HomeMy WebLinkAboutAGMT - Sagecrest Planning + Environmental (Temporary Planning Staff Services) SEAL"'
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NOTICE OF COMPLETION
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OFFICE OF THE CITY CLERK
(Not for County Clerk Recording)
Notice is hereby given that the Agreement with Sagecrest Planning + Environmental for
services related to Planning Division staffing was completed at midnight, June 30, 2023.
I affix my signature below acknowledging that this Agreement can now be moved to
inactive status and no extensions are necessary at this time.
Date: June 19, 2023
41U41(
Alexa Smittle
Printed Name, Title Signature
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PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
for
Temporary Planning Staff Services
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
This Amendment No. 1, dated November 14, 2022, amends that certain agreement
(Agreement) made as of June 13, 2022 by and between the City of Seal Beach (City), a
California charter city, and Sagecrest Planning + Environmental (Consultant), a California
Corporation.
RECITALS
A. City and Consultant are parties to the Agreement, pursuant to which
Consultant provides professional services in Community Development for the
purposes of providing temporary Planning staff due to staff vacancies.
B. City and Consultant wish to amend the Agreement for Consultant to
continue providing such services on an as needed basis through the end of fiscal
year 2022-2023.
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 3.1 (Consultant's Compensation) of the Agreement is
hereby amended to read as follows:
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 $110,000.
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
this Amendment No. 1, dated November 14, 2022, 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.
Section 5. The person executing this Amendment No. 1 on behalf of
Consultant warrants that he or she is fully 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.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and year
first above written.
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CONSULTANT: Sagecrest Planning +
Environment
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pprovea to It 1.
By:
Craig A. Steele, City Attorney
Its:
PROFESSIONAL SERVICES AGREEMENT
for
Temporary Planning Staff Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
This Professional Service Agreement ("the Agreement") is made as of June 13, 2022 (the
"Effective Date"), by and between Sagecrest Planning + Environmental ("Consultant"), a
California corporation, and the City of Seal Beach ("City"), a California charter city,
(collectively, "the Parties").
RECITALS
A. City desires certain professional planning 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 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
planning professionals and are fully qualified to perform the services
contemplated by this Agreement by virtue of the experience, 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 and
all applicable professional standards of care. The acceptance of Consultant's work
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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 July 1, 2022 and
shall remain in full force and effect until June 30, 2023, 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 service quote 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 $75,000 (Seventy -Five Thousand Dollars) for the Term.
3.2. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in advance
and in writing. The City Manager may authorize extra work to fund unforeseen
conditions up to the amount approved at the time of award by the City Council.
Payment for additional work in excess of this amount requires prior City Council
authorization. Any additional work authorized by the City Manager 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
agents or representatives to inspect
business hours all records, invoices, tl
City, Consultant shall allow City or City's
Consultant's offices during reasonable
ne cards, cost control sheets and other
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records maintained by Consultant in connection with this Agreement. City's rights
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Amy Vasquez is the Consultant's primary representative for
purposes of this Agreement. Amy Vasquez 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: Sagecrest Planning + Environmental
27128 Paseo Espada, Ste 1524
San Juan Capistrano, CA 92675
Attn: Amy Vasquez
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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
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
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performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other
retirement or pension benefits, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance. Notwithstanding any
other agency, State, or federal policy, rule, regulation, statute or ordinance to the
contrary, Consultant and any of its officers, employees, agents, and subcontractors
providing any of the Services under this Agreement shall not become entitled to,
and hereby waive any claims to, any wages, salaries, compensation, benefit or
any incident of employment by City, including but not limited to, eligibility to enroll
in, or reinstate to membership in, the California Public Employees Retirement
System ("PERS") as an employee of City, and entitlement to any contribution to be
paid by City for employer contributions or employee contributions for PERS
benefits.
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.
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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
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.
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12.0 Ownership of Documents and Work Product
12.1. All Data & Documents shall be and remain the property of City
without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered "works made for hire," and all Data &
Documents and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be and
remain the property of City without restriction or limitation upon their use,
duplication or dissemination by City. 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.
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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.
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
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maintain the work sites free of hazards to persons and property resulting from its
operations. Consultant shall immediately report to the City any hazardous
condition noted by Contractor.
17.0 Insurance
17.1. General Requirements. Consultant shall not commence work under
this Agreement until it has provided evidence satisfactory to the City that
Consultant has secured all insurance required under this Section.
