187,000 $304,000 38% $250,000 $63,000 51% Technology Fee $45,000 $45,000 $0 100% $45,000 $0 100% General Plan Update Fee $205,000 $66,000 $139,000 32% $84,000 $18,000 41% Training Fee $5,000 $2,000 $3,000 40% $4,000 $2,000 80% Total $2,109,000 $1,164,000 $945,000 55% $1,635,000 $471,000 78% * Amounts shown are estimates. Actual amounts will vary based on applicant volume and project types. Additional revenues expected from proposed changes to fees and charges are intended to offset the cost of providing existing services associated with those fee -related regulatory functions. Additional fee revenue is not intended to fund new services. Fairly allocating costs to the services provided and recovering some, or all, of these costs from service recipients creates value and predictability for City customers and reimburses the City for services provided to a single party, as compared to the public at large. Collecting fees for services: :Z Increases the availability of General Fund revenues to be used for services and activities available to all residents and businesses, such as public safety and public works services. Helps meet fee -payer service level expectations by collecting fees to fund the existing level of services provided. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 7 The adopted and proposed fees for several common services were compared to those imposed by other agencies. The comparison showed that, depending on the service examined, Seal Beach's fees may fall within the lower, middle, or upper range of amounts collected. This is a common finding due to the many factors that influence fees for specific services (e.g., service delivery methods, community values, organizational structure, and cost recovery goals). Comparison agencies included the cities of Huntington Beach, Manhattan Beach, Newport Beach, Orange, and Redondo Beach. The proposed fee amounts do not exceed the City's cost of service and are in -range of amounts charged by other jurisdictions. Comparison charts are provided on the following pages. MANHATTAN BEACH HUNTINGTON BEACH ORANGE SEAL BEACH - PROPOSED REDONDO BEACH NEWPORT BEACH SEALBEACH- CURRENT Residential HVAC Change -Out Fee $0 $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 * Amounts shown include permit fee and permit issuance fee. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 8 Residential Service Panel Change -Out Fee MANHATTAN BEACH I HUNTINGTON BEACF ORANGE SEAL BEACH - PROPOSEE NEWPORT BEACF REDONDO BEACF SEALBEACH- CURRENI $220 $162 rr $100 $0 $50 $100 $150 $200 $250 $300 $350 * Amounts shown include permit fee and permit issuance fee. Water Heater Change -Out Fee MANHATTAN BEACH SEALBEACH- PROPOSED ORANGE NEWPORT BEACH SEALBEACH- CURRENT HUNTINGTON BEACH REDONDO BEACH $0 $50 $100 * Amounts shown include permit fee and permit issuance fee. $150 $200 $250 $300 CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 9 Residential Solar Install - Roof Less than 15kW NEWPORT BEACH HUNTINGTON BEACH ORANGE SEALBEACH- PROPOSED REDONDO BEACH MANHATTAN BEACH SEALBEACH- CURRENT $0 $100 $200 * Amounts shown include permit fee and permit issuance fee. $300 $400 $500 $600 Building Permit Fee - $50,000 Project REDONDO BEACH SEALBEACH- PROPOSED NEWPORT BEACH ORANGE SEALBEACH- CURRENT HUNTINGTON BEACH MANHATTAN BEACH $0 $500 $1,000 $1,500 $2,000 $2,500 CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 10 Temporary Use Permit HUNTINGTON BEACH NEWPORT BEACH - MORE THAN 90 DAYS �iyznm SEAL BEACH - PROPOSED - MAJOR 1100mgm MANHATTAN BEACH - MAJOR INFUME REDONDO BEACH - WATERSPORT INSTRUCTION &... MANHATTAN BEACH - STANDARD ORANGE - NON-RECURRING E� SEAL BEACH - PROPOSED - MINOR FM NEWPORT BEACH - LESS THAN 90 DAYS EM, ORANGE - RECURRING SEAL BEACH - CURRENT - MAJOR NEWPORT BEACH - SEASONAL REDONDO BEACH SEAL BEACH - CURRENT - MINOR $0 $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 Appeal HUNTINGTON BEACH - APPEAL TO PC OTHERS HUNTINGTON BEACH - APPEAL TO CC OTHERS SEAL BEACH - PROPOSED - APPLICANT APPEAL TO PC... HUNTINGTON BEACH - APPEAL TO PC SFR APPLICANT SEAL BEACH - PROPOSED - NON-APPL. APPEAL TO PC... HUNTINGTON BEACH - APPEAL TO CC SFR APPLICANT NEWPORT BEACH SEAL BEACH - PROPOSED - APPLICANT APPEAL TO DIR. SEAL BEACH - PROPOSED - NON-APPL. APPEAL TO DIR. ORANGE - DEPOSIT REDONDO BEACH - NON -MFR MANHATTAN BEACH $4,039 NEW, M m $500 $1,000$1,500$2,000$2,500$3,000$3,500$4,000$4,500 CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 11 SCOPE OF STUDY The City of Seal Beach has completed a User and Regulatory Fee Study, which represents an external review of prevailing practices and development of a new Schedule of User Fees and Charges. ClearSource Financial Consulting has prepared this analysis during Fiscal Year 2019-2020 and will be available to answer questions as the City proceeds in implementing findings as it chooses. Key tasks expected by the City from this study included the following: Review eligible fee -related services citywide to establish the reasonable relationship between current fees for service and the underlying costs of service. :D Calculate the full cost of service, including estimated citywide overhead costs. Z Recommend fees to be charged for each service. Recommend cost recovery strategies and best practices in setting fees, while considering the complexities and demands of responsible programs or departments. Identify new fees and/or revenue sources for eligible services, where discovered and applicable. :) Identify underlying billable rates for cost recovery opportunities and as the basis for user fees. Maintain a thoroughly documented analysis to ensure compliance with Proposition 26, and other statutes, as applicable. DIRECT SERVICES UNDER REVIEW Fee Categories City fees under review in this project focused on direct services eligible for user fee methodology, as listed in the City's published fee schedules. Additionally, the project was tasked with identifying any relevant additions for services performed without a fee or for under -quantified or ineffectively structured fees. Current services shown in the City's various prevailing fee schedules and addressed in this study are summarized as follows: Building — Services include building permits for construction and sub -trades. Planning — Services include development review/current planning, other community permitting, and miscellaneous labor. :) Public Works—Services include land development review and encroachment permitting. :) Animal Regulation and Licensing— Services include fees for dog licensing, impound, adoption, etc.. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 12 REASON FOR STUDY Cities derive annual revenue from a number of sources. These include, but are not limited to, property taxes, sales taxes, franchise fees, fines, rents, and user and regulatory fees. User and regulatory fees are intended to cover all, or a portion of, the costs incurred by a city for providing fee -related services and activities that are not otherwise provided to those not paying the fee. California cities regularly conduct fee studies to justify fee amounts imposed and to optimize the overall body of revenues available to the municipality to fund its services. Widespread industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that individual through user fee revenue, relieving the agency's general revenues for services of broader community benefit. PREVAILING GUIDANCE The objectives of this study, the methodology used to complete the study, and the formulation of outcomes and recommendations for future consideration were significantly influenced by Article 13C of the California Constitution and Section 66014 of the California Government Code. Article 13C states that the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payer bear a fair or reasonable relationship to the payer's burdens on, or benefits received from, the governmental activity. Additionally, Article 13C identifies the following as items that are not defined as taxes: A charge imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. A charge imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law. A charge imposed as a condition of property development. �D Assessments and property -related fees imposed in accordance with the provisions of Article XIII D. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 13 Section 66014(a) of the California Government Code includes the following, "Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; ...the processing of maps under the provisions of the Subdivision Map Act...; or planning services...; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. The outcomes and recommendations of the study are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees ("charges") recommended as a result of this study are not taxes as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City's activities and services addressed in the fees. Additionally, this report is intended to show that the manner in which the costs are allocated to a payer bear a fair and reasonable relationship to the payer's burdens on, or benefits received from the activities and services provided by the City. METHODOLOGY AND DATA SOURCES This study calculated the estimated reasonable cost of providing various fee -related services across the City organization. Generally, the estimated reasonable cost of providing the fee -related services and activities examined in this study can be calculated as the product of the composite fully -burdened hourly labor rate of the division responsible for providing services and the estimated labor time required to process a typical request for service. The composite fully -burdened hourly rates calculated in this study are based on the estimated annual hours spent providing fee related services, and estimated labor, services and supplies, and citywide overhead expenditures, sourced as follows: Estimated annual hours spent providing fee related services were developed based on interviews with City staff and are in-line with typical direct service ratios experienced by the consultant via studies of similar municipalities throughout California. Labor expenditures for in-house personnel were based on the City's most recently adopted salary schedules. Contract service costs are based on historical spending for City contract service providers. All other services and supplies expenditures were based on budgeted expenditures. For purposes of estimating the full cost of service, a reasonable, conservative, allocation of central service costs to direct service departments was developed that yields Citywide indirect rates to inform this analysis. Estimated labor times were developed based on responses from the staff primarily responsible for the provision of services examined in the study. Commonly used industry data also aided in the development of time estimates and proposed fee structures. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 14 Once cost of service levels are identified, the City may use this information to inform targeted cost recovery from fees. Fees set at the cost of service target full cost recovery. Fees set at any amount less than the cost of service target less than full cost recovery. An illustration of the methods used in this analysis is shown below. EXHIBIT 3 1 STEPS IN ANALYZING COSTS OF SERVICE AND USER FEES Identify annual hours spent providing fee services for each participating JP 11 ANNUAL division Information is developed and tested using a combination of interviews, LABOR questionnaires, historical project information, and historical revenue information Identify annual cost of providing fee services for each participating division Information is developed and tested using a combination of information found in the City's adopted budget, expenditure history, and the overhead cost plan. Calculate the estimated fully burdened hourly rate using informationfrom 3 [ FULLY BURDENED Steps 1 and 2 HOURLY RATES Estimate labor time required to process individual request for service Information is developed and tested using a combination of interviews, questionnaires, commonly used measures, and information developed in Step 1 Calculate the estimated cost of service using information from Steps 3 and 4 Calculate current cost recoverylevel for a specific service Use laws, industry standards, goals and policies, and historical trends to determine targeted cost recovery Testto confirm forecast revenue from feeswill not exceed program costs Use historical permit volume and proposed fees to forecast anticipated revenue from fees Y Forecasted revenues should not exceed program costs CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 15 CONSIDERATIONS FOR IMPLEMENTATION If the City decides to adopt or otherwise utilize outcomes generated through this study, it should: �D Update Systems for Fee Outcomes — Ensure that City staff begin using updated fees and associated outcomes once the updated schedule of fees becomes effective. Values should be included in all official fee schedules used throughout the City (e.g., departmental pamphlets, counter schedules, and online information). Additionally, ensure collections processes are updated, which may include coding in billing systems and training for personnel who handle fees directly with the public. Actively Monitor the Use of Fees — In order to recover accurate and eligible amounts expected, the City should be diligent about tracking time to projects and ensuring fees are applied in the correct amount and using the correct and intended basis. Monitor Feedback and Permit Statistics — Monitor permit and application volume and applicant feedback to determine if fee modifications are resulting in any unanticipated changes in project frequency and to increase the level of detail available for revenue forecasting. Annually Review and Adjust Fee Values — In order to generally maintain pace with regional cost inflation and/or the City's salary cost inflation, the City should adjust its fees on an annual basis. A commonly used, reasonable inflation index is the annual change in the all -urban Consumer Price Index (CPI) representative of the region. Periodically Perform Comprehensive Analysis — A comprehensive fee study should be conducted periodically (e.g., every three to five years) to ensure fee levels remain at or below legal limits and are consistent with evolving service practices and local conditions. CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 16 COST OF SERVICE ANALYSIS CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 17 User and Regulatory Fees Fee -Related Cost of Service Analysis Appendix A: p. 1 City of Seal Beach Cost of Service Analysis Building Fees Planning Fees Engineering, Encroachment, and Utility Services Fees General Plan Update Fee Technology/GIS Fee Specialized Training Fee 23 31 38 40 43 Appendix A: p. 2 User and Regulatory Fees Cost of Service Calculations Building Fees Appendix A: p. 3 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Building and Code Enforcement Fund # Fund Desc Dept# MW Dept Desc Account # Account Desc Total Adjust SubTotal Building Code.tal $306,190 • - Notes 001 001 General Fund 031 Building and Code Enf. 001-031-40001 Full -Time Salaries $457,000 $0 $457,000 $374,351 $82,649 $457,000 [a] 001 General Fund 031 Building and Code Enf. 001-031-40003 Overtime $500 $0 $500 $410 $90 $500 [a] 001 General Fund 031 Building and Code Enf. 001-031-40009 Cell Phone Allowance $300 $0 $300 $246 $54 $300 [a] 001 General Fund 031 Building and Code Enf. 001-031-40011 Deferred Compensation $11,100 $0 $11,100 $9,093 $2,007 $11,100 [a] 001 General Fund 031 Building and Code Enf. 001-031-40012 PERS Retirement $124,000 $0 $124,000 $101,574 $22,426 $124,000 [a] 001 General Fund 031 Building and Code Enf. 001-031-40014 Health Insurance $73,800 $0 $73,800 $60,453 $13,347 $73,800 [a] 001 General Fund 031 Building and Code Enf. 001-031-40015 AFLAC Cafeteria $100 $0 $100 $82 $18 $100 [a] 001 General Fund 031 Building and Code Enf. 001-031-40017 Medicare Insurance $7,000 $0 $7,000 $5,734 $1,266 $7,000 [a] 001 General Fund 031 Building and Code Enf. 001-031-40018 Life and Disability $3,900 $0 $3,900 $3,195 $705 $3,900 [a] 001 General Fund 031 Building and Code Enf. 001-031-40022 Flexible Spending - Cafeteria $0 $0 $0 $0 $0 $0 [a] 001 General Fund 031 Building and Code Enf. 001-031-40023 Cafeteria -Taxable $4,100 $0 $4,100 $3,359 $741 $4,100 [a] 001 General Fund 031 Building and Code Enf. 001-031-40027 Vacation Buyout/Payout $5,500 $0 $5,500 $4,505 $995 $5,500 [a] 001 General Fund 031 Building and Code Enf. 001-031-40032 Health and Wellness Fitness Pg $1,700 $0 $1,700 $1,393 $307 $1,700 [a] 001 General Fund 031 Building and Code Enf. 001-031-40033 Medical Waiver $800 $0 $800 $655 $145 $800 [a] 001 General Fund 031 Building and Code Enf. 001-031-40100 Office Supplies $2,000 $0 $2,000 $1,638 $362 $2,000 [a] 001 General Fund 031 Building and Code Enf. 001-031-40300 Membership Dues $600 $0 $600 $491 $109 $600 [a] 001 General Fund 031 Building and Code Enf. 001-031-40400 Training and Meetings $2,500 $0 $2,500 $2,048 $452 $2,500 [a] 001 General Fund 031 Building and Code Enf. 001-031-40700 Equipment/Materials $1,100 $0 $1,100 $901 $199 $1,100 [a] 001 General Fund 031 Building and Code Enf. 001-031-44000 Contract Professional $40,000 $210,000 $250,000 $250,000 $250,000 [a],[b] Total 1 $736,000 1 $210,000 1 $946,000 1 $820,128 $125,872 $946,000 Allocation of Central Services Total Costs for Allocation Appendix A: p. 4 Citywide Overhead Rate 67% $457,000 $306,190 $0 $306,190 Total $306,190 $0 $306,190 Total Costs for Allocation Appendix A: p. 4 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Building and Code Enforcement Allocation of Annual Labor Effort Average Annual Revenues Desc Total $811,888 Expenditures $1,085,577 D- 75% General Fund Subsidy 1 Average 30210 Building Permits $370,762 $439,634 $469,455 $426,617 30230 Electrical Permits $31,583 $40,557 $26,796 $32,979 30250 Other Permits $28,408 $26,444 $26,809 $27,220 30255 Plumbing Permits $60,511 $61,742 $36,185 $52,813 30256 Issuance Permits $60,268 $69,070 $63,406 $64,248 30874 Special Services Fee $9,402 $6,024 $5,348 $6,925 30825 Plan Check Fees $210,722 $217,971 $173,068 $200,587 39503-13CA Building Code Appeal $1,500 $0 $0 $500 Total $773,156 $861,442 $801,066 $811,888 Current Cost Recovery Desc Total $811,888 Expenditures $1,085,577 Cost Recovery Rate 75% General Fund Subsidy $273,689 [a] Source: FY 20/21 adopted budget. [b] Adjustment to align expenditures to historical actuals. Appendix A: p. 5 City of Seal Beach User and Regulatory Fee Study Calculation of Fully -Burdened Hourly Rate - Building and Code Enforcement Fully -Burdened Hourly Rate Calculation of Cost Multiplier for Fully -Burdened Hourly Rate (Apply to Base Salary Cost Per Hour) Calculation of Fully -Burdened Hourly Rate by Position Com. Dev. Director $ 63,936 0.35 $ 182,675 $ 88 3.56 $ 313 Executive Assistant $ 10,860 0.15 $ 72,401 $ 35 3.56 $ 124 Assistant Planner $ 20,972 0.20 $ 104,858 $ 50 3.56 $ 180 Senior Planner $ 25,552 0.20 $ 127,759 $ 61 3.56 $ 219 Code Enforcement Officer $ 60,853 0.80 $ 76,066 $ 37 3.56 $ 130 Building Inspector $ 83,963 1.00 $ 83,963 $ 40 3.56 $ 144 Senior Building Tech $ 68,912 1.00 $ 68,912 $ 33 3.56 $ 118 Building Official $ 134,227 1.00 $ 134,227 $ 65 3.56 $ 230 Fully -Burdened Hourly Rate $ 469,275 1 4.70 1 $ 99,846 $ 48 3.56 $ 171 [a] Adjustment to exclude contract service costs Appendix A: p. 6 City of Seal Beach User and Regulatory Fee Study Allocation of Annual Labor Effort - Building and Code Enforcement Position11111111111111171 Com. Dev. Director Indirect 587 7,ng Code Total Mours Less: Moliday eroductive Total 28 0 0 Total Total Firect 0 no. M�VB.,, 0 Senior Planner Enforcement PerFTE & Leave Hours Per Productive 652 Indirect Direct 0% Total-- 1,193 Building Inspector 652 Com. Dev. Director 0.35 0.32 0.04 2,080 216 1,864 100% 100% 652 0 Executive Assistant 0.15 0.14 0.02 2,080 216 1,864 280 100% 0% 100% 280 - 280 Assistant Planner 0.20 0.20 - 2,080 216 1,864 373 20% 80% 100% 75 298 373 Senior Planner 0.20 0.20 - 2,080 216 1,864 373 20% 80% 100% 75 298 373 Code Enforcement Officer 0.80 - 0.80 2,080 216 1,864 1,491 20% 80% 100% 