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HomeMy WebLinkAboutAgenda Packet_01242022SEA4�e••• A G E N D A MEETING OF THE CITY COUNCIL Monday, January 24, 2022 - 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. sea Ibeach ca. 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: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/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:Hus02web.zoom.us/j/84778336771. 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 • Update on Redistricting 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 January 24, 2022. 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://us02web.zoom.us/j/8477833677,i. 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 CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A. Approval of the January 10, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022. B. Demands on City Treasury (Fiscal Year 2022) — January 24, 2022 - Ratification. C. Monthly Investment Report — December 31, 2021 - Receive and file. D. Second Reading and Adoption of Ordinance 1692 - That the City Council adopt Ordinance 1692 titled "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." E. Professional Services Agreement with Michael Baker International, Inc. - That the City Council adopt Resolution 7243: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc., for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301. RevisedlAdc Fteu B udg et ruiff. CescriFticn F;ccount Budget PrcFcse Budget amendment GeneraIPlan- Building 10'-300-0231—r1N1 c - c 74,830 c 7.880 F. Authorizing an Application for the Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project - That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project. G. Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., Inc., for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 - That the City Council adopt Resolution 7245: 1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and, 2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $250,646, including the Total Base Bid of $212,296 and the Additive Bid Items No. Al and A2, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not -to -exceed amount of $35,000. H. Authorizing the 2021 Pavement Management Relief Funding Program Project List - That the City Council adopt Resolution 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program. I. Approving and Authorizing a Professional Services Agreement with Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not -to -exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project. J. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. - That the City Council adopt Resolution 7248: 1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. K. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Area Security Initiative (UASI) - The proposed City Council action will adopt Resolution 7249 authorizing the City Manager to execute an agreement on the City's behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub -granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING — None UNFINISHED / CONTINUED BUSINESS — None NEW BUSINESS — None ADJOURNMENT Adjourn the City Council to Monday, February 14, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Approval of the January 10, 2022 City Council Minutes SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022. 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 A RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022. 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 January 10, 2022 The City Council met in Regular Session at 7:00 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 Philip Gonshak, Police Chief Joe Bailey, Chief, Marine Safety Department Alexa Smittle, Director of Community Development Sherry Johnson, Interim Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Elizabeth Camarena, Executive Assistant Ron Roberts, Orange County Fire Authority APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that two (2) supplemental communications were received after posting of the agenda. Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, 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 • Orange County Sanitation District Construction Update ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that no emailed comments were received. Stephanie Wade spoke on behalf of Supervisor Foley's Office and thanked the City of Seal Beach for the coat donations for children in need. Mayor Kalmick then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele had no items to report and wished everyone a Happy New Year. CITY MANAGER REPORT City Manager Ingram introduced Interim Finance Director Sherry Johnson and provided a summary of her experience. Interim Finance Director Sherry Johnson provided brief comments. COUNCIL COMMENTS Council Member Moore had no items to report. Council Member Sustarsic had no items to report. Mayor Pro Tem Varipapa had no items to report. Council Member Massa-Lavitt thanked the Orange County Sanitation District for tonight's presentation. She indicated that there hasn't been a lot of mosquito activity and noted that there was nothing else to report. Mayor Kalmick indicated that he attended Supervisor Foley's monthly Mayor's meeting and the Orange County Mayor's meeting. Additionally, he announced that the memorial for former Mayor Victor Grgas will be held on Saturday, January 15th at noon at Eisenhower Park. COUNCIL ITEMS City Council Appointment to the Planning Commission - District Two - It is the request of Council Member Moore, that the City Council appoint Dominic Massetti to the Planning Commission, as a representative for District Two. City Clerk Harper provided a comprehensive background on the staff report. Council Member Moore thanked all the applicants for applying. Council Member Moore moved, second by Council Member Massa-Lavitt, to appoint Dominic Massetti to the Planning Commission, as a representative for District Two. City Clerk Harper took a roll call vote to approve Item A. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar. B. Approval of the December 13, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on December 13, 2021. C. Demands on City Treasury (Fiscal Year 2022) — January 10, 2022 - Receive and file. D. Monthly Investment Report — November 30, 2021 - Ratification. 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. 2022 Calendar of Meeting Dates - That the City Council receive and file the 2022 calendar of meeting dates, which include the cancellation of the first meeting in July (11th) and the second meetings in August (22nd), November (28th), and December (26th). G. 2022 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7234 confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2022 and direct the City Clerk to revise and post on the website the 2022 Fair Political Practices Commission (FPPC) Form 806. H. Notice of Completion for City Yard Roofing Project, CIP BG2106 - That the City Council adopt Resolution 7235: 1. Accepting the City Yard Roofing Project, CIP BG2106, by Garland/DBS, Inc. in the amount of $177,644; 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. I. Rejecting All Bids for the 6th Street Alley Improvement Project, CIP SS1902 - That the City Council adopt Resolution 7236 rejecting all bids received for the 6th Street Alley Improvement Project, CIP SS1902, and directing the Director of Public Works to readvertise the Project for bids. J. Appointment of Sherry Johnson as Interim Director of Finance/City Treasurer - That the City Council adopt Resolution 7237 approving the appointment of Sherry Johnson as Interim Director of Finance/City Treasurer. K. SB 90/State Mandated Cost Reimbursement Claim Preparation Services by Nichols Consulting Agreement for Fiscal Years 2021 — 2024 - That the City Council adopt Resolution 7238 authorizing the City of Seal Beach to enter into a revised professional services agreement with Nichols Consulting, and authorizing the City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereof. L. Acceptance of 2021-2024 Department of Justice: California Healthcare, Research and Prevention Tobacco Tax Act of 2016 - That the City Council adopt Resolution 7239- 1. Approving an agreement between the City of Seal Beach and the State of California Department of Justice to provide grant funding for Seal Beach Police Department education and enforcement activities; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and, 3. Approving Budget Amendment (BA) 22-07-01 for $56,546. M. Authorizing an Application for the Department of Water Resources Urban and Multibenefit Drought Relief Grant Program for the Beverly Manor Booster Station Rehabilitation Project and Lampson Well Treatment System - That the City Council: 1. Adopt Resolution 7240 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Beverly Manor Booster Station Rehabilitation Project; and, 2. Adopt Resolution 7241 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Lampson Well Treatment System. N. 2021 Seal Beach City Jail HCA Annual Health Evaluation - That the City Council receive and file the 2021 Seal Beach City Jail HCA Annual Health Evaluation conducted by the Orange County Health Care Agency staff for Seal Beach City Jail on December 14, 2021. O. Establishing Hourly Wages for Part-time, Seasonal, and Temporary Employees - That the City Council adopt Resolution 7242, establishing hourly wages for part-time, seasonal, and temporary employees to remain compliant with the State of California's Minimum wage order effective on January 1, 2022. 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 There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Kalmick adjourned the City Council meeting at 7:40 p.m., to Monday, January 24, 2022, 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 1-24-2022 Approve by Minute Order Demands on Treasury: Warrants-A/P: Checks 22291 - 22377 Electronic Funds Transfer 1182 - 1193 Bank Draft: CalPERS Medical Wire Voided Checks $ 375,168.18 13,536.91 141,627.53 $ 530,332.62 Year -to -Date: $ 24,041,935.13 Payroll: Payroll Direct Deposit $ 480,514.81 Total Payroll: $ 480,514.81 Year -to -Date: $ 6,777,569.66 Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: pwc�d%S, 1.1s•2Z Sherry Jolt son A Date Interim Director of Finance/City Treasurer Vendor Number Vendor Name 6,282.00 Payable # Payable Type Post Date Bank Code: APBW General -BW City General Acct. 5,176.50 000592 Liebert Cassidy Whitmore 523.19 206397 Invoice 01/06/2022 000876 Sectran Security, Inc. 0.00 21120491 Invoice 01/06/2022 000257 Dan Davis 132.63 Jan 2022 Invoice 01/12/2022 000263 Darrell Hardin 0.00 Jan 2022 Invoice 01/12/2022 000274 David Van Holt 96.78 Jan 2022 Invoice 01/12/2022 000317 Don Hagen Jan 2022 Invoice 01/12/2022 000490 James E. Nettleton 145.65 Jan 2022 Invoice 01/12/2022 000492 James Johnson 0.00 Jan 2022 Invoice 01/12/2022 000531 John Scott 1,245.95 Jan 2022 Invoice 01/12/2022 000532 John Wachtman Jan 2022 Invoice 01/12/2022 000621 Marcie Palmitier 2,055.05 Jan 2022 Invoice 01/12/2022 000830 Ronald LaVelle Jan 2022 Invoice 01/12/2022 000040 American Heritage Life 4247111-22 Invoice 01/06/2022 000056 Anne Pennypacker 145408 Invoice 01/06/2022 000105 Boardriders Wholesale LLC 9011740329 Invoice 01/06/2022 9011740330 Invoice 01/06/2022 9011740332 Invoice 01/06/2022 901.1740333 Invoice 01/06/2022 000133 BUSINESS CARD ?52�-2-02.1 Invoice 01/06/2022 000194 City Of Cypress 12512 Invoice 01/06/2022 000200 City of Seal Beach 12..29.2021 Invoice 01/06/2022 12.29.2021/2 Invoice 01/06/2022 000233 County of Orange Payment Date Payment Type Payable Description 01/07/2022 EFT Services Sept 2021 01/07/2022 EFT Services Dec 2021 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/13/2022 EFT Retiree Medical Reimb-Jan 2022 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/13/2022 EFT Retiree Medical Reimb-Jan 2022 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/13/2022 EFT Retiree Medical Reimb-Jan 2022 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/13/2022 EFT Retiree Medical Reimb-Jan 2022 01/13/2022 EFT Retiree Medical Reimb- Jan 2022 01/06/2022 Regular Services Jan 2022 01/06/2022 Regular Instructor Pay 11-17 to 12-16-2021 01/06/2022 Regular Pool Shirts Male Full Time Shirts Polo Beach Tees- Female Beach Female Pool Tees 01/06/2022 Regular Credit Card Purchases 11-11 to 12-10-202 01/06/2022 Regular West -Comm JPA FY 2021 -2022 -3rd Install 01/06/2022 Regular U B P KT00205 12/29.2021 UBPKT00202 12/29/2021 01/06/2022 Regular Check Report By Check Number Date Range: 01/05/2022 - 01/13/2022 Discount Amount Payment Amount Number Discount Amount Payable Amount 0.00 614.88 1191 0.00 614.88 0.00 232.94 1192 0.00 232.94 0.00 1,151.57 1193 0.00 1,151.57 0.00 0.00 6,282.00 1182 0.00 5,176.50 22292 6,282.00 5,176.50 0.00 0.00 523.19 1183 0.00 683.10 523.19 730.35 0.00 0.00 132.63 1184 0.00 132.63 0.00 456.06 1185 0.00 456.06 0.00 96.78 1186 0.00 96.78 0.00 145.65 1187 0.00 145.65 0.00 600.21 1188 0.00 600.21 0.00 1,245.95 1189 0.00 1,245.95 0.00 2,055.05 1190 0.00 2,055.05 0.00 614.88 1191 0.00 614.88 0.00 232.94 1192 0.00 232.94 0.00 1,151.57 1193 0.00 1,151.57 0.00 13.00 22291 0.00 13.00 0.00 5,176.50 22292 0.00 5,176.50 0.00 2,603.65 22293 0.00 568.05 0.00 683.10 0.00 730.35 0.00 622.15 0.00 12,284.77 22294 0.00 12,284.77 0.00 218,542.90 22295 0.00 218,542.90 0.00 34,989.01 22296 0.00 2,201.42 0.00 32,787.59 0.00 149.65 22297 1/20/2022 3:49:42 PM Page 1 of 7 Check Report Date Range: 01/05/2022 - 01/13/2022 Discount Amount PaymentAmount Vendor Number Vendor Name Payable Amount Payment Date Payment Type Payable # Payable Type Post Date Payable Description SH60574 Invoice 01/06/2022 Pre -Booking Forms 000235 County of Orange 0.00 709.28 01/06/2022 Regular PW220239 Invoice 01/06/2022 NPDES Cost Share 2021-2022 000283 Delta Dental Insurance Company 01/06/2022 Regular BE004748533 Invoice 01/06/2022 Services Jan 2022 000284 Delta Dental of California 01/06/2022 Regular BE004751479 Invoice 01/06/2022 Services Jan 2022 000302 DIRECTV 01/06/2022 Regular 04S 50,295X2112 Invoice 01/06/2022 Services 12-27-21 to 1-26-2022 000349 Employment Development Dept. 01/06/2022 Regular L1533027600 Invoice 01/06/2022 Services July - Sept 2021 000381 Free - Lance Masonry 0.00 01/06/2022 Regular 2021-155 Invoice 01/06/2022 Concrete Sidewalk Repair Work 000382 Frontier Communications 0.00 01/06/2022 Regular 209094684011-2 Invoice 01/06/2022 Services 12-10-21 to 1-9-2022 562437.6879/1=2 Invoice 01/06/2022 Services 12-25-21 to 01-24-2022 562598451412-2 Invoice 01/06/2022 Services 12-10-21 to 1-9-2022 5625986069/1-2 Invoice 01/06/2022 Services 12-25-21 to 1-24-2022 5 625 98 8 5 6 011-2 Invoice 01/06/2022 Services 12-28-21 to 1-27-2022 562598862421=2 Invoice 01/06/2022 Services 12-10-21 to 1-9-2022 000410 Golden State Water Company 01/06/2022 Regular 231130000OGI12 Invoice 01/06/2022 Services 10-22 to 12-22-2021 000443 Hill's Bros. Lock & Safe 01/06/2022 Regular 76551 Invoice 01/06/2022 Service Lock on Traffic Signal Box 000445 Holman Family Counseling Inc. 01/06/2022 Regular INV1028849 Invoice 01/06/2022 Employee Assistance Program -Jan 2022 000447 Home Depot Credit Services 01/06/2022 Regular 1741253 Invoice 01/06/2022 Hand Held Spreader 4352577 Invoice 01/06/2022 Monster Hose Pressure Washer 4370091 Invoice 01/06/2022 Plug Connect 8213465 Invoice 01/06/2022 Batteries 8481610 Invoice 01/06/2022 18 Volt Lithium 9679477 Invoice 01/06/2022 9" Diamond Premium Blade 9903305 Invoice 01/06/2022 Compact Inflator 000641 MCI Comm Services 33.02 01/06/2022 Regular 7Df,26042/1-22 Invoice 01/06/2022 Services Jan 2022 7N48417811-22 Invoice 01/06/2022 Services Jan 2022 000742 P.L. Perrin & Associates 86.29 01/06/2022 Regular 21.06 Invoice 01/06/2022 Services 12-15-21- CB 000825 Robin Forte-Lincke 24.95 01/06/2022 Regular W21310 Invoice 01/06/2022 TV Origination Services Payment # 13 000897 So. California Gas Co. 01/06/2022 Regular 02860957055112 Invoice 01/06/2022 Services 11-18 to 12-20-2021 0349094 7 1 Invoice 01/06/2022 Services 11-18 to 12-20-2021 03494644572/12 Invoice 01/06/2022 Services 11-19 to 12-21-2021 03910957004112 Invoice 01/06/2022 Services 11-18 to 12-20-2021 064309a6007/12 Invoice 01/06/2022 Services 11-19 to 12-21-2021 0811 165917112 Invoice 01/06/2022 Services 11-19 to 12-21-2021 08119376542/12 Invoice 01/06/2022 Services 11-18 to 12-20-2021 08950966039/12 Invoice 01/06/2022 Services 11-19 to 12-21-2021 1/20/2022 3:49:42 PM Page 2 of 7 Date Range: 01/05/2022 - 01/13/2022 Discount Amount PaymentAmount Number Discount Amount Payable Amount 0.00 149.65 4,331.21 22302 0.00 34,594.63 22298 0.00 34,594.63 0.00 0.00 709.28 22299 0.00 709.28 995.00 0.00 11,735.89 22300 0.00 11,735.89 0.00 Page 2 of 7 0.00 257.99 22301 0.00 257.99 0.00 4,331.21 22302 0.00 4,331.21 0.00 995.00 22303 0.00 995.00 0.00 703.41 22304 0.00 42.98 0.00 124.16 0.00 124.16 0.00 124.16 0.00 57.06 0.00 230.89 0.00 185.87 22305 0.00 185.87 0.00 109.00 22306 0.00 109.00 0.00 109.89 22307 0.00 109.89 0.00 1,571.47 22308 0.00 42.62 0.00 172.38 0.00 27.95 0.00 827.52 0.00 320.02 0.00 64.62 0.00 116.36 0.00 78.69 22309 0.00 39.17 0.00 39.52 0.00 265.00 22310 0.00 265.00 0.00 1,453.50 22311 0.00 1,453.50 0.00 2,588.52 22312 0.00 24.95 0.00 33.02 0.00 26.85 0.00 935.31 0.00 86.29 0.00 26.85 0.00 24.95 0.00 112.24 Page 2 of 7 Check Report Date Range: 01/05/2022 - 01/13/2022 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 12080919009112 Invoice 01/06/2022 Services 11-17 to 12-17-2021 0.00 50.00 14830985009112 Invoice 01/06/2022 Services 11-19 to 12-21-2021 0.00 932.98 16300985005112 Invoice 01/06/2022 Services 11-19 to 12-21-2021 0.00 174.41 16720965009112 Invoice 01/06/2022 Services 11-19 to 12-21-2021 0.00 160.67 000904 Southern Calif. Edison 01/06/2022 Regular 0.00 10,305.10 22313 MUMMA 1 Invoice 01/06/2022 Services 11-18 to 12-17-2021 0.00 2,611.41 700133092229/1 Invoice 01/06/2022 Services 11-15 to 12-14-2021 0.00 18.32 700173536680/1 Invoice 01/06/2022 Services 11-18 to 12-17-2021 0.00 17.63 70019458012511 Invoice 01/06/2022 Services 11-12 to 12-13-2021 0.00 2,975.61 7002910352109/1 Invoice 01/06/2022 Services 11-12 to 12-13-2021 0.00 1,317.65 70034873,1111/1 Invoice 01/06/2022 Services 11-12 to 12-13-2021 0.00 1,644.08 700385,76954311 Invoice 01/06/2022 Services 11-18 to 12-17-2021 0.00 20.76 70039717422411 Invoice 01/06/2022 Services 12-01 to 12-29-2021 0.00 93.79 70040390107111 Invoice 01/06/2022 Services 11-12 to 12-13-2021 0.00 676.66 70044688409411 Invoice 01/06/2022 Services 12-1 to 12-29-2021 0.00 25.48 100467732226/1 Invoice 01/06/2022 Services 11-10 to 12-12-2021 0.00 827.50 70048648434611 Invoice 01/06/2022 Services 11-18 to 12-17-2021 0.00 17.63 ZW-51390316112 Invoice 01/06/2022 Services 11-15 to9 12-14-2021 0.00 16.65 2 1 7 Invoice 01/06/2022 Services 10-15 to 11-15-2021 0.00 41.93 000912 Springbrook Holding Company LLC 01/06/2022 Regular 0.00 1,521.50 22314 TM INV-004755 Invoice 01/06/2022 Data Pull 0.00 1,521.50 000926 Statewide Traffic Safety and Signs Inc 01/06/2022 Regular 0.00 809.55 22315 02027912 Invoice 01/06/2022 Barricade 0.00 809.55 000951 Superco Specialty Products 01/06/2022 Regular 0.00 477.16 22316 IaPS 25].6?. Invoice 01/06/2022 Graffiti Buster 0.00 477.16 000970 TASC - Client Invoice 01/06/2022 Regular 0.00 426.08 22317 IN22.26640 Invoice 01/06/2022 ACA Employer Reporting 0.00 276.08 IN2230953 Invoice 01/06/2022 Services Nov 2021 0.00 150.00 000996 Time Warner Cable LLC 01/06/2022 Regular 0.00 1,586.73 22318 0010799121821 Invoice 01/06/2022 Services 12-18-21 to 1-17-2022 0.00 116.64 0021291122621 Invoice 01/06/2022 Services 12-26-21 to 1-25-2022 0.00 204.48 0212676122321 Invoice 01/06/2022 Services 12-23-21 to 1-22-2022 0.00 260.95 02132941.21021 Invoice 01/06/2022 Services 12-10-21 to 1-9-2022 0.00 755.94 0270666121921 Invoice 01/06/2022 Services 12-19-21 to 1-18-2022 0.00 118.75 0383287122821 Invoice 01/06/2022 Services 12-28-2021 to 1-27-2022 0.00 129.97 001455 Top Gunn Texture & Acoustic 01/06/2022 Regular 0.00 400.00 22319 101.321 Invoice 01/06/2022 Repair Wall 0.00 400.00 001454 Traffic and Parking Control Co. Inc. 01/06/2022 Regular 0.00 685.13 22320 1712523 Invoice 01/06/2022 Radio/ LCD Assembly 0.00 685.13 001027 USC Foundation Office 01/06/2022 Regular 0.00 270.00 22321 18923 Invoice 01/06/2022 Renewal Membership 2022- D Escobedo 0.00 270.00 001037 Verizon Wireless 01/06/2022 Regular 0.00 1,511.31 22322 9894086975 Invoice 01/06/2022 Services 11-2 to 12-01-2021 0.00 1,511.31 001046 Vision Service Plan - (CA) 01/06/2022 Regular 0.00 1,875.42 22323 813980002 Invoice 01/06/2022 Services Jan 2022 0.00 1,467.21 813980017 Invoice 01/06/2022 Services Jan 2022 0.00 408.21 001211 William Wickwire 01/06/2022 Regular 0.00 150.00 22324 415348103415 Invoice 01/06/2022 Exam - N Bolin 10-12-2021 0.00 150.00 000023 Ahumada, Raul 01/12/2022 Regular 0.00 508.77 22326 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 508.77 1/20/2022 3:49:42 PM Page 3 of 7 Check Report Date Range: 01/05/2022 - 01/13/2022 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 001190 Anthony Febbriello 01/12/2022 Regular 0.00 211.19 22327 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 211.19 000174 Charles Feenstra 01/12/2022 Regular 0.00 72.53 22328 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 72.53 000180 Cheryl Heggstrom 01/12/2022 Regular 0.00 34.00 22329 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 34.00 000260 Daniel Dorsey 01/12/2022 Regular 0.00 485.00 22330 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 485.00 000277 Dean Zanone 01/12/2022 Regular 0.00 322.00 22331 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 322.00 000289 Dennis Root 01/12/2022 Regular 0.00 614.88 22332 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 614.88 000389 Gary Buzzard 01/12/2022 Regular 0.00 145.65 22333 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 145.65 000391 Gary Krogman 01/12/2022 Regular 0.00 508.77 22334 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 508.77 000400 Ginger Bennington 01/12/2022 Regular 0.00 144.63 22335 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 144.63 000436 Helen Kling 01/12/2022 Regular 0.00 262.71 22336 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 262.71 000489 Jacqueline Guidry 01/12/2022 Regular 0.00 145.65 22337 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 145.65 000491 James F Groos 01/12/2022 Regular 0.00 66.00 22338 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 66.00 000506 Jeff Watson 01/12/2022 Regular 0.00 363.76 22339 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 363.76 000510 Jerry Ellison 01/12/2022 Regular 0.00 41.78 22340 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 41.78 000516 Jill Maiten 01/12/2022 Regular 0.00 205.99 22341 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 205.99 000521 Jo Ellen Perry 01/12/2022 Regular 0.00 437.43 22342 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 437.43 000542 Joseph Miller IV 01/12/2022 Regular 0.00 1,543.69 22343 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 1,543.69 000554 Karen Walton 01/12/2022 Regular 0.00 964.88 22344 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 964.88 000558 Kathleen McGlynn 01/12/2022 Regular 0.00 239.21 22345 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 239.21 000561 Kenneth Garrett 01/12/2022 Regular 0.00 707.01 22346 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 707.01 000564 Kevin Vilensky 01/12/2022 Regular 0.00 145.65 22347 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 145.65 000586 Lee Gardner 01/12/2022 Regular 0.00 232.94 22348 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 232.94 000587 Lee Whittenberg 01/12/2022 Regular 0.00 614.88 22349 1/20/2022 3:49:42 PM Page 4 of 7 Check Report Date Range: 01/05/2022 - 01/13/2022 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Jan 202.2 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 614.88 000589 Leonard Frisbie 01/12/2022 Regular 0.00 93.00 22350 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 93.00 000594 Lindasu McDonald 01/12/2022 Regular 0.00 457.56 22351 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 457.56 000620 Marcia Gordon 01/12/2022 Regular 0.00 312.00 22352 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 312.00 000630 Mark Risinger 01/12/2022 Regular 0.00 1,424.20 22353 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 11424.20 001204 Michael Uggla 01/12/2022 Regular 0.00 153.53 22354 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 153.53 000655 Michele Hall 01/12/2022 Regular 0.00 637.29 22355 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 637.29 000656 Michele Stearns 01/12/2022 Regular 0.00 143.99 22356 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 143.99 000678 Moulton, Kay 01/12/2022 Regular 0.00 172.36 22357 Jan 2.022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 172.36 000680 Mullins, Robert 01/12/2022 Regular 0.00 1,218.43 22358 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 1,218.43 000704 Norberto Masangkay 01/12/2022 Regular 0.00 176.64 22359 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 176.64 000745 Pam Sides 01/12/2022 Regular 0.00 145.65 22360 Jan 2022 Invoice 01/12/2022 Jan 2022 0.00 145.65 000752 Patrick Sullivan 01/12/2022 Regular 0.00 584.96 22361 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 584.96 000803 Randy Frey 01/12/2022 Regular 0.00 601.78 22362 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 601.78 000804 Ransdell, Rick 01/12/2022 Regular 0.00 1,018.72 22363 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 1,018.72 000823 Robert Stanzione 01/12/2022 Regular 0.00 304.80 22364 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 304.80 000831 Ronald Lawson 01/12/2022 Regular 0.00 193.00 22365 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 193.00 000850 Sam D'amico 01/12/2022 Regular 0.00 614.88 22366 Jan 202.2 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 614.88 000880 Serna, Paul 01/12/2022 Regular 0.00 495.01 22367 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 495.01 000915 Stacy Picascia 01/12/2022 Regular 0.00 232.94 22368 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb- Jan 2022 0.00 232.94 000931 Stephanie Stinson 01/12/2022 Regular 0.00 15.78 22369 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 15.78 000932 Stephen Bowles 01/12/2022 Regular 0.00 508.77 22370 Jan 2022 Invoice 01/12/2022 Retiree Medical Reimb-Jan 2022 0.00 508.77 000933 Stephen Chauncey 01/12/2022 Regular 0.00 604.78 22371 1/20/2022 3:49:42 PM Page 5 of 7 Check Report Payable Description Vendor Number Vendor Name Payable # Payable Type Jan 2022 Invoice 000937 Steve Staley Jan 2022 Invoice 000938 Steve Stockett Jan 2022 Invoice 000998 Timothy Olson Jann 2022 Invoice 001000 Tom Brayton Jan 2022 Invoice 001040 Vicki Shirley Jan 2022 Invoice 001230 William Moran Jan 2022 Invoice 000149 CALPERS 5401956184/1- Invoice Payment Date Payment Type Post Date Payable Description 01/12/2022 Retiree Medical Reimb-Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb-Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb-Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb- Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb-Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb- Jan 2022 01/12/2022 Regular 01/12/2022 Retiree Medical Reimb-Jan 2022 01/06/2022 Bank Draft 01/06/2022 Services Jan 2022 Bank Code APBW General Summary Payable Payment Payment Type Count Count Discount Regular Checks 133 86 0.00 Manual Checks 0 0 0.00 Voided Checks 0 0 0.00 Bank Drafts 1 1 0.00 EFT's 12 12 0.00 146 99 0.00 Date Range: 01/05/2022 - 01/13/2022 Discount Amount Payment Amount Number Discount Amount Payable Amount 0.00 604.78 0.00 232.94 22372 0.00 232.94 0.00 353.53 22373 0.00 353.53 0.00 1,179.09 22374 0.00 1,179.09 0.00 232.94 22375 0.00 232.94 0.00 109.78 22376 0.00 109.78 0.00 464.02 22377 0.00 464.02 0.00 141,627.53 DFT0000422 0.00 141,627.53 Payment 375,168.18 0.00 0.00 141,627.53 13,536.91 530,332.62 1/20/2022 3:49:42 PM Page 6 of 7 Check Report All Bank Codes Check Summary Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 1/2022 530,332.62 530,332.62 Date Range: 01/05/2022 - 01/13/2022 1/20/2022 3:49:42 PM Page 7 of 7 Payable Payment Payment Type Count Count Discount Payment Regular Checks 133 86 0.00 375,168.18 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 1 1 0.00 141,627.53 EFT's 12 12 0.00 13,536.91 146 99 0.00 530,332.62 Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 1/2022 530,332.62 530,332.62 Date Range: 01/05/2022 - 01/13/2022 1/20/2022 3:49:42 PM Page 7 of 7 CITY OF SEAL BEACH Preliminary Investment Report 12/31/2021 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 checkslACH 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, b%*akL1V- Sherry Johnson Interim Director of Finance/City Treasurer Book Value Market Value 16,285,693.06 16,285,693.06 28,900,994.45 28,967,983.40 45,186, 687.51 45, 253, 676.46 4,792,380.25 (241, 713.37) 5,486.44 44,445.41 4,600,598.73 49,787,286.24 NOTED AND APPROVED: a i Jill R. ram City Manager CITY OF SEAL BEACH Preliminary Investments Detail Report 1213112021 Years to Source of Market Issuer Settlement Date Maturity Date Interest Rate Book Value Market Value Maturity Valuation LAIF CITY: NIA NIA 0.212% 16,285,693.06 16,285,693.06 NIA LAIF Statement Total LA IF. 16,285,693.06 16,285,693.06 US Treasury Notes 10/06/17 09/30/22 1.750% 406,508.59 414,356.25 0.75 Bank of New York US Treasury Notes 06/06/18 09/30/22 1.750% 623,466.80 656,906.25 0.75 Bank of New York US Treasury NIB Notes 05/04/18 10/31/22 2.000% 64,764.92 67,900.31 0.83 Bank of New York US Treasury Notes - 07/05/18 02/28/23 1.500% 118,261.72 126,464.85 1.16 Bank of New York US Treasury Notes 02/12/19 03/31/23 1.500% 197,448.63 207,466.40 1.25 Bank of New York US Treasury Notes 03/15/19 06/30/23 1.375% 316,258.59 333,867.20 1.50 Bank of New York US Treasury Notes 02/12/19 07/31/23 1.250% 199,491.80 212,100.00 1.58 Bank of New York US Treasury Notes 03/08/19 11/15/23 2.750% 580,817.38 596,652.32 1.87 Bank of New York US Treasury Notes 01/09/19 11/30/23 2.125% 712,029.30 744,371.13 1.92 Bank of New York US Treasury NIB 01/31/19 12131123 2.625% 125,371.09 129,648.44 2.00 Bank of New York US Treasury Notes 08/12/21 02129124 2.375% 287,044.57 282,299.06 2.16 Bank of New York US Treasury NIB 06105/19 04130/24 2.000% 964,350.00 985,949.95 2.33 Bank of New York US Treasury Notes 07/03/19 06130124 2.000% 191,959.38 195,254.68 2.50 Bank of New York US Treasury NIB 09/05/19 08/31124 1.875% 718,238.28 717,609.34 2.67 Bank of New York US Treasury NIB 10/01/19 09130/24 2.125% 123,585.94 123,900.00 2.75 Bank of New York US Treasury NIB 10/03/19 09/30/24 2.125% 371,770.31 373,050.00 2.75 Bank of New York US Treasury NIB 11/05/19 10/31/24 2.250% 306,949.22 309,937.50 2.84 Bank of New York US Treasury NIB 12/04/19 11/30/24 2.125% 683,766.41 692,193.75 2.92 Bank of New York US Treasury NIB 03/04/20 02/15/25 2.000% 158,314.45 154,476.57 3.13 Bank of New York US Treasury Notes 08/06/21 08/31/25 0.250% 751,539.06 736,131.29 3.67 Bank of New York US Treasury Notes 09/09/21 09/30/25 0.250% 540,761.72 532,468.75 3.75 Bank of New York US Treasury NIB 01/12/21 12/31/25 0.375% 425,79023 420,386.70 4.00 Bank of New York US Treasury Notes 11/08/21 11/30/25 0.375% 706,365.23 703,023.44 3.92 Bank of New York US Treasury Notes 01/12/21 12/31/25 0.375% 139,146.88 135,668.75 4.00 Bank of New York US Treasury Notes 04/07/21 12/31/25 0.375% 322,175.39 319,790.63 4.00 Bank of New York US Treasury Notes 05/07/21 12/31/25 0.375% 344,367.19 339,171.87 4.00 Bank of New York US Treasury Notes 02/26/21 01/31/26 0.375% 146,894.53 145,125.00 4.09 Bank of New York US Treasury Notes 07/07/21 01/31/26 0.375% 274,618.75 270,900.00 4.09 Bank of New York US Treasury Notes 02/05/21 01/31/26 2.625% 409,370.31 391,217.21 4.09 Bank of New York US Treasury Notes 03/08/21 02128/26 0.500% 532,870.31 524,559.35 4.16 Bank of New York US Treasury Notes 12/07/21 02/28/26 0.500% 564,367.19 563,415.59 4.16 Bank of New York US Treasury NIB Notes 06/04/21 05/31/26 0.750% 698,468.75 685,671.84 4.42 Bank of New York Intl Bk Recon & Develop Corp 11/24/20 11/24/23 0.250% 214,537.75 213,010.82 1.90 Bank of New York Inter -American Devel BK Notes 09/23/21 09/23/24 0.500% 429,681.80 424,501.16 2.73 Bank of New York CA ST TXBL Go Bonds 10/24/19 10/01/23 2.400% 275,402.70 278,278.20 1.75 Bank of New York MS ST TXBL Go Bonds 08/06/20 11/01/24 0.565% 250,000.00 247,142.50 2.84 Bank of New York OR ST Dept Trans TXBL Rev Bonds 09/17/20 11/15/24 0.566% 195,000.00 191,367.15 2.88 Bank of New York UN IV OF CAL TXBL REV Bonds 07/16/20 05/15/25 0.883% 100,362.00 98,974.00 3.37 Bank of New York FL ST Board of Admin TXBL Rev Bonc 09/16/20 07/01/25 1.258% 60,424.20 59,755.20 3.50 Bank of New York FL ST Board of Admin TXBL Rev Boric 09/16/20 07/01/25 1.258% 155,000.00 154,367.60 3.50 Bank of New York Los Angeles CCD, CA TABL Go Bond,, 11/10/20 08/01/25 0.773% 110,000.00 108,087.10 3.59 Bank of New York NJ Turnpike Authority Txble Rev Bond, 02/04/21 01/01/26 1.047% 60,000.00 59,120.40 4.01 Bank of New York FHMS K043 A2 03/25/20 12/01/24 3.062% 162,677.34 162,792.01 2.92 Bank of New York Freddie Mac Notes (CALLABLE) 08/06/20 02/06/23 0.300% 374,310.00 378,864.75 1.10 Bank of New York Fannie Mae Notes 05/22/20 05/22123 0.250% 433,690.65 433,175.61 1.39 Bank of New York Freddie Mac Notes 01/09/19 06/19/23 2.750% 755,265.00 773,709.00 1.47 Bank of New York Freddie Mac Notes 06/26/20 06/26/23 0.250% 244,284.60 243,794.85 1.48 Bank of New York CITY OF SEAL BEACH Preliminary Investments Detail Report 12131/2021 Total Investments: 45,186,687.51 45,253,676.46 Years to Source of Market Issuer Settlement Date Maturity Date Interest Rate Book Value Market Value Maturity Valuation Fannie Mae Notes 07/10/20 07/10/23 0.250% 553,806.75 551,948.06 1.52 Bank of New York Freddie Mac Notes 08/21/20 08/24/23 0.250% 259,734.80 258,328.98 1.65 Bank of New York Fannie Mae Notes 12/06/18 09/12/23 2.875% 688,60620 715,37820 1.70 Bank of New York Federal Farm Credit Bank (Callable) 10/09/20 09/21/23 0.250% 259,558.00 258,001.64 1.72 Bank of New York Freddie Mac Notes 12/04/20 12/04/23 0.250% 234,767.35 232,746.35 1.93 Bank of New York Federal Home Loan Banks Notes 01/31/19 12/08/23 3.375% 360,315.86 367,546.55 1.94 Bank of New York Federal Home Loan Bank Notes 04/16/20 04/14/25 0.500% 278,611.20 274,889.16 3.29 Bank of New York Fannie Mae Notes 06/05/20 04/22/25 0.625% 366,868.80 359,769.92 3.31 Bank of New York Fannie Mae Notes 04/24/20 04/22/25 0.625% 379,217.20 374,554.98 3.31 Bank of New York Fannie Mae Notes 10/05/20 06/17/25 0.500% 301,407.00 293,936.70 3.46 Bank of New York Fannie Mae Notes 06/19/20 06/17/25 0.500% 434,099.55 426,208.22 3.46 Bank of New York Freddie Mac Notes 07/23/20 07/21/25 0.375% 263,680.30 258,032.62 3.56 Bank of New York Fannie Mae Notes 08/27/20 08/25/25 0.375% 278,689.60 272,348.16 3.65 Bank of New York Fannie Mae Notes 10/22/20 08/25/25 0.375% 601,726.95 588,466.56 3.65 Bank of New York Freddie Mac Notes 09/25/20 09/23/25 0.375% 403,780.95 393,556.32 3.73 Bank of New York Freddie Mac Notes 11/12/20 11/07/25 0.500% 259,069.20 253,156.02 3.85 Bank of New York Freddie Mac Notes 11/24/20 11/07/25 0.500% 319,878.40 311,576.64 3.85 Bank of New York American Express Credit Corp 04/05/18 03/03/22 2.700% 195,958.00 200,181.20 0.17 Bank of New York BB&T CORP 04/05/18 04/01/22 2.750% 132,493.05 135,504.50 0.25 Bank of New York National Rural Util Coop Corp 04105/18 04/25/22 2.400% 243,162.50 251,122.25 0.32 Bank of New York JPMorgan Chase&Co Corp Notes 04/05/18 09/23/22 3.250% 264,189.10 270,293.11 0.73 Bank of New York Adobe Inc Corp Note 02/03/20 02/01/23 1.700% 99,863.00 101,101.70 1.09 Bank of New York Caterpillar Fin Services Corp 04/05/18 03/01/23 2.625% 243,572.50 255,553.25 1.16 Bank of New York Home Depot Inc Corp 04/05/18 04/01/23 2.700% 245,250.00 254,842.50 1.25 Bank of New York American honda Finance 01/10/20 05/10/23 1.950% 199,926.00 203,128.00 1.36 Bank of New York Apple Inc Corporate Notes 05/11/20 05/11/23 0.750% 164,551.20 165,273.41 1.36 Bank of New York Toyota Motor Credit Corp 01/31/19 01/08/24 3.350% 166,277.10 172,689.00 2.02 Bank of New York PFIZER Inc 04/04/19 03/15/24 2.950% 202,420.00 208,332.40 2.21 Bank of New York Morgan Stanley Corp Notes 04/22/21 04/05/24 0.731% 35,000.00 34,878.48 2.26 Bank of New York Morgan Stanley Corp Notes 04/22/21 04/05/24 0.731% 110,138.60 109,618.08 2.26 Bank of New York Amazon.com Inc 05/12/21 05/12/24 0.450% 164,759.10 163,282.19 2.36 Bank of New York Bank of America Corp 10/21/20 10/24/24 0.810% 215,000.00 213,584.23 2.82 Bank of New York Novartis Capital Corp 05/11/20 02/14/25 1.750% 280,381.50 273,438.18 3.13 Bank of New York Mastercard Inc Corporate Notes 05/06/20 03/03/25 2.000% 219,095.10 215,011.02 3.17 Bank of New York Bank of NY Mellon Corp 03/08/21 04/24/25 1.600% 364,677.30 357,413.29 3.32 Bank of New York PepsiCo Incmcorp Notes 03/08/21 04/30/25 2.750% 219,661.60 214,453.78 3.33 Bank of New York Citigroup Inc Corp 05/04/21 05/01/25 0.981% 70,000.00 69,367.48 3.33 Bank of New York Citigroup Inc Corp 05/04/21 05/01/25 0.981% 75,198.75 74,322.30 3.33 Bank of New York Goldman Sachs Group Corp 02/17/21 05/22/25 3.750% 217,850.10 207,554.49 3.39 Bank of New York JPMorgan Chase&Co Corp Notes 08/10/21 08/09/25 0.768% 90,000.00 88,598.16 3-61 Bank of New York Bristol-Myers Squibb Co Corp 09/30/20 08/15/25 3.875% 99,994.04 98,327.34 3.62 Bank of New York Sumitomo Mitsui Bank NY 07/14/20 07/08/22 0.700% 220,000.00 220,411.84 0.52 Bank of New York Nordea Bank ABP New York Cert Dept 08/29/19 08/26/22 1.850% 395,000.00 398,790.03 0.65 Bank of New York Skandinaviska Enskilda Banken 09/03/19 08/26/22 1.860% 420,000.00 424,056.78 0.65 Bank of New York DN B Bank ASAINY LTT CD 12!06119 12/02/22 2.040% 205,000.00 207,914.90 0.92 Bank of New York Credit Suisse New York Cert Depos 03/23/21 03/17/23 0.590% 220,000.00 219,951.16 1.21 Bank of New York Hart 2021-C A3 11/17/21 05/15/26 0.740% 49,988.84 49,668.50 4.37 Bank of New York TotalSecurifies 28,900,994.45 28,967,983.40 Total Investments: 45,186,687.51 45,253,676.46 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Second Reading and Adoption of Ordinance 1692 SUMMARY OF REQUEST: That the City Council adopt Ordinance 1692 titled "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." BACKGROUND AND ANALYSIS: At its meeting on December 13, 2021, the City Council approved the introduction of Ordinance 1692 of the City of Seal Beach to add Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code and make a determination of exception under CEQA. This item is to approve the second reading of and adopt Ordinance 1692 in compliance with State law requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. 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 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 Agenda Item D 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 adopt Ordinance 1692 titled "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." SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Ordinance 1692 Page 2 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager 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 241h day of January, 2021. 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 24th day of January, 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 SOF B• . ;Ci 9S� 4 AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Alexa Smittle, Community Development Director SUBJECT: Professional Services Agreement with Michael Baker International, Inc. SUMMARY OF REQUEST: That the City Council adopt Resolution 7243: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc. for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and, 2. Authorizing and directing the City Manager to execute the Agreement. 3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301. Description Account Revised/Adopted Proposed Budget Budget (diff) Budget Amendment General Plan - Building 103-300-0231-51301 $ - $ 74,880 $ 74,880 BACKGROUND AND ANALYSIS: A city's General Plan sets the foundation upon which all land use decisions, and many related policies, are based. The Seal Beach General Plan currently includes a total of eight elements, covering specific aspects of land use and planning. The eight Elements are Land Use, Circulation, Conservation and Open Space, Safety, Housing, Noise, Cultural Resources, and Growth Management. As the City Council is aware, the Housing Element is currently in an update process, which occurs every 8 years. Pursuant to state law, the Housing Element Update triggers other changes to the General Plan, specifically, the City must update its Safety Element, and create an Environmental Justice Element. Though the Safety Element Update is a part of the General Plan and therefore typically falls under Community Development for care and maintenance, participation from the Police Department and the Orange County Fire Authority, as well as other stakeholders will be critical to crafting a document that upholds Agenda Item E all best practices while being tailored for the community. Fortunately, the City's Local Hazard Mitigation Plan (LHMP) is up to date, and the Safety Element Update will be able to leverage the information available in that document (specifically, the Threat and Vulnerability Assessment found in LHMP Chapter 4). The Environmental Justice Element will be a new Element for the City of Seal Beach. Environmental Justice Elements are now required by State law when two or more General Plan Elements are revised; thus, the Housing Element Update and Safety Element Update have triggered the requirement for an Environmental Justice Element. The statutory purpose of this Element under Government Code Section 65302(h) is to identify objectives and policies that reduce health risks in disadvantaged communities, including reduction of pollution exposure, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity. Creation of this Element will be more nuanced, as there are several definitions of disadvantaged communities, though the one applicable in this case is related to median incomes. Both Leisure World and the Naval Weapons Station qualify on a census tract level as disadvantaged. While less is known about the Naval Weapons Station population by City staff, Leisure World incomes are often fixed, and below area median levels. In a retirement community, this is not unexpected; and while income does not necessarily reflect the overall financial stability of a household, these tracts nevertheless meet a definition for disadvantaged communities. The attached proposal for consultant services from Michael Baker International, Inc. outlines the scope of work for this project. Community outreach will play an important component of the process, including development of an advisory committee. As with any Element, there is technical data to be compiled, but the real work is in developing community -specific policies and actions to be implemented. The efforts for the two Elements can fortunately be combined and will not need to work independently of each other. In addition, an environmental assessment will need to be performed under the California Environmental Quality Act (CEQA). The proposal has scoped an Initial Study/Negative Declaration, which is generally believed to be the appropriate path at this time; however, revisions will be made if needed following the Initial Study. The entire project is expected to take approximately nine months to complete. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The proposed Agreement includes a not -to -exceed amount of $74,880 to complete this project. The funding for this project will be funded out of the General Plan reserve, which currently has a balance of $759,556. 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 7243: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc. for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301. Description Account Revised/Adopted Proposed Budget Budget (diff) Budget Amendment General Plan - Building 103-300-0231-51301 $ - $ 74,880 $ 74,880 SUBMITTED BY: Alexa Smittle NOTED AND APPROVED: Jill R. Ingram Alexa Smittle, Community Development Jill R. Ingram, City Manager Director ATTACHMENTS: A. Resolution 7243 B. Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc. RESOLUTION 7243 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR UPDATE AND PREPARATION OF SAFETY AND ENVIRONMENTAL JUSTICE GENERAL PLAN ELEMENTS WITH MICHAEL BAKER INTERNATIONAL, INC. WHEREAS, the City of Seal Beach (City) desires to retain a consultant to assist with the development of an Environmental Justice Element, a Safety Element Update, and associated environmental review; and, WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the professional services agreement ("Agreement") between the City of Seal Beach and Michael Baker International, Inc. in an amount not to exceed $74,880 as set forth in Exhibit "A", attached hereto and incorporated herein by this reference as through set fourth in full. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City and any amendments or extension thereafter. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24t" day of January, 2022 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 7243 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Update and Preparation of Safety and Environmental Justice General Plan Elements between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 855-3685 This Professional Service Agreement ("the Agreement") is made as of January 24 , 2022 (the "Effective Date"), by and between Michael Baker International, Inc. ("Consultant"), a Pennsylvania corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional consulting services to update and prepare certain Elements of its General Plan. 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 consulting 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 planners 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 (collectively "Services") set forth in Consultant's Proposal dated December 21, 2021, 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 Consultant's staff, if any, to do and perform the Services in accordance with such professional standards, 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. 2of18 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 The term of this Agreement shall commence February 1 , 2022 and shall remain in full force and effect until February 1, 2023, unless sooner terminated as provided inSection 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 on page 9 of Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $74,880 (seventy-four thousand, eight hundred eighty dollars) through the Term, except as otherwise authorized pursuant to Section 3.2 hereunder. 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 business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights 3of18 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 reasonably 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. Eddie Torres is the Consultant's primary representative for purposes of this Agreement. Eddie Torres 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 7.3. 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: Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949) 855-3685 4 of 18 Attn: Eddie Torres 7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services 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 5of18 retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 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 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, 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 in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 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 provision of this Agreement. 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. The preceding restriction shall 6of18 not apply to information which is in the public domain, was previously known to Consultant, was acquired by Consultant from others who have no confidential relationship to City with respect to same, or which through no fault of Consultant, comes into the public domain. Consultant shall not be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Consultant shall not be required to resist such subpoena, court order, or legal process, but shall promptly notify City in writing of the demand for information before Consultant responds to such demand. 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 13.0 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 7of18 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. 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 (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). 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 provide an extended reporting period of not less than three years. 15.2. 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 canceled except after 30 days prior written notice by mail, has been given to the City; (2) except for professional liability insurance, 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) the commercial general and automobile liability 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. 15.3. 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. 15.4. Any deductibles or self-insured retentions shall be declared to and approved by the City. 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, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in 9of18 connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The parties expressly agree that this indemnity provision under 16.1 does not include, and in no event shall Consultant be required to assume, any obligation or duty to defend any claims, causes of action, demands, or proceedings in connection with or arising out of this Agreement or the services rendered by the Consultant. 16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith, (collectively "Damages"), in law or equity, whether actual, alleged or threatened, to the extent caused by 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, except for Damages arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. With respect to this Section 16.2, Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages, and shall pay all costs and expenses, including all reasonable 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. In no event shall either City or Consultant have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict 10 of 18 liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.. 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. 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. 11 of 18 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 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 12 of 18 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, each party in such litigation shall bear its own attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 13 of 18 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: Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to or By: raig A. Steele, City Attorney CONSULTANT: Michael Baker International, Inc, a Pennsylvania Corporatic By: Name: Richard Beck Its: Vice President By: Name: Steve Huff Its: Assistant Secretary (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.) 14 of 18 EXHIBIT A CONSULTANT'S PROPOSAL DATED DECEMBER 21, 2022 (Attached) 15 of 18 We Make a Difference fierence INTERNATIONAL December 21, 2021 CITY OF SEAL BEACH, COMMUNITY DEVELOPMENT DEPARTMENT Alexa Smittle, Director of Community Development City of Seal Beach 211 8th St, Seal Beach, CA 90740 SUBJECT: Proposal for the City of Seal Beach Safety Element Update and Environmental Justice Element Preparation, for consistency with the recent Housing Element Update Dear Ms. Smittle: Michael Baker International, Inc. (Michael Baker) is pleased to submit our proposal to strategically update the Seal Beach Safety Element for consistency with the recently updated Housing Element and prepare the Seal Beach Environmental Justice Element for incorporation into the City's General Plan. Elements of the City's General Plan have been adopted and updated as needed since 1973, and the latest comprehensive revision to the General Plan took place in 2003. It is our understanding that the latest Housing Element update has triggered the need for consistency revisions in the Safety Element. Because Seal Beach is updating two General Plan Elements concurrently, the City is required by state law to prepare an Environmental Justice Element for adoption. Recognizing achievements the City has made since the last comprehensive General Plan Update in 2003, the Safety Element Update and Environmental Justice Element preparation allows the City to strategically "refresh" goals, policies and objectives while maintaining internal consistency amongst all General Plan Elements. The Safety Element update provides an opportunity to reaffirm existing goals and policies, to revise goals and policies that need updating to reflect changing regulatory requirements, to consider new goals and policies, and to incorporate the 2017 Seal Beach Local Hazard Mitigation Plan creating a cohesive and modernized approach to safety and hazard preparedness. The Environmental Justice Element will codify policies and procedures to ensure the fair treatment and meaningful participation of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Both elements will be prepared in consistency with the recent Housing Element Update. We have identified an efficient, streamlined, and meaningful approach that is informed by the community and key stakeholders. Our approach will provide Seal Beach with an updated Safety Element and new Environmental Justice Element that will serve the community well into the future. Michael Baker's Principal -in -Charge, Eddie Torres, and Project Manager, Noelle Steele, bring to the City many years of experience managing and preparing General Plan Updates, Local Coastal Programs, Hazard Mitigation Plans and community engagement programs within Orange County and throughout southern 5 Hutton Centre Drive I Santa Ana, CA 92707 M B A K E R I N T L.0 O M Office: 949.472.35051 Fax: 949.837.4122 We Make a Difference INTERNATIONAL California. Furthermore, our team has experience working with the City of Seal Beach as we are currently preparing the Local Coastal Program. We are committed to furthering our professional relationship with the City of Seal Beach, City staff, and the stakeholders in developing the partnership base in order to promote a safe, just, and bright future for the City, its residents, and visitors. This proposal shall remain valid for 120 days after submittal. In addition, the Michael Baker Team has no conflicts of interest in providing services for this assignment and there are no commitments which may impact our ability to perform the requested services. Our team looks forward to the opportunity to align our comprehensive set of services with the needs of the City. Respectfully submitted, Noelle Steele Eddie Torres Project Manager Department Manager Planning & Environmental Services Planning & Environmental Services 5 Hutton Centre Drive I Santa Ana, CA 92707 MBAKERINTL.COM Office: 949.472.3505 1 Fax: 949.837.4122 We Make a Difference fierence INTERNATIONAL "Exhibit A" Scope of Services & Schedule The Client and Michael Baker International (Consultant) for mutual consideration hereinafter set forth, and agree as follows: Task 1 PROJECT INITIATION Task 1.1 Kick -Off Meeting Michael Baker will conduct a kick-off meeting/call with the City Project Management Team to review the proposed scope of work, establish an anticipated project schedule, discuss communications protocol and deliverable content. Four staff members from Michael Baker will attend this meeting. This meeting is assumed to occur virtually, through Zoom, Microsoft Teams, or similar platform. Task 1.2 Existing/Background Document Review Michael Baker will review existing and background documents for inclusion in the Environmental Justice Element and Safety Element Update process. Resource documents are anticipated to include: updated Housing Element, existing General Plan Elements, 2017 Local Hazard Mitigation Plan, City Emergency Operations Plan/Emergency Action Plan, and City -specific GIS files related to hazards or environmental justice. Any additional hazard -related documents will be included for review, specifically in the Safety Element update process. Task 2 STREAMLINED COMMUNITY OUTREACH Task 2.1 Web Content and Social Media Graphics Online outreach will be a key strategy in the planning process, providing a cost-effective means for reaching stakeholders and interested members of the public throughout the process. Michael Baker will develop web content that can be used on the City's website and newsletter for distribution regarding the Environmental Justice Element preparation and Safety Element update process. The content will include information about each element, the proposed planning process, access to the survey (Task 2.2) and draft documents when available. Included will be a webpage banner graphic and social media (Instagram/Facebook) square graphic. The City will be responsible for posting and disseminating information and updates on the plan process through the website and social media. Task 2.2 Survey In coordination with the City, Michael Baker will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey, and will include multiple choice questions, ranking/rating scales, and open-ended questions — all specifically designed to inform the Environmental Justice and Safety Element Update process. We will coordinate with the City to make the survey link available on the website (Task 2.1). The City will be responsible for distributing and promoting the survey though the E -newsletter, email listservs and/or social media. Survey summary information will be included in the Community Outreach Summary deliverable (Task 2.4). We Make a Difference fierence INTERNATIONAL Task 2.3 Advisory Committee Michael Baker will work with the City Project Management Team to identify participants for an Advisory Committee, to guide development of the Environmental Justice Element preparation and Safety Element Update process. Suggested participants can include representatives from: • City Departments (City Manager's Office, Public Works, Police/Fire) • Los Alamitos Unified School District, or administrators from local public schools • Utility purveyors, such as SCE • Naval Weapons Station Seal Beach • Leisure World/GRF Board of Directors • Local nonprofits or church organizations, with vested interest in assisting disadvantaged communities • Local neighborhood groups, HOAs, business institutions and community leaders The Advisory Committee will become a major contributor to the planning process and will guide the Environmental Justice and Safety Element Update process. Michael Baker will host and facilitate two Advisory Committee Meetings (either in-person or virtually), to present the project and solicit input. Each meeting would be a maximum of two hours in length. If hosted in-person, it is assumed the City will secure proper meeting space in compliance with current COVID gathering restrictions (if any). If hosted virtually, Michael Baker can provide meeting technology through Microsoft Teams or similar platform. It is assumed the City will be responsible for confirming the Advisory Committee members and distributing invitations to participate. Meeting content is outlined below: Meeting #1: Introduction, roles and responsibilities, discussion of plan goals/objectives, review existing documents, and inventory questions/concerns relating to the General Plan update process. Meeting #2: Present the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element Update Matrix for review and discussion. Michael Baker will prepare agendas, meeting minutes, schedules/milestones and action items as appropriate. Task 2.4 Community Outreach Summary & Documentation Throughout the community outreach process, Michael Baker will document input received for inclusion into a community outreach summary report. Included in this document will include the survey summary, advisory committee meeting notes, and other received input through the City website. Appendix information will include documentation from all outreach mechanisms. Task 3 PLAN DEVELOPMENT Task 3.1 Environmental Justice — Existing Conditions & Baseline Assessment To prepare the Environmental Justice Element, the Michael Baker team will analyze the demographics of Seal Beach and identify any disadvantaged populations following the OPR guidelines. Utilizing the California Communities Environmental Health Screening Tool (CalEnviroScreen), we will be able to identify communities vulnerable to environmental pollution and contaminants. Additional resources to be utilize We Make a Difference fierence N T E R N A T 1 0 N A L will be the Department of Housing and Community Development's state income limits and the statewide median income data to identify any neighborhoods in Seal Beach with additional burdens. The existing conditions and baseline assessment will also report publicly accessible data regarding air quality, public facilities, food access, safe and sanitary homes, physical activity, civic engagement. Michael Baker will make goals, policy and objective recommendations for review and evaluation in this deliverable. A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Environmental Justice — Existing Conditions and Baseline Assessment in Advisory Committee Meeting #2, as discussed in Task 2.3. Task 3.2 Safety Element — Update Matrix To prepare the Safety Element update, the Michael Baker team will prepare a matrix outlining required updated to the Safety Element. This will include consistency updates based on the recent Housing Element Update, incorporation of the 2017 LHMP by reference, and general modernization updates as needed. Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline �+�A. A screencheck draft will be provided to the City for one round of comments and review. Additionally, Michael Baker will present the Safety Element — Update Matrix in Advisory Committee Meeting #2, as discussed in Task 2.3. Task 3.3 Exhibit Preparations and Update In coordination with the Environmental Justice — Existing Conditions & Baseline Assessment and Safety Element — Update Matrix, Michael Baker will also prepare new environmental justice exhibits and update existing safety related exhibits. Location -based hazard data will be captured in a GIS database compatible with Seal Beach systems, where possible. Preparation of graphics will be concurrent with the development of Task 3.1 and 3.2 deliverables. Task 3.4 Administrative Draft Environmental Justice and Safety Element Update Preparation Upon completion of the proceeding tasks, Michael Baker will compile the information into an administrative draft Environmental Justice Element and Safety Element Update. Both deliverables would include all required components and would clearly respond to OPR guidance for General Plan Element Updates. Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions are anticipated to occur in redline/strike-out and track changes. Task 3.5 Public Review Draft Environmental Justice and Safety Element Update Preparation Michael Baker will incorporate one consolidated set of comments/revisions on the screencheck administrative draft Environmental Justice Element and Safety Element Update to prepare public review draft elements. Michael Baker will provide electronic public review drafts in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30 -day period, with the General Plan Elements made available on the City website and up to two hardcopies available at locations with the City. The City will be responsible for collecting public comments/questions and distributing to Michael Baker at the close of the public review period. It is also recommended that the City provide electronic copies to stakeholders who participated in the advisory committee meeting in Task 2.3. We Make a Difference fierence N T E R N A T 1 0 N A L Task 3.6 Final Environmental Justice and Safety Element Update Preparation Michael Baker will compile all comments received on the public review draft Environmental Justice Element and Safety Element Update and will incorporate changes into both documents as necessary. The final Environmental Justice Element and Safety Element Update will be prepared for presentation to Planning Commission and City Council, outlined in Task 4. Task 4 CEQA COMPLIANCE Michael Baker will prepare an Initial Study/Negative Declaration (IS/ND) under the California Environmental Quality Act (CEQA) for the proposed Safety and Environmental Justice Elements. Based on our preliminary review of the project information, our scope of work below includes the following assumptions: 1. No National Environmental Policy Act (NEPA) clearance will be necessary. 2. No mitigation will apply to the proposed project under CEQA, and thus, a Negative Declaration will be prepared (as opposed to a Mitigated Negative Declaration). 3. All analyses related to the project, including Air Quality, Greenhouse Gases, Energy, and Noise, will be qualitative in nature given that the proposed project is an update to existing policy documents and no development is proposed. 4. The City will be responsible for any radius mailing or newspaper noticing required to support the IS/ND. 5. The City will be responsible for any filing fees (e.g., County Clerk or California Department of Fish and Wildlife) required for the project. It is acknowledged that the Housing Element Update has not been finalized at the time of this proposal writing. Some Safety Element/Environmental Justice Element projects may utilize the "common sense" rule exemption (CEQA Guidelines Section 15061(b)(3)) for General Plan Element updates that do not directly result in land use changes. The commonsense exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the Housing Element currently identifies several properties for up -zoning (increasing build out by 1,543 potential units), it is assumed land use changes would affect the Safety Element where the commonsense exemption would no longer apply. This assumption would be confirmed once the Housing Element is finalized. The scope below outlines a conservative approach for CEQA documentation; if it is later determined that the project can be categorized under an exemption, Michael Baker will revise the scope and fee accordingly. Task 4.1 CEQA Kick -Off Meeting The project work program will be initiated with a virtual Kick -Off Meeting with City staff to discuss the project in greater detail. The initial meeting is vital to the project's success and its CEQA compliance, and will be a key milestone to confirm the City's expectations and develop the Project Description based on the work conducted for the Safety Element and Environmental Justice Element update. This meeting will also establish the analysis parameters, scheduling, and overall communications protocol. Priorto the Kick- We Make a Difference fierence N T E R N A T 1 0 N A L Off Meeting, Michael Baker will distribute a Kick -Off Meeting Agenda and detailed memorandum identifying data needs. Task 4.2 Tribal Consultation Assistance Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18. In coordination with the City, Michael Baker will prepare and send initial consultation letters to tribes that have requested AB 52 notification (assuming fewer than five tribes) and complete the consultation log. A sacred lands file search and SB 18 tribal contact list will be requested from the Native American Heritage Commission. Michael Baker will prepare and send initial consultation letters to tribes identified on the NAHC contact list. Pursuant to State law, AB 52 and SB 18 consultation is required to be government -to -government; therefore, we assume the City will complete the tribal consultation(s) and provide documentation (e.g., letters, emails, and phone conversation summaries) for inclusion in the consultation log and environmental document. This scope does not include meetings or additional consultation. Task 4.3 Research and Investigation Michael Baker will initiate the CEQA process by attaining and evaluating necessary information with respect to the proposed project. Project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. Based upon the detailed information obtained during project initiation, Michael Baker will draft a preliminary Project Description for incorporation into the Initial Study. Task 4.4 Preparation of Initial Study/Negative Declaration The Initial Study will be prepared in accordance with the CEQA Guidelines, including detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will be presented as follows: Introduction This section will cite the environmental review requirements of the project pursuant to the CEQA Guidelines. The Introduction will include the project location, environmental setting, Project Description (approved by City staff in Task 9.1), and relevant background/history information. Environmental Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout, identifying: (1) potentially significant impacts, (2) less than significant impacts with mitigation incorporated, (3) less than significant impacts, and (4) issues resulting in no impacts. As stated, it is assumed no mitigation will apply to the proposed project and that all conclusions will either be "Less Than Significant" or "No Impact." Environmental Analysis We Make a Difference fierence INTERNATIONAL The Environmental Analysis sections will provide vital supporting information for the conclusions rendered in the Environmental Checklist. In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues: • Aesthetics/Light and Glare • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use Planning • Mineral Resources • Noise • Population and Housing • Public Service • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service System • Wildfire • Mandatory Findings of Significance Each topical impact area will be analyzed in detail based upon existing information or analyses described above. The existing environmental settling related to each impact topic will be provided, and a summary of the project's potential impacts will be discussed. Where relevant, applicable policies from the Safety Element and Environmental Justice Element will be provided to supplement the analysis. Initial Study Determination The Initial Study Determination section will conclude the appropriate action based upon the analysis provided in the Environmental Analysis section (anticipated to be a Negative Declaration [ND]). Graphic Exhibits The environmental document will include a maximum of five (5) exhibits to enhance the written text clarify the project and potential environmental impacts. Task 4.5 Preparation of Screencheck Draft Initial Study/Negative Declaration Michael Baker will respond to up to two (2) rounds of review of consolidated City comments on the Administrative Draft Initial Study. The Screencheck Draft Initial Study will be provided in track changes to assist with the City's final review of the document. Task 4.6 Preparation of Public Review Draft Initial Study/Negative Declaration Assuming no significant environmental effects will occur and no mitigation measures will be required, Michael Baker will prepare an ND. Following this determination, Michael Baker will also prepare the Notice of Intent (NOI) to Adopt an ND for City review. The NOI and ND will be attached to the Initial Study to fully explain the proposed project and its affects. One (1) electronic copy of the Public Review Draft IS/ND will be provided to the City. Additionally, Michael Baker will submit the IS/ND to the State Clearinghouse electronically; mail the NOI to up to fifteen (15) agencies/interested parties on the City's Distribution List; and file the NOI at the Orange County Clerk. This task assumes that the City will be We Make a Difference fierence INTERNATIONAL responsible for any applicable County Clerk filing fees as well as any radius mailing or newspaper noticing required for public review. The IS/ND will be subject to a mandatory 30 -day public review period. Task 4.7 Preparation of Final Initial Study/Negative Declaration Michael Baker will respond to all written comments received during the 30 -day public review period. Thorough, reasoned, and sensitive responses will be prepared to relevant environmental issues. The Administrative Draft Responses to comments will be prepared for City review. This scope assumes 10 comment letters of normal detail (two to three pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. This scope assumes no new technical analyses or field work are required to respond to comments. Additional effort necessary for this task (due to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed on a time and materials basis. If necessary, Michael Baker will prepare an Errata section as part of the Final IS/ND. The Errata will identify any revised text in strikethrough and double underline, as necessary, to address comments received on the Public Review Draft IS/ND. The Final IS/ND will be comprised of the Responses to Comments and Errata. Two rounds of review of the Final IS/ND (administrative and screencheck versions) will be prepared for City review and approval. Within five days of adoption of the Final IS/ND, a Notice of Determination (NOD) will be prepared and filed at the Orange County Clerk and State Clearinghouse. This scope of work excludes any applicable CEQA filing fees required by the County Clerk or CDFW. Task 5 PLAN ADOPTION Task 5.1 Planning Commission and City Council Study Session Michael Baker will assist the City with one educational study session for the Planning Commission and one educational study session for the City Council. Study sessions will include discussion of the Environmental Justice Element and Safety Element update development process, community outreach, and other key takeaways. Two Michael Baker staff members will attend each study session and will prepare presentation and handout materials as necessary. Task 6.2 Planning Commission and City Council Adoption Michael Baker will present the final Environmental Justice Element and Safety Element update to both the Planning Commission and City Council for adoption. Two Michael Baker staff members will attend each hearing and will prepare presentation and handout materials as necessary. One final hard copy of the adopted Environmental Justice Element and Safety Element Update will be transmitted to the City. Task 6 PROJECT MANAGEMENT Task 6.1 Project Management Throughout the course of the Safety Element, Environmental Justice Element development and CEQA documentation, the Michael Baker team (led by Project Manager Noelle Steele and Principal -in -Charge, Eddie Torres) will proactively work with the City Project Manager to ensure that tasks are completed on- We Make o Difference INTERNATIONAL time and on budget — with maximized use of resources. To ensure the timely completion of the project, the Michael Baker team will participate in meetings with the City during the work program. These meetings will primarily occur via conference call to discuss work program and progress, resolve issues, review administrative documents/products, and/or receive any necessary direction. The project management task includes administrative management of the project from inception to completion. The Michael Baker team will regularly coordinate and communicate with the Project Manager via telephone, memos, and/or email. Management and administration include activities such as project accounting oversight, ongoing coordination and scheduling of meetings, preparation of meeting notes, coordination of the Michael Baker team, and the preparation of written monthly project status reports. We Make a Difference fierence INTERNATIONAL PROJECT SCHEDULE Below is a tentative schedule based on the work program as presented in the scope of work above. A detailed schedule will be provided after the project kick-off meeting is scheduled. TASK PROPOSED SCHEDULE 1.0 PROJECT INITIATION 1.1 KICK-OFF MEETING Week 1 1.2 EXISTING/BACKGROUND DOCUMENT REVIEW Week 2 - 3 2.0 STREAMLINED COMMUNITY OUTREACH 2.1 WEB CONTENT AND SOCIAL MEDIA GRAPHICS Week 4 - 5 2.2 SURVEY Week 4 - 5 2.3 ADVISORY COMMITTEE Week 5 —18 2.3 COMMUNITY OUTREACH SUMMARY & DOCUMENTATION Week 14 —18 3.0 PLAN DEVELOPMENT 3.1 ENVIRONMENTAL JUSTICE - EXISTING CONDITIONS AND BASELINE ASSESSMENT Week 5 —14 3.2 SAFETY ELEMENT - UPDATE MATRIX Week 5 —14 3.3 EXHIBIT PREPARATIONS AND UPDATE Week 5 —14 3.4 ADMINISTRATIVE DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 18-22 UPDATE 3.5 PUBLIC REVIEW DRAFT ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT Week 22 — 25 UPDATE 3.6 FINAL ENVIRONMENTAL JUSTICE AND SAFETY ELEMENT UPDATE Week 25 — 29 4.0 CEQA COMPLIANCE 4.1 KICKOFF MEETING Week 5 4.2 TRIBAL CONSULTATION ASSISTANCE Week 5 -14 4.3 PREPARATION OF ADMIN DRAFT IS/ND Week 18 - 22 4.4 PREPARATION OF PUBLIC REVIEW DRAFT Week 22 - 25 4.5 PREPARATION OF FINAL IS/ND Week 25 — 29 4.0 PLAN ADOPTION 4.1 PLANNING COMMISSION AND CITY COUNCIL STUDY SESSION Week 30 — 34 4.2 PLANNING COMMISSION AND CITY COUNCIL ADOPTION Week 34 — end We Make o Difference N T E R N A T 1 0 N A L EXCLUSIONS & ASSUMPTIONS: Michael Baker has the experience and expertise to provide consulting services related to any of the following items, and can do so if negotiated under a separate contract for an additional fee, but are specifically exclude from this agreement: Additional Community Outreach, Meetings or Meeting Support: It is assumed Michael Baker will only attend community outreach and/or meetings as scoped in this agreement. Additional stakeholder meetings or meeting support are excluded from this scope of work. Other: civil engineering services, survey services, additional consulting services related to any of the following tasks that were not included in the preparation of the budget amounts shown on this agreement. INTERNATIONAL Exhibit "6" Cost Proposal We Make a Difference fierence Task Cost Task 1.0: Project Initiation $2,460 Task 2.0: Streamlined Community Outreach $8,270 Task 3.0: Plan Development $19,140 Task 4.0: CEQA Compliance $30,190 Task 5.0: Plan Adoption $7,120 Task 6.0: Project Management $5,700 ODC $2,000 TOTAL COST $74,880 2021 Hourly Rate Schedule: Principal in Charge $200 Project Manager $130 Senior Planner $135 Planner 1 $100 Senior Environmental Planner $150 Environmental Planner $110 Cultural Resource Specialist $150 GIS Specialist $130 Graphic Designer $110 The above hourly rates are subject to an annual rate change on January 1 of each calendar year beginning in 2023; however, hourly rates will not be increased more than 5% in any one year without the approval of the Client. We Make a Difference INTERNATIONAL Progress billing will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs. Reimbursable expenses will be invoiced at their cost plus 5%. The Client shall make every reasonable effort to review invoices within thirty (30) working days from the date of receipt of the invoices and notify Baker in writing of any item that is alleged to be incorrect. EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in 16 of 18 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." 17 of 18 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. 18 of 18 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Authorizing an Application for the Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project SUMMARY OF REQUEST: That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project. BACKGROUND AND ANALYSIS: Seal Way is subject to reoccurring flooding during rain events. The City has historically deployed portable pumps to reduce the level of stormwater flooding and mitigate the risk to life and property; however, these are temporary measures and are not intended for extended rainstorms. The City's Master Plan of Drainage identifies Seal Way as an area of reoccurring flooding; therefore, feasibility studies were conducted and presented to the City Council on March 25, 2019. The Seal Way Storm Drain Infrastructure Project, as a result, has been forecasted into the five-year capital improvement program; however, construction funding has not been identified. On September 27, 2021, the Department of Water Resources (DWR) released the Floodplain Management, Protection, and Risk Awareness Grant Program guidelines. The program's intent is to reduce flood risks associated with stormwater flooding, mudslides and flash flooding. Accordingly, the City submitted a concept proposal for the Seal Way Storm Drain Infrastructure Project to DWR for feedback. On December 14, 2021, DWR found the project to be consistent with their guidelines and requested the City to submit a full proposal by the February 9, 2022 deadline. Agenda Item F Pursuant to the grant guidelines, a City Council adopted resolution will need to be submitted with the full application. ENVIRONMENTAL IMPACT: Approval of a resolution authorizing submittal of a grant application is not a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) and 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that approval of a grant application submittal will not have a significant effect on the environment. Environmental impacts related to the project construction will be assessed under a separate effort. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: A match of 25 percent of local cost -share is required. The following table presents the estimated grant request and matching fund commitment, if successful. 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 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project. SUBMITTED BY: Page 2 NOTED AND APPROVED: Approximate Approximate Grant Request Matching Fund Seal Way Storm Drain $750,000 $250,000 Infrastructure Project STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project. SUBMITTED BY: Page 2 NOTED AND APPROVED: Steve Myrter Steve Myrter, P.E., Director of Public Works Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7244 Page 3 RESOLUTION 7244 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING A PROPOSAL FOR FUNDING FROM THE DEPARTMENT OF WATER RESOURCES AND DESIGNATING A REPRESENTATIVE TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS THERETO, FOR THE SEAL WAY STORM DRAIN INFRASTRUCTURE PROJECT WHEREAS, the City of Seal Beach ("City") is a California charter city with responsibility for and authority over flood management and water quality management in the area proposed for the project and is willing to participate in, coordinate, and collaborate with other interested parties that are participating in the development of the City of Seal Beach project; and, WHEREAS, the City is authorized to enter into an agreement with the Department of Water Resources and the State of California. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That pursuant and subject to all of the terms and conditions of the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund Act of 2018 (Proposition 68; Pub. Resources Code, Section 80000 et seq.), the City of Seal Beach is authorized to submit a proposal to obtain funding for the Seal Way Storm Drain Infrastructure Project from the Department of Water Resources. Section 2. The City of Seal Beach City Manager, or designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments hereto. Section 3. The City of Seal Beach City Manager, or designee, shall prepare the necessary data, make investigations, and take other such actions as necessary and appropriate to execute the Seal Way Storm Drain Infrastructure Project. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 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 7244 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 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 Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 SUMMARY OF REQUEST: That the City Council adopt Resolution 7245: 1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and, 2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $250,646, including the Total Base Bid of $212,296 and the Additive Bid Items No. Al and A2, and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not -to -exceed amount of $35,000. BACKGROUND AND ANALYSIS: The Orange County Transportation Authority's (OCTA's) Regional Traffic Signal Synchronization Program (RTSSP) provides grant funds to local agencies for traffic signal coordination efforts. Projects eligible for RTSSP must be identified on the priority corridor network, signal synchronization network, or Master Plan of Arterial Highway (MPAH). Seal Beach Boulevard has been identified as a MPAH- classified "Major" corridor that would benefit from signal synchronization. The last OCTA grant funding for the Seal Beach Boulevard corridor was in 2013, where new upgrades are necessary. As such, a grant application was submitted Agenda Item G in response to OCTA's 2019 Call for Projects. On May 11, 2020, the OCTA Board approved $546,750 of Measure M2 Regional Traffic Synchronization Program (Project P) funds to the City for the Project. The Seal Beach Boulevard Traffic Signal Synchronization (Project) will upgrade the signals along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road. The general scope of work will include signal re -timing, new video detection cameras, communication and equipment upgrades, and traffic management center (TMC) upgrades to optimally utilize roadway capacity without roadway widening improvements. Traffic signal synchronization will provide the ability to reduce vehicle stops, delay time and emissions while improving vehicle fuel consumption and overall vehicular flow along the corridor. On November 30, 2021, construction bids were solicited. On January 6, 2022, the City Clerk's office received ten (10) bids with the following results: Rank Contractor Total Base Bid Total Bid Low Crosstown Electrical & Data $ 212,296 $250,646 2 Elecnor Belco Electric $ 233,323 $280,323 3 Comet Electric $ 249,624 $303,964 4 Ferreira Construction Co. $ 253,939 $299,159 5 Alfaro Communication Construction $ 259,458 $310,258 6 CA Professional Engineering $ 261,696 $313,121 7 Dynaelectric $ 270,658 $316,058* 8 Asplundh Construction $ 293,974** $347,674*** 9 Yunex $ 303,690 $366,690 10 DBX $ 319,800 $379,000 * Corrected bid amount is $316,058. Bid proposal stated amount: $45,400 ** Corrected bid amount is $293,974. Bid proposal stated amount: $294,714 *** Corrected bid amount is $347,574. Bid proposal stated amount: $348,474 The project requested pricing for additive (optional) bid items for additional work the City may elect after the bid opening. These additive items plus the "Total Base Bid" amount would equal to the "Total Bid" amount. It should be noted that the basis of award is the "Total Base Bid". Staff has evaluated the lowest Total Base Bid and the lowest Total Bid, and deemed the costs in line with the engineer's estimate and competitive with industry standards. Based upon the references, qualifications, work experience, and cost, staff recommends deeming Crosstown Electrical and Data, Inc. as the lowest responsible bidder at $212,296 Total Base Bid ($250,646 Total Bid), and awarding the Seal Beach Boulevard Traffic Signal Synchronization contract to Crosstown Electrical and Data, Inc. The project plans are available in the City Engineer's office. Staff recommends authorizing the City Manager to approve additional work Page 2 requests up to $25,000 and inspection services up to $10,000, in the cumulative not -to -exceed amount of $35,000. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: The Capital Improvement Program budget allocated $800,000 for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109. This amount includes the $546,750 of Project funding. The table below presents the estimated breakdown of the Project's construction cost: Description Amount Construction $ 250,646 Contingency $ 25,000 Inspection/Testing $ 10,000 Total $ 285,646 Upon completion of the public works agreement, any unspent funds remaining from this project will be returned to the original funding source STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7245: Page 3 1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and, 2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $250,646, including the Total Base Bid of $212,296 and the Additive Bid Items No. Al and A2; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not -to -exceed amount of $35,000. 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 7245 B. Agreement with Crosstown Electrical and Data, Inc. Page 4 RESOLUTION 7245 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH CROSSTOWN ELECTRICAL AND DATA, INC. FOR THE SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, CIP ST2109 WHEREAS, the City desires to upgrade and synchronize the traffic signals along Seal Beach Boulevard; and, WHEREAS, on December 9, 2019, the City Council authorized the submittal of a grant application to the Orange County Transportation Authority (OCTA) for the Seal Beach Boulevard Traffic Signal Synchronization (Project); and, WHEREAS, on May 11, 2020 the OCTA Board approved $546,750 of Measure M2 Regional Traffic Signal Synchronization Program (Project P) funds to the City for the Project; and, WHEREAS, on November 30, 2021, the City issued a solicitation for bids for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 ("Project"); and, WHEREAS, the Notice Inviting Bids requested pricing for the "Total Base Bid" and pricing for additive (optional) bid items for additional work the City may request after bid opening, provided that the additive items plus the "Total Base Bid" amount would equal to the "Total Bid" amount, and provided that the bid will be awarded based on the lowest responsible Total Base Bid; and, WHEREAS, on January 6, 2022, the City Clerk's office received ten (10) bids in response to the solicitation for bids. Crosstown Electrical and Data, Inc. (Crosstown) submitted the lowest responsible Total Base Bid in the amount of $212,296, and also the lowest responsible Total Bid of $250,646; and, WHEREAS, Crosstown is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project. SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Crosstown Electrical and Data, Inc. for the Project in the not -to -exceed amount of $250,646.00, including the Total Base Bid of $212,296 and the Additive Bid Items No. Al and A2, and rejecting all other bids. SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City. SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not -to -exceed amount of $25,000.00. SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not -to -exceed amount of $10,000.00. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 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 7245 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT CIP NO. ST2109 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Crosstown Electrical & Data, Inc. 5454 Diaz Street Irwindale, CA 91706 (626) 813-6693 (626) 869-0192 - FAX THIS CONTRACT ("Contract") is made as of January 24, 2022, by and between the City of Seal Beach, a California charter city ("City"), and Crosstown Electrical & Data, Inc., a California corporation ("Contractor") (collectively, "the parties" and individually, a "party„). RFC'ITAI A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the plans and specifications for the Seal Beach Boulevard Traffic Signal Synchronization, Project CIP ST 2109 ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated November 30, 2021; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated January 6, 2022 in the amount of $250,646.00 ("Bid" hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed A and C-10 Contractor (State Contractor's license number (License #756309), DIR #1000000155; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1 (Contractor's Services). NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: C'ONTRAC'T 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as Seal Beach Boulevard Traffic Signal Synchronization, Project No. ST2109 ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, Project Plans, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of January 24, 2022 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $250,646.00 (Two Hundred Fifty Thousand Six Hundred Forty Six dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not -to -exceed amount set forth in Subsection 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the fullest extent permitted by law, and except as otherwise provided in Subsection 5.2, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including, without limitation, claims for bodily injury, death or damage to property and/or breach of this Agreement, fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Claims"), in law or in 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, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Indemnity for Design Professional Services. To the extent that Contractor's Work hereunder include the performance of professional services by a "design professional" (as the term is defined below), and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless City and the other Indemnitees, and each of them (as defined in Subsection 5.1, above), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including, without limitation, claims for bodily injury, death or damage to property and/or breach of this Agreement, fees of accountants, attorneys or other professionals and all costs associated therewith (collectively "Liabilities"), 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 Contractor, its officers, directors, agents, servants, employees, Subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor 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), as may be amended from time to time. 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 Contractor exceed Contractor's proportionate percentage of fault. 5.3 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.3. 5.4 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.5 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.6 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.7 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 the Contract. The indemnities and obligations in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims, Liabilities, tax, assessment, penalty or interest asserted against City. 5.8 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.9 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities at law or in 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 for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Claims and/or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.10 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1 Commercial General Liability. 6.1.2 Exhibit D-2 Automobile Liability. 6.1.3 Exhibit D-3 Professional Liability. Additional Insured Endorsement - Additional Insured Endorsement - Additional Insured Endorsement – 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability (or Errors and Omissions) Insurance appropriate to its profession, in a form and with insurance companies acceptable to the City. This insurance shall be endorsed to include contractual liability applicable to this Contract and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor. "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. Subject to the City's prior written approval, if the Contractor provides design professional services by use of a Subcontractor, the Contractor may satisfy this professional liability insurance requirement by requiring its Subcontractor to provide professional liability insurance that complies with all requirements of this Section 6 and Contract. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.3.4. Professional Liability (or Errors and Omissions Liability Insurance: $1,000,000 per claim/aggregate. 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. 6.4 Additional Insureds. 6.4.1 For general liability insurance, City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.4.2 For automobile liability insurance, City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired, or borrowed by Contractor for which Contractor is responsible. 6.4.3 The provisions set forth in this Subsection 6.4 shall also apply to any excess/umbrella policies. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies shall contain, or shall be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, 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. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: Crosstown Electrical & Data, Inc. 5454 Diaz Street Irwindale, CA 91706 Telephone: (626) 813-6693 Fax: (626) 869-0192 Attn: David Heermance, President 10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: Crosstown Eleq.rical & Data, Inc., a-C—a ifoTnia corporatio M Jill R. Ingram, City Manager Attest: By: Gloria D. Harper, City Clerk Approved to By- raig Steele, City Attorney M Name: David Heermance Title: President By: A Name: Benjamin Heermance Title: C.F.O. (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, PROJECT CIP NO. ST2109 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the 16 provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 17 EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) 18 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, PROJECT CIP NO. ST 2109 (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to 19 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 20 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE 21 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 81" Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: M Policy Number Effective Date Expiration Date Its Authorized Representative 22 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 23 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 24 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8t" Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability 8 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Telephone No.: (_) 20 25 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 26 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 27 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8t" Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on Policy Number at 12:01 a.m. and forms a part of 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 _ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: (_) or initialed signature accepted) 28 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] 29 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 30 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES ❑ Following Form ❑ Umbrella Liability 1-1 11. Applicable underlying coverages: INSURANCE COMPANY POLICY PERIOD LIMITS OF FR(lKA/T(l I IARII ITV POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). Number 14. This is an ❑ occurrence or ❑ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy 31 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed 120 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: (_) or initialed signature accepted) 32 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS 33 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three 34 business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 756309 Class: A; C10 Expiration Date: 11/30/2022 Date: 1/13/2022 35 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS 36 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a(I applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with suc ovist ns before commenc he performance of the Work of this Contract." /7 Date 1/13/2022 Signature 37 EXHIBIT G BID PROPOSAL (INCLUDING BID SHEETS) 38 BID PROPOSAL Seal Beach Boulevard Traffic Si nal Synchronization PROJECT CIP ST2109 Bidder's Name Crosstown Electrical and Data Inc. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as Bidder, declares that: (1) -this Bid is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Declaration; (2) -Bidder has carefully examined the Project Plans, Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Sealed Bids and all other Contract Documents and information furnished therefore and the site of the proposed Work; and (3) - Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, Bidder agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into a Contract with the City, to perform said proposed Work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The Bidder shall submit as part of this Bid a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the Bidder and any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of Bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder may attach any additional information or explanation of data which the Bidder would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this Bid is (Circle one "a Cashier's Check", "a certified check", or "a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of $ 10% , an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within fifteen (15) calendar days after written notice of the award, the check or bond shall be forfeited to the City in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a Contract to furnish all labor, materials and supplies for this Project in accordance with the Specifications, Plans and other Contract Documents which are on file in the office of the Engineer, to the satisfaction and under the direction of the Engineer, at the following prices: completed by the undersigned is fixed at 60 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. 69 BID PROPOSAL FOR Seal Beach Boulevard Traffic Signal Synchronization PROJECT CIP ST2109 BID SHEET Base Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) 1 Mobilization/Demobilization, Traffic Control, and Public Notifictation LS 1 $ 10,000.00 2 Remove and Salvage Existing VDS System EA 2 $ 1,200.00 $ 2,400.00 3 Furnish and install GRIDSMART Video Detection System (1 camera) EA 1 $ 27,760.00 $ 27,760.00 4 Furnish and install GRIDSMART Video Detection System (2 cameras) EA 4 $ 30,994.00 $ 123,976.00 Furnish and install BBS/UPS 5 Side/External Cabinet & Relocate existing UPS and Batteries EA 3 $ 3,550.00 $ 10,650.00 6 Furnish and Install Detector Lead -In- Cable LF 4,000 $ 2.00 $ 8,000.00 7 Furnish and Install Type E Detector Loops EA 21 $ 500.00 $10,500.00 8 Furnish and Install new 222 Loop Detector Card EA 6 $ 410.00 2,460.00 9 Remove and Salvage Existing SMFO and Furnish and Install Cat6 Cable LS 1 $ 2,100.00 Furnish and Install new FDU Assembly 10 Items with New Fiber Optic Splicing/Terminations - Seal Beach LS 1 $ 2,450.00 Boulevard & Westminster Ave Furnish and Install new FDU Assembly 11 Items with New Fiber Optic Splicing/Terminations - Seal Beach LS 1 $ 3,850.00 Boulevard & Lam son Ave Furnish and Install new FDU Assembly Items with New Fiber Optic Splicing/Terminations - Police Department Server Room 12 LS 1 $ 2,950.00 70 *The lowest bid shall be the lowest bid price on the base bid without consideration of the additive and/or deductive items. Additive/Alternate/Deductive Item Item Description Unit Furnish and Install new FDU Assembly Extended Price No. (in Figures) (in Figures) Al Items with New Fiber Optic EA 12 $ 2,950.00 $ 35,400.00 13 Splicing/Terminations - City Hall Server LS 1 $ 1,700.00 Pull Existing 36 SMFO Cable from pull Room Remove and Salvage existing #5 Pull 14 Box. Furnish and Install new #6 Pull Box LS 1 $ 3,500.00 in existing conduit run and loop stub -out. TOTAL BASE BID PRICE - BASIS OF AWARD (ITEMS NO. 1 THROUGH 14) TWO HUNDRED TWELVE THOUSAND, TWO HUNDRED NINETY SIX AND NO CENTS. $ 212,296.00 WORDS FIGURES *The lowest bid shall be the lowest bid price on the base bid without consideration of the additive and/or deductive items. Additive/Alternate/Deductive Item Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) Al Furnish and Install GPS Time Clock EA 12 $ 2,950.00 $ 35,400.00 2070-7G Pull Existing 36 SMFO Cable from pull box into existing Traffic Signal Cabinet A2 (15 Feet). Furnish & Install New 12 Port LS 1 $ 2,950.00 FPP, Complete, for intended use with connections to existing 36 SMFO cable. TOTAL ADDITIVE/ALTERNATIVE BID PRICE (ITEM A1) THIRTY EIGHT THOUSAND, THREE WORDS HUNDRED FIFTY DOLLARS AND NO CENTS. FIGURES $38,350.00 TOTAL BID PRICE = BASE AMOUNT PLUS (+) ALL ADDITIVE ITEMS, MINUS (—) ALL DEDUCTIVE ITEMS TOTAL BASE BID PRICE IN DIGITS: $ 212,296.00 TOTAL BASE BID PRICE IN WORDS: TWO HUNDRED TWELVE THOUSAND. TWO HUNDRED NINETY-SIX DOLLARS AND NO CENTS TOTAL BID PRICE IN DIGITS: $ 250,646.00 TOTAL BID PRICE IN WORDS: TWO HUNDRED FIFTY THOUSAND, SIX HUNDRED FORTY-SIX AND NO CENTS IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. 71 NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re -advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code. California Contractor's License No.- 756309 Class A & C-10 (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Crosstown Electrical and Data, Inc. Business Address 5454 Diaz Street, Irwindale, CA 91706 Business Tel. No. (626) 813-6693 Si 01/05/2022 Date 01/05/2022 re 'r ' Date Signature Date President Title Secretary Title Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 72 ............ — . - — l CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of (Q l fni 6 County of ales Arl�,eki On .74r Wom S . 24'z a `)efore me, ;'k-f�� v ,+t rel% ,yl � '�- y 1 cc s . P era Anse name 5ri0 ht B ❑ uie ❑ CPr] personally appeared _ 'avid r mak/ �'/�'e�' mtl�,,[v 0Y1d Ly>7 t�''�11' cP who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NEETAAGRAWAL WITNESS my hand and official seal. _ Notary public - Califomia Los Angeles County Commission # 2226646 My Comm. Expires Feb 9, 2022 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM !'hiv 16+,1+1 scalp" tsifh carreir+ Cali�urniusrar►s+►c.t +r,�rrr'rfir+k nvf+rr.t tru+dl++-j rout, ejncrdnd, should be rwnitleted arrrl allached to rhe+lurua+cu►. �frk+rnulrrl++nt+rn lion+ urhr+ settler nrnl, hr romploell far dex•+mrrnls !wing x•rr+ to fl+r+t sru►r wo knar err the tr'a+sling demi nor require; rhe Ceslifurnin tomo• ru 0010rc C'rrliJis++ur note,+ t /a te- • Slaw and Coumy information must be the State and County where the docunhzut sikncr(s) rn mnally appeared before the notary public i'or acknm0edltnttrtl • nate of nown2ation must be the date that the siguer(x) pchnnali► appeared %shish must also be the same date the acknowledgment is completed. • The notary public must print his or her Laine as it appca rs within his of her cummimiun rollowed by a comma and then your title (notal y public). • Print the names) of document signer(N) who personally appeal at the tints or notarization. ■ Indicate the comet singular or plural turns by crossing off incorioct rimes (r e. helshc�lhey is lwse ) or circling the sunset Binns. Failure to correctly insticate Ihi" in tomratints may least to rejechort ordocumenI mce.rdinp,. • the notary cal impression must be clear and lrhrnokr;grltically teriTriduciNe. hnpressiuu must not covet text or lines. If seal impression smudges, tc-seal if;l sufficient at ea permits. otherwise cotnpiele a different acknuulcdgrt1Cnl loan • Signature of the notary public must match tile signature uu file wide the 0t1lee ul the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misusc(l nr attached to a different document Indicate tit ie or type oIFattached rloc11nsrrl. outnher of pages and shale. Indicate the capacity claimed by the signer If the Claimed capacity is a corpnrate officer, indicate the title (r.C. CE0, CF -0. SecretMY), • Securely attach this document to the signed document will+ it stnjfle ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer it e ❑ Partner(s) ❑ Attorney -in -Fact I] Trustee(s) ❑ Other U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Authorizing the 2021 Pavement Management Relief Funding Program Project List SUMMARY OF REQUEST: That the City Council adopt Resolution 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program. BACKGROUND AND ANALYSIS: The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), which was signed into law on December 27, 2020 appropriated $10 billion for Highway Infrastructure Programs through the Federal Highway Administration (FHWA). Orange County Transportation Authority (OCTA), through Caltrans, was provided with approximately $14.6 million in CRRSAA regional funds of which $3.66 million was programmed by OCTA for priority regional projects leaving approximately $11 million remaining available for programming in OCTA's newly created, one-time 2021 Pavement Management Relief Funding (PMRF) Program. PMRF provides funds for pavement preservation, preventive maintenance, rehabilitation and reconstruction on streets classified as "minor collector" or above. Based on a population -based formula, Seal Beach will be allocated $200,000. In order to receive these funds, the City will need to adopt a resolution approving the project using PMRF funds. As PMRF is federal funding and will require California Transportation Commission (CTC) allocation approvals, the Seal Beach Boulevard at North Gate Road Improvement Project is recommended. This project would rehabilitate the distressed pavement within the intersection's vicinity, but it will also satisfy the City's commitment to OCTA and Caltrans pursuant to the 2018 Settlement Agreement. Agenda Item H ENVIRONMENTAL IMPACT: Approval of a resolution authorizing a project list for funding is not a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to Section 1 5378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that approval of project list will not have a significant effect on the environment. Environmental impacts related to the project construction will be assessed under a separate effort. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The $200,000 PMRF funding will be recognized in the FY 2022-23 budget. As the Project cost is expected to exceed the PMRF allocation, it is estimated that an additional $75,000 in City funds would need to be programmed into the proposed FY 2022-23 budget. There are no appropriations requested at this time. Description Amount PMRF Funds $ 200,000.00 Estimated City Funds $ 75,000.00 Project Budget $ 275,000.00 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 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program. 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 Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7246 Page 3 RESOLUTION 7246 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM WHEREAS, the City of Seal Beach ("City") is being provided $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program; and, WHEREAS, the City is eligible to receive federal funding through the California Department of Transportation; and, WHEREAS, the Orange County Transportation Authority (OCTA) is responsible for distribution of the CRRSAA funding; and, WHEREAS, OCTA has developed guidelines for administering and distributing CRRSAA funds to eligible local agencies through the 2021 PMRF Program; and, WHEREAS, the City is the lead agency for project(s) and will comply with all 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. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby authorizes the submittal by the City Manager or designee of the following project nomination to OCTA for CRRSAA funding: • Seal Beach Boulevard at North Gate Road Improvement Project for $200,000 in CRRSAA funding. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 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 7246 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: January 24, 2022 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 Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105 SUMMARY OF REQUEST: That the City Council adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not -to -exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project. BACKGROUND AND ANALYSIS: 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 extensive locker room repairs required. The Tennis Center Improvement Project was budgeted in the FY 2021-2022 Capital Improvement Program to evaluate the design options to renovate the Tennis and Pickleball Center. As a result, staff retained Gillis + Panichapan Architects, Inc. (GPa), to develop conceptual design plans. The design 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. Features will include: Agenda Item I • 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 concept design also includes the following site upgrades: • New LED court lighting to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs. • Renovated multi-purpose building to allow for a more versatile space for community programming or recreation purposes. • Demolition of the existing locker room that would create additional open space for the Tennis and Pickleball Center. On December 13, 2021, the City Council reviewed the Tennis Center Improvement Project conceptual design plans and approved Budget Amendment BA 22-06-03 in the net amount of $2,570,000 to proceed with Project design, and ultimately construction. On December 22, 2021, staff received a proposal from GPa in a not -to -exceed amount of $234,900 for the Tennis Center Improvement Project. Staff recommends retaining GPa to continue providing professional design services given its knowledge from developing the approved concept design plans. GPa has also satisfactorily prepared construction documents for similar community facilities for agencies such as City of Fullerton, City of Westminster, and City of Stanton. GPa's scope of work will generally include the following components: • Information gathering and design development • Construction documents preparation • Bidding Assistance • Construction Administration The project design phase is estimated to take one year. Construction mobilization is estimated to begin a year after the design phase has begun. Due the Project's complexity, staff recommends authorizing the City Manager to approve additional work requests up to $20,000. Page 2 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 a professional services agreement with Gillis + Panichapan Architects, Inc.. will not have a significant effect on the environment. Environmental impacts related to the project construction will be assessed under a separate effort. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: On December 13, 2021, City Council adopted Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000. BA 22-06-03 appropriated $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 the estimated breakdown of the design costs: Description Amount Design $ 234,900 Contingency 20,000 Total $ 254,900 STRATEGIC PLAN: On March 31, 2021, this item was identified as a Council Strategic Objective for the coming year. 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 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not -to -exceed amount of $234,900 to Page 3 provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works Prepared by: Denice Bailey, Assistant Engineer ATTACHMENTS: NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager A. Resolution 7247 B. Agreement with Gillis + Panichapan Architects, Inc. Page 4 RESOLUTION 7247 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GILLIS + PANICHAPAN ARCHITECTS, INC. FOR 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, the City desires to effectively use the Tennis 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 Center Improvement Project (Project) Conceptual Design Plans were presented to City Council for feedback and the City Council provided feedback with respect to the Conceptual Design Plans; and, WHEREAS, on December 13, 2021, Budget Amendment 22-06-03 was approved allocating $2,570,000 for the Project; and, WHEREAS, the City desires to retain a professional architect to provide professional design services for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby awards a Professional Services Agreement (Agreement) to Gillis + Panichapan Architects, Inc., in a not -to - exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the Gillis + Panichapan Architects, Inc. proposal dated December 22, 2021. SECTION 3. The City Council hereby authorizes the City Manager to approve Agreement amendments for additional work payment requests in connection with the Project in the cumulative not -to -exceed amount of $20,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote- F-11 ote: F-11W:111111111111110i61.Pi ILTA[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 7247 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January 2022. Gloria D. Harper, City Clerk DESIGN PROFESSIONAL SERVICES AGREEMENT for Tennis Center Improvement Project, CIP BG2105 Professional Architectural Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Gillis + Panichapan Architects, Inc. 2900 Bristol Street, Suite G-205 Costa Mesa, CA 92626 714-668-4260 This Professional Service Agreement ("the Agreement") is made as of January 24, 2022 (the "Effective Date"), by and between Gillis + Panichapan Architects, Inc. ("Consultant"), a California corporation and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain design professional services for BG2105 Tennis Center Improvement Project. 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 architectural design services. C. Consultant represents that the principal members of its firm are qualified professional architects and are fully qualified to perform the design 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 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 2of19 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 on January 24, 2022, and shall remain in full force and effect until January 23, 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 $234,900 (Two Hundred Thirty -Four Thousand Nine Hundred dollars) for the Original Term, except as otherwise authorized pursuant to Section 3.2 hereunder. 3.2. Any additional work authorized by the City Council at time of award pursuant to this Section will be compensated in accordance with the hourly rates set forth in the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other 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. 3of19 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. Jack Panichapan is the Consultant's primary representative for purposes of this Agreement. Jack Panichapan 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: Gillis + Panichapan Architects, Inc. 2900 Bristol St., Suite G-205, Costa Mesa, CA 92626 Attn: Jack Panichapan 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of19 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 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. 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 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 (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 5of19 retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 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 ("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, 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 6of19 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 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. 7of19 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. 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 8of19 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. 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 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 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. 9of19 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" 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 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. 10 of 19 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 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 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 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. 11 of 19 17.8. Deductibles and Self -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. City 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 duty to, take 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 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. 12 of 19 17.13. Broader Coverage/Higher 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. 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, 13 of 19 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 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 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 I ndemnitees, 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 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 14 of 19 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 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 15 of 19 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. 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 16 of 19 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 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 17 of 19 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 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. 18 of 19 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 M Attest: Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to For By: raig A. Steele, City Attorney CONSULTANT: Gillis + Panichapan Architects, Inc., a California corporation By: Name: Jac anic apan Its: President By: A Name: WUn Panichapan Its: Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 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 19 EXHIBIT Consultant's Proposal G1 e G-205 Costa Mesa, CA 92626 Tel 714 .668.4260 Fax 714.668.4265 www.gparchitecfs.org January 11, 2022 Denice Bailey, MPA Project Engineer Public Works Department Public Works Department City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 Re: Citv of Seal Beach: Tennis Center Conceptual Plannina R1 Dear Denice, GPa is pleased for the opportunity to provide architectural and engineering services associated with the retrofit and improvements of the City of Seal Beach Tennis Center, Services include all stages from design development through construction support. The following pages outline an understanding of our scope and approach to the project. We plan to utilize the following sub -consultants to provide services on this project (Please refer to attached consultant scope in the appendix information on their services and scope); Mechanical Electrical and Plumbing_ Engineer Hiten Sheth, P.E. Mechanical Engineer 1-12S Engineers hshethCcDh2sengineers,com Structural Engineer Richard Suzuki, P.E. Sr. Vice President Director of Engineering Dale Christian Structural Engineers, Inc rsuzukiCcDdalechristian.com Landscape Architect Arthur Guy President, BGB Design Group art(o)bgb-inc,com Please see our attached project approach, and the Fee Exhibit for our proposed work plan and fee breakdown. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation. We look forward to working with you on this project. Jack Panichapan, AIA, LEED AP Principal, CEO Gillis + Panichapan Architects, Inc. 2900 bristol street G-2051 costa mesa, california 92626 1 P. 714.668.4260 F. 714.668.4265 I www.gparchitects.org PROJECT APPROACH City of Seal Beach- Tennis Center Improvements Project Understanding: The primary scope of this work for A&E design development through construction support based on our approved conceptual design developed with the City for improvements to the Seal Beach Tennis Center (See attached conceptual plan exhibit). This includes the remodel of two buildings: the main clubhouse and the multipurpose building, Sitework would include the demolition of the locker building with landscaping improvements its place, In addition, we would provide improvements on site lighting design for courts including providing lighting for the existing unlit courts. GPa would perform the following A&E scope of work listed below for the proposed Renovation: We have included the following multi -disciplinary services this project: • Architecture • MEP Engineering • Structural Engineering • Landscape Architecture (Refer to attached respective consultants' proposal). Scope of Work Understanding: • Renovation of Clubhouse: This will include major renovation of the existing club house including new HVAC, new plumbing, new lighting, and new power distribution, The renovated building will be expanded to 3,200 SF from existing 2,700 SF building. • Renovation of Multipurpose Building: This will include renovation of an existing 900sf multipurpose building. Project will include new architectural reconfiguration and repair along of facility with HVAC and new lighting with minor power distribution inside of the space. • Landscape Area and Outdoor lighting: A proposed landscape area created with the removal of the existing locker room building. Provide upgrade of all existing lighting, addition of new lighting for existing courts as required for the proper lighting level. The electrical scope will require some power redistribution as well as new power distribution for new lights. Refer to attached site plan exhibit depicting areas of demo and improvements (Exhibit A). We propose the following Milestone Stages of Work: 1. Information Gathering and Design Development (30% CDs) 2, Construction Documentation (And Plan Check with City) a. 60% CDs b. 90% CDs (plan check and Page turn) c. 100% Final Permit and CDs 3, Bidding Assistance 4. Construction Administration 5, Record Drawings & Documentation PROJECT APPROACH City of Seal Beach- Tennis Center Improvements 1. Information Gatherina and Desian Development The beginning of the Design Development stage would be a kick off with refining and detailing the design based on the approved conceptual design. Interior and Exterior Elevations to be provided. Needed Structural retrofits and MEP improvements to be assessed and developed. We would establish outline specs and provide a draft drawing set. We would coordinate with the City approved standards to determine fixtures, color, material, and finishes of the proposed alterations and improvements. Develop materials and finishes to review with the City. Structural analysis would be coordinated with City provided Geotechnical Information on soil and seismic data for the site as required. GPa would fully coordinate with City s Geotechnical Engineer to obtain the needed information for the project. Along with the structural analysis, we would assess existing building conditions in greater detail to refine drawings, and develop design solutions to review with the City.. This includes development and preparation of architectural drawings, and outline specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the project. GPa shall prepare outline specifications, including an index and technical sections. Architecture o Develop plans including dimensions, finishes, materials, details, and specifications, In addition, select schedules including hardware, materials, and finishes. Structure Provide structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story Clubhouse and Multipurpose Building based on approved conceptual architectural drawings, Includes (1) pre -design site survey and (1) design for light standard footing. MEP coordination o Design drawing to include new/existing equipment schedule, sizing and location, new duct layout, new diffuser/register. Verify heating & cooling Load calculations. o Develop electrical power and data plan; lighting and fixtures plan; and develop low voltage plans. o Select plumbing fixtures sizes, pipe sizes, and coordinate points of connections. Landscape Architecture Landscape design would include creating a predominately turf area with non-specific use, Project Management and Coordination o Coordinate input from all sub -consultants and City for quality control check, o Revise design schedule and construction cost estimate based on the Design Development plans. o Present the approved Design Development plans to the City for review and comment. Deliverables; Design Development plans and specifications (30% CD submittal), GPa shall conduct a meeting with the City team to review all documents. PROJECT APPROACH City of Seal Beach- Tennis Center Improvements 2. Construction Documentation land Plan Check/ Reaulatory Permittin Upon approval of the design development documents by the City, GPa would prepare the construction documents for the renovation and prepare for plan check and bidding, Review and coordination with the City shall take place formally at 60, 90, and 100%. These documents shall include plans and specifications that in detail set forth the requirements for construction. GPa shall provide all drawings and specifications, including architectural, structural, mechanical, plumbing, and electrical. Engineering calculations shall be included, Regarding the demo plans for the Lockers Building, we can provide notes and details for either a backfill of earthen material or a weak slurry mix to restore the site; this would be in conformance with the recommendations of the geotechnical engineer For the Audio -Visual System, we can provide performance specs for a design build system. Someone on our team can review. GPa will have the construction drawings signed and stamped by a design professional, prepare the required documents for Public Bid by qualified General Contractors, and lead the City team in submitting these documents for all permit applications and in obtaining the permits, • Develop 60%, 90%, and 100% CD stage • Meet with the City team at all stages of the plan review to review design issues, architectural and engineering design. • Formal the City Coordination at 60%,90%, and 100% • Submit 90% plan review to the City Building Department including all calculations for building department plan check for initial review. 3. Plan Check/ Regulatory Permitting Coordinate and Submit plans to City Plan Check** Coordination and revisions to attain plan check approval with required jurisdictions and req, authorities. • GPa will assist with obtaining required permits review and approval as required by the City Building Dept. • Includes meetings and Revisions from input from the City after the initial submittal. (**Entitlement scope excludes Building Department or Plan Check Submittal Fees, City Business License fees (if required) or any other 3rd party fees) • Provide Project Management to coordinate City Requirements with engineer sub -consultant's information 4: Bid Support This Task includes assisting the City in the public bidding and award process. o Attend Bid Walk o Prepare addenda in response to requests for information (RFIs) and requests for clarification (RFCs) received from prospective bidders during the bid advertisement period. o At the conclusion of the bid phase, prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents, PROJECT APPROACH City of Seal Beach- Tennis Center Improvements 5. Construction Support Services Construction Administration includes assisting the City in construction support services for the project during the construction process (GPa is not a construction manager. This does not include construction management services). The following scope is included for Construction Support: • Periodic onsite review of construction activities. Attend meetings as required during construction administration for review of progress, on site coordination and punch walks. • Attend construction coordination meetings (Up to 12 meetings) • Assist with quality assurance and quality control. • Submittal and shop drawing review, • provide review and response of RFIs, Submittals and Shop drawings for engineering related items. • Respond to Requests for Information (RFI). • Assist in change order review and negotiations, • Participate in the creation of punch list • Record Drawings & Documentation- Provide project close-out and record set based on GC mark-ups and updates. Assumptions: • Code required accessibility retrofits are provided for immediate spaces within the scope of work. The design will be focused on the work from the scope described. Any code accessibility upgrades required by the City to the existing facility outside of the immediate area of work would not be included in this scope of work, PROJECT APPROACH City of Seal Beach- Tennis Center Improvements Preliminary Schedule- Approximate Milestones The following is based on initial dates provided starting 01/14/22- dates anticipated to shift respective of official contract date start. Please note that this is a tight schedule, and that review sessions with the City are scheduled concurrently with each submittal. Issued AE contract 01/14/22 Task 1: Info Gathering and Design Development 01120(22.(-�-8-weeks) Design Development and review session 3/20/22 Task 2: Construction Documents and Plan Check Review 60% Construction Documents and _the_City review_____________________ 4120[22_(-4 weeks) 90% Construction Documents and the City review ....................5/20J22(--4 weeks) Plan Check Review Submittal ----------------------------------------- 5/20J22_ Plan Check Approval-----------------------------------------------------7/01/22**(--4-6 weeks) 100% Construction Documents (Bid Docs)_____________________ 7/21122. (3 weeks) Task 4: Bidding _(anticipatpd_to_occur concurrently_ with plan review comments_responsel Task 5: Construction Administration __________________construction to begin- 1 s' week of September Task 6: Record Drawings March 2023 *Holiday Breaks factored into date **Includes waiting times for City Plan Check and Bid responses which can take 2-5 weeks prior to obtaining responses. Please note City comments that involve retrofits outside the immediate scope of the work (in other areas of building and site) could increase the lead time to complete the construction documents. PROJECT APPROACH City of Sea/ Beach- Tennis Center Improvements Requested Scope from City to Provide: We are requesting the following services/ information be provided by the City for this project as required; Geotechnical Engineering: Site Soils and Seismic information to be provided by City's consultant for our Structural Engineering Design. GPa would fully coordinate with City's Geotechnical Engineer to obtain the needed information for the project. Environmental Hazardous Material Report o Environmental Hazardous Material Abatement Procedures Testing & Inspection General Exclusions: • Civil Engineering (Parking and Any Potential Re -Grading Design of Site based on Occupancy changes and Accessible path of travel), • Design of ADA upgrades required by the City beyond the immediate area of the proposed renovations • Electrical service upgrade. Electrical service upgrade is not expected and not included in this proposal, • Any water or gas utility upgrade. • Commissioning of any other systems or building components not listed in "Systems to Be Commissioned", such as vertical systems, emergency generator(s), communication, fire and life safety system, etc, • Title 2016 Part 6 Acceptance testing and submittal of acceptance testing forms. These are to be completed by the General Contractor and its installing subcontractors, • Testing, adjusting and balancing of HVAC systems and domestic hot water systems. • Troubleshooting of systems malfunctions to correct deficiencies, as well as attending meetings associated with such unplanned troubleshooting. Such services can be provided if requested by the client. • The re -testing of equipment or systems requiring significant additional effort, travel cost, and time not accounted for in this proposal and further defined in the "Assumptions' section. Such testing will be conducted as additional commissioning services. IC9,M Gillis + Panichapan Architects, Inc. Reimbursable Allowance * 1 $1,670 * Reimbursibles would cover fees accrued for expense related to the project. - Plan Check excludes Building Department or Plan check Submittal Fees, City Business License fees (if required) or any other 3rd party fees. Scope of Entitlement does not include potential accessible upgrades that may be required for the overall building and site outside the immediate project. Total Item #2 $81,920 Construction Documents FEE EXHIBIT Page 1 Seal Beach Tennis Center ARCHITECT City of Seal BeachArchitect: sub - Tennis Center- Improvements o o a` a v totals per line item .a w F 1/11/2021 a` a` a` Ao c� 1. Info Gathering Design Development Design Development- Information gathering. Coordinate with City's Geotechnical Consultant Setup and Investigation. Develop additional detailed CAD 24 24 50 60 60 $26,430 background drawings for site and facilities. Establish Final Basis of Design. Establish outline specs and drawinq set. 2. Construction Documents 2a. 60% Construction Documents and Specifications, Development of 60 - percent Architectural, Mechanical,Electrical, Plumbing and Structural, drawings for the facility improvements. Landscape Architecture. Prepare preliminary technical 24 48 48 48 40 $27,520 specifications. Conduct a constructability review with City. MEP design development. Include technical specifications defining the overall project and design criteria. 2b. 90% Construction Documents and Specifications (Plan Check Stage) 24 40 90 90 40 $35,780 2c. 100% Construction Documentsand Specifications, Provide developed design information: • Finalize drawings and specifications for architectural and building systems, Provide City plan corrections. 24 24 32 32 28 $18,620 • Make final coordination of the bid documents with City, Perform Final Quality Control Check. 3. Plan Check/ Regulatory Permitting" 3. Plan Check/ Regulatory Permitting: Entitlements regarding Building 4 8 12 12 4 $5,280 Department Review and Addendum. Plan Check- Building Department Review. 4: Bid Support 4. Bidding Support: Attend the pre-bid meeting. Provide technical support at the pre-bid meeting. Prepare addenda in response to requests for information (RFIs) 8 8 8 12 8 $5,860 and requests for clarification (RFCs). prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents. S. Construction Support Services S. Construction Administration: review and guide the progress of construction support including RFI response, GPa will review Shop Drawings, Product Data, 40 120 120 96 96 $62,280 Samples and similar submittals to verify conformity with the information by the original contract documents. Hours: 148 272 360 350 276 1406 Hourly rates $195 $175 $135 $95 $85 total hours Sub -Total 181,770 181 770 hitecture Total Reimbursable Allowance * 1 $1,670 * Reimbursibles would cover fees accrued for expense related to the project. - Plan Check excludes Building Department or Plan check Submittal Fees, City Business License fees (if required) or any other 3rd party fees. Scope of Entitlement does not include potential accessible upgrades that may be required for the overall building and site outside the immediate project. Total Item #2 $81,920 Construction Documents FEE EXHIBIT Page 1 Seal Beach Tennis Center EXHIBIT A pUN�Ry 8 RFFr t 's� AREA OF EXTERIOR SITE WORK (4,740fSF) NEW FENCEa PROVIDE NEW LIGHTS 0 J Q Cn OSP lu— �es w w V Us lUEN Z ❑ w Q u MULTI PURPOSE 9 3 O BUILDPIG a a a a 4S�s AN NN5 �R g �pP = QW S�NS� U W mZ z Jv w Wz ~ (.f) Lu PROVIDE NEW PROVIDE NEW c _ LIGHTS LIGHTS w O u c/) a W �m J 0' 10' 30' S0' 100' PROPOSED SITE PLAN- SCHEME 1 ®, w ~ W V !n A-1.2 Page 8 STRUCTURAL ENGINEER Dale A. Christian, S.E., C.E.O. Roberto Ortiz, S.E., C.O.O. Winnie Sullivan, C.F.O. Richard Suzuki, S.E., Sr. V.P. Todd Brown, S.E., Sr. V.P. DCSE A.tiSLI�:j,{ J F�, I NC PROPOSAL FOR PROFESSIONAL SERVICES . 5SRCICTURAII PNrilN1!R5 Date: December 14, 2021 Client: GPA, Inc. Phone: (714) 668-4260 2900 Bristol Street Fax: (714) 668-4265 Suite G-205 Email: vnguyen@gparchitects.org Costa Mesa, CA 92626 Attn: Mr. Vic Nguyen DCSE Project Name: Seal Beach Tennis Center RFP Seal Beach, CA DCSE JOB Number: 2021-152 Scope of Work: Provide Professional Consulting Structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story approximate 3,200 sq. ft. Clubhouse and approximate 980 sq. ft. Multipurpose Building based on conceptual architectural drawings dated 12/06/21. Includes (1) pre -design site survey and (1) design for light standard footing. Lateral resistance upgrades are anticipated for the Clubhouse. Requested by: Yourself Structural Engineering Fee: $2,500.00 — DD & Site Survey $5,000.00 — CD $2,000.00 — Bid/Entitlement $3,800.00 — CA (T&M, NTE, 20.0 hrs. max.) CONDITIONS/COMMENTS: This proposal is for your budgetary purposes and, when signed below, may be used for authorization to begin work. A formal contract may follow at time project actively begins for your signature. AUTHORIZATION: The professional services proposed herein for the above referenced project are hereby authorized for payment of stated fees subject to completion and conditions noted. All provisions and conditions noted in our standard contract for Structural Engineering Services shall be in force including limitation of liability provision. Please Liability Provision page. Accepted by: Company Date Please sign and return by EMAIL to wsullivan(a)dalechristian.com, and original copy via US mail. Thank you. Dale A. Christian, S.E. 2705, President, CEO DCSE /ASSOCIATES INC. STRUCTURAL ENGINEERS a 1744 West Katella Ave, Suite 107 Orange, California 92867 t 714.997.1145 w dalechristian.com Page 1 of 3 MEP ENGINEER � N2$ ENGINEERS INCR December 15, 2021 To, Jack Panichapan Gillis+Panichpan Architects 714.668.4260 jack@gparchitects.org Subject: Seal Beach Tennis club — remodel of retail shop/locker room building, multipurpose room and outdoor lighting for new picket ball courts. A. Scope Understanding 1. The proposal includes mechanical and electrical engineering services for the following three parts of the projects. a. Renovation of Clubhouse: This will include major renovation of the existing club house including new HVAC, new plumbing, new lighting, and new power distribution. Electrical service upgrade is not expected and not included in this proposal. The renovated building will be expanded to 3,200 SF from existing 2,700 SF building. b. Renovation of Multipurpose Building: This will include conversion of existing multipurpose building into a gym. Project will include new HVAC and new lighting with minor power distribution inside of the space. Existing electrical panel will be upgraded and used to service new HVAC unit. No plumbing scope is required. c. Outdoor lighting: This will include upgrade of all existing lighting, addition of new lighting for existing courts and new courts as required for the proper lighting level. The electrical scope will require some power redistribution as well as new power distribution for new lights. Existing electrical lighting control panel and power panel may be upgraded to accommodate new lights as well as new controls. We are assuming that service upgrade will not be required. 2. We will perform one (1) site visit to gather existing MEP information required for design. 3. We will provide DD and CD level drawings before the permit ready set is issued for the client review and comments. 4. Mechanical drawings will include Title 24 calculations, equipment schedules, details, floor and roof layouts, elevation plans and controls. 5. Electrical drawing will include Title 24 calculations, photometric study, single line diagrams, panel schedules, details, power layouts, lighting layouts and controls. 6. Plumbing drawing will include plumbing calculations, details, waste/vent layouts, hot and Cold- water layouts, plumbing fixture schedules, equipment schedules, material schedules and mounting details. 7. We are excluding written specifications book. 8. We are including construction administration services including answering to RFls, review of submittals and total of three (3) site visits including punch walk. B. COMPENSATION Our fees for the project will be $19,900 1. Our fee will be billed monthly based on the percentage of completion. 2. We are excluding any printing cost; all our deliverables will be in electronic format. 3. We are including meals and miles within our fees. 1-12S Engineers Inc. 675 N Euclid St, Suite 518, Anaheim, CA 92801 714.321.3068 www.h2sengineers.com LANDSCAPE ARCHITECT BGB I DESIGN GROUP Landscape Architecture Planning Urban Design December 17, 2021 (Rev. 1) Viet Nguyen Project Director Gillis + Panichapan Architects, Inc. (GPA) 2900 Bristol St., Suite G-205 Costa Mesa, CA 92626 Subject: Landscape Architectural Design Proposal for Seal Beach Tennis Center Landscape Modification Dear Mr. Nguyen: BGB Design Group ("BGB) look forward to the opportunity to provide the following proposal to perform design through construction support for the proposed landscape area created with the removal of the existing locker room building. PROJECT UNDERSTANDING Conceptual design will include creating a temporary use space. In the interim, the space will become a predominately turf area with non-specific use. Scope would include field investigation for irrigation renovation and landscape interface. With the prospect of future use, all landscape will be considerate of budget. And will consider the future overlay of a pickleball court for future conversion. SCOPE OF SERVICE 1.0 INTENT OF WORK: 1.1 It is our understanding that our scope of work consists of general landscape demolitions, irrigation and planting of project areas bounded by the area east of the tennis court adjacent to the existing locker rooms and north of the walkway connecting the two courts to the east. Additionally, new fencing or wall shall connect the existing walls once the locker room building is demolished. BGB recommends that the landscape setback plantings will be renovated between the northerly tennis courts outside the perimeter wall. Turf zone would remain unchanged. 1.2 (1) base sheet at 1"=10'-0" scale. 1.3 Assumptions: • Plans will be on GPA titleblock backgrounds • Backgrounds will be provided by GPA 3185-C1 Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com Landscape Architectural Proposal- Seal Beach Tennis Center • Specifications will be limited to technical sections of the proposed scope. • Cost estimate will be limited to landscape demolition, planting and irrigation improvements. 1.4 Services specifically not included within this scope of work include the following: • Site precise grading and drainage • All civil and/or structural engineering fees All processing of plans and/or pick-up or delivery of plans • Landscape Lighting • Signage • Construction Observation Site Visits and Services other than specified below. 2.0 SCOPE OF SERVICES: Scope of work will include the following services: 2.1 Establish procedures, liaison and work schedules 2.2 Collect and review all on- and off-site applicable data, planning and design criteria, as supplied by GPA. 2.3 Obtain Soils Analysis for representative building and demonstration area (2 - samples). 2.4 Establish dialogue to ascertain City of Seal Beach expectations. 3.0 PRELIMINARY DESIGN PHASE (PHASE 1) This phase consists of developing preliminary design concept. The plans representing this phase are denoted as "Preliminary Design Plan", and will illustrate the following: 3.1 Landscape Demolition Plan (establishing parameter for removals and protect -in- place plantings) 3.2 Colored Preliminary Planting Plan (including imagery of proposed plant material) 3.3 Opinion of probable construction costs 3.4 Meetings as required 4.0 CONSTRUCTION DOCUMENTATION PHASE Following approval of the Preliminary Phase, BGB will proceed with the Construction Documentation Phase. This phase consists of preparing documents for bidding and/or construction and includes the following: 4.1 Landscape Demolition Plan 4.2 Irrigation Plan and Details Page 1 2 Landscape Architectural Proposal- Seal Beach Tennis Center 4.3 Planting Plan and Details 4.4 Landscape Technical Specifications and Bid Proposal Form. Boiler plate specifications shall be prepared by GPA. 4.5 Opinion of probable construction costs 4.6 In-house plan check 4.7 BGB will provide GPA with final PDF set for review and approval. Review comments will be updated accordingly. 5.0 BIDDING ADMINISTRATION PHASE 5.1 Respond to RFI's and clarifications during the bidding phase 6.0 CONSTRUCTION SUPPORT PHASE 6.1 Provide periodic observation during construction as follows: • Irrigation review with contractor to determine if intent of the drawings have been met. • Landscape layout review prior to planting. • Final walkthrough and review with contractor, owner representation and maintenance contractor. 7.0 FEES The fee for Landscape Architectural services as outlined above will be performed on a fixed fee basis as outlined below. Preliminary Design Phase: Inventory / Research $ 340. Base Sheet Preparation 690. Preliminary Design Plan 1,120. Construction Documentation Phase 2,480 Bidding Administration Phase incl. Construction Support Phase 1,200 Reimbursables (allowance) 200. Soils Analysis 300. Total Project Fee: 6,330 8.0 LANDSCAPE ARCHITECTURAL SERVICES Page 13 Landscape Architectural Proposal- Seal Beach Tennis Center 8.1 Standard of Care The Landscape Architectural Services shall be performed with care and diligence in accordance with the professional standards appropriate for a project of the nature and scope of the Project. 8.2 Coordination The Landscape Architect shall coordinate the services of its consultants and shall cooperate with the GPA's representatives in the best interest of the project. 8.3 Supplemental Services Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the GPA, shall entail additional compensation (either on the hourly basis stated herein, or on the basis of a negotiated sum) beyond the compensation stated herein. 8.4 Approval of Services / Changes to Approved Services The Landscape Architect shall proceed with a phase or design package of the Landscape Architect's services only after receiving the GPA's acknowledgement of the services and deliverables provided in the previous phase and authorization to proceed with the next phase. Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of GPA - requested changes to previously approved drawings or other documents, or because of GPA changes to precious budget parameters and/or Program descriptions. 8.5 Opinions of Probable Construction Costs, (OPC's) Opinions of probable construction costs provided by the Landscape Architect are based on the designer's familiarity with the landscape construction industry and are provided to assist the CPA's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Since the Landscape Architect has no control over the cost of labor, materials, equipment and/or the contractor's methods of determining bid prices, accordingly, the Landscape Architect cannot guarantee that bids or actual costs will not vary from his opinion. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of the Agreement by the furnishing of opinions of probable construction costs. Should the GPA require further detailed cost information, it is recommended that the services of a professional cost estimator be procured. 8.6 Construction Safety The presence of the Landscape Architect, its employees, or consultants at the Project site shall not be deemed an assumption by the Landscape Architect of any obligations, duties, or responsibilities for safety, including but not limited to construction means, methods, sequences, techniques, or procedures necessary Page 14 Landscape Architectural Proposal- Seal Beach Tennis Center for performing, superintending, or coordinating the work of the Project in accordance with the Construction Documents or any regulatory health or safety requirements. The Landscape Architect, its employees, and consultants have no authority to exercise any control over any construction contractor, it's employees, or subcontractors in connection with their work or health and safety programs and procedures. 9.0 LANDSCAPE ARCHITECT COMPENSATON 9.1 Compensation for Landscape Architectural services performed under this Agreement shall be a stipulated sum plus Reimbursable Expenses as defined herein, and is subject to the provisions of the Agreement. Supplemental Services, when requested in writing by the GPA, shall be compensated on an hourly basis at the rates provided in this section, or on the basis of a negotiated fee provided in an amendment to this Agreement. Hourly rates are good for the period of one year from this document date. 9.2 Hourly Rates: • Principal In Charge $170.00/hour • Project Manager $130.00/hour • Senior CAD Operator $110.00/hour • CAD Operator $95.00/hour • Administrative Staff $75.00/hour 10.0 REIMBURSABLE EXPENSES 10.1 Reimbursable expenses are expenditures for the Project made by the Landscape Architect, its employees and consultants in the interest of the Project plus an administrative fee of 10%. Reimbursable expenses include but are not limited to the following: • All reproduction costs. All printing done by a professional reprographics company, photographs, and mock-ups requested by the GPA. • Costs for scanning plans that are not available on compatible computer disks. • All postage and handling charges, faxes, messenger and overnight delivery services. • Services of professional consultants which cannot be quantified at the time of contracting (see Exclusions, below). • All revisions to previously approved plans including base sheet information by others. • All additional services requested by others above and in addition to the scope of work listed above, and other similar direct Project -related expenditures. 11.0 PAYMENT SCHEDULE 11.1 Monthly payments to the Landscape Architect shall be based on; 1) the percentage of the Scope of Services completed in accordance with the RFP Schedule of Services Page 15 Landscape Architectural Proposal- Seal Beach Tennis Center 11.2 The Landscape Architect will invoice to the amounts denoted in the Fees section above. Payments are due and payable 30 days from the date of the Landscape Architect's invoice. 12.0 INSURANCE 12.1 Upon acceptance of this proposal, BGB Design Group will provide proof of General Liability, Professional Liability and Automobile Insurance to the amounts required as requested by GPA. 13.0 EXCLUSIONS Specifically excluded from the Landscape Architect's services are the following items, which shall be provided by others if required: 13.1 Base data and information necessary for the execution of Landscape Architectural services including but not limited to the following: • Locations of all existing utilities, easements, structures, paving, trees or other pertinent site information 13.2 Work outside that of the Landscape Architect's expertise and scope of work. This includes civil, mechanical, structural and electrical engineering services. 13.3 Additional services made necessary by contractor default. 13.4 All fees required for securing approval of agencies having jurisdiction over the project, (i.e., Plan Check Fees). The fees must be paid directly to the agency from GPA. All processing of plans shall be by GPA. 13.5 All inspections, out of office meetings, showroom or material yard meetings, or selecting plant materials at nursery locations prior to shipping to site. We trust that our understanding of the above scope of services meets your expectations and appreciate the opportunity to be of service to GPA and look forward to working together if awarded this commission. Respectfully, Page 1 6 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 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 Interwest Consulting Group, Inc. SUMMARY OF REQUEST: That the City Council adopt Resolution 7248: 1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. BACKGROUND AND ANALYSIS: On August 21, 2021, a professional services agreement (PSA) was executed with Interwest Consulting Group, Inc. (Interwest), which specializes in the short-term placement of public works consultants with technical expertise in city engineering and water/wastewater system operations for public agencies on an independent contractor basis. The initial PSA was approved for a not -to -exceed amount of $36,500 to provide temporary staffing needs through mid-October 2021. Amendment No. 1 was approved at the October 24, 2021 City Council meeting to extend this temporary management staffing assistance in support of the Public Works Department's maintenance and utilities divisions through the week of January 24, 2022, for an additional not -to -exceed agreement amount of $64,750. With the position of the Deputy Public Works Director/Maintenance and Utilities currently vacant, staff now anticipates that temporary management staffing assistance will be required through May 2022. As such, staff requested that Interwest submit a letter proposal to provide these extended services through May 2022, for an additional not -to -exceed amount of $72,150. Amendment No. 2 will allow for sufficient time to recruit for the vacant Deputy Public Works Director/Maintenance and Utilities position, as well as to ensure a smooth transition into the Public Works Department's management team. Agenda Item J 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 Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. 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 initial Interwest PSA was approved with a total not -to -exceed compensation of $36,500, for a term of one year. Amendment No. 1 increased the not -to -exceed compensation by an additional $64,750 for a total PSA not -to -exceed compensation of $101,250 for the same term. Amendment No. 2 increases the PSA not -to -exceed compensation by an additional $72,150 for a total PSA not -to - exceed compensation of $173,400 for the same term. Funding for this item is available in the Adopted FY 2021-22 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 7248: 1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2. Page 2 SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works ATTACHMENTS: NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager A. Resolution 7248 B. Agreement with Interwest Consulting Group, Inc. dated August 21, 2021 C. Amendment No. 1 with Interwest Consulting Group, Inc. D. Amendment No. 2 with Interwest Consulting Group, Inc. Page 3 RESOLUTION 7248 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 INTERWEST CONSULTING GROUP, INC. TO PROVIDE TEMPORARY STAFFING ASSISTANCE WHEREAS, on August 21,2021, Staff executed a Professional Services Agreement with Interwest Consulting Group to provide temporary management staffing assistance in the Public Works Department's maintenance and utility divisions for a total contract amount of $36,500, and, WHEREAS, on October 25, 2021, the City Council approved Amendment No. 1 to Professional Services Agreement between the City of Seal Beach and Interwest Consulting Group to increase the compensation by $64,750. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 2 dated January 24, 2022, to the Agreement dated August 21, 2021, as previously amended by Amendment No. 1 dated October 25, 2021, between the City of Seal Beach and Interwest Consulting Group, to increase the consultant's compensation by $72,150 for a revised total compensation in the not - to -exceed amount of $173,400 for the same term, attached hereto as Exhibit "A" and incorporated herein by this reference. 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 24th day of January, 2022 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 7248 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT for Staffing Assistance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N Interwest Consulting Group, Inc. 1 Jenner, Suite 160 Irvine, CA 91741 (714) 899-9039 This Professional Service Agreement ("the Agreement') is made as of August 21, 2021 (the "Effective Date"), by and between Interwest Consulting Group, Inc. ("Consultant'), a Colorado corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional staff assistance services 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 staffing assistance services to support the Public Works Department. C. Consultant represents that the principal members of its firm are qualified professional engineers 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 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 2of19 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 on August 21, 2021 and shall remain in full force and effect until August 21, 2022, 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 $36,500 (Thirty Six Thousand Five Hundred and 00/100 dollars) 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 19 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. Jim Ross is the Consultant's primary representative for purposes of this Agreement. Jim Ross 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: Interwest Consulting Group, Inc. 1 Jenner, Suite 160 Irvine, CA 91741 Attn: Paul Meschino 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 19 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. 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 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 (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 19 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 6of19 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 19 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 19 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 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 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. 9of19 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 SCODe 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 Agreementflocation 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" 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 Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 10 of 19 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 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 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 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. 11 of 19 17.8. Deductibles and Self -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. City 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 duty to, take 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 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. 12 of 19 17.13. Broader Coverage/Higher 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 18.4), 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. 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, 13 of 19 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 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 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 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 14 of 19 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, age, physical 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 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. 15 of 19 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. 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. 16 of 19 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 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. 17 of 19 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 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 18 of 19 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 BEAC CONSULTANT: Interwest Consulting Group, Inc., a Colorado corporation By: By: Steve Nfyrt4r, Name: Avner Alkhas Director of Public Works Its: Chief Financial Officer Attest: By.f Gloria D. Harper, City Clerk Approved as to Form: By: raig A. Steele, City Attorney By: Name: Paul Meschino Its: Vice President of Operations (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 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 l:*W m I I aIW.&I Consultant's Proposal August 16, 2021 Steve Myrter, P.E. Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 RE: Quote for Staff Assistance Services Dear Mr. Myrter, rw INTERWEST A SAFEbuk COMPANY We are pleased to present this quote for Staff Assistance Services for the City of Seal Beach to support the City's water, sewer, beach, fleet streets and buildings operations. We understand that the work will be to fill an immediate need; however, should you desire additional support, we would be happy to assist on a more permanent basis. To provide these services, we propose Thom Coughran, PE, at an hourly rate of $185. Thom has more than 35 years of experience in civil engineering design & project management and public works management, with a specialization in water services, transportation, and distribution. He is a licensed engineer in the states of California and Arizona and a member of the American Water Works Association (AWWA). He retired as the Director of Public Works for the City of La Habra and has since come to work as a consultant. His solid network of colleagues has grown with his experience within the engineering divisions of several other cities and districts in the surrounding area, including his position as Water Resources Manager for the City of Santa Ana, Water Systems Manager for the City of Fullerton, Principal Water Engineer for the City of Anaheim, and District Engineer for the Mesa Consolidated Water District. FEESCHEDULE Below we have provided a breakdown of the anticipated hours and hourly rate. CLASSIFICATION HOURLY RATE ANTICIPATED HOURS Thom Coughran, PE Staff Assistance Services $185.00 25 hours per week We appreciate the opportunity to continue serving the City of Seal Beach. Should you have any questions, please do not hesitate to contact me or Elizabeth O'Neil at eoneil@interwesterp.com / 310.500.5830, or Jim Ross at iross@interwestgrp.com / 714.742.1551. Sincerely,Paul Meschino Vice President of Operations pmeschino@interwestgrp.com I N T E R X111 E S T 1 1 Jenner, Suite 160, Irvine, CA 91741 Thomas Coughran, PE Thom has more than 35 years of experience in civil engineering design & project management and public works management, with a specialization in water services, transportation, and distribution. He is a licensed engineer in the states of California and Arizona and a member of the American Water Works Association (AWWA). He retired as the, Director of Public Works forthe City of La Habra and has since come to work as a consultant. His solid network of colleagues has grown with his experience within the engineering divisions of several other cities and districts in the surrounding area, including his position as Water Resources Manager for the City of Santa Ana, Water Systems Manager for the City of Fullerton, Principal Water Engineer for the City of Anaheim, and District Engineer for the Mesa Consolidated Water District. PROFESSIONAL HISTORY As a Senior Project Manager, Thom has served many jurisdictions in many roles including the City of Yorba Linda, the City of Newport Beach and The City of Costa Mesa. As the Interim Public Works Director for the City of Yorba Linda, Thom directed and participated in the development and implementation of the department goals with oversite of developers projects submitted for approval for compliance to City requirements. Director departments annual budget and evaluated current programs with recommendations to City Council for projects, maintenance programs and residential services. Prepared contract proposals for design and construct projects, facilitate community input as related to current programs/services. Thom served the City of Newport Beach as the Interim Director of Utilities. His duties included directing and managing the activities for the water and sewer utilities section including CIP design, construction implementation, operations and maintenance of infrastructure, contract documentation for compliance with local and state regulations and coordination with other City departments and outside agencies. Thom also served as the Interim Deputy for the Public Works Municipal Operations division. Thom managed, organized and directed staff for overall maintenance, operations and services. His oversite included street, facilities, landscaping, trees, refuse coordination, storm drain maintenance and address tidal valve. He assisted with developing, planning and implementing procedures for work programs coordinating with outside agencies. Thom has also recently served the City of Costa Mesa providing Interim Maintenance Manager Services in the areas of building maintenance, park maintenance, and street rehabilitation. He attended all Parks and Rec Commission meetings and prepared various reports. BS, Civil Engineering, California State University, Long Beach, 1984 CA Registered Civil Engineer 50092 AZ Registered Civil Engineer 26082 CA, Contractor License "A" & "B", Inactive CA Distribution Operator Certification, Grade 5 American Water Works Association, Member Metropolitan Water District, Emeritus Director, 1997 - 2005 A-21 Committee Rep. with D.I. Foundation Research 1995-2012 California Municipal Utilities Association, Board of Governors, 1999 - 2002 THOMAS COUGHRAN, PE - CA REGISTERED PROFESSIONAL ENGINEER He has administered several CIP projects including the replacement of the main electrical panels in the Costa Mesa Community Center. Thom oversaw safety street lighting replacement, the replacement of two pedestrian park bridges and two park shelters, emergency generators for essential facilities, and graffiti removal. Thom also oversaw activities for street pothole repairs, replacement of street signs, sidewalk grading and replacement, and development projects related to public works such as street, park, and median projects. Thom directed, managed, and oversaw activities and operations for PW and Utilities sections including: capital improvements for public works and water/sewer project design; operations and maintenance of water/sewer infrastructure; construction implementation, inspections, cost estimates and contract documentations for compliance with local, state regulations; coordination with other City departments and outside agencies to satisfy requirements; and local ground water basin development. He oversaw and managed maintenance contracts for street lighting, street sweeping, trash, parks, and trees. He also provided assistance to the City Manager for difficult and sensitive inquiries for Council, and he advised & participated on a variety of boards, commissions, special interest groups and outside governmental agencies. Thom was responsible for directing and participating in the development and implementation of department goals, policies, and for ensuring compliance. He reviewed policies and work of outside service providers and contractors as they related to publicworks programs and programs that included: enhancementsto the waterand sewersystem operations/maintenance, drilling two new water wells with pump stations, and maintenance programs for streets and parks. He directed the department's annual budget, and selected, trained and evaluated the performance of professional, technical and supportstaff. He also evaluated current programs with recommendations to City Council for new construction projects, acquisition of water property rights, maintenance programs, and residential services; prepared contract proposals that included emergency contacts, design/build projects, facilitate community input as it related to current and proposed programs/services, and evaluated the availability and cost effectiveness of outside service providers. Thom worked with other department directors, and City Manager to plan, organize and implement programs affecting areas of responsibilities and matters of concern. La Bonita Pump Station - Project included; five booster pumps for 11.5 MGD, buried 250,000 gallon blending reservoir, 750 kw emergency generator, SCADA controls and chlorination system. Budget was $8.4m. La Bonita Transmission Water Main - 10,500 lineal feet of 24 -inch CML&C steel pipe including bore/jack trenchless technology under a railroad crossing, including traffic control and relocation of existing facilities. Budget was $1.6m. Citywide Water Main Replacement Program - project included multiple locations within the City limits to upgrade 6-inh through 12 -inch water mains, which includes new water services, fire hydrants, and PRV stations. Design included various street redesign/construction locations. Budget was $8m over two years. Portola Park Water Well - Design/build a third water well to a depth of 1,000 feet including a 150 -hp electric motor and 2,500 lineal feet of 12 -inch PVC C-900 pipeline into the La Bonita Pump Station with a 1,100 GPM capacity, including SCADA connections into City's system for fully automatic operations. Budget was $1.8m. La Bonita Water Well - Drilled the City's second water well, equipped with vertical pump with 850 -GPM capacity and 150 -hp electric motor, 1,200 lineal feet of 8 -inch PVC -C900 discharged into La Bonita Pump Station's blending reservoir, along with pumping facility to an existing storm drain line, with instrumentation to operate including hydraulic controlled by cla-valve and connected to City's existing SACAD system. Budget cost was $1.6m. THOMAS COUGHRAN, PE - CA REGISTERED PROFESSIONAL ENGINEER Thom provided skilled leadership developing and implementing department goals and objectives; preparing and managing annual budget; implementing effective field maintenance/system operation activities; executing a safety program and enhancing coordination between professional and field personnel; and overseeing CIP for the City's infrastructure with emergency/security preparation. Thom developed a sewer enterprise ($3-4 million) forthe City's sewer infrastructure operations/improvements and ensured compliance with sewer Waste Discharge requirements. He developed and managed long-range planning for adequate water supplies including three new water wells. He also developed a staff succession plan and additional revenue sources ($300k/yr.