17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its
sole cost and expense, procure, maintain and keep in full force and effect for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of
this Agreement, as follows:
17.2.1. Commercial General Liability Insurance: Consultant shall
maintain limits no less than $2,000,000 per occurrence for bodily injury, personal
injury and property damage; and if Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit: Coverage shall be at least as broad as the
latest version of Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001). If Consultant is a limited liability company, the
commercial general liability coverage shall be amended so that Consultant and its
managers, affiliates, employees, agents and other persons necessary or incidental
to its operation are insureds;
17.2.2. Automobile Liability Insurance: Consultant shall maintain
limits no less than $1,000,000 per accident for bodily injury and property damage.
Coverage shall be at least as broad as Automobile Liability: Insurance Services
Office Business Auto Coverage form number CA 0001, code 1 (any auto)..
17.2.3. Workers' Compensation Insurance in the amount required by
law; and Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease;
17.2.4. Professional Liability (or Errors and Omissions) Liability. ,
within minimum limits of $1,000,000 per claim/aggregate. If a "claims made" 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.
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17.4. Additional Insured.
17.4.1. For general liability insurance, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City agents
acting as independent contractors in the role of City officials shall be covered as
additional insureds with respect to the services or operations performed by or on
behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work.
17.4.2. For automobile liability, City, its elected and appointed
officials, officers, employees, agents, designated volunteers and those City
agents serving as independent contractors in the role of City officials, shall be
covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any
excess/umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements
on forms supplied or approved by City to state: (1) coverage shall not be
suspended, voided, reduced or canceled except after 30 days prior written notice
by certified mail, return receipt requested, has been given to City; (2) any failure
to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to City, its elected and appointed
officials, officers, employees, agents, designated volunteers, and those City
agents serving as independent contractors in the role of City officials;
17.6. Primary and 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.
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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.
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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. Indemnities.
18.1.1. To the fullest extent permitted by law, Consultant shall, at its
sole cost and expense, protect, defend, hold harmless and indemnify City and its
elected and appointed officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as 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 accountants, attorneys and other professionals, and all costs associated
therewith, and the payment of all consequential damages (collectively "Liabilities"),
in law or equity, whether actual, alleged or threatened, which arise out of, pertain
to, or relate to the acts or omissions of Consultant, its officers, agents, servants,
employees, subcontractors, materialmen, suppliers, or contractors, or their
officers, agents, servants or employees (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of this Agreement, including
the Indemnitees' active or passive negligence, except for Liabilities arising from
the sole negligence or willful misconduct of the Indemnitees, as determined by final
arbitration or court decision or by the agreement of the Parties. Consultant shall
defend the Indemnitees in any action or actions filed in connection with any
Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and
expenses, including all attorneys' fees and experts' costs actually incurred in
connection with such defense. Consultant shall reimburse the Indemnitees for any
and all legal expenses and costs incurred by the Indemnitees in connection
therewith.
18.1.2. Consultant shall indemnify and hold harmless City in
accordance with Sections 9.0 and 10.0.
18.2. 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
13 of 19
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.
18.3. 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.
18.4. Insurance Requirements Not Limiting. City does not, and shall not,
waive any rights that it may possess against Consultant because of the acceptance
by City, or the deposit with City, of any insurance policy or certificate required
pursuant to this Agreement. The indemnities and obligations in this Section shall
apply regardless of whether or not any insurance policies are determined to be
applicable to the Claims or Liabilities asserted against City or any of the other
Indemnitees.
18.5. 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.
14 of 19
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
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
15 of 19
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
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
16 of 19
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
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
17 of 19
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 CESS WHEREOF, the Parties hereto, through their' r � Ve aaa��ri d
representatives have executed this re sat as of the d acid year first above
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EXHIBIT
May 24, 2022
Alexa Smittle, Community Development Director
Department of Community Development
211 Eighth Street
Seal Beach, CA 90740
Subject: SCOPE FOR ON-CALL PLANNING SERVICES
Ms. Smittle:
Thank you for the opportunity to submit a scope of work to the City of Seal Beach for on-call planning
services. The team at Sagecrest Planning+Environmental (Sagecrest) provides planning and
environmental review services to local jurisdictions throughout California. Our planners have expertise
in discretionary case processing, preparation and review of zoning codes, specific plans, general plans,
and other planning documents, code compliance, project management, and environmental analysis,
documentation, and review. Our planners have all worked in various positions as planning staff for local
jurisdictions, coordinating interdepartmental review of projects and providing peer review services to
applicants.