298 1,193 1,491 Building Inspector 1.00 1.00 - 2,080 216 1,864 1,864 20% 80% 100% 373 1,491 1,864 Senior Building Tech 1.00 1.00 2,080 216 1,864 1,864 20% 80% 100% 373 1,491 1,864 Building Official 1.00 1.00 - 2,080 216 1,864 1,864 30% 70% 100% 559 1,305 1,864 Total 4.70 3.85 0.85 8,761 2,684 6,077 8,761 Total 82% 18% 31% 69% 100% Position11111111111111171 Com. Dev. Director Indirect 587 Indirect 65 Direct Direct Code 0 0 Executive Assistant 252 28 0 0 Assistant Planner 75 0 298 0 Senior Planner 75 0 298 0 Code Enforcement Officer 0 298 0 1,193 Building Inspector 373 0 1,491 0 Senior Building Tech 373 0 1,491 0 Building Official 559 0 1,305 0 Total 2,293 391 4,884 1,193 Appendix A: p. 7 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service DF 1 HVAC Change -Out - Residential 0.75 Current Fee varies 0.75 2 HVAC Change -Out - Commercial (per unit) 0.75 0.50 1.25 3 Residential Solar Photovoltaic System - Solar Permit varies varies $214 a) 15kW or less 1.25 0.50 1.75 b) Above 15kW - base 0% $299 100% c) Above 15kW - per kW 4 Commercial Solar Photovoltaic System -Solar Permit $299 a) 50kW or less b) 50kW - 250kW - Base c) 50kW - 250kW - per kW above 50kW $1,106 $1,000 d) Above 250kW - base e) Above 250kW - per kW $1,000 5 Service Panel Upgrade - Residential 0.75 0.11 0.86 6 Service Panel Upgrade - Commercial 0.75 0.50 1.25 7 Water Heater Change -Out 0.50 $2,657 0.50 8 Line Repair - Sewer / Water / Gas 0.75 0.11 0.86 9 Re -Roof $5.42 $5 a) Up to 2,000 SF 1.25 0.25 1.50 b) Each Add'I 1,000 SF or fraction thereof 0.50 $74 0.50 10 Demolition 0.75 x $214 0.75 11 Swimming Pool/Spa $214 100% a) Swimming Pool /Spa 2.50 2.50 5.00 b) Detached Spa / Water Feature 1.00 0.50 1.50 c) Gunite Alteration 2.00 0.50 2.50 d) Equipment Change -out Alone 1.00 0.25 1.25 12 Patio varies $257 100% a) Standard (Wood/Metal Frame) X $171 x $86 varies i) Up to 200 SF 0.75 0.50 1.25 ii) Greater than 200 SF 1.00 0.75 1.75 b) Upgraded (with electrical, stucco, fans, etc.) 100% X $171 i) Up to 200 SF 1.50 1.00 2.50 ii) Greater than 200 SF 2.00 1.00 3.00 X $171 28 x1$214 Current Fee varies Current Cost Recovery varies Proposed Fee $64 Proposed Cost Recovery 50% Note x $171 x varies varies $214 100% X $171 x $299 $0 0% $299 100% $299 $15 $1,106 $1,000 $1,106 $1,000 $7.59 $7 $2,657 $2,400 $5.42 $5 X $171 x $147 varies varies $74 50% X $171 x $214 varies varies $214 100% X $171 x $86 $28 33% $30 35% X $171 x $147 varies varies $147 100% X $171 x $257 varies varies $257 100% X $171 x $86 varies varies $86 100% X $171 x $128 varies varies $128 100% X $171 x $855 varies varies $855 100% X $171 x $257 varies varies $257 100% X $171 x $428 varies varies $428 100% X $171 x $214 varies varies $214 100% X $171 x $214 varies varies $214 100% X $171 x $299 varies varies $299 100% X $171 x $428 varies varies $428 100% X $171 x $513 varies varies $513 100% Appendix A: p. 8 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 13 Window/ Sliding Glass Door/ Sola -Tube a) Retrofit/ Repair i) Up to 5 ii) Each additional 5 b) New/ Alteration i) First ii) Each additional * Current fees vary based on project valuation or characteristics (e.g., amperage, materials type, BTUs, etc.). X $171 x $128 $28 each varies X $171 x $43 $28 each 65% X $171 x $257 varies varies X $171 x $64 varies varies Appendix A: p. 9 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service Descriptiorw�� st. Labor Hours PC Total Miscellaneous Item Permits 1 Block Wall/ Retaining/Combo Wall Note X $171 x $29 a) Block Wall varies $29 100% i) First 100 LF 0.50 0.25 0.75 ii) Each additional 50 LF 0.17 100% 0.17 b) Retaining / Combination Wall - Each 50 LF 0.33 varies 0.33 2 Fence 100% X $171 a) First 100 LF 0.50 0.25 0.75 b) Each additional 50 LF 0.17 X $171 0.17 3 Sign varies $257 100% a) Monument Sign - First 0.75 0.75 1.50 b) Monument Sign - Each Additional 0.17 100% 0.17 c) Wall/Awning Sign - First 0.33 0.50 0.83 d) Wall/Awning Sign - Each Additional 0.17 0.17 4 Tent varies varies $29 a) Up to 1,000 SF 0.50 0.25 0.75 b) Each additional 1,000 SF or fraction thereof 0.17 $128 0.17 * Current fees vary based on project valuation. 77 X $171 x $128 Current Fee varies Current Cost Recovery varies Proposed Fee $128 Proposed Cost Recovery 100% Note X $171 x $29 varies varies $29 100% X $171 x $57 varies varies $57 100% X $171 x $128 varies varies $128 100% X $171 x $29 varies varies $29 100% X $171 x $257 varies varies $257 100% X $171 x $29 varies varies $29 100% X $171 x $143 varies varies $143 100% X $171 x $29 varies varies $29 100% X $171 x $128 varies varies $128 100% X $171 x $29 varies varies $29 100% Appendix A: p. 10 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service — e Description 1 Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Unit .- Electrical Code Fees 1 Electrical Services a) Each service switch 300 volts or less 0.0017 x$171 =$0.30 $0.02 7% $0.30 100% per amp b) Each service switch 301 to 600 volts varies x $171 = $0.35 $0.05 14% $0.35 100% per amp c) Each service switch over 600 volts varies x $171 = $0.40 $0.09 23% $0.40 100% per amp 2 Electrical Systems in new structures or building additions — the following charges shall apply to electrical systems contained within or on any new structure, including new additions to existing structures a) Warehouse - that part which is over 5,000 SF 0.0001 x $171 = $0.021 $0.0069 32% $0.021 100% per SF b) Storage garages where no repair work is done 0.0001 x $171 = $0.021 $0.0069 32% $0.021 100% per SF c) Aircraft hangers where no repair work is done 0.0001 x $171 = $0.021 $0.0069 32% $0.021 100% per SF d) Residential accessory buildings attached or detached 0.0003 x $171 = $0.043 $0.016 37% $0.043 100% per SF such as garages, carports, sheds, etc. e) Garages and carports for motels, hotels, and commercial 0.0003 x $171 = $0.043 $0.016 37% $0.043 100% per SF parking f) Warehouses up to and including 5,000 SF 0.0003 x $171 = $0.043 $0.016 37% $0.043 100% per SF g) All other occupancies not listed area that is over 5,000 0.0003 x $171 = $0.043 $0.016 37% $0.043 100% per SF SF h) for all other occupancies not listed up to and including 0.0005 x $171 = $0.086 $0.031 36% $0.086 100% per SF 5,000 SF i) for temporary wiring during construction 0.0001 x $171 = $0.017 $0.0032 19% $0.017 100% per SF 3 Temporary Service a) Temporary for construction service, including poles or 0.33 x $171 = $57 $19 33% $57 100% each pedestals b) Approval for temporary use of permanent service 0.33 x $171 = $57 $19 33% $57 100% each equipment prior to completion of structure of final inspection c) Additional supporting poles 0.08 x $171 = $14 $6 42% $14 100% each d) Service for decorative lighting, seasonal sales lot, etc. 0.17 x $171 = $29 $10 35% $29 100% each Appendix A: p. 11 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 4 Miscellaneous a) Area lighting standards i) up to and including 10 on a site ii) over 10 on a site b) Private residential swimming pools, including supply wiring, lights, motors, and bonding c) Commercial swimming pools d) Inspection for reinstallation of idle meter (removed by utility company) 5 Illuminated Signs - New, Relocated, or Altered a) Up to and including 5 sq ft b) Over 5 sq ft and not over 25 sq ft c) Over 25 sq ft and not over 50 sq ft d) Over 50 sq ft and not over 100 sq ft e) Over 100 sq ft and not over 200 sq ft f) Over 200 sq ft and not over 300 sq ft g) Over 300 sq ft 6 Overhead Line Construction - poles and anchors 7 Alternate Cost Schedule a) Alterations, additions, and new construction where no structural work is being done or where it is impractical to use a SF schedule; convert to units as follows b) For each outlet where current is used or controlled c) For each lighting fixture where current is used or controlled d) Switches e) Subpanel f) Feeder g) Bathroom Exhaust Fan 0.08 x $171 = $14 $6 42% 0.03 x $171 = $6 $2.79 49% 0.33 x $171 = $57 $38 67% 0.67 x $171 = $114 $74 65% 0.2 x $171 = $29 $14.21 50% 0.17 x $171 = $29 $14.21 50% 0.25 x $171 = $43 $17.00 40% 0.33 x $171 = $57 $22.86 40% 0.42 x $171 = $71 $31.22 44% 0.50 x $171 = $86 $34.01 40% 0.58 x $171 = $100 $42.65 43% $14 $0.35 $0.15 43% 0.08 x $171 = $14 $5.42 38% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% 0.08 x $171 = $14 $4.25 30% Proposed Fee $14 Proposed Cost Recovery 100% Unit each Note $6 100% each $57 100% each $114 100% each $29 100% each $29 100% $43 100% $57 100% $71 100% $86 100% $100 100% $0.35 100% per SF $14 100% each $14 100% per unit $14 100% each $14 100% each $14 100% each $14 100% each $14 100% each $14 100% each Appendix A: p. 12 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 8 Power Apparatus For equipment rated in horsepower (HP), kilowatts (kW), or kilovolt- amperes (KVA), the charge for each motor, transformer, and/or appliance shall be: a) 0 to 1 unit b) Over 1 unit and not over 10 units c) Over 10 units and not over 50 units d) Over 50 units and not over 100 units e) Over 100 units 9 Miscellaneous apparatus, conduits, and conductors for electrical apparatus, conduits and conductors for which a permit is required, but for which no charge is herein set forth 0.08 x $171 = $14 0.17 x $171 = $29 0.25 x $171 = $43 0.33 x $171 = $57 0.50 x $171 = $86 0.17 x $171 = $29 Proposed Fee $14 Proposed Cost Recovery 100% Unit Note $29 100% $43 100% $57 100% $86 100% $29 100% each [a] For equipment or appliances having more than one motor or heater, the sum of the combined ratings maybe used to compute the charges. These charges shall include all switches, circuit breakers, contractors, relays, and other directly related control equipment. Appendix A: p. 13 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service Appendix A: p. 14 - e Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Unit Note Plumbing Code Fees 1 Plumbing fixture or trap or set of fixtures on one trap (including0.08 x$171 =1$114 $7.59 53% $14 100% each water, drainage piping, and back flow protection) 2 Building sewer and trailer park sewer 0.17 x $171 = $29 $16.27 57% $29 100% each 3 Rainwater system - per drain (inside building) 0.08 x $171 = $14 $7.59 53% $14 100% each 4 Cesspool (where permitted) 0.25 x $171 = $43 $28.21 66% $43 100% each 5 Private sewage disposal system 0.50 x $171 = $86 $44.48 52% $86 100% each 6 Water heater and/or vent 0.08 x $171 = $14 $7.59 53% $14 100% each 7 Gas piping system of 1 to 5 outlets 0.08 x $171 = $14 $5.42 38% $14 100% each 8 Additional gas piping system per outlet 0.02 x $171 = $3 $1.38 48% $3 100% each 9 Industrial waste pre-treatment interceptor, including its trap 0.08 x $171 = $14 $7.59 53% $14 100% each and vent, except kitchen type grease interceptors functioning as fixture traps 10 Water piping and/or water treating equipment- installation, 0.75 x $171 = $128 $84.02 65% $128 100% each alteration, or repair 11 Main Water Line 0.08 x $171 = $14 $7.59 53% $14 100% each 12 Drain, vent or piping (new) 0.08 x $171 = $14 $7.59 53% $14 100% each 13 Drainage, vent repair, or alteration of piping 0.08 x $171 = $14 $7.59 53% $14 100% each 14 Lawn sprinkler system or any one meter including back flow 0.08 x $171 = $14 $7.59 53% $14 100% each protection devices 15 Atmospheric type not included in Item 12 a) 1 to 5 0.08 x $171 = $14 $7.59 53% $14 100% each b) 6 or more 0.02 x $171 = $3 $1.08 38% $3 100% each 16 Back flow protective devices other than atmospheric type vacuum breakers a) 2 inch diameter or less 0.08 x $171 = $14 $7.59 53% $14 100% each b) Over 2 inch diameter 0.17 x $171 = $29 $16.27 57% $29 100% each Appendix A: p. 14 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 17 1 Gray water system 18 1 Reclaimed water system initial installation and testing 19 1 Reclaimed water system annual cross -connection testing (excluding initial test) 20 ISewer connection permit 0.50 x $171 = $86 0.33 x $171 = $57 0.33 x $171 = $57 0.25 x $171 = $43 Appendix A: p. 15 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service Proposed Fee $29 Mechanical Code Fees Unit each Note $43 100% each 1 Forced are or gravity -type furnace or burner, including ducts 100% each $29 100% each and vents attached to such appliance - each installation or $14 100% each $29 100% relocation $29 100% each $57 a) To and including 100,000 BTU/H 0.17 x $171 = $29 $14.77 52% b) Over 100,000 BTU/H 0.25 x $171 = $43 $18.12 42% 2 Floor furnace, including wall heater, or floor -mounted unit 0.17 x $171 = $29 $14.77 52% 100% heater - each installation or relocation 3 Suspended heater, recessed wall heater or floor mounted unit 0.17 x $171 = $29 $14.77 52% heater - each installation, relocation, or replacement 4 Appliance vent installed and not included in an appliance permit 0.08 x $171 = $14 $7.25 51% - each installation, relocation, or replacement 5 Heating appliance, refrigeration unit, cooling unit, absorption 0.17 x $171 = $29 $13.66 48% unit - each repair, alteration, or addition to and including 100,000 BTU/H 6 Boiler or compressor to and including 3 horsepower, or 0.17 x $171 = $29 $14.77 52% absorption system to and including 100,000 BTU/H - each installation or relocation 7 Boiler or compressor over 3 horsepower to and including 15 0.33 x $171 = $57 $27.04 47% horsepower or each absorption system over 100,000 BTU/H to and including 500,000 BTU/H - each installation or relocation 8 Boiler or compressor over 15 horsepower to and including 30 0.50 x $171 = $86 $37.07 43% horsepower or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H - each installation or relocation 9 Boiler or compressor over 30 horsepower to and including 50 0.67 x $171 = $114 $55.19 48% horsepower or each absorption system over 1,000,000 BTU/H to and including 1,750,000 BTU/H - each installation or relocation 10 Boiler or compressor over 50 horsepower or each absorption 1.00 x $171 = $171 $92.27 54% system over 1,750,000 BTU/H - each installation or relocation 11 Air -handling unit to and including 10,000 cubic feet per minute, 0.08 x $171 = $14 $10.59 74% including ducts attached thereto 12 Registers 0.08 x $171 = $14 $10.59 74% Proposed Fee $29 Proposed Cost Recovery 100% Unit each Note $43 100% each $29 100% each $29 100% each $14 100% each $29 100% each $29 100% each $57 100% each $86 100% each $114 100% each $171 100% each $14 100% each [a] $14 100% each Appendix A: p. 16 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 13 Air -handling unit over 10,000 CFM 14 Evaporative cooler other than portable type 15 Ventilation system which is not a portion of any heating or air conditioning system authorized by a permit 16 Ventilation fan connected to a single duct 17 Installation or relocation of each domestic type incinerator 18 Installation of each hood that is served by mechanical exhaust, including ducts for such hood 19 Installation or relocation of each commercial or industrial type incinerator 20 Duct extensions, other than those attached 21 Gas Piping a) Up to 4 outlets b) Each additional outlet 22 Appliance or piece of equipment regulated by the California Mechanical Code, but not classified in other appliance categories or for which no other charge is listed in this Code 0.17 x $171 = $29 0.08 x $171 = $14 0.08 x $171 = $14 0.08 x $171 = $14 0.17 x $171 = $29 0.08 x $171 = $14 0.67 x $171 = $114 0.05 x $171 = $9 0.08 x $171 = $14 0.02 x $171 = $3 0.17 x $171 = $29 Proposed Fee $29 Proposed Cost Recovery 100% Unit each Note $14 100% each $14 100% each $14 100% each $29 100% each $14 100% each $114 100% each $9 100% each $14 100% each $3 100% each $29 100% each [a] This charge shall not apply to an air -handling unit that is a portion of a factory assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in this schedule. Appendix A: p. 17 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 0.75 x$171 =$128 Current Fee 10% of permit Current Cost Recovery 39% Proposed Fee 10% of permit Proposed Cost Recovery 39% Note valuation valuation 0.75 x $171 = $128 $92.15 72% $108.00 84% 1.00 x $171 = $171 $146.46 86% $171.00 100% 4.00 x $171 = $684 $518.17 76% $684.00 100% 6.00 x $171 = $1,026 $799.61 78% $1,026.00 100% 10.00 x $171 = $1,710 $1,189.83 70% $1,710.00 100% 32.00 x $171 = $5,472 $3,687.17 67% $5,472.00 100% 48.00 x $171 = $8,208 $6,332.84 77% $8,208.00 100% Appendix A: p. 18 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 1 Plan Check Fees - Building a) Building Plan Review Fee, if applicable b) Mechanical, Electrical, or Plumbing Plan Review Fee, if applicable c) Expedited Plan Check (when applicable) d) State Accessibility Code Compliance, if applicable e) State Mandated Energy Compliance, if applicable f) Soils and/or Geotechnical Reports i) In -House Review ii) Third Party Review g) Alternate Materials and Materials Review (per hour) h) Excess Plan Review Fee (4th and subsequent) (per hour) 2 Building Plan Check Fees - Public Works Engineering (Fees Only Applied to Projects Requiring Review) a) Swimming Pool b) Block Wall c) Fence d) Sign e) Alterations/Additions - Residential f) New Construction - Single Family Residential g) New Construction - 2-4 Residential Units h) New Construction - 5+ Residential Units i) New Construction - Non -Residential j) Alterations/Additions - Non -Residential k) Permits / Plan checks not listed above varies I I 65% varies 65% varies varies 4.00 x $171 = $684 1.00 Ixl $171 -I $171 1.00 x $171 1.00 x $184 = $184 0.50 x $184 = $92 0.50 x $184 = $92 0.50 x $184 = $92 0.75 x $184 = $138 2.00 x $184 = $368 3.00 x $184 = $552 6.00 x $184 = $1,104 4.00 x $184 = $736 1.00 x $184 = $184 [a] Includes up to three plan checks. The City will bill hourly for additional plan review required. [b] Engineer/technician to determine hours and applicable fee at time of application. 65% 65% Additional 50% of standard plan check 5% 5% $443 Actual Cost +Admin Charge $110 $110 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 100% 100% 65% Proposed Fee 6S% Proposed Cost Recovery 100% Unit % of building permit fee .- [a] 65% 100% % of permit fee [a] Additional 50% of [a] standard plan check 5% % of building permit fee [a] 5% % of building permit fee [a] $684 100% Actual Cost+ 15% 100% Admin Charge $171 100% perhour $171 100% perhour $184 100% $92 100% $92 100% $92 100% $138 100% $368 100% $552 100% $1,104 100% $736 100% $184 100% See footnote [b] Appendix A: p. 19 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 1 Permit Issuance 2 Technology/ Geographic Information System Update (GIS) Fee - Fee x value of building levied with building permit 3 General Plan Revision Fee 4 Technical Training Fee 5 Plan Archival Deposit (Records Management) 6 Strong Motion Instrumentation (SMI) Fee Calculation a) Residential b) Commercial 7 Building Standards (SB 1473) Fee Calculation (Valuation) a) $1- $25,000 b) $25,001- $50,000 c) $50,001- $75,000 d) $75,001- $100,000 e) Each Add'I $25,000 or fraction thereof 8 Duplication—Approved Plans a) Sheets up to 8 %" x 11" b) Sheets larger than 8 %" x 11" and 11 x 17 c) Large Format Sheet (24 x 36) i) First sheet ii) Additional sheets iii) Color sheets 9 Temporary Certificate of Occupancy 10 Demolition Permit X _$86 Current Fee $45 Current Cost Recovery 53% Proposed Fee $86 Proposed Cost Recovery 100% Unit per permit .- $0.0015 $0.0015 100% $0.0015 100% fee x construction valuation 0.62% 0.20% 32% 0.25% 41% % of construction valuation $5.11 $1.50 29% $3.00 per permit 2% 2% % of building permit fee [a] $0.50 or valuation x $0.50 or valuation x [a] .00013 .00013 $0.50 or valuation x $0.50 or valuation x [a] .00028 .00028 [a] $1 $1 [a] $2 $2 [a] $3 $3 [a] $4 $4 [a] Add $1 Add $1 [a] $0.25 $0.25 per page $0.50 $0.50 per page $5 $5 persheet $2 $2 persheet $8 $8 persheet = $171 $70.52 41% $171 100% = $171 varies varies $171 100% Appendix A: p. 20 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service 11 Contractor Business License a) Contractor Business License b) Deputy Inspector Contractor Business License c) plus, State Mandated Fee 12 1 Renewal of Expired Permits 13 Special Services (Charged for Special Inspections of Affected Floor Area) a) 0-2,500 sq ft b) 2,501-5,000 sq ft c) 5,001-7,500 sq ft d) 7,501-10,000 sq ft e) Each add'I 10,000 sq ft or fraction thereof Violation Fee 14 Investigation Fee For Work Done Without Permits or Work Done Outside Scope of Permit Other Fees 15 Building Code Appeal 16 Change of Use Inspection /Change of Occupancy Type/ Certification of Compliance, etc. 17 After Hours Inspection (per hour) (2 -hour minimum) 18 Re -inspection Fee (3rd Time or More) (each) 19 Missed inspection Fee 20 Fees for Services Not Listed in this Fee Schedule (per 1/2 hour) 21 Refunds a) Fees Erroneously Paid or Collected by the City b) Fees Prior to Construction Being Commenced c) Fees Prior to Plan Check Being Performed d) Expired Permits $219 $66 $4 varies I I I I varies 1 1 50% 1 varies 1.25 x $171 = $214 $212 99% 2.50 x $171 = $428 $425 99% 3.75 x $171 = $641 $641 100% 5.00 x $171 = $855 $854 100% 1.25 x $171 = $214 $222 104% 10.00 x $171 = $1,710 $1,530 Deposit + Admin varies Fee 1.00 x $171 = $171 $112 65% 1.20 x $171 = $205 $100 49% 0.50 x $171 = $86 $100 per hour 59% 0.50 x $171 = $86 $100 per hour 59% 0.50 x $171 = $86 $56 65% Proposed Fee $219 Proposed Cost Recovery Unit .