- ten yr. lease agreement) for the City. He provided enhanced communications with City Council, City departments, water and power agencies, legislators, civic leaders and community groups, and he served as intergovernmental liaison with the Orange County Water District and the Orange County Sanitation District. Thom also performed duties as a Metropolitan Water District Board of Director for the City (1997-2005). In this role, he presented policy recommendations on State and Federal legislation issues affecting the City's Water and Sewer Enterprise to City Manager, Council and other boards and commissions. Garthe Reservoir - Preparation of plans, specs and estimate (PS&E), quality control for construction for two 6 - million gallon reservoirs for the water system, including electric level controls, piping & valves to distribution system. Budget $6.8m. Two Water Wells- In conjunction with OCWD pumping program, designed and drilled two water wells. Each well equipped with vertical pump with 2,000 -GPM capacity and 250 -hp electric motor, 500 to 1,000 lineal feet of 12 - inch PVC -C900 discharged into distribution system, along with all required instrumentation and controls required to operate the wells from City's SCADA system. Budget cost was approx. $3.7m Garthe Water Well - Prepared plans, specifications forthe drilling a water well, equipped with vertical pump with 1850 -GPM capacity and 250 -hp electric motor, 500 lineal feet of 12 -inch PVC -C900 discharged into new Garthe reservoirs and distribution system, with pumping facility to an existing storm drain line, and instrumentation to operate including hydraulic controlled by cla-valve and connected to City's existing SACAD system. Budget cost was $1.9m Citywide Water Main Replacement Program -Project included multiple locations within the City limits to upgrade 6-inh through 12 -inch water mains, which includes new water services, fire hydrants, and PRV stations. Design included various street redesign/construction locations. Budget was $12m over six years. As water system manager, Thom efficiently planned, scheduled and directed the operation of the City's Water Engineering Department water system, quality control and rate setting. He managed the department's annual budget/expenditures and developed and implemented department goals and objectives. Thom prepared and managed design and construction of CIP with budget controls, which included the drilling/development of a new water well. He effectively communicated activities with other City departments, outside agencies and presented to City Council and public on related legislative water issues. He also provided responsible and complex administrative support to the Director of Engineering and City Manager. Thom directed, planned and organized the water production, transmission/distribution maintenance and system operations programs within the Public Utilities Department to support the Assistant General Manager of Water Services. He prepared the Division's annual budget & expenditures to best represent the City's goals and objectives. He developed training for new water operation teams and enhanced communications between office and field personnel. He developed and monitored contractor emergency services and general service contracts with specialty THOMAS COLIGHRAN, PE - CA REGISTERED PROFESSIONAL ENGINEER companies (privatization) for a City cost savings of $360k/yr. Thom introduced effective activities and communications with other City departments and outside agencies for a cost savings of $90k/yr., and provided various presentations to Public Utility Board as required. In this role, Thom was accountable for staff motivation, evaluations, labor/union grievances, and disciplinary action. Citywide Water Main Replacement Program - Provided oversight for water replacement project at multiple locations within the City limits to upgrade 6-inh through 12 -inch water mains, which includes new water services, fire hydrants, and PRVstations. Project included new lining procedures in existing water mains. Design included various street redesign/construction locations. Budget of $8.5M. Crescent Street Water Well - Design/build a water well to a depth of 1,200 feet including a 250 -hp electric motor and 500 lineal feet of 12 -inch PVC C-900 pipeline into the distribution system with a 1,500 GPM capacity, including SCADA connections into City's system for fully automatic operations. Budget was $1.5m. WXi11:11d 1 TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. ® A� Q/r CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYY) 8,12/2021 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 RBN Insurance Services 303 E Wacker Dr Ste 650 Chicago IL 60601 CONTACT NAME: $ mone White PHONE FAX N E : 312-856-9400(AIC,Nol: 312-856-9425 ADDRESS: SWhite@rbninsurance.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: Hartford Fire Insurance Co. 19682 10/3/2021 INSURED SAFELLC-01 Interwest Consulting Group P.O. Box 18330 INSURER B: Hartford Casualty Insurance Co 29424 INSURER C: Navigators Insurance Company 42307 INSURER D: Great American E&S Ins, Co. 37532 Boulder CO 80308 INSURER E: Twin City Fire Insurance Co. 29459 INSURERF: Princeton Excess & Surplus Lines Insurance Co. 1 10786 MED EXP (Anyone person) $ 10,000 COVERAGES CERTIFICATE NUMBER: 384238988 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. ILTRNSR LTR ' TYPE OF INSURANCE ADDL SUBR;I POLICPOLICY NUMBER MM/DDY EFF MM/DD POLICY EXP LIMITS A X I COMMERCIAL GENERAL LIABILITY 83UENZV3951 10/3/2020 10/3/2021 EACH OCCURRENCE $1,000,000 %� CLAIMS -MADE OCCUR DAMAGE O RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Anyone person) $ 10,000 PERSONAL 8 ADV INJURY $1,000,000 I IGEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jECa LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 83UENPY9100 10/3/2020 10/3/2021 COEaMBINED accident SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X I ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Peraccident,I $ I X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident CLUMBRELLA LIAB X OCCUR CH2OEXC8856MIC 10/3/2020 1D/3/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION $, $ E WORKERS COMPENSATION EMPLOYERS' LIABILITY Y f N ANY PROPRIETOR/PARTNER/EXECUTIVE 83WECE0623 5/12/2021 5/12/2022 X STATUTE OTH- ER E.L. EACH ACCIDENT I $ 1,000,000 OFFICER/MEMBEREXCLUDED' M N/A E. L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT J $ 1,000,000 D F ! Professional Liability Excess Liab (2nd) Layer I TER 286-10-59 8E -A3 -XL -0000121-00 10/3/2020 10/3/2020 10/3/2021 10/3/2021 Each Claim/Aggregate 10,000,000 Each OcrJAggregate I 5,000,000 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mora space is required) Additional Insured: City of Seal Beach, its directors, officials, officers, employees, agents and volunteers. CERTIFICATE HOLDER rANrFI I ATil ld ©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 8th 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 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT For Temporary Staff Assistance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 E:1 Interwest Consulting Group, Inc. 1 Jenner, Suite 160 Irvine, CA 90071 This Amendment No. 1, dated October 25, 2021, amends that certain agreement ("Agreement") dated August 21, 2021 by and between the City of Seal Beach ("City"), a California charter city and, Interwest Consulting Group, Inc. ("Consultant"), a Colorado corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides temporary staffing assistance in Public Works/Maintenance Services & Utilities. B. City and Consultant wish to amend the Agreement for Consultant to provide additional staff assistance services, and to increase Consultant's compensation by $64,750 for those additional services required in connection with these services, for revised total compensation in the not -to -exceed amount of $101,250 as provided herein. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement, is hereby amended to add subsection 1.1.1 to read as follows: 1.1.1 Consultant shall provide those additional services set forth in the attached Exhibit A-1 (Consultant's Scope of Services -- Additional Services), which is hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, and this Agreement, as amended by Amendment No. 1, Amendment No. 1 to this Agreement, shall control. 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 Exhibits A and A-1 for Services but in no event will the City pay more than $101,250 for the Term. 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-1." Section 3 All references to the term "Agreement" throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated August 21, 2021, and this Amendment No. 1, dated October 25, 2021, as if all of those terms are fully set forth therein. Section 4. 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 Exhibit A, Exhibit A-1, the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 5. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. tf IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: Steele, City Attorney CONSU(LTTAN/�T By. V",v�- Name: Paul Meschino Its: Vice President of Operations By: '�-— Name: Avner Alkhas Its: Chief Financial Officer (Please note, two signatures required for corporations under Corp. Code §393, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT For Temporary Staff Assistance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 1.3 Interwest Consulting Group, Inc. 1 Jenner, Suite 160 Irvine, CA 90071 This Amendment No. 2, dated January 24, 2022, amends that certain agreement ("Agreement") dated August 21, 2021, as amended by Amendment No. 1 dated October 25, 2021, by and between the City of Seal Beach ("City"), a California charter city and, Interwest Consulting Group, Inc. ("Consultant"), a Colorado corporation. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides temporary management staffing assistance in Public Works/maintenance services & utilities divisions. B. The Agreement was originally approved with a total not -to -exceed compensation of $36,500, for a term of one year. C. Amendment No_ 1 provides for additional compensation in the amount of $64,750 for a revised total amount not to exceed $101,250 for the same term. D.. City and Consultant wish to amend the Agreement for Consultant to provide additional management staff assistance services, and to increase Consultant's compensation by $72,150 for those additional services required in connection with these services, for revised total compensation in the not -to -exceed amount of $173,400 for the same term, 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 1.0 (Scope of Services) of the Agreement, is hereby amended to add subsection 1.1.2 to read as follows: 1.1.2 Consultant shall provide those additional services set forth in the attached Exhibit A-2 (Consultant's Scope of Services -- Amended Additional Services), which is hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, A-2, the Agreement, Amendment No. 1 and this Amendment No. 2, the provisions of Amendment No. 2 to this Agreement shall control. 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 Exhibits A, A-1, and A-2 for Services but in no event will the City pay more than $173,400 for the Term. Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibits A, A-1 and A-2." Section 3 All references to the term "Agreement" throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated August 21, 2021, Amendment No. 1, dated October 25, 2021, and this Amendment No. 2 dated January 24, 2022, as if all those terms are fully set forth therein. Section 4. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between Exhibit A, Exhibit A-1, Exhibit A-2, the provisions of this Amendment No. 2, the provisions of Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. Section 5. The person executing this Amendment No. 2 on behalf of Consultant warrants that he or she is duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2. 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 Jill R. Ingram, City Manager Attest: By: Gloria D. Harper, City Clerk Approved a F m By: rai A. Steele, City Attorney CONSULTANT By: F� Name: Paul Meschino Its: Vice President Operations By: ---- L Name: Avner Alkhas Its: Chief Financial Officer (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.) Exhibit A-2 January 7, 2022 . Steve Myrter, P.E. Public Works Director City of Seal Beach 211 Eighth Street INTERWEST Seal Beach, CA 90740 A SAFEbuilt COMPANY RE: Letter Propoisal for Amendment No. 2 to PSA for Temporary Staff Assistance Services Dear Mr. Myrter, We are pleased to present this Letter Proposal for Amendment No. 2 to the Professional Services Agreement for Temporary Staff Assistance Services for the City of Seal Beach, which will extend our current Agreement through May 31, 2022. We understand that the work will be to fill an immediate need; however, should you desire additional support, we would be happy to assist on a more permanent basis. To provide these services, we propose Thom Coughran, PE, at an hourly rate of $185. Thom has more than 35 years of experience in civil engineering design & project management and public works management, with a specialization in water services, transportation, and distribution. He is a licensed engineer in the states of California and Arizona and a member of the American Water Works Association (AWWA). He retired as the Director of Public Works for the City of La Habra and has since come to work as a consultant. His solid network of colleagues has grown with his experience within the engineering divisions of several other cities and districts in the surrounding area, including his position as Water Resources Manager forthe City of Santa Ana, Water Systems Manager for the City of Fullerton, Principal Water Engineer for the City of Anaheim, and District Engineer for the Mesa Consolidated Water District. FEE SCHEDULE Below we have provided a breakdown of the anticipated hours and hourly rate. HOURLY AGREEMENT ANTICIPATED TOTAL CLASSIFICATION RATE TERMINATION TOTAL HOURS AMOUNT DATE Thom Coughran, PE Staff Assistance Services $185.00 May 31, 2022 390 Hours $72,150 We appreciate the opportunity to continue serving the City of Seal Beach. Should you have any questions, please do not hesitate to contact me or Elizabeth O'Neil at eoneil@interwest?rp.corn / 310.500.5830, or Jim Ross at irossea interwestgrp.com / 714.742.1551. Sincerely, `D — Paul Meschino Vice President of Operations pmeschino@interwestero.com IN T E R LU EST 1 1 Jenner, Suite 160, Irvine, CA 91741 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: January 24, 2022 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Philip L. Gonshak, Chief of Police SUBJECT: Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Area Security Initiative (UASI) SUMMARY OF REQUEST: The proposed City Council action will adopt Resolution 7249 authorizing the City Manager to execute an agreement on the City's behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub -granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. BACKGROUND AND ANALYSIS: The Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI). The City of Seal Beach is located in the Anaheim/Santa Ana Urban Area and is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub -grants from the State of California. The City must enter into agreement with the City of Anaheim, which is the UASI core agency for the Anaheim/Santa Ana Urban Area to facilitate the transfer of Homeland Security Grant funds. The program requires the City Council to adopt a resolution authorizing the City Manager to execute documents in order to obtain the grant funds. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Agenda Item K LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: The City of Seal Beach may receive UASI grant funds in the form of training, equipment or support. There is no designated funding allotment at this time. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: The proposed City Council action will adopt Resolution 7249 authorizing the City Manager to execute an agreement on the City's behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub -granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative. SUBMITTED BY: NOTED AND APPROVED: Philip Gonshak Philip L. Gonshak, Chief of Police Prepared by: Lt. Nick Nicholas ATTACHMENTS: A. Resolution 7249 B. Mutual Agreement Page 2 Jill R. Ingram Jill R. Ingram, City Manager RESOLUTION 7249 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUB -AWARD AGREEMENT BETWEEN THE CITIES OF SEAL BEACH AND ANAHEIM FOR THE FY 2020 URBAN AREAS SECURITY INITIATIVE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Federal Homeland Security Appropriations Act provides funding to address the needs of high risk urban areas through planning, equipment/services, training, and exercises through the Urban Area Security Initiative (UASI), and WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of funds, equipment, technology and services, through Homeland Security sub -grants from the State of California. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council approves the Agreement for transfer or purchase of equipment and services or for reimbursement of training costs for FY 2020 UASI Grant Program Purposes. Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement and any other documents necessary to receive and use the grant funds. Section 3. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members r_r�� r_� a t�.mrr�l � ►� ra�:ra� Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7249 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022. Gloria D. Harper, City Clerk AGREEMENT SUB -RECIPIENT: CITY SEAL BEACH City Contract Number TABLE OF CONTENTS Section Description §409. Indemnification §410. Conflict of Interest §411. Restriction on Disclosures §412. Statutes and Regulations Applicable to All Grant Contracts §413. Federal, State, and Local Taxes §414. Inventions, Patents and Copyrights §415. MBE/WBE V DEFAULTS. SUSPENSION. TERMINA §501. Defaults §502. Amendments V ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A CalOES FY2020 Grant Assurances I►,1►197.11I01019]O►I:11iM16 Page Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility Matters Exhibit C Certification Regarding Lobbying 11 12 13 13 17 17 19 20 20 21 21 PA WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management ("OGM") awarded a FY2020 UASI Grant of $5,056,750 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ("UASI Grant Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2020 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to CITY SEAL BEACH ("SUB -RECIPIENT") and others; WHEREAS, the CITY and SUB -RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: N C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party SUB -RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB -RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB -RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB -RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. Conditions Precedent to Execution of This Agreement SUB -RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 413C of this Agreement attached hereto as Exhibit A and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 413Al2 of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 413A4 of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB -RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB -RECIPIENT. ld 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. 5. Shall be used by SUB -RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i)use and 6 as listed in FY2020 Homeland Security Grant Program, as set forth above. H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2020 Homeland Security Grant Program, as set forth above. IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub -recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub -recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 10 §410. Conflict of Interest A. SUB -RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB -RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB -RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship 12 administrative requirements, policies and any other requirements governing this Agreement. SUB -RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB -RECIPIENT shall 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: Office of Management and Budget (OMB) Circulars SUB -RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards). 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB -RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2020 UASI Grant Program under the Single Audit Act, SUB -RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program"; Grant Identification Number 2020-0095; and identify the City of Anaheim as the Pass -Through. 3. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 4. Subcontracts and Procurement SUB -RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and 14 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. C. Statutes and Regulations Applicable To This Particular Grant SUB -RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB -RECIPIENT shall 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: 1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2020 Homeland Security Grant Program —Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448. Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). 16 on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, royalty- free license, to use, manufacture, do so for all government purposes, any Agreement. C. Copyright Policy and a non-exclusive, irrevocable, improve upon, and allow others to Invention developed under this 1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB -RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB -RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults Should SUB -RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB -RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB -RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB -RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 20 IN WITNESS WHEREOF, the City and CITY SEAL BEACH have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST: Theresa Bass Clerk of the Council APPROVED AS TO FORM: Kristin Pelletier Sr. Asst. City Attorney 22 CITY OF ANAHEIM, a municipal Corporation of the State of California By: Jorge Cisneros Chief of Police SUB -RECIPIENT CITY SEAL BEACH DUNS No. 06-0752607 By: - Printed Name Titl APPROVED AS TO FORM M Printed Name Title 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) 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. (b) 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. (c) 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. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state ✓v r Initials �" (k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (1) California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P. L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); 0) The Endangered Species Act of 1973, (P.L. 93-205); Initials 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant Initials K 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non -supplanting Requirement All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Initials IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at: https./Iwww.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: Signe Printe Title: Initials 4 K&tI W14*063MM61 M4321:A014C�1�►�L�]r•1 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this 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 prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed 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 department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal 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. 7. A participant in a covered transaction may rely upon a certification of a prospective participant 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. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Procrams. 8. 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 a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.