Sagecrest delivers the highest level of service with proactive solutions, ongoing communication, and
dependable coordination. We adapt our services to the City's needs and complement its in-house
resources as an extension of City staff. Our planners are trained on the latest planning, zoning and
environmental legislation and case law and are adept at using public counter permit tracking and GIS
systems.
Sagecrest is a local Southern California-based firm with corporate offices in San Juan Capistrano. Our
clients are located in Orange, San Diego, Riverside, San Bernardino and Los Angeles Counties, which
allows us to be accessible to our clients at a moment's notice. We are accustomed to being proactive
and anticipating the needs of our clients and recommending practical solutions to complex planning
issues. In addition, due to our efficient structure, we are competitive on price while adhering to
stringent budgets and schedules.
Sagecrest looks forward to your favorable review of our firm's scope of work. For additional information
or to further discuss our qualifications, please contact me directly at the phone number or email below.
Sincerely,
Amy Vazquez, President
Phone: (714) 914-5605
E-mail: avazquez@sagecrestplanning.com
27128 Paseo Espada • Suite 1524 • San Juan Capistrano, CA 92675
SOECREST
Firm Background and Relevant Experience
Sagecrest is an award winning, full service, professional planning firm providing on-call planning, land
use, and environmental consulting to public agencies throughout California. The American Planning
Association (APA) recently awarded Sagecrest the 2018 Emerging Planning & Design Firm by the Orange
Section and the 2019 Grassroots Initiative Award by the CA State Chapter and the Orange Section. With
considerable experience in Southern California, the Sagecrest team has strong working relationships
with key staff, applicants, and public officials. Our mission is to provide outstanding service at
competitive rates to the clients and communities we serve while adding value and making a positive
impression with each assignment. Because of our extensive experience and focus on providing planning
staff to public agencies, Sagecrest is uniquely qualified to deliver high-quality on-call services. We have
assembled an exceptional team of experienced planners. Our staff has professional planning experience
in the public sector, giving them a unique and thorough understanding of the processes and the
challenges faced by planning departments. We employ highly qualified and experienced professionals
whose skills, qualifications and previous responsibilities are a strong match to the needs of the City of
Seal Beach. We ensure this high level of quality by employing the following practices:
• City contract managers interview proposed staff before they are assigned.
• Our planners have experience working for public agencies prior to working with us, allowing
them to integrate seamlessly into department operations.
• We know that our reputation is our most valuable asset. With that in mind, we do not
overcommit our staff and only accept work that our staff has the qualifications to perform.
• Our staff maintains ongoing professional development and we provide extensive training in
project management, land use law, California Environmental Quality Act (CEQA), writing and
public presentation skills.
• We are based in Anaheim, maintain regular office hours, and are accessible as needed.
• We reliably meet departmental standards, including: deadlines, quality of work products,
courtesy and accessibility, accuracy of reports and information given to the public, and
responsiveness.
• We ensure we have a clear understanding of expectations and maintain consistent
communication with our clients.
• We are committed to providing services that are cost effective while maintaining high standards
of quality and productivity.
Sagecrest's management team has over 50 years of combined experience in a broad range of land use
planning and development activities, with a specific focus on CEQA/NEPA compliance. In addition to this
experience as environmental professionals, the Sagecrest team has extensive experience as municipal
agency staff, which gives us insight into the interdisciplinary coordination required to deliver the
environmental review for the Proposed Project that other private consulting firms may not have.
Sagecrest is uniquely positioned to integrate the project management of the environmental review
process with the Applicant, their architect, civil engineer, technical consultants, and City staff. One of
our unique strengths is the ability to understand the project delivery process from inception to
completion.
Page 12
SAGECREST
Work Plan and Approach
Sagecrest's unique approach to best perform on-call planning services, including representative tasks as
appropriate for the class title assigned,
is described below:
1. Review, analyze and process
Sagecrest provides entitlement processing services for
discretionary cases consistent
development applications and management of City -initiated
with City codes, policies and
projects that may require general plan amendments, specific
standards. Utilize City
plans, reclassifications, Conditional Use Permits, subdivision maps,
electronic and paper files to
variances, design review, annexations, and other discretionary and
research previous and/or
administrative actions. Sagecrest planners are skilled project
related cases.
managers who provide excellent customer service to the applicant
outside agencies to ensure the City's comments and concerns are
and the City. We guide the applicant through the entitlement
represented.
process, timelines, technical studies, interdepartmental
comments, revisions to the application, and the review and
approval process. Team members utilize the City's historical files,
Geographic Information Systems, permit tracking software, and
zoning code to respond to inquiries at the public counter and to
research entitlements.