- $66 $4 [a] 50% varies % of permit for new work [b] provided no changes to original work $214 100% $428 100% $641 100% $855 100% $214 100% 2x Permit Fee $1,700 99% minimum fee; [c] initial deposit $171 100% per inspection $205 100% per hour; 2 -hour min. $86 100% per inspection $86 100% per missed inspection $86 100% per 1/2 hour; 1/2 hour min. 100% refund [d] 80% refund of permit [e] fee 80% refund of plan [e] checkfee no refund [f] Appendix A: p. 21 City of Seal Beach User and Regulatory Fee Study Building Fees Calculation of Estimated Cost of Service Est. Labor Hours I Hourly Rate Cost of Svc [a] Fee established by State of California. [b] Renewal fee applies for suspension or abandonment not exceeding one year, provided no changes have been made or will be made in the original plan and specifications for such work. For suspension or abandonment exceeding one year, or with changes, a full charge shall be required. [c] The City reserves the right to collect additional fees to recover the costs of any specialized services required to review the appeal. [d] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [e] No fees are refundable once the work covered by them is commenced. [f] Whether work has commenced or not, no fees are refundable for any permit that has expired.. Appendix A: p. 22 User and Regulatory Fees Cost of Service Calculations Planning Fees Appendix A: p. 23 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Planning Fund # Fund Desc Dept # Dept Desc Account # Account Desc Total Adjust SubTotal tes 001 General Fund 030 Planning 001-030-40001 Full -Time Salaries $263,300 $0 $263,300 [a] 001 General Fund 030 Planning 001-030-40003 Overtime $500 $0 $500 [a] 001 General Fund 030 Planning 001-030-40004 Part -Time $7,200 ($7,200) $0 [a] 001 General Fund 030 Planning 001-030-40009 Cell Phone Allowance $400 $0 $400 [a] 001 General Fund 030 Planning 001-030-40011 Deferred Compensation $7,300 $0 $7,300 [a] 001 General Fund 030 Planning 001-030-40012 PERS Retirement $78,200 $0 $78,200 [a] 001 General Fund 030 Planning 001-030-40013 PARS Retirement $100 $0 $100 [a] 001 General Fund 030 Planning 001-030-40014 Health Insurance $28,500 $0 $28,500 [a] 001 General Fund 030 Planning 001-030-40015 AFLAC Cafeteria $100 $0 $100 [a] 001 General Fund 030 Planning 001-030-40017 Medicare Insurance $4,100 $0 $4,100 [a] 001 General Fund 030 Planning 001-030-40018 Life and Disability $2,000 $0 $2,000 [a] 001 General Fund 030 Planning 001-030-40019 FICA -Planning $100 $0 $100 [a] 001 General Fund 030 Planning 001-030-40023 Cafeteria -Taxable $200 $0 $200 [a] 001 General Fund 030 Planning 001-030-40027 Vacation Buy/Payout $3,400 $0 $3,400 [a] 001 General Fund 030 Planning 001-030-40032 Health and Wellness Fitness Pg $1,100 $0 $1,100 [a] 001 General Fund 030 Planning 001-030-40033 Medical Waiver $3,200 $0 $3,200 [a] 001 General Fund 030 Planning 001-030-40100 Office Supplies $2,000 $0 $2,000 [a] 001 General Fund 030 Planning 001-030-40200 Public/Legal Notices City Cle $0 $0 $0 [a] 001 General Fund 030 Planning 001-030-40300 Membership Dues $2,100 $0 $2,100 [a] 001 General Fund 030 Planning 001-030-40400 Training and Meetings $7,000 $0 $7,000 [a] 001 General Fund 030 Planning 001-030-44000 Contract Professional $59,000 ($59,000) $0 [a];[b] Total 1 $469,800 1 ($66,200)1 $403,600 Allocation of Central Services Total Costs for Allocation Description Direct Costs $469,800 Citywide Overhead Costs $176,411 Total $646,211 Appendix A: p. 24 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Planning Allocation of Annual Labor Effort General Admin; Mgmt; Policies; Procedures 13% $84,007 FY 19/20 Certification and Training 2% $12,924 $50,480 Public Information and Assistance 15% $96,932 $6,381 Planning -Advanced Planning 15% $96,932 30314 Plan Check Energy Code Complia Planning - General Council / City Support 20% $129,242 $9,285 Planning - Current PI'ng (Planning Stage) 30% $193,863 $78,958 Code Enforcement/Compliance (Punitive) 5% $32,311 $125,272 Total 100% $646,211 Allocation of Annual Costs to Core Service Areas Average Annual Revenues Account # Account Desc FY 17/18 FY 18/19 FY 19/20 Average Planning Fees $34,704 $50,480 $30,286 $38,490 30313 Plan Check Code Compliance $6,381 $3,194 $3,869 $4,481 30314 Plan Check Energy Code Complia $11,621 $8,235 $8,000 $9,285 39501-GPB General Plan - Building $55,846 $63,363 $78,958 $66,056 Total $108,552 $125,272 $121,113 $118,312 Current Cost Recovery [a] Source: FY 20/21 adopted budget. [b] Adjustment to avoid double counting. Amount accounted for in long-range planning fee analysis. [c] For advanced planning expenditures see worksheet labeled "General Plan / Long Range Plans Update Fee - Calculation of Estimated Cost of Service". Appendix A: p. 25 City of Seal Beach User and Regulatory Fee Study Calculation of Fully -Burdened Hourly Rate - Planning Fully -Burdened Hourly Rate Descriptiia`n�� Total Adjustment Total Note Total Costs Direct Hours $646,211 ($66,200) $580,011 [a] 2,815 Fully -Burdened Hourly Rate $206 Calculation of Cost Multiplier for Fully -Burdened Hourly Rate (Apply to Base Salary Cost Per Hour) Description Annual Hours PerMWEr FTE Total Annua Hourly Wage Rate Only Assuming Fully -Burdened Indirect Cost Rate mated Salaries Total Annual Hours Hourly Rate Multiplier Calculation of Fully -Burdened Hourly Rate by Position [a] Adjustment to exclude contract service costs and part-time labor costs. Appendix A: p. 26 City of Seal Beach User and Regulatory Fee Study Allocation of Annual Labor Effort - Planning Appendix A: p. 27 City of Seal Beach User and Regulatory Fee Study Planning Fees Calculation of Estimated Cost of Service 1 Conditional Use Permit - Non -Residential Districts a) Minor Conditional Use Permit (MCUP) per application 8.0 x $206 = $1,648 $578 35% b) Conditional Use Permit (CUP) per application 40.0 x $206 = $8,240 $1,550 19% 2 Design Review - Residential Districts a) Minor Design Review per application 8.0 x $206 = $1,648 $578 35% b) Design Review per application 40.0 x $206 = $8,240 $1,550 19% 3 Variance per application 20.0 x $206 = $4,120 $1,550 38% 4 General Plan /Zoning Map Amendment per application 40.0 x $206 = $8,240 $3,500 42% 5 Planned Unit Development per application 120.0 x $206 = $24,720 $3,082 12% 6 Modification to Discretionary Approval a) Minor - Staff Review per application 16.0 x $206 = varies n/a b) Major - Planning Commission Review per application 28.0 x $206 = varies n/a 7 Historical Preservation Designation per application 12.0 x $206 = $2,472 $578 23% 8 Site Plan Review a)Minor per application 20.0 x $206 = $4,120 $310-$1,240 varies b)Major per application 32.0 x $206 = $6,592 $310-$1,240 varies 9 Radius Map Processing per application $300 $0 0% 10 Concept Approval (Coastal) per application 12.0 x $206 = $2,472 $288 12% 11 Specific Plan per application 120.0 x $206 = $24,720 $11,200 45% 12 Appeal a) Appeal by Applicant i) Appeal to Director of Community Development per appeal 8.0 x $206 = $1,648 $1,155 - varies varies ii) Appeal to Planning Commission per appeal 16.0 x $206 = $3,296 $1,155 - varies varies iii) Appeal to City Council per appeal 16.0 x $206 = $3,296 $1,155 - varies varies b) Appeal by non -applicant (e.g., neighboring resident) i) Appeal to Director of Community Development per appeal 8.0 x $206 = $1,648 $1,155 - varies varies ii) Appeal to Planning Commission per appeal 16.0 x $206 = $3,296 $1,155 - varies varies iii) Appeal to City Council per appeal 16.0 x $206 = $3,296 $1,155 - varies varies Appendix A: p. 28 City of Seal Beach User and Regulatory Fee Study Planning Fees Calculation of Estimated Cost of Service 13 Pre -Application per case 12.0 x $206 = $2,472 $231 9% 14 Property Profile per application 4.0 x $206 = $824 $145 18% 15 Planning Commission Interpretation per application 8.0 x $206 = $1,648 $517 31% 16 Sober Living Investigation Cost per application 12.0 x $206 = $2,472 $577 23% 17 Temporary Banner Permit a) One Banner per application 1.0 x $206 = $206 $50 24% b) Add'I Banner(s) per application 0.5 x $206 = $103 $5 5% 18 Tentative Map a) Parcel Map i) Tentative Parcel Map per application 40.0 x $206 = $8,240 $1,550 19% ii) Tentative Parcel Map Revision per application 28.0 x $206 = $5,768 $1,550 27% b) Tract Map i) TTM - Less than 5 acres per application 50.0 x $206 = $10,300 $2,309 22% ii) TTM - 5 - 20 acres per application 60.0 x $206 = $12,360 $2,309 19% iii) TTM - More than 20 acres per application 80.0 x $206 = $16,480 $2,309 14% iv) TTM - Revision per application 32.0 x $206 = $6,592 $2,309 35% 19 Special Event/ Temporary Use Permit a) TUP - Minor per application 4.0 x $206 = $824 $180-$340 varies b) TUP - Major per application 10.0 x $206 = $2,060 $180-$340 varies 20 Signs a) Sign Program i) Sign Program Review per application 30.0 x $206 = $6,180 $1,550 25% ii) Sign Program Amendment a) Staff Review per application 21.0 x $206 = $4,326 $1,550 36% b) Planning Commission Review per application 20.0 x $206 = $4,120 $1,550 38% b) Sign Permit i) Sign Permit - Less than 30 SF per application 4.0 x $206 = $824 $77 9% ii) Sign Permit - More than 30 SF per application 6.0 x $206 = $1,236 $77 6% 21 Development Agreement a) Development Agreement Review per application varies varies $30,000 Dep varies b) Development Agreement Amendment per application varies varies $30,000 Dep varies Appendix A: p. 29 City of Seal Beach User and Regulatory Fee Study Planning Fees Calculation of Estimated Cost of Service 22 Extension of Time Review a) Staff Review per application 8.0 x $206 = $1,648 n/a n/a $824 50% b) Planning Commission Review per application 16.0 x $206 = $3,296 n/a n/a $1,648 50% c) City Council Review per application 20.0 x $206 = $4,120 n/a n/a $2,060 50% 23 Environmental Assessment a) Environmental Assessment/Initial Study per application 12.0 x $206 = $2,472 $1,800 Dep varies $2,500 Dep 100% b) Exemption per application 4.0 x $206 = $824 $1,100 Dep varies $618 75% c) Negative Declaration per application 56.0 x $206 = $11,536 $2,000 Dep varies $10,000 Dep 100% d) Mitigated Negative Declaration per application 78.0 x $206 = $16,068 $2,000 Dep varies $15,000 Dep 100% e) Environmental Impact Report (EIR) Review per application 96.0 x $206 = $19,776 $30,000 Dep varies $20,000 Dep 100% 24 Public Works Engineering Plan Review (Fees Only Applied to Projects Requiring Review) a) Site Plan Review I) Major per application 8.0 x $184 = $1,472 varies varies $1,472 100% ii) Minor per application 5.0 x $184 = $920 varies varies $920 100% b) Concept Approval - Coastal per application 3.0 x $184 = $552 varies varies $276 50% c) Specific Plan per application varies varies $10,000 Dep 100% d) Development Agreement per application varies varies $10,000 Dep 100% e) Environmental Assessment per application varies varies $10,000 Dep 100% f) Permits / Plan checks not listed above per application varies varies See footnote 100% [a] 25 Technology Fee (percent of fixed fee or hourly billing rate) 11% n/a 5% 44% 26 Rates for Services Not Specified in this Schedule a) In -House Planning Staff per hour 1.0 x $206 = $206 $206 100% b) Engineering Staff per hour 1.0 x $184 = $184 $184 100% c) Contract Service Support Time & M'tls Actual + 15% Admin 100% [a] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application * Note: Design Review - Residential Districts also referenced as Minor Use Permit. Appendix A: p. 30 User and Regulatory Fees Cost of Service Calculations Engineering, Encroachment, and Utility Services Fees Appendix A: p. 31 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Engineering and Encroachment Permitting Fund # T Fund Desc M� Service Description Account Desc Total Adjust SubTotal Notes 001 General Fund Engineering & Encroachment Permitting Salaries $ 175,379 $ $ 175,379 [a] 001 General Fund Engineering & Encroachment Permitting Benefits 33% $ 57,875 $ $ 57,875 [b] 001 General Fund Engineering & Encroachment Permitting Services and Supplies $ 5,000 $ $ 5,000 [c] 001 General Fund Engineering & Encroachment Permitting Contract Svcs. (e.g., inspection) $ 25,000 $ (25,000) $ - [d] Pass-thru Pass-thru Engineering & Encroachment Permitting Contract Svcs. (e.g., inspection) $ - $ 135,642 $ 135,642 [d] Total 1 $ 263,254 1 $ 110,642 1 $ 373,896 Allocation of Central Services Total Costs for Allocation Description Total Notes Direct Costs $ 373,896 Citywide Overhead Costs $ 117,504 Total $ 491,400 Allocation of Annual Labor Effort Average Annual Revenues ir,.unt 7#V Account D- 1 Average 30801 DPW Permit Application Fees $ 8,466 $ 10,504 $ 15,035 $ 11,335 30815 -Eng Engineering Inspection Fee $ 17,706 $ 5,700 $ 1,350 $ 8,252 30825 -Eng Engineering Plan Check Fee $ 19,381 $ 22,055 $ 41,314 $ 27,583 30873 Engineering Permit Fee $ 4,922 $ 3,650 $ 4,325 $ 4,299 Pass-thru Contract Svcs Deposit $ 98,884 $ 73,696 $ 234,346 $ 135,642 Total $ 149,359 1 $ 115,605 1 $ 296,371 1 $ 187,111 Appendix A: p. 32 City of Seal Beach User and Regulatory Fee Study Cost Recovery Analysis - Engineering and Encroachment Permitting Current Cost Recovery Nescription I • al �"• - Revenue $187,111 Expenditures $491,400 Cost Recovery Rate 38% General Fund Subsidy $304,289 [a] Based on current labor allocation typically providing fee -related services. See accompanying worksheet for details. [b] Based on typical City ratio of benefits to full-time salaries. [c] Based on typical City ratio of benefits to full-time salaries. [d] Amount will fluctuate from year to year. Amount intended to serve as reasonable estimate of fee -related contract services. Appendix A: p. 33 City of Seal Beach User and Regulatory Fee Study Calculation of Fully -Burdened Hourly Rate - Engineering Fully -Burdened Hourly Rate Total Total Costs Direct Hours $491,400 ($135,642) $355,758 [a] 1,936 [b] Fully -Burdened Hourly Rate $184 Calculation of Cost Multiplier for Fully -Burdened Hourly Rate (Apply to Base Salary Cost Per Hour) Calculation of Fully -Burdened Hourly Rate by Position Senior Water Operator 1 $ 77,968 1 1.00 1 $ 77,968 1 $ 37 ] 3.38 1 $ 127 1 1 I Contract Service Inspection 1 $ 138 1 1.25 1 $ 173 1 [d] I Calculation of Productive Hours Per FTE [a] Adjustment to exclude contract service costs and part-time labor costs. [b] Represents direct hours of in-house personnel. Additional annual hours spent for contract services. [c] This rate can be multiplied against base wage rate per hour (top step), to calculate fully -burdened hourly billing rates for PW fee -related services. [d] Base rate for contract inspection services multiplied by reasonable overhead rate to capture citywide and departmental indirect services supporting contract services. Appendix A: p. 34 Total Hours Per FTE Less: Adjust for Leave 2,080 (216) Productive Hours Per FTE 1,864 Direct Hours % 67% Direct Hours Per FTE 1,249 [a] Adjustment to exclude contract service costs and part-time labor costs. [b] Represents direct hours of in-house personnel. Additional annual hours spent for contract services. [c] This rate can be multiplied against base wage rate per hour (top step), to calculate fully -burdened hourly billing rates for PW fee -related services. [d] Base rate for contract inspection services multiplied by reasonable overhead rate to capture citywide and departmental indirect services supporting contract services. Appendix A: p. 34 City of Seal Beach User and Regulatory Fee Study Public Works Fees Calculation of Estimated Cost of Service 1 General Permits (no additional application fees) a) Banner Permits b) Temporary Street / Sidewalk Closure / Dumpster Permit 2 Fats, Oil, & Grease (FOG) a) Annual Permit b) Plan Check c) Grease Control Device Lid Inspection i) Reinspection d) Best Management Plan (BMP) Program Inspection i) Reinspection e)Grease Disposal Mitgation /Waiver 3 Construction Meter a) Hydrant Meter Installation b) Hydrant Meter Daily Rental Rate c) Hydrant Water Water Use Deposit d) Replacement/Damage Meter e) Cost of Water 4 Fire Flow Test 5 Small Wireless & Eligible Facilities a) Permit Application Fee (up to 5 sites) i) Each additional site b)New Pole/Structure (each) c)Permit Review Fee (per facility / site) 6 Permit Application Fee 7 Permit Time Extension/Reissuance 8 Archival Fee (calculated as % of permit, plan check, and inspection fees. Not application fees) 9 Work without Permit 10 Utility Deposit Account Establishment 1.00 x $184 = $184 $50 27% 1.00 x $184 = $184 $55 30% 1.50 x $184 = $276 $51 18% 6.00 x $184 = $1,104 $229 21% 0.25 x $184 = $46 $31 67% 0.25 x $184 = $46 $31 67% 0.50 x $184 = $92 $61 66% 0.50 x $184 = $92 $61 66% 3.00 x $184 = $552 $510 92% 2.00 x $127 = $254 $130 51% 4.25 x $127 = $540 $714 132% 1.00 x $200 = $200 $46 100% 0.75 x $200 = $150 100% $92 6.00 x $200 = $1,200 $254 100% 20.00 x $200 = $4,000 $1,500 1.00 x $184 = $184 $100 54% 1.00 x $184 = $184 100% $1,200 Proposed Fee $184 Cost Recove 100% $184 100% $276 100% $1,000 91% $46 100% $46 100% $92 100% $92 100% $552 100% $254 100% $10 $1,500 $1,500 see rate schedule $540 100% $200 100% $150 100% $1,200 100% $4,000 100% $184 100% $184 100% 2% 2x Base Fees $1,000/year Appendix A: p. 35 City of Seal Beach User and Regulatory Fee Study Public Works Fees Calculation of Estimated Cost of Service 11 Enroachment Permits $500 varies $500 varies a)Encroachment Permit -Type A (no plan check) 1.00 x $200 = $200 $2,000 deposit b) Encroachment Permit - Type B (minor plan check required) varies x $200 = varies 43% c) Encroachment Permit - Type C (major plan check required) varies x $200 = varies d) Non -Standard Enroachment Agreement 5.00 x $200 = $1,000 12 Development Plan Check Fees (up to 3 plan checks) $600 100% $2,400 a) Single Dwelling Unit Residential 20.00 x $200 = $4,000 b) Double/Triple Dwelling Unit Residential 30.00 x $200 = $6,000 100% c) 4+ Dwelling Units varies x $200 = varies $600 d) Commericial/Industrial - 1 (<5,000 SF) 35.00 x $200 = $7,000 e) Commericial/Industrial -11 (>5,000 SF) varies x $200 = varies 100% f) Additional Rechecks (over 3 plan checks) 3.00 x $200 = $600 13 WQMP (up to 3 plan checks) $2,000 100% a) Single Dwelling Unit Residential 12.00 x $200 = $2,400 b) Double/Triple Dwelling Unit Residential 15.00 x $200 = $3,000 c) 4+ Dwelling Units varies x $200 = varies d) Commericial/Industrial -1 (<5,000 SF) 25.00 x $200 = $5,000 e) Commericial/Industrial - II (>5,000 SF) varies x $200 = varies f) Additional Rechecks (over 3 plan checks) 3.00 x $200 = $600 14 Subdivision a) Lot Line Adjustment 10.00 x $200 = $2,000 b) Record of Survey 10.00 x $200 = $2,000 c) Parcel Map i) Base Fee (per map) 15.00 x $200 = $3,000 ii) Additional Per Lot Fee 0.50 x $200 = $100 e) Tract Map varies x $200 = varies f) Certificate of Compliance 10.00 x $200 = $2,000 g) City Map Filing Fee 1.00 x $200 = $200 15 Transportation (no separate permit application fee) a) Oversized Vehicle Transportation Permit i) One Day ii) Annual $155 78% $500 varies $500 varies T&M w/ deposit varies $1,500 deposit 38% $2,000 deposit 33% $2,000 deposit varies $3,000 deposit 43% $5,000 deposit varies varies varies $1,500 deposit $2,000 deposit $2,000 deposit $3,000 deposit $5,000 deposit varies $1,000 deposit $1,000 deposit $2,500 deposit $6,000 deposit $270 $185 $35 $35 63% 67% varies 60% varies varies 50% 50% 83% varies 14% 93% Proposed Fee $200 Proposed Cost Recovery 100% Note See footnote 100% [a] T&M w/ deposit 100% $1,000 100% $4,000 100% $6,000 100% T&M w/ deposit 100% $7,000 100% T&M w/ deposit 100% $600 100% $2,400 100% $3,000 100% T&M w/ deposit 100% $5,000 100% T&M w/ deposit 100% $600 100% $2,000 100% $2,000 100% $3,000 100% $100 100% T&M w/ deposit 100% $2,000 100% $200 100% $16 $90 Appendix A: p. 36 City of Seal Beach User and Regulatory Fee Study Public Works Fees Calculation of Estimated Cost of Service 16 Inspection a) Water Quality/BMP i) Regular ii) Overtime b) Utility i) Regular ii) Overtime c) General i) Regular ii) Overtime d) Reinspection/Excess Inspection/Missed Inspection i) Regular ii) Overtime 17 Technology Fee (percent of fixed fee or hourly billing rate) 18 Permits/Plan Checks not specifically listed [a] Engineer/technician to determine hours and applicable fee at time of application. 