2. Prepare environmental
Sagecrest planners are well versed in current environmental law
analysis, including, but not
and preparing CEQA documents for discretionary projects or City -
limited to, Initial Studies and
initiated plans and programs. The Sagecrest team includes
Negative Declarations, as
planners who can prepare streamlining checklists, Initial Studies,
required by the California
(Mitigated) Negative Declarations, EIRs, Mitigation Monitoring and
Environmental Quality Act
Reporting Programs, and all required CEQA notices. Sagecrest
(CEQA).
planners have also managed CEQA consultant teams. We have
comments. Prepare staff
reviewed and commented on numerous CEQA documents from
reports and presentations to
outside agencies to ensure the City's comments and concerns are
citizen committees and
represented.
3. Route plans to City
Sagecrest planners are experienced project managers. Entitlement
departments; consolidate
case processing generally entails routing plans to various City
comments; and present
departments; consolidating comments; resolving internal
recommendations and
inconsistencies; and presenting recommendations and revisions to
revisions to the applicant.
the applicant. Once the application is complete, our planners will
Work with other departments
write clear, concise, and accurate staff reports and manage the
to ensure consistency of
project through public outreach, reviews and approvals by staff,
comments. Prepare staff
Planning Commission, any other required approval body, and the
reports and presentations to
City Council.
citizen committees and
decision-making bodies.
Page 13
SAOECREST
si.e+�c • r ism,
4. Maintain communication with
applicants, interested parties,
property owners, homeowner
associations, etc. Respond to
inquiries about projects from
residents and applicants.
Sagecrest takes pride in our communication and customer service
with applicants, interested parties, property owners, homeowner
associations, various governmental agencies, and other City
departments. Our planners quickly learn the frequently asked
questions (i.e. business license, special events, building inspection
requests, etc.) and provide "one-stop shopping" at the public
counter.
S. Prepare notices for public Sagecrest understands the importance of preparing timely, clear,
meetings and hearings in concise and accurate public notices. We are experienced in
accordance with City and preparing publications for the newspaper, posting on and/or near
CEQA requirements. the project site and mailing notices to interested parties who may
be affected by a proposed action.
6. Attend community meetings Sagecrest planners have solid presentation skills and have
and public hearings, as
presented entitlement applications and reports to city councils,
required, and present reports
commissions, and community groups. We are often commended
to various Boards,
for the ability our staff has to take complex issues and present
Commissions, and the City
them in a way that is clear and concise. We are passionate about
Council.
working with stakeholders to communicate the direction of the
City early in the process so they understand what the goals are
and how to be a part of the ultimate solution.
7. Manage the project schedule We proactively manage our caseload to ensure that all projects
in accordance with the City's stay on schedule and in accordance with the City's adopted
adopted timelines. timelines. We coordinate with various City departments for
comments and build relationships with department
representatives to ensure good communication and coordination
is maintained throughout the life of each project. We understand
the importance to applicants of maintaining established timelines.
S. Open, maintain and close
Proper records management and organization is crucial. Our
electronic and paper files in
planners have all worked for public agencies and understand the
accordance with City
importance of working diligently to maintain the public record,
procedures.
proper publications, filing, indexing, and safekeeping of all
proceedings of the Planning Commission and City Council. We
work with the City Clerk to ensure the public record is kept
permanently and is set up for efficient retrieval.
9. Review grading and building
plans for consistency with
discretionary approvals and
environmental mitigation, if
applicable.
Plan checking is completed in accordance with conditions of
approval associated with each discretionary approval and
applicable codes, ordinances and standards adopted by the City.
Page 14
10. Provide staff at the public Our team members are skilled at reviewing a City's historical files,
information counter. zoning map, zoning code and other data and files to respond to
inquiries at the public counter. Our planners are well versed in
determining when a project is ready for plan submittal. We quickly
learn the frequently asked questions (i.e. business license, special
events, building inspection request, etc.) that are typical to
customers visiting City Hall to provide as much assistance as
possible and help provide "one-stop shopping" for questions and
needs. We take pride in our exceptional customer service skills.