1.00 x $184 = $184 1.00 x $221 = $221 1.00 x $184 = $184 1.00 x $221 = $221 1.00 x $184 = $184 1.00 x $221 = $221 1.00 x $184 = $184 1.00 x $221 = $221 5% 44% 11% varies varies Proposed Fee $184 Proposed Cost Recovery 100% Note $221 100% $184 100% $221 100% $184 100% $221 100% $184 100% $221 100% 5% 44% T&M w/ deposit Appendix A: p. 37 User and Regulatory Fees Cost of Service Calculations General Plan Update Fee Appendix A: p. 38 City of Seal Beach User and Regulatory Fee Study General Plan / Long Range Plans Update Fee Calculation of Estimated Cost of Service General Plan / Long Range Plans Update Fee [a] Amounts intended to represent conservative estimates. [b] Source: See worksheet labeled Cost Recovery Analysis - Planning. Appendix A: p. 39 Current Cost Full Cost Target Cost Surcharge 6 7 8 Calculation Revenue Cost Cost Recovery Recovery $66,056 $205,140 32% Recovery $205,140 $205,140 100% Recovery Notes $84,000 $205,140 41% 9 General Fund Subsidy $139,085 $0 $121,140 10 Fee 0.20% 0.62% 0.25% [a] Amounts intended to represent conservative estimates. [b] Source: See worksheet labeled Cost Recovery Analysis - Planning. Appendix A: p. 39 User and Regulatory Fees Cost of Service Calculations Technology / GIS Update Fee Appendix A: p. 40 City of Seal Beach User and Regulatory Fee Study Technology/ GIS Update Fee Calculation of Estimated Cost of Service Technology/ GIS Update - Building Fee Portion [a] Amounts intended to represent conservative estimates of amortized annual costs. [b] Amount will vary annually. Amount intended to represent a reasonable estimate. Appendix A: p. 41 City of Seal Beach User and Regulatory Fee Study Technology/ GIS Update Fee Calculation of Estimated Cost of Service Technology / GIS Update - Planning and Public Works Fee Portion Estimated Annual Costs 2 Anticipated Fee Revenues and Billings - Planning $200,000 [b] 3 Anticipated Fee Revenues and Billings - PW $200,000 [b] 4 Total $400,000 [a] Amounts intended to represent conservative estimates of amortized annual costs. [b] Amount will vary annually. Amount intended to represent a reasonable estimate. Appendix A: p. 42 User and Regulatory Fees Cost of Service Calculations Specialized Training Fee Appendix A: p. 43 City of Seal Beach User and Regulatory Fee Study Specialized Training Fee Calculation of Estimated Cost of Service Specialized Training Fee Surcharge Calculation Current Cost Recovery Full Cost Recovery Target " Recove:r-OySII .- 4 5 6 Revenue Cost Cost Recovery $2,200 $5,100 43% $7,500 $5,100 147% $4,400 $5,100 86% 7 General Fund Subsidy $2,900 ($2,400) $700 8 Fee $1.50 $5.11 $3.00 [a] Amounts intended to represent conservative estimates of amortized annual costs. [b] Amount will vary annually. Amount intended to represent a reasonable estimate. Appendix A: p. 44 ILLUSTRATION OF PROPOSED FEE CHANGES CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 18 Illustration of Proposed Fee Changes Appendix B: p. 1 City of Seal Beach Illustration of Proposed Fee Changes Note: This Fee Schedule does not include all fees, rates, or charges that may be imposed by the City of Seal Beach. Examples of excluded items include, but are not limited to, development impact fees, utility rates, and punitive fines and penalties. BUILDING FEES PLANNING FEES 19 ENGINEERING AND ENCROACHMENT PERMIT FEES 22 Appendix B: p. 2 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES A. Fees for Commonly Requested Stand -Alone Building Permit Types. Fees shown in this section (Section A.) include applicable permit issuance, inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Activity Description Current Fee Proposed Fee 1 HVAC Change -Out- Residential varies $128 $64 50% 2 HVAC Change -Out- Commercial (per unit) varies $214 $214 100% 3 Residential Solar Photovoltaic System - Solar Permit a) 15kW or less $0 $299 $299 100% b) Above 15kW — base $299 c) Above 15kW — per kW $15 4 Commercial Solar Photovoltaic System - Solar Permit a) 50kW or less $1,106 $1,000 b) SOkW — 250kW — Base $1,106 $1,000 c) 50kW — 250kW — per kW above 50kW $8 $7 d) Above 25OkW — base $2,657 $2,400 e) Above 250kW — per kW $5 $5 5 Service Panel Upgrade - Residential varies $147 $74 50% 6 Service Panel Upgrade - Commercial varies $214 $214 100% 7 Water Heater Change -Out $28 $86 $30 35% 8 LineRepair- Sewer/Water/Gas varies $147 $147 100% 9 Re -Roof a) Up to 2,000 SF varies $257 $257 100% b) Each Add'I 1,000 SF or fraction thereof varies $86 $86 100% 10 Demolition varies $128 $128 100% Appendix B: p. 3 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES A. Fees for Commonly Requested Stand -Alone Building Permit Types. Fees shown in this section (Section A.) include applicable permit issuance, inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Activity Description Current Fee Proposed Fee 11 Swimming Pool/Spa a) Swimming Pool / Spa varies $855 $855 100% b) Detached Spa / Water Feature varies $257 $257 100% c) Gunite Alteration varies $428 $428 100% d) Equipment Change -out Alone varies $214 $214 100% 12 Patio a) Standard (Wood/Metal Frame) i) Up to 200 SF varies $214 $214 100% ii) Greater than 200 SF varies $299 $299 100% b) Upgraded (with electrical, stucco, fans, etc.) i) Up to 200 SF varies $428 $428 100% ii) Greater than 200 SF varies $513 $513 100% 13 Window/ Sliding Glass Door/Sola-Tube a) Retrofit/ Repair i) Up to 5 $28 each $128 $128 100% ii) Each additional 5 $28 each $43 $43 100% b) New/ Alteration i) First varies $257 $257 100% ii) Each additional varies $64 $64 100% Appendix B: p. 4 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES B. Miscellaneous Item Permits 1 Block Wall/ Retaining/Combo Wall a) Block Wall i) First 100 LF varies $128.25 $128.25 100% ii) Each additional 50 LF varies $28.50 $28.50 100% b) Retaining / Combination Wall - Each 50 LF varies $57.00 $57.00 100% 2 Fence a) First 100 LF varies $128.25 $128.25 100% b) Each additional 50 LF varies $28.50 $28.50 100% 3 Sign a) Monument Sign - First varies $256.50 $256.50 100% b) Monument Sign - Each Additional varies $28.50 $28.50 100% c) Wall/Awning Sign - First varies $142.50 $142.50 100% d) Wall/Awning Sign - Each Additional varies $28.50 $28.50 100% 4 Tent a) Up to 1,000 SF b) Each additional 1,000 SF or fraction thereof * Current fees vary based on project valuation. varies $128.25 varies $28.50 $128.25 100% $28.50 100% Note Appendix B: p. 5 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES C. Electrical Code Fees ProposedActivity Description 1 Electrical Services a) Each service switch 300 volts or less $0.02 $0.30 $0.30 100% b) Each service switch 301 to 600 volts $0.05 $0.35 $0.35 100% c) Each service switch over 600 volts $0.09 $0.40 $0.40 100% 2 Electrical Systems in new structures or building additions — the following charges shall apply to electrical systems contained within or on any new structure, including new additions to existing structures a) Warehouse - that part which is over 5,000 SF b) Storage garages where no repair work is done c) Aircraft hangers where no repair work is done d) Residential accessory buildings attached or detached such as garages, carports, sheds, etc. e) Garages and carports for motels, hotels, and commercial parking f) Warehouses up to and including 5,000 SF g) All other occupancies not listed area that is over 5,000 SF h) for all other occupancies not listed up to and including 5,000 SF i) for temporary wiring during construction $0.0069 $0.021 $0.021 100% $0.0069 $0.021 $0.021 100% $0.0069 $0.021 $0.021 100% $0.016 $0.043 $0.043 100% $0.016 $0.043 $0.043 100% $0.016 $0.043 $0.043 100% $0.016 $0.043 $0.043 100% $0.031 $0.086 $0.086 100% $0.0032 $0.017 $0.017 100% 3 Temporary Service a) Temporary for construction service, including poles $19 $57 $57 100% or pedestals b) Approval for temporary use of permanent service $19 $57 $57 100% equipment prior to completion of structure of final inspection c) Additional supporting poles $6 $14 $14 100% d) Service for decorative lighting, seasonal sales lot, $10 $29 $29 100% etc. Note Appendix B: p. 6 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES C. Electrical Code Fees 3escription Current Fee ' Maximum Fee ' Proposed Fee ' Proposed Cost Recovery ' Note 4 Miscellaneous a) Area lighting standards i) up to and including 10 on a site $6 $14 $14 100% ii) over 10 on a site $2.79 $6 $6 100% b) Private residential swimming pools, including supply $38 $57 $57 100% wiring, lights, motors, and bonding c) Commercial swimming pools $74 $114 $114 100% d) Inspection for reinstallation of idle meter (removed $14.21 $29 $29 100% by utility company) 5 Illuminated Signs -New, Relocated, or Altered a) Up to and including 5 sq ft $14.21 $29 $29 100% b) Over 5 sq ft and not over 25 sq ft $17.00 $43 $43 100% c) Over 25 sq ft and not over 50 sq ft $22.86 $57 $57 100% d) Over 50 sq ft and not over 100 sq ft $31.22 $71 $71 100% e) Over 100 sq ft and not over 200 sq ft $34.01 $86 $86 100% f) Over 200 sq ft and not over 300 sq ft $42.65 $100 $100 100% g) Over 300 sq ft $0.15 $0.35 $0.35 100% 6 Overhead Line Construction - poles and anchors $5.42 $14 $14 100% 7 Alternate Cost Schedule a) Alterations, additions, and new construction where $4.25 $14 $14 100% no structural work is being done or where it is impractical to use a SF schedule; convert to units as follows b) For each outlet where current is used or controlled $4.25 $14 $14 100% c) For each lighting fixture where current is used or $4.25 $14 $14 100% d) Switches $4.25 $14 $14 100% e) Subpanel $4.25 $14 $14 100% f) Feeder $4.25 $14 $14 100% g) Bathroom Exhaust Fan $4.25 $14 $14 100% Appendix B: p. 7 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES C. Electrical Code Fees Note 8 Power Apparatus For equipment rated in horsepower (HP), kilowatts (kW), or kilovolt- amperes (KVA), the charge for each motor, transformer, and/or appliance shall be: a) 0 to 1 unit b) Over 1 unit and not over 10 units c) Over 10 units and not over 50 units d) Over 50 units and not over 100 units e) Over 100 units $4.30 $14 $14 100% $9.48 $29 $29 100% $18.44 $43 $43 100% $37.97 $57 $57 100% $56.42 $86 $86 100% 9 Miscellaneous apparatus, conduits, and conductors for $13.83 $29 $29 100% electrical apparatus, conduits and conductors for which a permit is required, but for which no charge is herein set forth [a] For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the charges. These charges shall include all switches, circuit breakers, contractors, relays, and other directly related control equipment. Appendix B: p. 8 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES D. Plumbine Code Fees Activity Description 1 Plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and back flow protection) Current Fee $7.59 $14 Proposed Fee $14 100% 2 Building sewer and trailer park sewer $16.27 $29 $29 100% 3 Rainwater system — per drain (inside building) $7.59 $14 $14 100% 4 Cesspool (where permitted) $28.21 $43 $43 100% 5 Private sewage disposal system $44.48 $86 $86 100% 6 Water heater and/or vent $7.59 $14 $14 100% 7 Gas piping system of 1 to 5 outlets $5.42 $14 $14 100% 8 Additional gas piping system per outlet $1.38 $3 $3 100% 9 Industrial waste pre-treatment interceptor, including its trap and vent, except kitchen type grease interceptors functioning as fixture traps $7.59 $14 $14 100% 10 Water piping and/or water treating equipment— installation, alteration, or repair $84.02 $128 $128 100% 11 Main Water Line $7.59 $14 $14 100% 12 Drain, vent or piping (new) $7.59 $14 $14 100% 13 Drainage, vent repair, or alteration of piping $7.59 $14 $14 100% 14 Lawn sprinkler system or any one meter including back flow protection devices $7.59 $14 $14 100% Appendix B: p. 9 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES D. Plumbine Code Fees Activity Description Proposed Fee 15 Atmospheric type not included in Item 12 a) Ito 5 $7.59 $14 $14 100% b) 6 or more $1.08 $3 $3 100% 16 Back flow protective devices other than atmospheric type vacuum breakers a) 2 inch diameter or less $7.59 $14 $14 100% b) Over 2 inch diameter $16.27 $29 $29 100% 17 Gray water system $44.48 $86 $86 100% 18 Reclaimed water system initial installation and testing $33.63 $57 $57 100% 19 Reclaimed water system annual cross -connection testing $33.63 $57 $57 100% (excluding initial test) 20 Sewer connection permit $28.21 $43 $43 100% Appendix B: p. 10 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES E. Mechanical Code Fees Activity Description Proposed Fee 1 Forced are or gravity -type furnace or burner, including ducts and vents attached to such appliance - each installation or relocation a) To and including 100,000 BTU/H $14.77 $29 $29 100% b) Over 100,000 BTU/H $18.12 $43 $43 100% 2 Floor furnace, including wall heater, or floor -mounted $14.77 $29 $29 100% unit heater - each installation or relocation 3 Suspended heater, recessed wall heater or floor mounted $14.77 $29 $29 100% unit heater - each installation, relocation, or replacement 4 Appliance vent installed and not included in an appliance $7.25 $14 $14 100% permit - each installation, relocation, or replacement 5 Heating appliance, refrigeration unit, cooling unit, $13.66 $29 absorption unit - each repair, alteration, or addition to and including 100,000 BTU/H 6 Boiler or compressor to and including 3 horsepower, or $14.77 $29 absorption system to and including 100,000 BTU/H - each installation or relocation 15 horsepower or each absorption system over 100,000 BTU/H to and including 500,000 BTU/H - each installation or relocation $29 $29 100% 100% 8 Boiler or compressor over 15 horsepower to and $37.07 $86 $86 100% including 30 horsepower or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H - each installation or relocation 9 Boiler or compressor over 30 horsepower to and $55.19 $114 $114 100% including 50 horsepower or each absorption system over 1,000,000 BTU/H to and including 1,750,000 BTU/H - each installation or relocation 10 Boiler or compressor over 50 horsepower or each $92.27 $171 $171 100% absorption system over 1,750,000 BTU/H - each installation or relocation Appendix B: p. 11 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES E. Mechanical Code Fees Activity Description Current Fee Proposed... - 11 Air -handling unit to and including 10,000 cubic feet per $10.59 $14 $14 100% [a] minute, including ducts attached thereto 12 Registers $10.59 $14 $14 100% 13 Air -handling unit over 10,000 CFM $18.01 $29 $29 100% 14 Evaporative cooler other than portable type $10.59 $14 $14 100% 15 Ventilation system which is not a portion of any heating $10.59 $14 $14 100% or air conditioning system authorized by a permit 16 Ventilation fan connected to a single duct $7.25 $14 $14 100% 17 Installation or relocation of each domestic type $18.12 $29 $29 100% incinerator 18 Installation of each hood that is served by mechanical $10.59 $14 $14 100% exhaust, including ducts for such hood 19 Installation or relocation of each commercial or industrial $74.16 $114 $114 100% type incinerator 20 Duct extensions, other than those attached $5.54 $9 $9 100% 21 Gas Piping a) Up to 4 outlets $6.13 $14 $14 100% b) Each additional outlet $1.00 $3 $3 100% 22 Appliance or piece of equipment regulated by the $10.59 $29 $29 100% California Mechanical Code, but not classified in other appliance categories or for which no other charge is listed in this Code [a] This charge shall not apply to an air -handling unit that is a portion of a factory assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in this schedule Appendix B: p. 12 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - CURRENT BUILDING FEES Determination of Valuation for Fee -Setting Purposes • Project valuations determined by most recent published International Code Council (ICC) Building Valuation Table or by Contractors signed contract. Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire - extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall beset by the Building Official. The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities. Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit processing. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable. F. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Combined Mechanical, Electrical, and/or Plumbing Permits $500 or Less $501 to $2,000 $92.15 for the first $500 $2,001 to $25,000 1 $146.46 for the first $2,000 $25,001 to $50,000 1 $518.17 for the first $25,000 $50,001 to $100,000 1 $799.61 for the first $50,000 $100,001 to $500,000 1 $1,189.83 for the first $100,000 $500,001 to $1,000,000 1 $3,687.17 for the first $500,000 $1,000,001 and up I $6,332.84 for the first $1,000,000 10% of permit valuation plus $3.62 for each add'I $1,000 or fraction thereof, 72% to and including $1,000 plus $16.16 for each add'I $1,000 or fraction thereof, 86% to and including $1,000 plus $11.26 for each add'I $1,000 or fraction thereof, 76% to and including $1,000 plus $7.80 for each add'I $1,000 or fraction thereof, 78% to and including $100,000 plus $6.24 for each add'I $1,000 or fraction thereof, 70% to and including $500,000 plus $5.29 for each add'I $1,000 or fraction thereof, 67% to and including $1,000,000 plus $4.50 for each additional $1,000 or fraction 77% thereof over $1,000,000 Appendix B: p. 13 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - PROPOSED BUILDING FEES Determination of Valuation for Fee -Setting Purposes • Project valuations determined by most recent published International Code Council (ICC) Building Valuation Table or by Contractors signed contract. Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire - extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall beset by the Building Official. The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities. Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit processing. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable. F. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Combined Mechanical, Electrical, and/or Plumbing Permits $500 or Less $501 to $2,000 $108.00 for the first $500 $2,001 to $25,000 1 $171.00 for the first $2,000 $25,001 to $50,000 1 $684.00 for the first $25,000 $50,001 to $100,000 1 $1,026.00 for the first $50,000 $100,001 to $500,000 1 $1,710.00 for the first $100,000 $500,001 to $1,000,000 1 $5,472.00 for the first $500,000 $1,000,001 and up I $8,208.00 for the first $1,000,000 10% of permit valuation plus $4.20 for each add'I $1,000 or fraction thereof, 84% to and including $1,000 plus $22.31 for each add'I $1,000 or fraction thereof, 100% to and including $1,000 plus $13.68 for each add'I $1,000 or fraction thereof, 100% to and including $1,000 plus $13.68 for each add'I $1,000 or fraction thereof, 100% to and including $100,000 plus $9.41 for each add'I $1,000 or fraction thereof, 100% to and including $500,000 plus $5.47 for each add'I $1,000 or fraction thereof, 100% to and including $1,000,000 plus $4.65 for each additional $1,000 or fraction 100% thereof over $1,000,000 Appendix B: p. 14 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES G. Buildine Plan Review Fees Activity Description 1 Plan Check Fees - Building a) Building Plan Review Fee, if applicable 65% 65% 65% 100% [a] b) Mechanical, Electrical, or Plumbing Plan Review Fee, if 65% 65% 65% 100% [a] applicable c) Expedited Plan Check (when applicable) Additional 50% of standard plan check Additional 50% of standard plan check [a] d) State Accessibility Code Compliance, if applicable 5% 5% [a] e) State Mandated Energy Compliance, if applicable 5% 5% [a] f) Soils and/or Geotechnical Reports i) In -House Review $443 $684 $684 100% ii) Third Party Review Actual Cost +Admin Charge Actual Cost+ 15% Admin Charge 100% g) Alternate Materials and Materials Review (per hour) $110 $171 $171 100% h) Excess Plan Review Fee (4th and subsequent) (per hour) $110 $171 $171 100% 2 Building Plan Check Fees -Public Works Engineering (Fees Only Applied to Projects Requiring Review) a) Swimming Pool n/a $184 $184 100% b) Block Wall n/a $92 $92 100% c)Fence n/a $92 $92 100% d) Sign n/a $92 $92 100% e) Alterations/Additions - Residential n/a $138 $138 100% f) New Construction - Single Family Residential n/a $368 $368 100% g) New Construction - 2-4 Residential Units n/a $552 $552 100% h) New Construction - 5+ Residential Units n/a $1,104 $1,104 100% i) New Construction - Non -Residential n/a $736 $736 100% j) Alterations/Additions - Non -Residential n/a $184 $184 100% k) Permits / Plan checks not listed above n/a See footnote [b] When applicable, plan check fees shall be paid at the time of application for a building permit. The plan checking fee is in addition to the building permit fee [a] Includes up to three plan checks. The City will bill hourly for additional plan review required. [b] Engineer/technician to determine hours and applicable fee at time of application. Appendix B: p. 15 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES H. Other Fees 8 Duplication—Approved Plans a) Sheets up to 8 %" x 11" $0.25 1 Permit Issuance $45 $86 $86 100% 2 Technology/ Geographic Information System Update (GIS) $0.0015 $0.0015 $0.0015 $1.0000 iii) Color sheets $8 Fee - Fee x value of building levied with building permit 9 Temporary Certificate of Occupancy $71 $171 3 General Plan Revision Fee 0.20% 0.62% 0.25% 40.95% 4 Technical Training Fee $1.50 $5.11 $3.00 5 Plan Archival Deposit (Records Management) 2.0% 2.0% 6 Strong Motion Instrumentation (SMI) Fee Calculation [a] a) Residential $0.50 or valuation x.00013 $0.50 or valuation x.00013 [a] b) Commercial $0.50 or valuation x.00028 $0.50 or valuation x.00028 [a] 7 Building Standards (SB 1473) Fee Calculation (Valuation) [a] a) $1- $25,000 $1 $1 [a] b) $25,001- $50,000 $2 $2 [a] c) $50,001- $75,000 $3 $3 [a] d) $75,001- $100,000 $4 $4 [a] e) Each Add'I $25,000 or fraction thereof Add $1 Add $1 [a] 8 Duplication—Approved Plans a) Sheets up to 8 %" x 11" $0.25 $0.25 b) Sheets larger than 8 %" x 11" and 11 x 17 $0.50 $0.50 c) Large Format Sheet (24 x 36) i) First sheet $5 $5 ii) Additional sheets $2 $2 iii) Color sheets $8 $8 9 Temporary Certificate of Occupancy $71 $171 $171 100% 10 Demolition Permit varies $171 $171 100% Appendix B: p. 16 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES H. Other Fees Appendix B: p. 17 I- 11 Contractor Business License a) Contractor Business License $219 $219 b) Deputy Inspector Contractor Business License $66 $66 c) plus, State Mandated Fee $4 $4 [a] 12 Renewal of Expired Permits 50% varies 50% varies [b] 13 Special Services (Charged for Special Inspections of Affected Floor Area) a) 0-2,500 sq ft $212 $214 $214 100% b) 2,501-5,000 sq ft $425 $428 $428 100% c) 5,001-7,500 sq ft $641 $641 $641 100% d) 7,501-10,000 sq ft $854 $855 $855 100% e) Each add'I 10,000 sq ft or fraction thereof $222 $214 $214 100% Violation Fee 14 Investigation Fee For Work Done Without Permits or Work 2x Permit Fee Done Outside Scope of Permit Other Fees 15 Building Code Appeal $1,530 Deposit + Admin Fee $1,710 $1,700 99% [c] 16 Change of Use Inspection / Change of Occupancy Type / $112 $171 $171 100% Certification of Compliance, etc. 17 After Hours Inspection (per hour) (2 -hour minimum) $100 $205 $205 100% 18 Re -inspection Fee (3rd Time or More) (each) $100 per hour $86 $86 100% 19 Missed inspection Fee $100 per hour $86 $86 100% 20 Fees for Services Not Listed in this Fee Schedule (per 1/2 $56 $86 $86 100% hour) Appendix B: p. 17 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - BUILDING FEES H. Other Fees 21 Refunds a) Fees Erroneously Paid or Collected by the City b) Fees Prior to Construction Being Commenced c) Fees Prior to Plan Check Being Performed d) Expired Permits 100% refund [d] 80% refund of permit fee [e] 80% refund of plan check fee [e] no refund [f] [a] Fee established by State of California. [b] Renewal fee applies for suspension or abandonment not exceeding one year, provided no changes have been made or will be made in the original plan and specifications for such work. For suspension or abandonment exceeding one year, or with changes, a full charge shall be required. [c] The City reserves the right to collect additional fees to recover the costs of any specialized services required to review the appeal. [d] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [e] No fees are refundable once the work covered by them is commenced. [f] Whether work has commenced or not, no fees are refundable for any permit that has expired.. Appendix B: p. 18 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - PLANNING FEES 1 Conditional Use Permit - Non -Residential Districts a) Minor Conditional Use Permit (MCUP) $578 $1,648 $1,483 90% b) Conditional Use Permit (CUP) $1,550 $8,240 $7,416 90% 2 Design Review - Residential Districts a) Minor Design Review $578 $1,648 $824 50% b) Design Review $1,550 $8,240 $4,120 50% 3 Variance $1,550 $4,120 $3,708 90% 4 General Plan /Zoning Map Amendment $3,500 $8,240 $8,240 100% 5 Planned Unit Development $3,082 $24,720 $24,720 100% 6 Modification to Discretionary Approval a) Minor - Staff Review n/a varies 50% of current equivalent case fee varies b) Major - Planning Commission Review n/a varies 50% of current equivalent case fee varies 7 Historical Preservation Designation $578 $2,472 $1,236 50% 8 Site Plan Review a) Minor $310 - $1,240 $4,120 $3,090 75% b) Major $310 - $1,240 $6,592 $5,933 90% 9 Radius Map Processing $0 $300 $300 100% 10 Concept Approval (Coastal) $288 $2,472 $1,236 50% 11 Specific Plan $11,200 $24,720 $24,720 100% 12 Appeal a) Appeal by Applicant i) Appeal to Director of Community Development $1,155 - varies $1,648 $1,648 100% ii) Appeal to Planning Commission $1,155 - varies $3,296 $3,296 100% iii) Appeal to City Council $1,155 - varies $3,296 $3,296 100% b) Appeal by non -applicant (e.g., neighboring resident) i) Appeal to Director of Community Development $1,155 - varies $1,648 $1,236 75% ii) Appeal to Planning Commission $1,155 - varies $3,296 $2,472 75% iii) Appeal to City Council $1,155 - varies $3,296 $2,472 75% Note Appendix B: p. 19 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - PLANNING FEES Activity Description Proposed Fee 13 Pre -Application $231 $2,472 $1,000 40% 14 Property Profile $145 $824 $618 75% 15 Planning Commission Interpretation $517 $1,648 $824 50% 16 Sober Living Investigation Cost $577 $2,472 $2,225 90% 17 Temporary Banner Permit a) One Banner $50 $206 $50 24% b) Add'I Banner(s) $5 $103 $25 24% 18 Tentative Map a) Parcel Map i) Tentative Parcel Map $1,550 $8,240 $7,416 90% ii) Tentative Parcel Map Revision $1,550 $5,768 $5,191 90% b) Tract Map i) TTM - Less than 5 acres $2,309 $10,300 $9,270 90% ii) TTM - 5 - 20 acres $2,309 $12,360 $11,124 90% iii) TTM - More than 20 acres $2,309 $16,480 $14,832 90% iv) TTM - Revision $2,309 $6,592 $5,933 90% 19 Special Event /Temporary Use Permit a) TUP - Minor $180-$340 $824 $618 75% b) TUP - Major $180-$340 $2,060 $1,854 90% 20 Signs a) Sign Program i) Sign Program Review $1,550 $6,180 $3,090 50% ii) Sign Program Amendment a) Staff Review $1,550 $4,326 $2,163 50% b) Planning Commission Review $1,550 $4,120 $2,060 50% b) Sign Permit i) Sign Permit - Less than 30 SF $77 $824 $618 75% ii) Sign Permit - More than 30 SF $77 $1,236 $927 75% 21 Development Agreement a) Development Agreement Review $30,000 Dep varies $30,000 Dep 100% b) Development Agreement Amendment $30,000 Dep varies $30,000 Dep 100% Appendix B: p. 20 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - PLANNING FEES Activity Description Proposed Fee 22 Extension of Time Review a) Staff Review n/a $1,648 $824 50% b) Planning Commission Review n/a $3,296 $1,648 50% c) City Council Review n/a $4,120 $2,060 50% 23 Environmental Assessment varies $10,000 Dep 100% a) Environmental Assessment/Initial Study $1,800 Dep $2,472 $2,500 Dep 100% b) Exemption $1,100 Dep $824 $618 75% c) Negative Declaration $2,000 Dep $11,536 $10,000 Dep 100% d) Mitigated Negative Declaration $2,000 Dep $16,068 $15,000 Dep 100% e) Environmental Impact Report (EIR) Review $30,000 Dep $19,776 $20,000 Dep 100% 24 Public Works Engineering Plan Review a) Site Plan Review i) Major varies $1,472 $1,472 100% ii) Minor varies $920 $920 100% b) Concept Approval - Coastal varies $552 $276 50% c) Specific Plan varies $10,000 Dep 100% d) Development Agreement varies $10,000 Dep 100% e) Environmental Assessment varies $10,000 Dep 100% f) Permits / Plan checks not listed above varies See footnote 100% [a] 25 Technology Fee (percent of fixed fee or hourly billing rate) n/a 11% 5% 44% 26 Rates for Services Not Specified in this Schedule a) In -House Planning Staff $206 $206 100% b) Engineering Staff $184 $184 100% c) Contract Service Support Actual + 15% Admin 100% [a] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application * Note: Design Review - Residential Districts also referenced as Minor Use Permit. Appendix B: p. 21 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - ENGINEERING AND PUBLIC WORKS FEES Note 1 General Permits (no additional application fees) a) Banner Permits $50 $184 $184 100% b) Temporary Street / Sidewalk Closure / Dumpster Permit $55 $184 $184 100% 2 Fats, Oil, & Grease (FOG) a) Annual Permit $51 $276 $276 100% b) Plan Check $229 $1,104 $1,000 91% c) Grease Control Device Lid Inspection $31 $46 $46 100% i) Reinspection $31 $46 $46 100% d) Best Management Plan (BMP) Program Inspection $61 $92 $92 100% i) Reinspection $61 $92 $92 100% e)Grease Disposal Mitgation /Waiver $510 $552 $552 100% 3 Construction Meter a) Hydrant Meter Installation $130 $254 $254 100% b) Hydrant Meter Daily Rental Rate $0 $10 c) Hydrant Water Water Use Deposit $0 $1,500 d) Replacement/Damage Meter $0 $1,500 e) Cost of Water $0 see rate schedule 4 Fire Flow Test $714 $540 $540 100% 5 Small Wireless & Eligible Facilities a) Permit Application Fee (up to 5 sites) $200 $200 100% i) Each additional site $150 $150 100% b)New Pole/Structure(each) $1,200 $1,200 100% c)Permit Review Fee (per facility/ site) $4,000 $4,000 100% 6 Permit Application Fee $100 $184 $184 100% 7 Permit Time Extension/Reissuance $184 $184 100% 8 Archival Fee (calculated as %of permit, plan check, and inspection fees. Not 2.00% application fees) 9 Work without Permit 2x Base Fees 10 Utility Deposit Account Establishment $1,000/year Appendix B: p. 22 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - ENGINEERING AND PUBLIC WORKS FEES Activity Description 11 Enroachment Permits a)Encroachment Permit - Type A (no plan check) $155 $200 $200 100% b) Encroachment Permit - Type B (minor plan check required) $500 varies See footnote 100% [a) c) Encroachment Permit - Type C (major plan check required) $500 varies T&M w/ deposit 100% d) Non -Standard Enroachment Agreement $1,000 $1,000 100% 12 Development Plan Check Fees (up to 3 plan checks) a) Single Dwelling Unit Residential $1,500 deposit $4,000 $4,000 100% b) Double/Triple Dwelling Unit Residential $2,000 deposit $6,000 $6,000 100% c) 4+ Dwelling Units $2,000 deposit varies T&M w/ deposit 100% d) Commericial/Industrial - 1 (<5,000 SF) $3,000 deposit $7,000 $7,000 100% e) Commericial/Industrial - II (>5,000 SF) $5,000 deposit varies T&M w/ deposit 100% f) Additional Rechecks (over 3 plan checks) varies $600 $600 100% 13 WQMP (up to 3 plan checks) a) Single Dwelling Unit Residential $1,500 deposit $2,400 $2,400 100% b) Double/Triple Dwelling Unit Residential $2,000 deposit $3,000 $3,000 100% c) 4+ Dwelling Units $2,000 deposit varies T&M w/ deposit 100% d) Commericial/Industrial -1 (<5,000 SF) $3,000 deposit $5,000 $5,000 100% e) Commericial/Industrial - II (>5,000 SF) $5,000 deposit varies T&M w/ deposit 100% f) Additional Rechecks (over 3 plan checks) varies $600 $600 100% 14 Subdivision a) Lot Line Adjustment $1,000 deposit $2,000 $2,000 100% b) Record of Survey $1,000 deposit $2,000 $2,000 100% c) Parcel Map i) Base Fee (per map) $2,500 deposit $3,000 $3,000 100% ii) Additional Per Lot Fee $100 $100 100% e) Tract Map $6,000 deposit varies T&M w/ deposit 100% f) Certificate of Compliance $270 $2,000 $2,000 100% g) City Map Filing Fee $185 $200 $200 100% 15 Transportation (no separate permit application fee) a) Oversized Vehicle Transportation Permit i) One Day $35 $16 ii) Annual $35 $90 Appendix B: p. 23 City of Seal Beach BEFORE AND AFTER ILLUSTRATION - ENGINEERING AND PUBLIC WORKS FEES 16 Inspection a) Water Quality/BMP i) Regular ii) Overtime b) Utility i) Regular ii) Overtime c) General i) Regular ii) Overtime d) Reinspection/Excess Inspection/Missed Inspection I) Regular ii) Overtime $200 deposit $184 $184 100% $200 deposit $221 $221 100% varies $184 $184 100% varies $221 $221 100% $300 deposit $184 $184 100% $300 deposit $221 $221 100% varies $184 $184 100% varies $221 $221 100% 17 Technology Fee (percent of fixed fee or hourly billing rate) n/a 11% 5% 44% 18 Permits/Plan Checks not specifically listed varies T&M w/ deposit [a] Engineer/technician to determine hours and applicable fee at time of application. Note Appendix B: p. 24 ILLUSTRATION OF PROPOSED FEE SCHEDULE CLEARSOURCE REPORT TO THE CITY OF SEAL BEACH 19 Master Fee Schedule Appendix C: p. 1 City of Seal Beach MASTER FEE SCHEDULE Note: This Fee Schedule does not include all fees, rates, or charges that may be imposed by the City of Seal Beach. Examples of excluded items include, but are not limited to, development impact fees, utility rates, and punitive fines and penalties. BUILDING FEES PLANNING FEES 16 ENGINEERING AND ENCROACHMENT PERMIT FEES 19 Appendix C: p. 2 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES A. Fees for Commonly Requested Stand -Alone Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Activity Description Charge Basis 1 HVAC Change -Out - Residential $64 per permit 2 HVAC Change -Out - Commercial (per unit) $214 per permit 3 Residential Solar Photovoltaic System - Solar Permit a) 15kW or less $299 per permit b) Above 15kW — base $299 per permit c) Above 15kW — per kW $15 per permit 4 Commercial Solar Photovoltaic System - Solar Permit a) 50kW or less $1,000 per permit b) 50kW — 250kW — Base $1,000 per permit c) 50kW — 250kW — per kW above 50kW $7 per permit d) Above 250kW — base $2,400 per permit e) Above 250kW — per kW $5 per permit 5 Service Panel Upgrade - Residential $74 per permit 6 Service Panel Upgrade - Commercial $214 per permit 7 Water Heater Change -Out $30 per permit 8 Line Repair - Sewer / Water / Gas $147 per permit 9 Re -Roof a) Up to 2,000 SF $257 per permit b) Each Add'I 1,000 SF or fraction thereof $86 per permit 10 Demolition $128 per permit 11 Swimming Pool/Spa a) Swimming Pool / Spa $855 per permit b) Detached Spa / Water Feature $257 per permit c) Gunite Alteration $428 per permit d) Equipment Change -out Alone $214 per permit Appendix C: p. 3 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES A. Fees for Commonly Requested Stand -Alone Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). 12 Patio a) Standard (Wood/Metal Frame) i) Up to 200 SF $214 per permit ii) Greater than 200 SF $299 per permit b) Upgraded (with electrical, stucco, fans, etc.) i) Up to 200 SF $428 per permit ii) Greater than 200 SF $513 per permit 13 Window/ Sliding Glass Door/ Sola -Tube a) Retrofit / Repair i) Up to 5 $128 per permit ii) Each additional 5 $43 per permit b) New/ Alteration i) First $257 per permit ii) Each additional $64 per permit Note Appendix C: p. 4 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES B. Miscellaneous Item Permits Note 1 Block Wall/ Retaining/Combo Wall a) Block Wall i) First 100 LF $128.25 ii) Each additional 50 LF $28.50 b) Retaining / Combination Wall - Each 50 LF $57.00 2 Fence a) First 100 LF b) Each additional 50 LF $128.25 $28.50 3 Sign a) Monument Sign - First $256.50 b) Monument Sign - Each Additional $28.50 c) Wall/Awning Sign - First $142.50 d) Wall/Awning Sign - Each Additional $28.50 4 Tent a) Up to 1,000 SF $128.25 b) Each additional 1,000 SF or fraction thereof $28.50 * Current fees vary based on project valuation. Appendix C: p. 5 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES C. Electrical Code Fees Note 1 Electrical Services a) Each service switch 300 volts or less $0.30 per amp b) Each service switch 301 to 600 volts $0.35 per amp c) Each service switch over 600 volts $0.40 per amp 2 Electrical Systems in new structures or building a) Temporary for construction service, including poles additions — the following charges shall apply to electrical or pedestals systems contained within or on any new structure, $57 each equipment prior to completion of structure of final including new additions to existing structures inspection each a) Warehouse - that part which is over 5,000 SF $0.021 per SF b) Storage garages where no repair work is done $0.021 per SF c) Aircraft hangers where no repair work is done $0.021 per SF d) Residential accessory buildings attached or $0.043 per SF detached such as garages, carports, sheds, etc. e) Garages and carports for motels, hotels, and $0.043 per SF commercial parking f) Warehouses up to and including 5,000 SF $0.043 per SF g) All other occupancies not listed area that is over $0.043 per SF 5,000 SF h) for all other occupancies not listed up to and $0.086 per SF including 5,000 SF i) for temporary wiring during construction $0.017 per SF 3 Temporary Service a) Temporary for construction service, including poles $57 each or pedestals b) Approval for temporary use of permanent service $57 each equipment prior to completion of structure of final ii) over 10 on a site inspection each c) Additional supporting poles $14 each d) Service for decorative lighting, seasonal sales lot, etc. $29 each 4 Miscellaneous a) Area lighting standards i) up to and including 10 on a site $14 each ii) over 10 on a site $6 each b) Private residential swimming pools, including supply $57 each wiring, lights, motors, and bonding c) Commercial swimming pools $114 each d) Inspection for reinstallation of idle meter (removed $29 each by utility company) Appendix C: p. 6 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES C. Electrical Code Fees Note 5 Illuminated Signs -New, Relocated, or Altered a) Up to and including 5 sq ft $29 b) Over 5 sq ft and not over 25 sq ft $43 c) Over 25 sq ft and not over 50 sq ft $57 d) Over 50 sq ft and not over 100 sq ft $71 e) Over 100 sq ft and not over 200 sq ft $86 f) Over 200 sq ft and not over 300 sq ft $100 g) Over 300 sq ft $0.35 per SF 6 Overhead Line Construction - poles and anchors $14 each 7 Alternate Cost Schedule For equipment rated in horsepower (HP), kilowatts (kW), a) Alterations, additions, and new construction where $14 per unit no structural work is being done or where it is a) 0 to 1 unit impractical to use a SF schedule; convert to units as b) Over 1 unit and not over 10 units $29 follows $43 d) Over 50 units and not over 100 units b) For each outlet where current is used or controlled $14 each c) For each lighting fixture where current is used or $14 each d) Switches $14 each e)Subpanel $14 each f) Feeder $14 each g) Bathroom Exhaust Fan $14 each 8 Power Apparatus For equipment rated in horsepower (HP), kilowatts (kW), or kilovolt- amperes (KVA), the charge for each motor, transformer, and/or appliance shall be: a) 0 to 1 unit $14 b) Over 1 unit and not over 10 units $29 c) Over 10 units and not over 50 units $43 d) Over 50 units and not over 100 units $57 e) Over 100 units $86 9 Miscellaneous apparatus, conduits, and conductors for $29 each electrical apparatus, conduits and conductors for which a permit is required, but for which no charge is herein set forth [a] For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the charges. These charges shall include all switches, circuit breakers, contractors, relays, and other directly related control equipment. Appendix C: p. 7 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES D. Plumbine Code Fees Activity Description Charge Basis 1 Plumbing fixture or trap or set of fixtures on one trap $14 each (including water, drainage piping, and back flow protection) 2 Building sewer and trailer park sewer $29 each 3 Rainwater system — per drain (inside building) $14 each 4 Cesspool (where permitted) $43 each 5 Private sewage disposal system $86 each 6 Water heater and/or vent $14 each 7 Gas piping system of 1 to 5 outlets $14 each 8 Additional gas piping system per outlet $3 each 9 Industrial waste pre-treatment interceptor, including its $14 each trap and vent, except kitchen type grease interceptors functioning as fixture traps 10 Water piping and/or water treating equipment — $128 each installation, alteration, or repair 11 Main Water Line $14 each 12 Drain, vent or piping (new) $14 each 13 Drainage, vent repair, or alteration of piping $14 each 14 Lawn sprinkler system or any one meter including back $14 each flow protection devices 15 Atmospheric type not included in Item 12 a) 1 to 5 $14 each b) 6 or more $3 each 16 Back flow protective devices other than atmospheric type vacuum breakers a) 2 inch diameter or less $14 each b) Over 2 inch diameter $29 each Appendix C: p. 8 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES D. Plumbing Code Fees 17 Gray water system $86 each 18 Reclaimed water system initial installation and testing $57 each 19 Reclaimed water system annual cross -connection testing $57 each (excluding initial test) 20 Sewer connection permit $43 each Note Appendix C: p. 9 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES E. Mechanical Code Fees Activity Description Charge Basis 1 Forced are or gravity -type furnace or burner, including ducts and vents attached to such appliance - each installation or relocation a) To and including 100,000 BTU/H $29 each b) Over 100,000 BTU/H $43 each 2 Floor furnace, including wall heater, or floor -mounted unit $29 each heater - each installation or relocation 3 Suspended heater, recessed wall heater or floor mounted $29 each unit heater - each installation, relocation, or replacement 4 Appliance vent installed and not included in an appliance $14 each permit - each installation, relocation, or replacement 5 Heating appliance, refrigeration unit, cooling unit, $29 each absorption unit - each repair, alteration, or addition to and including 100,000 BTU/H 6 Boiler or compressor to and including 3 horsepower, or $29 each absorption system to and including 100,000 BTU/H - each installation or relocation 7 Boiler or compressor over 3 horsepower to and including $57 each 15 horsepower or each absorption system over 100,000 BTU/H to and including 500,000 BTU/H - each installation or relocation 8 Boiler or compressor over 15 horsepower to and including $86 each 30 horsepower or each absorption system over 500,000 BTU/H to and including 1,000,000 BTU/H - each installation or relocation 9 Boiler or compressor over 30 horsepower to and including $114 each 50 horsepower or each absorption system over 1,000,000 BTU/H to and including 1,750,000 BTU/H - each installation or relocation 10 Boiler or compressor over 50 horsepower or each $171 each absorption system over 1,750,000 BTU/H - each installation or relocation 11 Air -handling unit to and including 10,000 cubic feet per $14 each [a] minute, including ducts attached thereto 12 Registers $14 each Appendix C: p. 10 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES E. Mechanical Code Fees Activity Description Charge Basis 13 Air -handling unit over 10,000 CFM $29 each 14 Evaporative cooler other than portable type $14 each 15 Ventilation system which is not a portion of any heating or $14 each air conditioning system authorized by a permit 16 Ventilation fan connected to a single duct $14 each 17 Installation or relocation of each domestic type $29 each incinerator 18 Installation of each hood that is served by mechanical $14 each exhaust, including ducts for such hood 19 Installation or relocation of each commercial or industrial $114 each type incinerator 20 Duct extensions, other than those attached $9 each 21 Gas Piping a) Up to 4 outlets $14 each b) Each additional outlet $3 each 22 Appliance or piece of equipment regulated by the $29 each California Mechanical Code, but not classified in other appliance categories or for which no other charge is listed in this Code [a] This charge shall not apply to an air -handling unit that is a portion of a factory assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in this schedule. Appendix C: p. 11 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES Determination of Valuation for Fee -Setting Purposes • Project valuations determined by most recent published International Code Council (ICC) Building Valuation Table or by Contractors signed contract. Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities. Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit processing. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable. F. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Combined Mechanical, Electrical, and/or Plumbing Permits Total Valuation $500 or Less Permit Fee 10% of permit valuation $501 to $2,000 $108.00 for the first $500 plus $4.20 for each add'I $1,000 or fraction thereof, to and including $1,000 $2,001 to $25,000 $171.00 for the first $2,000 plus $22.31 for each add'I $1,000 or fraction thereof, to and including $1,000 $25,001 to $50,000 $684.00 for the first $25,000 plus $13.68 for each add'I $1,000 or fraction thereof, to and including $1,000 $50,001 to $100,000 $1,026.00 for the first $50,000 plus $13.68 for each add'I $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,710.00 for the first $100,000 plus $9.41 for each add'I $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $5,472.00 for the first $500,000 plus $5.47 for each add'I $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $8,208.00 for the first $1,000,000 plus $4.65 for each additional $1,000 or fraction thereof over $1,000,000 Appendix C: p. 12 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES G. Building Plan Review Fees 1 Plan Check Fees - Building a) Building Plan Review Fee, if applicable b) Mechanical, Electrical, or Plumbing Plan Review Fee, if applicable c) Expedited Plan Check (when applicable) d) State Accessibility Code Compliance, if applicable e) State Mandated Energy Compliance, if applicable f) Soils and/or Geotechnical Reports i) In -House Review ii) Third Party Review g) Alternate Materials and Materials Review (per hour) h) Excess Plan Review Fee (4th and subsequent) (per hour) Note 65% % of building permit [a] fee 65% % of permit fee [a] Additional 50% of standard plan check [a] 5% % of building permit [a] fee 5% % of building permit [a] fee $684 Actual Cost + 15% Admin Charge $171 per hour $171 per hour 2 Building Plan Check Fees - Public Works Engineering (Fees Only Applied to Projects Requiring Review) a) Swimming Pool $184 b) Block Wall $92 c)Fence $92 d) Sign $92 e) Alterations/Additions - Residential $138 f) New Construction - Single Family Residential $368 g) New Construction - 2-4 Residential Units $552 h) New Construction - 5+ Residential Units $1,104 i) New Construction - Non -Residential $736 j) Alterations/Additions - Non -Residential $184 k) Permits / Plan checks not listed above See footnote When applicable, plan check fees shall be paid at the time of application for a building permit. The plan checking fee is in addition to the building permit fee [a] Includes up to three plan checks. The City will bill hourly for additional plan review required. [b] Engineer/technician to determine hours and applicable fee at time of application. [b] Appendix C: p. 13 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES H. Other Fees 12 Renewal of Expired Permits 50% % of permit for new work provided no [b] changes to original work Appendix C: p. 14 DescriptionActivity 1 Permit Issuance $86 per permit 2 Technology/ Geographic Information System Update (GIS) $0.0015 fee x construction valuation Fee - Fee x value of building levied with building permit 3 General Plan Revision Fee 0.25% % of construction valuation 4 Technical Training Fee $3.00 per permit 5 Plan Archival Deposit (Records Management) 2.0% % of building permit fee 6 Strong Motion Instrumentation (SMI) Fee Calculation [a] a) Residential $0.50 or valuation x [a] .00013 b) Commercial $0.50 or valuation x [a] .00028 7 Building Standards (SB 1473) Fee Calculation (Valuation) [a] a) $1- $25,000 $1 [a] b) $25,001- $50,000 $2 [a] c) $50,001 - $75,000 $3 [a] d) $75,001- $100,000 $4 [a] e) Each Add'I $25,000 or fraction thereof Add $1 [a] 8 Duplication—Approved Plans a) Sheets up to 8 %" x 11" $0.25 per page b) Sheets larger than 8 %" x 11" and 11 x 17 $0.50 per page c) Large Format Sheet (24 x 36) i) First sheet $5 per sheet ii) Additional sheets $2 per sheet iii) Color sheets $8 per sheet 9 Temporary Certificate of Occupancy $171 10 Demolition Permit $171 11 Contractor Business License a) Contractor Business License $219 b) Deputy Inspector Contractor Business License $66 c) plus, State Mandated Fee $4 [a] 12 Renewal of Expired Permits 50% % of permit for new work provided no [b] changes to original work Appendix C: p. 14 City of Seal Beach MASTER FEE SCHEDULE - BUILDING FEES H. Other Fees 13 Special Services (Charged for Special Inspections of Affected Floor Area) a) 0-2,500 sq ft $214 b) 2,501-5,000 sq ft $428 c) 5,001-7,500 sq ft $641 d) 7,501-10,000 sq ft $855 e) Each add'I 10,000 sq ft or fraction thereof $214 [a] Fee established by State of California. [b] Renewal fee applies for suspension or abandonment not exceeding one year, provided no changes have been made or will be made in the original plan and specifications for such work. For suspension or abandonment exceeding one year, or with changes, a full charge shall be [c] The City reserves the right to collect additional fees to recover the costs of any specialized services required to review the appeal. [d] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [e] No fees are refundable once the work covered by them is commenced. [f] Whether work has commenced or not, no fees are refundable for any permit that has expired.. Appendix C: p. 15 Violation Fee 14 Investigation Fee For Work Done Without Permits or Work 2x Permit Fee Done Outside Scope of Permit Other Fees 15 Building Code Appeal $1,700 minimum fee; [c] initial deposit 16 Change of Use Inspection /Change of Occupancy Type/ $171 per inspection Certification of Compliance, etc. 17 After Hours Inspection (per hour) (2 -hour minimum) $205 per hour; 2 -hour min. 18 Re -inspection Fee (3rd Time or More) (each) $86 per inspection 19 Missed inspection Fee $86 per missed inspection 20 Fees for Services Not Listed in this Fee Schedule (per 1/2 $86 per 1/2 hour; 1/2 hour min. hour) 21 Refunds a) Fees Erroneously Paid or Collected by the City 100% refund [d] b) Fees Prior to Construction Being Commenced 80% refund of permit [e] fee c) Fees Prior to Plan Check Being Performed 80% refund of plan [e] check fee d) Expired Permits no refund [f] [a] Fee established by State of California. [b] Renewal fee applies for suspension or abandonment not exceeding one year, provided no changes have been made or will be made in the original plan and specifications for such work. For suspension or abandonment exceeding one year, or with changes, a full charge shall be [c] The City reserves the right to collect additional fees to recover the costs of any specialized services required to review the appeal. [d] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [e] No fees are refundable once the work covered by them is commenced. [f] Whether work has commenced or not, no fees are refundable for any permit that has expired.. Appendix C: p. 15 City of Seal Beach MASTER FEE SCHEDULE - PLANNING FEES Activity Description Charge Basis 1 Conditional Use Permit - Non -Residential Districts a) Minor Conditional Use Permit (MCUP) $1,483 per application b) Conditional Use Permit (CUP) $7,416 per application 2 Design Review - Residential Districts a) Minor Design Review $824 per application b) Design Review $4,120 per application 3 Variance $3,708 per application 4 General Plan / Zoning Map Amendment $8,240 per application 5 Planned Unit Development $24,720 per application 6 Modification to Discretionary Approval a) Minor - Staff Review 50% of current equivalent case fee per application b) Major - Planning Commission Review 50% of current equivalent case fee per application 7 Historical Preservation Designation $1,236 per application 8 Site Plan Review a) Minor $3,090 per application b) Major $5,933 per application 9 Radius Map Processing $300 per application 10 Concept Approval (Coastal) $1,236 per application 11 Specific Plan $24,720 per application 12 Appeal a) Appeal by Applicant i) Appeal to Director of Community Development $1,648 per appeal ii) Appeal to Planning Commission $3,296 per appeal iii) Appeal to City Council $3,296 per appeal b) Appeal by non -applicant (e.g., neighboring resident) i) Appeal to Director of Community Development $1,236 per appeal ii) Appeal to Planning Commission $2,472 per appeal iii) Appeal to City Council $2,472 per appeal 13 Pre -Application $1,000 per case 14 Property Profile $618 per application Appendix C: p. 16 City of Seal Beach MASTER FEE SCHEDULE - PLANNING FEES Activity Description 15 Planning Commission Interpretation Fee Charge Basis Note per application 16 Sober Living Investigation Cost $2,225 per application 17 Temporary Banner Permit a) One Banner $50 per application b) Add'I Banner(s) $25 per application 18 Tentative Map a) Parcel Map $30,000 Dep per application i) Tentative Parcel Map $7,416 per application ii) Tentative Parcel Map Revision $5,191 per application b) Tract Map $2,163 per application i) TTM - Less than 5 acres $9,270 per application ii) TTM - 5 - 20 acres $11,124 per application iii) TTM - More than 20 acres $14,832 per application iv) TTM - Revision $5,933 per application 19 Special Event/ Temporary Use Permit a) TUP - Minor b) TUP - Major $618 per application $1,854 per application 20 Signs a) Sign Program $30,000 Dep per application i) Sign Program Review $3,090 per application ii) Sign Program Amendment a) Staff Review $2,163 per application b) Planning Commission Review $2,060 per application b) Sign Permit $2,060 per application i) Sign Permit - Less than 30 SF $618 per application ii) Sign Permit - More than 30 SF $927 per application 21 Development Agreement a) Development Agreement Review $30,000 Dep per application b) Development Agreement Amendment $30,000 Dep per application 22 Extension of Time Review a) Staff Review $824 per application b) Planning Commission Review $1,648 per application c) City Council Review $2,060 per application Appendix C: p. 17 City of Seal Beach MASTER FEE SCHEDULE - PLANNING FEES Activity Description Charge Basis 23 Environmental Assessment a) Environmental Assessment/Initial Study $2,500 Dep per application b) Exemption $618 per application c) Negative Declaration $10,000 Dep per application d) Mitigated Negative Declaration $15,000 Dep per application e) Environmental Impact Report (EIR) Review $20,000 Dep per application 24 Public Works Engineering Plan Review a) Site Plan Review i) Major $1,472 per application ii) Minor $920 per application b) Concept Approval - Coastal $276 per application c) Specific Plan $10,000 Dep per application d) Development Agreement $10,000 Dep per application e) Environmental Assessment $10,000 Dep per application f) Permits / Plan checks not listed above See footnote per application [a] 25 Technology Fee (percent of fixed fee or hourly billing rate) 5% 26 Rates for Services Not Specified in this Schedule a) In -House Planning Staff $206 per hour b) Engineering Staff $184 per hour c) Contract Service Support Actual + 15% Admin Time & M'tls [a] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application. Appendix C: p. 18 City of Seal Beach MASTER FEE SCHEDULE - ENGINEERING AND PUBLIC WORKS FEES Note 1 General Permits (no additional application fees) a) Banner Permits $184 b) Temporary Street / Sidewalk Closure / Dumpster Permit $184 2 Fats, Oil, & Grease (FOG) a) Annual Permit $276 b) Plan Check $1,000 c) Grease Control Device Lid Inspection $46 i) Reinspection $46 d) Best Management Plan (BMP) Program Inspection $92 i) Reinspection $92 e)Grease Disposal Mitgation /Waiver $552 3 Construction Meter a) Hydrant Meter Installation $254 b) Hydrant Meter Daily Rental Rate $10 c) Hydrant Water Water Use Deposit $1,500 d) Replacement/Damage Meter $1,500 e) Cost of Water see rate schedule 4 Fire Flow Test $540 5 Small Wireless & Eligible Facilities a) Permit Application Fee (up to 5 sites) $200 i) Each additional site $150 b)New Pole/Structure (each) $1,200 c)Permit Review Fee (per facility/ site) $4,000 6 Permit Application Fee $184 7 Permit Time Extension/Reissuance $184 8 Archival Fee (calculated as % of permit, plan check, and 2.00% inspection fees. Not application fees) 9 Work without Permit 2x Base Fees 10 Utility Deposit Account Establishment $1,000/year Appendix C: p. 19 City of Seal Beach MASTER FEE SCHEDULE - ENGINEERING AND PUBLIC WORKS FEES 11 Enroachment Permits a)Encroachment Permit - Type A (no plan check) b) Encroachment Permit - Type B (minor plan check required) c) Encroachment Permit - Type C (major plan check required) d) Non -Standard Enroachment Agreement Note $200 See footnote [a] T&M w/ deposit $1,000 12 Development Plan Check Fees (up to 3 plan checks) a) Single Dwelling Unit Residential $4,000 b) Double/Triple Dwelling Unit Residential $6,000 c) 4+ Dwelling Units T&M w/ deposit d) Commericial/Industrial - 1 (<5,000 SF) $7,000 e) Commericial/Industrial - II (>5,000 SF) T&M w/ deposit f) Additional Rechecks (over 3 plan checks) $600 13 WQMP (up to 3 plan checks) a) Single Dwelling Unit Residential $2,400 b) Double/Triple Dwelling Unit Residential $3,000 c) 4+ Dwelling Units T&M w/ deposit d) Commericial/Industrial - 1 (<5,000 SF) $5,000 e) Commericial/Industrial - II (>5,000 SF) T&M w/ deposit f) Additional Rechecks (over 3 plan checks) $600 14 Subdivision a) Lot Line Adjustment $2,000 b) Record of Survey $2,000 c) Parcel Map i) Base Fee (per map) $3,000 ii) Additional Per Lot Fee $100 e) Tract Map T&M w/ deposit f) Certificate of Compliance $2,000 g) City Map Filing Fee $200 15 Transportation (no separate permit application fee) a) Oversized Vehicle Transportation Permit i) One Day $16 ii) Annual $90 Appendix C: p. 20 City of Seal Beach MASTER FEE SCHEDULE - ENGINEERING AND PUBLIC WORKS FEES 16 Inspection a) Water Quality/BMP i) Regular $184 per inspection ii) Overtime $221 per hr.; 2 hr. min. b) Utility i) Regular $184 per inspection ii) Overtime $221 per hr.; 2 hr. min. c) General i) Regular $184 per inspection ii) Overtime $221 per hr.; 2 hr. min. d) Reinspection/Excess Inspection/Missed Inspection i) Regular $184 per inspection ii) Overtime $221 per hr.; 2 hr. min. 17 Technology Fee (percent of fixed fee or hourly billing rate) 18 Permits/Plan Checks not specifically listed 5% T&M w/ deposit [a] Engineer/technician to determine hours and applicable fee at time of application. Note Appendix C: p. 21 >yDE GEQ�,eF9ti t� `yea AGENDA STAFF REPORT o, �c4OFORN�P' DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria Harper, CMC, City Clerk Craig Steele, City Attorney SUBJECT: First Public Hearing for Review of City Council District Boundaries SUMMARY OF REQUEST: That the City Council conduct a public hearing and: 1. Designate two (2) members of the City Council as a subcommittee to review 2020 Census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors. 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data. BACKGROUND AND ANALYSIS: After every federal Census, jurisdictions with officials elected by district must review district boundaries to ensure that the districts are still legally compliant. The most basic requirement is that each district must be substantially equal in population, in order to protect the concept of "one person, one vote." In addition, voting districts must be contiguous and geographically compact, and must protect communities of interest and their right to elect the candidates of their choice. At the end of a process, the City Council must re -adopt voting districts in time for the 2022 City elections. Under City Charter Section 515 and applicable State law, the City Council should appoint a committee to study the issue and report back to the City Council. The City must conduct at least four public hearings to seek input from the public. This first hearing can be conducted prior to the time any draft district maps are released. If no changes to district boundaries are required or deemed advisable, the City Council may re -adopt existing boundaries. Agenda Item S This first public hearing is solely an opportunity for the public to weigh in on the district review issue. The City Council is not being asked to decide on boundaries now. Once the population analysis is prepared and public testimony received, later in this process, Councilmembers will have the opportunity to state their opinions and weigh in on the maps. A preliminary review of 2020 Census data indicates that population growth in the City was modest between 2010 and 2020, so it seems likely that the current Districts will remain substantially equal in population. The City Council previously decided that the committee required by the City Charter would be a Council subcommittee of two, as was the case in 2011. After conducting the first public hearing (of four), staff recommends that the City Council - 1 . ouncil: 1. Appoint two Councilmembers to serve as the Districting subcommittee to hold two public hearings and report back to the City Council as to whether any changes to District boundaries are necessary based on new Census data or other factors. 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney prepared this report and will advise throughout the District boundary review. FINANCIAL IMPACT: There may be some modest charge for consulting or population analysis service that is likely to be within the City Manager's contract authority. RECOMMENDATION: That the City Council conduct a public hearing and: 1. Designate two (2) members of the City Council as a subcommittee to review 2020 census data and the boundaries of City Council districts and report back to the City Council as to whether those boundaries should be adjusted based on new Census data or other factors; and, 2. Authorize the City Manager to engage a consultant or service to provide population analysis of the 2020 Census data. Page 2 SUBMITTED BY: Craig A Steele Craig Steele, City Attorney Gloria D. Harper Gloria D. Harper, CMC, City Clerk Page 3 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Patrick Gallegos, Assistant City Manager SUBJECT: Introduction of an Ordinance to Implement the Requirements of SB 1383 SUMMARY OF REQUEST: That the City Council consider the following: Introduction by First Reading by title only and waive further reading of Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of SB 1383. BACKGROUND AND ANALYSIS: As part of a statewide effort to reduce emissions of short-lived climate pollutants (SLCP), Governor Jerry Brown set statewide methane reduction targets in 2016. Senate Bill 1383 (SB 1383) requires the Department of Resources Recycling & Recovery (CalRecycle) to reduce organic waste disposal in landfills and increase edible food recovery, among other provisions. Specific goals of SB 1383 include: 1. Reduce organic waste disposal by 50 percent of the 2014 level by 2020; 2. Reduce organic waste disposal by 75 percent of the 2014 level by 2025; and 3. Recover 20 percent of currently disposed of edible food for human consumption through food recovery services by 2025. SB 1383 regulations created Chapter 12 of Title 14, Division 7 of the California Code of Regulations (CCR) and amended portions of regulations of Title 14 CCR and Title 27 CCR. These regulations require a variety of programmatic and policy - related requirements related to the collection of organics, edible food recovery, compliance tracking, and enforcement. Local jurisdictions, including the City of Seal Beach (City), are responsible for implementing SB 1383, which will require extensive coordination with multiple stakeholders. Requirements include: 1. Providing organic collection services to all residents and businesses Agenda Item T 2. Establishing a food recovery program to recover edible food 3. Conducting education and outreach efforts to all affected parties including city departments, waste generators, haulers, facilities, and edible food recovery organizations 4. Evaluating the City's readiness to implement SB 1383 and conducting capacity planning related to collection and recycling 5. Procuring recycled organic waste products 6. Maintaining accurate records and submitting reports to the State 7. Ensuring compliance with SB 1383 through enforcement As of January 1, 2022, the City will be required to follow SB 1383 and provide collection services to residential and commercial generators, establish enforcement mechanisms, and develop programmatic opportunities related to food recovery. CalRecycle is authorized to financially penalize non-compliant jurisdictions with a $10,000 fine per day. However, Governor Gavin Newsom signed SB 619 into law in October of 2021, which allows CalRecycle to waive penalties for jurisdictions that meet certain requirements for the 2022 calendar year. While the City will not have the first and second reading of the Ordinance adopted by Council before the end of the calendar year, if the Council adopts the first reading of this Ordinance on December 13, 2021, staff intends on bringing back to Council the second reading of the Ordinance in January 2022. Additionally, City staff has informed CalRecycle of the aforementioned adoption schedule and continues to work closely with their staff to ensure they are fully informed of the City's objective to be in full compliance with SB 1383. Once the first and second readings of the Ordinance are adopted, staff will return with a recommendation to award a contract with HF&H Consulting Services to assist the City with the negotiation of SB 1383 customer rates. When the proposed 1383 rates have been negotiated between the City and Republic Services, staff will come back to Council with a recommendation to consider the adoption of new 1383 customer rates and will provide an implementation schedule. Lastly, it should be noted that from 2022 to 2023, SB 1383 will allow the City to take a non -punitive approach to customer enforcement. However, the City must begin taking punitive action against non-compliant customers starting on January 1, 2024. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this item and approved it as to form. FINANCIAL IMPACT: There is no impact on the General Fund related to the consideration and adoption of Ordinance 1692. However, as an unfunded mandate, SB 1383 may have a financial impact on the City. The full financial impact of compliance with SB 1383 will be addressed in future items that will be brought to the Council for consideration. 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 consider the following: Introduction by First Reading by title only and waive further reading of Ordinance 1692 adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code to implement the requirements of SB 1383. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager Prepared by: Lauren Barich, Management Analyst ATTACHMENTS: A. Ordinance 1692 ORDINANCE 1692 AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 6.25 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA SECTION 1. FINDINGS. A. The City of Seal Beach, California ("City') is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Assembly Bill ("AB") 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery ("CaIRecycle")), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. C. AB 341 of 2011 places requirements on businesses, including multi -family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program. D. AB 1826 of 2014 requires businesses, including multi -family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi -family property owners. E. AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code. -1- 2591624 F. Senate Bill ("SB") 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 ("SB 1383 Regulations"), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi -family property owners with five or more dwelling units; commercial edible food generators; haulers, including self -haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets. G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations. H. This Ordinance implements the requirements of the SB 1383 Regulations. THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ORDAINS AS FOLLOWS: SECTION 2. AMENDMENT. Title 6 (Franchises) of the Seal Beach Municipal Code is hereby amended to add Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to read as follows: "Chapter 6.25 — Mandatory Organic Waste Disposal Reduction Section 6.25.005 Definitions. For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in 14 CCR Section 18982 shall control for the purposes of this Chapter. Additionally, for the purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. -2- 2591624 "CalRecycle" means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of the CCR). "City" means the City of Seal Beach. "City Manager" means the City Manager of the City or his/her designee. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi -Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi -family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this Chapter. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). "Compliance Review" means a review of records by the City to determine compliance with this Chapter. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8). "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4). "Compostable Plastic(s)" means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55). "County" means the County of Orange. "C&D" means construction and demolition debris removed from a premise during the construction or demolition of a structure. -3- 2591624 "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Edible Food" means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). "Enforcement Official" means the City Manager or the City's authorized Designee(s) who is/are partially or wholly responsible for enforcing this Chapter. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City's Enforcement Official's or its Designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the City's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22). "Food Facility" has the same meaning as in Section 113789 of the State Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). -4- 2591624 "Food Recovery Organization," unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: (1) A food bank as defined in Section 113783 of the State Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27). "Food -Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Food Scraps. Food -Soiled Paper and Composable Plastics are excluded, as Republic Services is currently unable to collect these products. "Generator" means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Gray Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage -5- 2591624 and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of the City's three -container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30). "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5). "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste Organic Collection Stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or -6- 2591624 other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38). "Large Venue," unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of the City's regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). "Multi -Family Residential Dwelling(s)" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. "MWELO" refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7. "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41). "Non -Local Entity" means the following entities that are not subject to the City's enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42): (1) Special district(s) located within the jurisdictional boundaries of the City; (2) Federal facilities, including military installations, located within the jurisdictional boundaries of the City; (3) Prison(s) located within the jurisdictional boundaries of the City; (4) Facilities operated by the State park system located within the jurisdictional boundaries of the City; (5) Public universities (including community colleges) located within the jurisdictional boundaries of the City; -7- 2591624 (6) County fairgrounds located within the jurisdictional boundaries of the City; and (7) State agencies located within the jurisdictional boundaries of the City. "Non -Organic Recyclables" means non-putrescible and non -hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43). "Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. "Organic Waste" means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). "Prohibited Container Contaminants," unless otherwise defined in 14 CCR Section 18982(a)(55), means the following: (1) discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; (2) discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non-Compostable Paper; (3) discarded materials placed in the Gray Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City's Green Container; and, (4) Excluded Waste placed in any container. -8- 2591624 "Recovery" means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49). "Recycled -Content Paper" means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61). "Remote Monitoring" means the use, at the discretion of the City, of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64). "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65). "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. "SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR. "Self -Hauler" means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self -Hauler also includes a person or entity who Back -Hauls waste. Back -Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Single -Family" means of, from, or pertaining to any residential premises with fewer than five (5) units. "Solid Waste" unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid -9- 2591624 and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the State Public Resources Code Section 40141; (2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and, (3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials. "Source Separated Blue Container Organic Waste" means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non - Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products, Printing and Writing Papers, wood and dry lumber and textiles unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. "Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables and Source Separated Blue Container Organic Waste. "State" means the State of California. -10- 2591624 "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): (1) Supermarket; (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (3) Food Service Provider; (4) Food Distributor; or, (5) Wholesale Food Vendor. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73): (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (2) Hotel with an on-site Food Facility and 200 or more rooms; (3) Health facility with an on-site Food Facility and 100 or more beds; (4) Large Venue; (5) Large Event; (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (7) A Local Education Agency facility with an on-site Food Facility. "Uncontainerized Green Waste and Yard Waste Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a Generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14 CCR Section 189852(a)(75). "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76). -11- 2591624 Section 6.25.010 SB 1383 Regulatory Requirements. Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City's authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this Chapter, and the provisions of any collection agreement between the City and a franchised/licensed/sanctioned hauler in effect. In the event of a conflict between the provisions of this Chapter and other provisions of this Code, the provisions of this Chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this Chapter, the SB 1383 Regulations shall control. Section 6.25.015 Requirements for Single -Family Organic Waste Generators. Single -Family Organic Waste Generators shall comply with the following requirements, except Single -Family Generators that meet the Self -Hauler requirements of this Code: (a) Subscribe to the City's three -container Organic Waste collection service(s) for all Organic Waste generated as described in paragraph (b) of this section. The City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single -Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described in this paragraph, and shall not place Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non - Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Section 6.25.020 Requirements for Commercial Organic Waste Generators and Commercial Businesses. Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements, except Commercial Businesses that meet the Self -Hauler requirements of this Code: (a) Except for Commercial Organic Waste Generators that meet the Self -Hauler requirements of this Code, Commercial Organic Waste Generators, including Multi -Family Residential Dwellings, shall subscribe to the City's three -container Organic Waste collection service(s) and comply with requirements of those service(s) as described below in paragraph (b) of -12- 2591624 this section. The City shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Except for Commercial Organic Waste Generators that meet the Self -Hauler requirements of this Code, Commercial Organic Waste Generators, including Multi -Family Residential Dwellings, shall participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in containers. Generators shall place Source Separated Green Container Organic Waste in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non -Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c) Commercial Organic Waste Generators, except for Multi -Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: (1) A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8. (d) Commercial Organic Waste Generators, including Multi -Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection -13- 2591624 containers with sufficient labels or colors (conforming to paragraphs (c)(1) and (c)(2) above) for employees, contractors, tenants, and customers, consistent with the City's collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR. (e) Commercial Organic Waste Generators, except for Multi -Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service pursuant to 14 CCR Section 18984.1(a)(5). (f) Commercial Organic Waste Generators, except for Multi -Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (g) Commercial Businesses, including Multi -Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (h) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide information as described in (g) in this Section before or within fourteen (14) days of occupation of the premises to new tenants. (i) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 5361 to confirm compliance with the requirements of this Section. (j) If a Commercial Business wants to self -haul, meet the Self -Hauler requirements of this Code. (k) Commercial Organic Waste Generators, including Multi -Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code. (1) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to this Chapter. (m) Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi -family dwellings, for purposes of implementing a collection agreement between the City and a franchised hauler. -14- 2591624 Section 6.25.025 Waivers for Generators. The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste: (a) De Minimis Waivers. The City may waive a Commercial Business' (including Multi -Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Commercial Businesses requesting a de minimis waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph (a)(2) below. (2) Provide documentation that either: (A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify the City if circumstances change such that the Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection (a)(2) above, the City shall rescind the waiver. (4) Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver. (b) Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this Chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter. -15- 2591624 Commercial Businesses or property owners requesting a physical space waiver shall: (1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below. (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter, the City shall rescind the waiver. (4) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver. (c) Collection Frequency Waivers. The City may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City's three- container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. (d) The Enforcement Official will be responsible for review and approval of waivers. Section 6.25.030 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. -16- 2591624 (2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self - hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (d) If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information: -17- 2591624 (A) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (B) The quantity of food, measured in annual pounds recovered, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (C) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (D) Any additional information required by the City or the City's Designee. (e) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.) Section 6.25.035 Requirements for Food Recovery Organizations and Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. (4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): -18- 2591624 (1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). (d) Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). (e) Food Recovery Capacity Planning --Food Recovery Services and Food Recovery Organizations. In order to support the City's cooperation with the County of Orange in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. Section 6.25.040 Requirements for Haulers, Facility Operators and Community Composting Operations. (a) Requirements for Haulers. Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City's boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste: -19- 2591624 (1) Through written notice to the City_on an annual basis, identify the facilities to which they will transport Organic Waste. (2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3. (3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (b) Paragraph (a) of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code. (c) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in -vessel digestion facilities, and publicly -owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City. (2) Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City. Section 6.25.045 Self -Hauler Requirements. In addition to any other requirements for Self -Haulers as contained in this Code: (a) Self -Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3. (b) Self -Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in -20- 2591624 the City's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) Self -Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self -Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (d) Self -Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (e) A Single -Family Organic Waste Generator that self -hauls Organic Waste is not required to record or report information in paragraph (d) of this section. (f) Self -Haulers that are Commercial Businesses (including Multi -Family Self -Haulers) shall provide information collected in paragraph (d) of this section to the City every thirty days. Section 6.25.050 Compliance with CALGreen Recycling Requirements. (a) In addition to any other requirements of this Code, the following requirements also apply: (1) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City's permit approval, comply with the following: (A) Where five (5) or more Multi -Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the -21- 2591624 collection program offered by the City, or comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. (B) Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi -Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020. (b) For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with. Section 6.25.055 Model Water Efficient Landscaping Ordinance Requirements. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single -Family, Multi -Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015. Section 6.25.060 Procurement Requirements for Direct Service Providers and Vendors. Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers to the City shall comply with the City's policy regarding recovered Organic Waste product procurement, including Recycled -Content Paper procurement. Section 6.25.065 Inspections and Investigations by the City. (a) City representatives and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Services, and Food Recovery Organizations, subject to -22- 2591624 applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections, including using Remote Monitoring, for Prohibited Container Contaminants. (b) A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; (2) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein. (c) Any records obtained by the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq. (d) The City's representatives, its Designees and agents are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3. Section 6.25.070 Enforcement. (a) Violation of any provision of this Chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines set forth in Chapter 1.15 (Enforcement) of Title 1 (General Provisions) of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State -23- 2591624 courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. The provisions of subsection (a) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or the City's Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and contamination processing fees. (b) Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official. (c) Penalty Amounts for Types of Violations For the purposes of this Chapter, the penalty levels for violations of the provisions of this Chapter are as follows: (1) For a first violation, the amount of the base penalty shall be $50 per violation. (2) For a second violation, the amount of the base penalty shall be $100 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 per violation. (d) Compliance Deadline Extension Considerations The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies." SECTION 3. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment. -24- 2591624 SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance or a summary as required by law. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Seal Beach this day of 12021. AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria Harper, City Clerk APPROVED AS TO FORM Craig Steele, City Attorney -25- 2591624 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 ordinance was introduced for first reading at a regular meeting held on December 13, 2021 and was passed, approved, and adopted by the City Council at a regular meeting held on the day of , 2021 and do hereby further certify that Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk -26- 2591624 i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Public Works Director SUBJECT: Reviewing the Tennis Center Conceptual Design Plans and Approving Budget Amendment BA 22-06-03 for the Tennis Center Improvement Project, CIP BG2105 SUMMARY OF REQUEST: That the City Council: 1. Review and provide feedback on the Tennis Center Improvement Project Conceptual Design Plans, CIP BG2105; and, 2. Adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000 appropriating funds to the Tennis Center Improvement Project, CIP BG2105. BACKGROUND AND ANALYSIS: Background: The City's Tennis and Pickleball Center Facility is comprised of three (3) general buildings — the clubhouse, the locker/workout room, and the multi-purpose room. The 2011 Citywide Facility Condition Assessment identified all these 1970's buildings to be in poor condition, with 67 identified deficiencies, including seismic retrofits, kitchen upgrades to comply with health department requirements, fire safety upgrades, waterproofing, and structural enhancements. Ongoing maintenance and observation showed further deterioration since the 2011 Facility Condition Assessment. At the March 31, 2021 City Council Strategic Planning meeting, there was discussion of seven high priority capital improvement projects, which included the Tennis and Pickleball Center. During this meeting, City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse given the expensive repair estimate for the locker room. The locker room estimated cost to comply with current building codes, ADA requirements, and necessary maintenance was over $800,000. It should be noted that the $800,000 estimate to Agenda Item U repair the locker room does not include the funds required to address the clubhouse compliancy issues. The Tennis Center Locker Room Project was budgeted in the FY 2021-2022 Capital Improvement Program to evaluate the design options to renovate versus replacing the existing locker room. As a result, staff retained Gills + Panichapan Architects, Inc., to develop conceptual design plans. Concept Design: After evaluating the project costs to repair both buildings, conducting a Tennis and Pickleball Center member survey, and discussing with Recreation and Tennis and Pickleball Center staff, the design team explored the possibility of reconfiguring the existing clubhouse to combine the clubhouse and locker room uses under one roof. This concept was based on the concept of meeting the functionality of a community gathering space, providing locker room amenities, and optimizing the use of City funds. This would create added value versus simply repairing the building, as the proposed design would increase the clubhouse square footage, capture underutilized space, and create future event space for the community. Features would include: • Locker rooms with modern amenities including showers, restrooms, day - use lockers, and changing space. • Open concept multi-purpose room that would be equipped to host community events or serve as a private rental space. • A kitchen to serve daily Tennis and Pickleball Center users and/or a warming/catering area for events. • A sliding glass door system that opens the clubhouse, connecting the outdoor and indoor space, thereby increasing functionality. • Staff workspace combined with an appropriately sized pro shop. • Energy-efficient mechanical, electrical, and plumbing equipment. The combined concept also includes site upgrades, such as: (1) new LED court lighting to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs; and, (2) renovated multi- purpose building to allow for a more versatile space for community programming or recreation purposes; and (3) demolition of the existing locker room that would create additional open space for the Tennis and Pickleball Center. The estimated project cost is at $2,630,000 and is further detailed in the Financial Impact section below. This cost includes necessary building repairs to become code compliant, safety upgrades, and additional facility space, which would create a vital asset for the community. For comparison purposes, to individually improve the buildings and site through separate projects, the cost could potentially increase to over $4 million. Page 2 Next Steps: The Tennis and Pickleball Center Improvement Project Conceptual Design Plans were formulated based on the Tennis and Pickleball Center users and staff input, combined with the effective space planning and cost-effective design. With City Council's feedback and appropriation of funds, the design phase can start in January 2022. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a budget amendment will not have a significant effect on the environment. Environmental impacts related to the approval of design and project construction will be assessed and confirmed under a separate effort. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The FY 2021-2022 Capital Improvement Program budget allocated $60,000 from the General Fund for the Tennis Center Locker Room Project, CIP BG2105. The conceptual design is estimated to total $30,000. The remaining costs are estimated to total $2,600,000. Budget Amendment BA 22-06-03 in the net amount of $2,570,000 is recommended for approval. This amount would reduce the General Fund appropriation by $30,000 and appropriate $2,600,000 from the ARPA Fund for the costs associated with design, construction management, construction, inspection, furniture, fixtures, and equipment, and other related expenditures based on the presented conceptual design. The table below presents a breakdown of the estimated Project cost: Description Amount Club House & Locker Room $ 1,900,000 Site Lighting $ 400,000 Multi -Purpose Building $ 300,000 Concept Design $ 30,000 Total $ 2,630,000 Page 3 Description ARPA Fund - Capital Project Expenditures Capital Improvement Fund — Capital Project Expenditures Account 219-300-0034-55000 301-500-0333-55000 STRATEGIC PLAN: Revised/ Adopted Budget $0 $60,000 Proposed Budget $2,600,000 $30,000 Budget Amendment $ 2,600,000 ($30,000) On March 31, 2021, this item was identified as a Council Strategic Objective for the coming year. The completion of the Tennis and Pickleball Center Conceptual Design fulfills this objective. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council: 1. Review and provide feedback on the Tennis Center Improvement Project conceptual design plans, CIP BG2105; and, 2. Adopt Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000 appropriating funds to the Tennis Center Improvement Project, CIP BG2105. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Public Works Director NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Denice Bailey, Assistant Engineer Page 4 ATTACHMENTS: A. Resolution 7233 Page 5 RESOLUTION 7233 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING BUDGET AMENDMENT 22-06-03 FOR THE TENNIS CENTER IMPROVEMENT PROJECT, CIP BG2105 WHEREAS, the 2011 Citywide Facility Condition Assessment Report identified the Tennis Center facility to be in poor condition; and, WHEREAS, recent observations of the Tennis and Pickleball Center buildings showed further deterioration since the 2011 Citywide Facility Condition Assessment Report; and, WHEREAS, the City desires to effectively use the Tennis and Pickleball Center facility space to provide for the community and the end users; and, WHEREAS, at the March 31, 2021, Strategic Planning meeting, the City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse; and, WHEREAS, on December 13, 2021, the Tennis and Pickleball Center Improvement Project Conceptual Design Plans were presented to City Council for feedback and the City Council provided feedback with respect to the Conceptual Design Plans. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Budget Amendment 22-06-03 allocating $2,570,000 for the Project as follows: Revised/ Adopted Proposed Budget Description Account Budget Budget Amendment ARPA Fund - 219-300-0034- $60,000 $ 2,630,000 $ 2,570,000 Capital 55000 Project Expenditures PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of December 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, 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 7233 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December 2021. Gloria D. Harper, City Clerk i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: December 13, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: City Council Reorganization SUMMARY OF REQUEST: That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2022. BACKGROUND AND ANALYSIS: Annually, the City Council has undergone a reorganization to select one of its members as Mayor and one member as Mayor Pro Tempore. Pursuant to City Charter Section 404, the Mayor shall serve in such capacity at the pleasure of the City Council and the City Council shall also designate a Mayor Pro Tempore. City Charter Section 404 is attached for reference. 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. Agenda Item V MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2022. SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk ATTACHMENTS: A. City Charter Section 404 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager ARTICLE IV ELECTIVE OFFICERS SECTION 400. Elective Officers. The elective officers of the City shall consist of five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four (4) years and until their respective successors qualify. The term of each elective officer shall commence on the twenty-first (21st) day following his/her election at the time of the completion of the canvass of the election returns. (Amended 1974, 1978, 2006, 2014) SECTION 401. Eligibility. (Repealed 2002) SECTION 402. Compensation. Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Sections 36516 and 36516.5 of the State of California Government Code as such provisions now exist or may thereafter be amended. Each member of the City Council shall receive reimbursement for Council authorized expenses in accordance with provisions of Section 36514.5 and 37201 through 37205 of the State of California Government Code. (Amended 1990) SECTION 403. Vacancies. A vacancy in any elective office shall be filled in accordance with state law. (Amended 2006) SECTION 404. City Council. Presiding Officer, Mayor. a) Upon the completion of the canvass of the election returns of any municipal election at which any member or members of the City Council is or are elected, the City Council shall meet and shall elect one (1) of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall also act in a liaison capacity between the City Council and the City Manager, and in such capacity shall advise the City Manager on matters of Council Policy. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. b) Mayor Pro Tempore. At the same time as a Mayor is selected, the City Council shall also designate one (1) of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of -5- Seal Beach Official Charter the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. (Amended 1974) SECTION 405. Powers Vested in the City Council. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. SECTION 406. Interference in Administrative Service. Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her powers and duties; or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employment or removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. SECTION 407. Meetings, The City Council shall hold regular meetings at least once each month in accordance with the Brown Act (California Government Code Section 54950 et seq.), as such statute now exists or may hereafter be amended, at such times, as it shall fix by ordinance or resolution. The City Council may adjourn or re -adjourn any meeting and may call special meetings, in accordance with the Brown Act. If at any time any regular meeting falls on a holiday, such regular meeting may be held thereafter prior to the next regular meeting. (Amended 2002) SECTION 408. Special Meetings (Repealed 2002 — Superseded by Section 407) SECTION 409. Place of Meeting. All meetings shall be held in such place, as the City Council shall fix by ordinance or resolution, or in such place to which any such meeting may be adjourned and shall be open to the public. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings will be held for the duration of the emergency at such place as is designated by the Mayor, or if he/she should fail to act, by three (3) members of the City Council. SECTION 410. Quorum. Proceedings. A majority of the members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time. In the absence of all of the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. Seal Beach Official Charter