Four (4) references for Planning Services are provided below. Additional references are available upon
request.
-Assignment
MMSEEMr
I Client Contact
e D e •
F
Jonathan Borrego, AICP
On -Call Planning
February 2019-
City of
Interim City Manger
Services
present
Oceanside
iborreeo ci.oceanside.ca.us
(760) 435-4373
Jennifer Le
On -Call Planning
September 2017-
City of Costa
714-754-5617
Services
present
Mesa
Jennifer. le@costamesaca.�ov
Wayne Morrell
On -Call Planning
City of Santa Fe
Director of Planning
Services
July 2017 -present
Springs
waynemorrell@santafesprings.org
(562) 868-0511
Jim Campbell
Deputy Community Development
On -Call Planning
August 2017-
City of Newport
Director
Services
September 2020
Beach
icampbell@newportbeachca.gov
(949) 644-3210
Page 15
$AOF-CRFST
h-W.r.* - ff,&.'
Classification/Title and Hourly Rates- 2022
Sagecrest will perform consulting services based on the following breakdown of classification of
hourly rates for key personnel:
� Position
Hourly rate
i
Planning Director $220.00 I
City Planner $200.00
Zoning Administrator $160.00
Principal Planner $160.00
Senior Planner v $140.00
Associate Planner $120.00
Assistant Planner $90.00
Planning Aide $80.00
Page 16
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.
/ 1 ®
A`CIOR o CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
6/3/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AssuredPartners of Washington, LLC
A/E Insurance Services
19689 7th Ave NE, Ste 183, PMB #369
Poulsbo WA 98370
NAmNEACT Robyn Catania CA LIC # OK48649
PHONE
o Ext : 360-626-9535 ac No): 360-626-9535
(A/.,No.
aooRess: robyn.catania@assuredpartners.com
INSURERS AFFORDING COVERAGE NAIC#
INSURERA: Beazley Insurance Company Inc 37540
INSURED SAGEPLA-01
Sagecrest Planning+Environmental
27128 Paseo Espada Suite 1524
San Juan Capistrano CA 92675
INSURER B: Travelers Property Casualty Company of America 25674
INSURER C
INSURER D :
INSURER E:
INSURER F:
f+C0T1G1f`ATC All IRA92C0. 1AA19FA49A Kt nsioN NUM&ER:
vTHIS ,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.
TYPEOFINSURANCE
ADDL
I
SUBR
POLICYNUMBER
POLICY EFF
MM/DD
POLICY EXP
MMIDD/YYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
Y
Y
6805,1742889
6/1/2022
6/1/2023
EACH OCCURRENCE S2,000,000
GETORENTt
PREM SES Ea occu ante S1,000,000
rB
CLAIMS -MADE � OCCUR
MED EXP (Any one person) s5,000
PERSONAL & ADV INJURY s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE S4,000.000
PRODUCTS - COMP/OP AGG S4,000,000
POLICY a jE O LOC
S
OTHER:
B
AUTOMOBILE LIABILITY
Y
Y
BABR626254
6/1/2022
6/1/2023
COMBINED SINGLE LIMIT 51,000,000
Ea accident
BODILY INJURY (Per person) S
X ANY AUTO
BODILY INJURY (Per accident) S
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE S
Per accident
5
UMBRELLALIAS
OCCUR
EACHOCCURRENCE S
AGGREGATE $
EXCESS LIAB HCLAIMS-MADE
DED RETENTION $
S
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
Y
UB5J743745
6/1/2022
6/1/2023
_
X STA UTE ERH
E.L. EACH ACCIDENT S 1,000,000
E.L. DISEASE - EA EMPLOYEE S 1,000,000
OFFICER/MEMBEREXCLUDED? ❑
(Mandatory in NH)
NIA
E.L. DISEASE -POLICY LIMIT 51,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Professional Liab;ClalmsMade
VlEEB6220501
6/1/2022
6/1/2023
Per Claim 2,000,000
Aggregate 4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are Additional Insureds per the attached.
v,cm 1Iri A1C riuLNGR..-----------
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
AUTHORIZED REPRESENTATIVE
211 Eighth Street
Seal Beach CA 90740
V 1700-Gl"+..1. ... .........__
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD