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HomeMy WebLinkAboutAgenda Packet_08142023'F SEA('�•1 AGENDA '4 1� '1 `1 MEETING OF THE CITY COUNCIL Monday, August 14, 2023 - 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California THOMAS MOORE MAYOR Second District SCHELLY SUSTARSIC MAYOR PRO TEM Fourth District LISA LANDAU COUNCIL MEMBER Third District JOE KALMICK COUNCIL MEMBER First District NATHAN STEELE 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.sealbeachca.gov). Check the SBTV3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City's website (starting 2012). In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE 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 • Introduction of New Full -Time Employees • 811 Announcement — August Safety Message Presentation by Orange County Fire Authority Division 1 Chief Craig Covey ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Supplemental Communications from Mayor Pro Tem Sustarsic Written Public Comments received from Camilla Overbeek CITYATTORNEY REPORT Nicholas Ghirelli, City Attorney CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A. City Council Appointments to the Citizen -Council Parking Advisory Ad Hoc Committee - It is recommended that the City Council ratify the resident appointments to the Citizen -Council Parking Advisory (CCPA) Ad Hoc Committee: 1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce. B. Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference - That the City Council approve the designation of Mayor Thomas Moore and Mayor Pro Tem Schelly Sustarsic as Seal Beach's voting delegates for the 2023 League of California Cities Annual Conference. 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. C. Approval of the July 24, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023. D. Demands on City Treasury (Fiscal Year 2024) August 14, 2023 - Ratification. E. Monthly Investment Report (July 31, 2023) - Receive and file. F. Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation for On -Call Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7433: Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not -to -exceed amount of $330,000 to provide On -Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not -to -exceed amount of $250,000 per additional one-year term. G. Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) - That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. H. Law Enforcement ISO ClaimSearch Access Memorandum of Understanding - That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding. I. Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape Services, Inc. for City -Wide Landscape Maintenance Services; and Approving and Authorizing Amendment No. 2 to the Public Works Agreement with So Cal Land Maintenance, Inc. for Landscape Maintenance- That the City Council adopt Resolution 7436: Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not -to -exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three-year term; and, Authorizing and directing the City Manager to execute the Agreement; and, Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $848,020.57 per additional term; and, Rejecting all other proposals; and,Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not -to -exceed amount of $60,000 for those additional services; and,Authorizing the City Manager to execute Amendment No. 2. J. Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7437: Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,035,500, including the Total Base Bid of $1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, Authorizing the City Manager to approve additional work requests up to $150,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not -to -exceed amount of $250,000. K. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services- That the City Council adopt Resolution 7438: 1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not -to -exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING L. Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements - That the City Council: 1.Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. UNFINISHED / CONTINUED BUSINESS — None NEW BUSINESS — None ADJOURNMENT Adjourn the City Council in memory of Cal Fire Assistant Chief Josh Bischof, Hemet Ryan Air Attack Base Fire Captain Tim Rodriguez and Exclusive Use helicopter pilot Tony Sousa who died on Sunday, August 6, 2023 after two Cal Fire helicopters collided in midair; and, Garden Grove Police Corporal Han Cho, who died in an off-duty traffic collision on Monday, August 7, 2023, to Monday, September 11, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary. Please note that the August 28, 2023, City Council Meeting is canceled. N 0 c E LLQ U U) co co ca U) U) Q co N 0 O CY) N N cz � U ca Q n lim i V 0 � � V co E J o v L O co lim lim -To �- L V O t/1 c v L • '> N _ E p L O Cl) lim -To �- C C2 cts 14 L cc E � cc 5 2 « cm CL f 2 ƒ $ CL a e \ \ ƒ ƒ r E $ 00 a 2� 2 � ® E - ƒ \ k / S2 @ C� / C b o Elf � - .. ., a AW MARK OUT your proposed project area in white paint or provide other suitable markings. CONTACT Underground Service Alert at california811.org or call 811 to submit a location request at least two O business days before digging. WAIT TO DIG until we either mark our natural gas pipelines or you are advised that the area is clear. D%: EX 10 Learn more at socalgas.com/811 Li- R LT L r,�+�1 • 1 ❑� Xre{:'• • Fig—a�Tl'ti SoCaIUST. ©2022 Southern California Gas Company. Trademarks are property of their respective owners. All copyright and trademark rights reserved. N22G149A MARQUE el area de excavacion propuesta. Use pintura blanca o ponga otras marcas adecuadas. CONTACTE al servicio de localizacion Underground Service Alert en linea visitando la pagina california811.org o Ilame al p 811 para presentar una solicitud de localizacion, Por to menos dos dias habiles antes de excavar. ESPERE A EXCAVAR hasty que marquemos nuestras tuberias de gas natural o se le notifique que el area esta despejada. r � Para mis informaci6n, SoCaIUST. 0 aro 0 02022 Southern California Gas Company. Las marcas registradas son propiedad de sus respectivos duenos. Todos los derechos reservados. N22G149A Questions for August 14, 2023 City Council Meeting Sustarsic Warrants: EFT # 2663 07/21/23 Hadronex Inc $18,503.78 Smartcover System Annual Renewal — Sew What is this for? SmartCover System is a sewer manhole monitoring system used to measure wastewater flow. It provides real-time monitoring and alerts staff if flows exceed certain setpoints, thereby, reducing overflow potential. This is an annual subscription payment. EFT # 2664 07/21/23 AMCS Group Inc $ 1,827.15 Dossier DoD 7/1/23-9/30/23 What is this for? Dossier is the City's fleet management software. This is an annual subscription payment. EFT # 2698 07/21/23 Seal Beach Pickleball Association $ 3,923.00 Three events? What are these funds for? These were payments for the Seal Beach Pickleball Association for 1 event and 2 leagues that recently took place at Seal Beach Tennis and Pickleball Center (bink N Spring, Summer Smash, Dink N Smash night league). Per the City's MOU with the non-profit partner, Seal Beach Pickleball Association (SBPA), the non-profit receives 90% of revenue generated from events that they organize and produce. #27367 07/20/23 Richard C. Slade & Associates LLC $ 5,977.22 Geologist services What is this for? Payment is for Richard C. Slade & Associations to provide hydrogeological services to rehabilitate Beverly Manor water well. Articles of Incorporation EW,V Detars Limited Jabilitp oamo" time Entity No. Fum,w*J hi i 111111111111 INI !1111 IIIII IIIII IIIII IIIII IIIII IIIII 111111111111111111 IIII BA20221044055 Fc.-- Ofnc* Use 0-tv -FILED- Fa No: BA2022"C' 44J55 Date F• sv: 101127-'2'022 BEACH MUSE AT THE RIVER; LLC 201731010337 CALI FORMA bt=_et AMress s-" F-ncip33 rit+re rr _ C. STATE OF CALIFORNIA Prir,ipal Afte-ss Office of the Secretary of State STATEMENT OF INFORMATION F F LIMITED LIABILITY COMPANY - a:,.. Calibmia SP_cFewV of Ste,e 15UO 1 _rt< SBeEt Attention Sar=amer+.ln. C:a iforwa 958_,1 St^M a[1rc s.s .'t:atinrnrl pf in W ilC (411; G53-:? G EW,V Detars Limited Jabilitp oamo" time Entity No. Fum,w*J hi i 111111111111 INI !1111 IIIII IIIII IIIII IIIII IIIII IIIII 111111111111111111 IIII BA20221044055 Fc.-- Ofnc* Use 0-tv -FILED- Fa No: BA2022"C' 44J55 Date F• sv: 101127-'2'022 BEACH MUSE AT THE RIVER; LLC 201731010337 CALI FORMA bt=_et AMress s-" F-ncip33 rit+re rr _ C. Prir,ipal Afte-ss 15 IST STREET SEAL BEACH, CA 90740 Vnifna Adar¢s9 ni I I is flailing AdltTess 15 1ST STREET SEAL BEACH, CA 90 49 Attention St^M a[1rc s.s .'t:atinrnrl pf in W ilC .54W. - Art f -ns d Catifrxnia ()ftice 15 jST STRF.FT • SEAL BEACH, SA 90140 1.''Ir1iYy'lell'.1 Ur t\�Ci'1}31Y�tif —_ — _ _ ._ ___ _ _ _____ _ ___. _ _ ?/:m:xrul ul %trlbn Nwri a Mnr,49w u' hielr Let A'- rea:: Brian Kyle 019 C•lewic Avenue Seal BLIaCh, CA. 907-10 Ro5adr) Ritchie 616 E_leCtrIC nverrae Sia Beach, CA 90740 Agent Name ROSARIO RITCHIE Agent Address 151ST STREET SEAL BEACH, CA 90740 Typ• L* eusnes s Type of Business RESTAURAI,T Erndi Nufiril:dfw� Opt -in Email Witicattions No. I do NOT r&w to receive enifty tltxifitations via Ln -Iasi_ I prefer notificatlons by USPS mail, ChefCxernwe orcer (CEO% C: ECT Andress - - %rw. Empted aW, duua=l'el it No Manager or Member of this Limited Liability Company has an outstanding final judgment issued by the DEuision of Labor Standards Enforcement or a court of Iave, for v4iich no appeal therefrom is pending. for the violation of any :nage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Christian J. Ziegler 10127/2022 Signature pate Page 2of2 The Beach House Lawsuit Participants SUPERIOR COURTOFCALIFORINIA COUNTY OF ORANGE CIVIL CASE ACCESS The Civil Case informabon Website contains case summary and register of action information for cases dating back to 1996 for untimited/complex civic actions and dating back to 2005 for limited cNil actions. Most documents filed on or after January 1, 2008 may be downloaded and viewed(fees apply). Additionally, documents purchased online can now be electronically certified (additional fees apply). For cases and documents filed prior to these dates; contact the court where the case was filed. Click here for more information regarding vietifingipurchasing documents as well as a notice of sanctions for including sociai security numbers and financial account information on documents filed with the court_ To access uniawful detainer r eviction cases. you must provide: the complete name of one plaintiff, the complete name of cne deferr°ant. and the exact address of the subject premises as provided on the complaint. How to order documents online (video tutorial) Q ► CASE S1,12,L PY ►-IREGISTEROFACTIONS fPARTICIPANTS Hili$ Case Name FyPe Assoc Start Uate End Date BEACH HOUSE AT THE RIVER, LLC CROSS - DEFENDANT 07,113/2023 BEACH HOUSE AT THE RIVER, LLC PL4,IN'nFF 013127/2023 3 CITY OF SEAL BEACH DEFENDANT 031127/2023 CITY OF SEAL BEACH CROSS - COMPLAINANT 07113/2023 MADDEN, ]ONES, COLE & JOHNSON RICHA.RDS, WATSON & GERSHON ATTORNEY ATTORNEY 03127/2023 06106/2023 View eService Address List I ► L-A" HEAR GS ► tic C nRT _ . - — — - - --� - `i Lisa Landau Form 700 112200456-NFH-0456 _ STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received CALIFORNIA • 700 Filing Official Use Only FAIR POLITICAL PRACTICES COMMISSION COVER PAGE E -Filed A Public Document D1 11::10:5510:553 Filing ID: Please type or print in ink. 207428703 NAME OF FILER (LAST) (FIRST) (MIDDLE) Landau, Lisa 1. Office, Agency, or Court Agency Name (Do not use acronyms) City of Seal Beach Division, Board, Department, District, if applicable City Council Your Position City Council Member ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position: 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Judge, Retired Judge, Pro Tem Judge, or Court Commissioner (Statewide Jurisdiction) ❑ Multi -County ❑ County of 0 City of Seal Beach 3. Type of Statement (Check at least one box) ❑ Annual:The period covered is January 1, 2022 through December 31, 2022. -or- The period covered is through December 31, 2022. ❑x Assuming Office: Date assumed 42 1 27 /2023 ❑ Candidate: Date of Election ❑ Other ❑ Leaving Office: Date Left —1_I (Check one circle) O The period covered is January 1, 2022 through the date of leaving office. O The period covered is of leaving office. and office sought, if different than Part 1: through the date 4. Schedule Summary (required) ► Total number of pages including this cover page: 2 - f Schedules attached E ❑ Schedule A-1 - Investments – schedule attached 0 Schedule C - Income, Loans, & Business Positions – schedule attached ❑ Schedule A-2 - Investments – schedule attached ❑ Schedule D - Income – Gifts – schedule attached ❑ Schedule B - Real Property – schedule attached ❑ Schedule E - Income – Gifts – Travei Payments – schedule attached .or - El None - No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET (Business or Agency Address Recommended - Public document) CITY STATE ZIP CODE Seal Beach CA 90740 E-MAIL ADDRESS I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date Signed 03/29/2023 Signature Lisa Landau (mordh, day, year) (File the originally signed paparstatement with your filing official) FPPC Form 700 - Cover Page (202212023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Deed of Trust LL Bob Griffith 8114/23, 6:16 PM RECORDING REQUESTED BY: Fidelity National Ilue Company Esc,mw Na.: 017174 004-01 1-28G Title No.; D037E004 WHEN RECORDED MAIL. DOCUMENT AND TAX STATEMENT TO - Bobbie Allen Griffith and [Item Ann Griffith 1226 Calabria Ave Seat Beach, CA 90740 APN. 133-163-14 Screenshot 2023-08-14 6.16.20 PM.png Recorded in Official Rectw tS, Orange Canty Minn NrMn. (Jerk -Recorder N! IINII I� I'111I N!N 25.00 U z4 3. 2023000091243 221 pm MOW 90 CRSC06 D11 AM 4 0.00 0.00 0,00 4.00 9,00 0,00 0,000.00.00 6.00 S h F .460Va 7-S LINE 50H FEC-UHULtr ' USE. - .. unda��y!lcil xrsalrc eaorrern� .a'Ler+l:c loiorr•q: wUr.pl ±!gym is E.rG 2T32®1;ay �l: rccrce.fhrn-rexun we,a 'r:.-„ra� :d far: prcpod}• �� is a !r. do�ol GVrcrSn7 3a an a�nf-r1eGaLUi DEED OF TRUST WrrH ASSIGNMENT OF RENTS (This Decd of Trust aanta.r* n SUE Cao-sALt' rum'.. This DEED OF TRUST, mada April 14, =J. between Christopher Elder and Lisa Landau, husband and wife ss joint tenants, houwn cafvd-RLSTOR, %*Bose address Is 1771 Gnetltview Avotsues. Ssa> t?t^•at:r, CA 907401771 CreSIVlaw Avenue (Numt:erand St vet) (Ci'y) (Stare? (7(4) Fidelity National Tice Company, a C 'ar ila Corporation, hemin c;€"ed TRUSTEE, and Sobbte Allsn G i-'f€rn Eileen Anr- r;-.!f,t^: lias)and and 4Vfr ars jaint lehLIm herein carred BENE=ICILRY, Tt€x-Mdi iffevocabry qm. nts, tran0am and iassps °g) Trustee in Tr,,st w1h Power of Salo, :^at rroperly in the City e, Seal Beach, County of Ckangpe. Ca€ifsmia, desvibsd a:a, SEE EXHIBIT A ATTACHED HERETO AND /MADE A PART HEREOF. PrvpaV Mos! Ctem"My Known Ase 1YY1 Crestview Ave Seal Beath, CA 90740 DUE Cm SALE: if the'rustorshol sell, envoy or alienate ta:d D�openy. or any past trwroof. or any interest Oarreln, or shaV. be divested of his title of any inttares: t? errin it) any rrlartner of way, whethar voluritarily cw inoloftiily, w±h5rt We wriaea consent ct the tenefluary b" first had and obtainrrd, beneficarf shall have the ri7M, at is ;€ypw—ts to declsre any InoWedness orobNa•iuns ser xad hor=sy, .rf95]e&-Ne of the malu" date 5880`r°^ in any note evide^ung the sauna, Imgiedtately dve and payat9e , Toytehe, rod' the reals, issues and VorG3 Vioreol, 'o !Ik nigral, povvef and aa:tM i'.y terrinwttur jiver, to artcl curl?e€rwJ - on Beneficiary to co4sct and app+y si&j rcr".x, issur_ and Profits. For the Purpose of Securing ,11 PSyrient of ttte indamearta&% usrrdonrc by ane prc.hseory note of even d3;e *trrp rti erreLuted by Tr,raor .n revor d Be^.e'chary or anter in the plirrdpal eum a, St 600 ;Z4 (2) Pe:'�.,rrrana; c' east. a7.eernent of Trustor cartamed rem.n at i7norpornted by rek--t mv, (3)=arma'r: of Btlw:tg)nal gauss may hereefte. be bwowed from genefiaary by lha C}4-1 reined avrar of said property, whet Eiyidcra; by xn,ztixmr perr'z�ory ^tile tat Notes' resiting :T is Bo secured of Trust, D"4 a17 -W i4ft A -,i Wir eat >O lists aFGJTDUG 11781 iiw. A'W'id) chrome:Nmedia-app 1/1 8/14/23,,6:17 PM Screenshot 2023-08-14 6.17.37 PM.png 70 Protect the security of thrs Used of Tnm % Trustor agmes: Ry the exer,;!crl and delivery of tk-S Used of Trust and the note secure'a hereCy, that pmviworls (^) z ;5). !ndusive- cif Sad!on A elld pruvhs cnY (1) to tfdl, Indualve, of SOMM 9 of She !1011ovs does of m sl recor!dsa in Sha bei* and at the page of DT -CW Records in the office of the f;aatty recorder c1S me roL-ry where said property is located. -oted be"v opOcs:s tag na,7w of such taxinty, vis-. 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The undersigned Trustor, rewasls that a ropy of any r oG.e of default and any nghc; of ssfe hereunder be maifed to him at CMS nory nbofrrn cwt forth, cMi,tophe •der =stet a1 l nal q+lh Aa>!i;1+'+fnt 9f 3:A•iA 57 J:3TL s t.:61 p4m 4mu) Laic Sated: 40r✓2M Y:2T vfA ty KT Eneniwr 33' UU3r40441'.-4S.' chromeWmedia-app 1/1 8114/23, b:18 PM Screenshot 2023-08-14 6.18.01 PM.png r A no" public or Whey ollkw. compcetog this oomfcate vonRes enty No i ently of the ;ndivldunl who elgroed the rtownmt to whch this OWicato is ntlachod, a d not the IruthfuMeaa. ata actr. orvaGctyof :hat dommuoL J Siste of c3c'ona. cowty 01 TOM *5 Or me, a NoUvy aubtc persaneny appeard _ Barr OM lx -_lit sir i who pvvsd to me on the t�asa of saliafactory ev:'. once to be the persons) wrrssa nwno(s)'s+are suDs:lit*d to she. within Irdtrunient and WknoModged to me lhol hurelxa9hey exec.tea the sum in hW w ,'Iboir auftdzed CtlW-`ty(ies), sne [hst ty hi hevhholr stg*aturo(s) on the inst.-jwenl t^e pc-rsorft). or tee on* upon whatl of which trc .-4r%cn(z) .wild. uee ged Lht' altumer:, t cenHy urger PENALTY O€ PERJURY under the laws of the State of CaVorma that the b%going poragrraph is true aN correct. WITNESS my hand and nfn�w sebi. F ut &&-SUM m. CAecd QC Tr&k w,r hm%nrrwv cl Pvr.;s Last aarrd: A-IWZM "t VIM by KT SFUMVIOS r= Rev. 4MOI f 0; Esq M No.: Wj rCSlp4411-234 chrome://media-app L1 8/14/23, C:18 PM Screenshot 2023-08-14 6.18.34 PM.png EXHIBIT A LEGAL DESCRIPTION THE : AN-) RF,ERRFD TO 4EREIN BELOW IS S! 1 UA -ED SEAL BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORN A, AN -.):q Di:SCR H -.-n AS FOLLOWS LOT 321 OF TRACT 25W. IN ?HE CETY OF SEAL ECAC". COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED LAI Roo?, PAGES 33 TO 30 INCLUSIVE OF MACELLANEOUS MAPS. IN TME OFFICE OF THE COUNTY RFCORCrR OF SA0 ORANGE COUNTY. �+nvd at T•.n. » :-.l.��rrt c�: of ftanls SFOOMLS IDSA RW,. a-. ie) E *O &Vohd V1 WZ323 727 PM by KT ; *U" MI: D0374G04.01`2&G chrome:!/media-app lii SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: City Council Appointments to the Citizen -Council Parking Advisory Ad Hoc Committee SUMMARY OF REQUEST: It is recommended that the City Council ratify the resident appointments to the Citizen -Council Parking Advisory (CCPA) Ad Hoc Committee: 1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce. BACKGROUND AND ANALYSIS: At the request of Mayor Moore, staff was directed to agendize a Council item for the June 12, 2023, City Council Meeting to consider the establishment of an ad hoc committee to analyze potential changes to the City's parking program, including whether or not to establish paid parking on Main Street. The item was continued to the June 26, 2023, City Council meeting, where the Council directed staff to move forward with the establishment of a Citizen -Council Parking Advisory Ad Hoc Committee. The City Council further directed staff to return with a resolution at its July 24, 2023, meeting to memorialize the creation of the Citizen - Council Parking Advisory Ad Hoc Committee, which it approved. The CCPA Ad Hoc Committee will be comprised of five (5) Seal Beach residents selected by each Council Member, Mayor Moore, and Council Member Kalmick, one Main Street business owner appointed by the Seal Beach Chamber of Commerce, and the City Manager or her designees. The residents appointed by Agenda Item A each Council Member were not required to be from their respective Council District. Each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) Committee Members may not be City of Seal Beach elected officials or City employees; other than those designated by the City Council and the City Manager. The Clerk's office received applications through the close of business, on Friday, August 4, 2023. A total of 12 applications were received for consideration. The City Council independently reviewed the applications, and each Council Member has appointed one of the five (5) Committee Members to the CCPA Ad Hoc Committee. 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. RECOMMENDATION: It is recommended that the City Council ratify the resident appointments to the Citizen -Council Parking Advisory (CCPR) Ad Hoc Committee: 1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele. 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce. Page 2 SUBMITTED BY: Gforia D. Yfarper Gloria D. Harper, City Clerk ATTACHMENTS: NOTED AND APPROVED: Tiff X. Ingram Jill R. Ingram, City Manager A. Boards — Commissions - Committees Applications - Redacted Page 3 RECEIVED CITY OF SEAL BEACH JUL 17'2023 Cjy" CLERK Boards — Commissions — Committees CITY OF SEAQ. BEACH Application Name: Andrew HC Chiu Address: eal Beach CA 90740 Phone Number: Cell Phone: Email Address: Who is your Council Representative? Please check the areas of interest: Community & Recreation Building & Planning Beach & Water Quality Joe Kalmick Environmental Public Safety Infrastructure X Other: Please briefly describe: _ Parking Advisory Commuttee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: As an Old Town resident and frequent patron of Main Street businesses for 20 years I have deep understanding of how parking impacts of small businesses as well as the livelihoo of OI own in general. My architectural career(USC Architecture School 1990) exposed me to variety of challenging scenarios and solutions related to parking over the years. My recent restaurant business experience in Los Angeles further exposed me to the importance of a city's proactive involvement in creatina a clear parking policy that benefits all parties involved Applications will be kept on file in the Office of the City Clerk for a period of 2 years, (Office se On } -7� Date Received: 17 Received By; District No. RECU'VED CITY OF SEAL BEACHJUL 2 5 203 Boards — Commissions — Committees CITU CLERK Application CITY OF SEAQ- BEACH L � Name: V"1h llQ Q -f Address: Phone Nt Email Address: Who is your Council Representative? Please check the areas of interest: Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality Infrastructure r Other: Please briefly describe: � i ' Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: -�4-- S 0, r\ CS�� S2 C C;'t �� Atli r avv- n OiA' r�vuh Vre I�- ����`..7hillwYl►\A��'CT�11111 T 1� �• • M.P. Milk �I WiAi cam► .t�qSignature �� 1Y� -SOve�S ��S Applications will be kept on file in the Office of the City Clerk for a period of 2 years. {Officose Only} Date Received: 7 �J53 Received By. District N 0 CITY OF SEAL BEACI­fECF1VED Boards — Commissions — Committees JUL 11 2023 Name: Kenneth Husting Application CITY CLERK ALBEACH Address: Phone Number: Email Address: Seal Beach, CA 90740 Cell Phone: Who is your Council Representative? Lisa Landau Please check the areas of interest: Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality X Infrastructure X Other: Please briefly describe: Citizen -Council Parking Advisory Committee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: Principal Transportation Engineer/parking Administrator for the City of Los Angeles Dept. of Transportation with over 26 years of experience in local government. Responsible for five parking divisions charged with managing and maintaining citywide parking operations and assets including 110 parking facilities, and 36,000 on -and off-street metered spaces. Responsible for developing and implementing citywide parking management policies, programs, and strategies. I hold a BS and Professional Engineering License in Civil Engineering and Masters in Public Administration. Signature: Applications will be kept on file in the Office of the (Officehlse OPly} Date Received: v/W'3 Received By: Clerk for a period of 2 years. District No. 3 CITY OF SEAL BEAC ; Boards — Commissions — Committees Application JUL 18 2023 Name: �Zk►r' CST CLERK Address: 7,77\17 11TEAC Phone Number: Email Address: Who is your Council Representative? Please check the areas of interest: Community & Recreation Building & Planning Beach & Water Quality Other: Please briefly describe:: e' hone: Environmental Public Safety Infrastructure Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: i Applications will be kept on file in the Office of the City Clerk for a period of 2 years. {Office U Only r, )ate Received: Received By: District No. � 'OK - CITY OF SEAL BEAC Boards — Commissions — Committees Application Name: -Matthew Terry Address: Seal Beach, CA 90740 Phone Number: Cell Phone: Email Address: Who is your Council Representative? District 1: Joe Kalmick Please check the areas of interest: RECEIVED JUN 2 9 2023 Crry CLEW CITY OF SEAL BEACH Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality Infrastructure X Other: Please briefly describe: Citizen -Council P@rkinq Advisory Ad -Hoc Committee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: iii!It `I `l r 1 1 1 r • • 1 • 1r 1• `.�` •11` i or • r • • •� • 1` ffl•JI 1 1 1 ` 1` I M-14MIMMOns1 11 11! •I• A• � .• rI• ••11 II. 1 ` r 11• 1r • I■ • •••• `I • 1` 1! !� • `� • � `•1 • • � • •r a 1/ • Ili 1 rlf • -1• ! r `� Signature: Applications will be kept on file in the Office of the City Clerk for a period of 2 years. (Office Use Only} Date Received: Received By: District No. CITY OF SEAL BEA J U L 18 2023 Boards — Commissions — Committees Application CI'�V CLERK Name: Tim Rathmann pp CITY OF SEAL BEACH Address: Phone Number: Cell Phone: same Email Address: Who is your Council Representative? Joe Kalmick - District 1 Please check the areas of interest: X Community & Recreation X Environmental x Building & Planning x Public Safety X Beach & Water Quality x Infrastructure X Other: Please briefly describe: Parking Advisory AD -Hoc Committee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: Professional Geologist/Environmental Engineer who has lived (rented and owned) in Seal Beach on/off since 2013. 1 currently live in Old Town and want to help the City with solutions to parking which can be a big issue, especially on the weekends. I also want to be involved in other ways. I have an office at the Col -abs on Main street and work for a global engineering consulting company. I help solve environmental issues relating to coastal environments. I have previously worked for the State of California Department of Conservation. Signature: Applications will be kept on file in the Office of the City Clerk for a period of 2 years. f Off.c se On y} Date Received: Received B District No. `-"' RECip me D CITY OF SEAL BEACH JUL 272023 Boards — Commissions — Committees Application Name: t - Address: Phone Number: ell Phone: Email Address: Who is your Council Representative? Please check the areas of interest: CITU CLERK CITY OF SEAL BEACH Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality Infrastructure Other: Please briefly describe: 1u c,,�� �y IrD e- C -r-) Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: Ger �t `cam P5�.� s V-1 lr_s � r ]-. � Y -e- �S C Applications will be kept on file in the Office of the City Clerk for a period of 2 years. {Office Use Only4 Date Received: Received By: District No. N �, ( c 0 2 2023 CITY OF SEAL BEACHIT,��J�IRU c 1f n' t( ' ,' � �� .. 0.0, S �.�m".BEACH Name: 1 Address: 10 Phone Numbe Email Address: Boards — Commissions — Committees Application Who is your Council Representative? -TO e. k4 t C -1r Please check the areas of interest: Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality Infrastructure X Other: Please briefly describe: 'Pot 1RK1 f J C- i e a > ioy 4,�o c/ l d rA(& o b$- b y �sT �� (dt.1--p >Lo le-t'j f e. > i✓ Ga�ir�y,U% e -k L 4 54fi;-71V Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: J-1deiflu rs onof Lia✓e Sym 04 / '0- C o //�e , -4 okc&e N d v WL tam © / i al-� 36tlf-i i 41 - '5�k 6- e. -V o 24e- C'— t a e s F5/' /o 9 Y:::r ed -'s-- kvT-tt4 %J/<(!�Si gtaot9e: Applications will be kept on file in the Office of the City Clerk for 0 -period of 2 years. {Office Use Only} r Date Received: '�� Received By District No. yc,ho / vc, �. ��`h �- lav scAioo I C4 h C/L Sym 04 / '0- C o //�e , -4 okc&e N d v WL tam © / i al-� 36tlf-i i 41 - '5�k 6- e. -V o 24e- C'— t a e s F5/' /o 9 Y:::r ed -'s-- kvT-tt4 %J/<(!�Si gtaot9e: Applications will be kept on file in the Office of the City Clerk for 0 -period of 2 years. {Office Use Only} r Date Received: '�� Received By District No. CITY OF SEAL BEACI+IVED Name: I) V 1, Address: IN Phone Numb Email Address: Boards — Commissions — Committees AUG 0 4 2023 CITY CLERK CffY OF SEAL BEACH Who is your Council Representative? Add Please check the areas of interest: Community & Recreation Building & Planning Beach & Water Quality Other: Please briefly describe: Environmental Public safety Infrastructure I dc Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: re -e- m m i IT e. c--,- Signature: Applications will be kept on file Office of the City Clerkfor a period of 2 years. (Offi4U_nly Date Received: Received ByDistrict No. ,AUG 0 4 2023 CITY OF SEAL 13EAqJTf0RTVCLEA RK i NAL BEACH Boards -- Commissions — Committees Application Name: SILL n1-'9(g1'JN F-2— ., Address: 6F Phone Number: Cell Phone: Email Address: Who is your Council Representative? 5G 1=�L V Please check the areas of interest: Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality infrastructure Other: Please briefly describe: OL -9 T 17 W N Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: Educationally I have a BS degree in Industrial Technology from CSULB. I have been a home owner in Seal Beach since 1970. Most recently as a director with the Boat Owners Association I have been involved with parking planning with the city of Long Beach. The City is planning 3 major new developments which will impact boat owner parking. And maybe most importantly I love Seal Beach. Signature: Applications will be kept on file in the Dice of the City Clerk for a period of 1 years. '/ {Office Us Only} Date Received: Y Received By: District No.� _ W CITY OF SEAL BEAC G 4 2023 Boards — Commissions — Committees 0P" CLERK Application CITY OF SEAL BEACH Name: Sarah Alvy Morrad Address: Seal Beach CA 90740 Phone Number: Cell Phone Email Address Who is your Council Representative? Lisa Landau Please check the areas of interest: Community & Recreation Environmental Building & Planning Public Safety Beach & Water Quality Infrastructure X Other: Please briefly describe: Citizen -Council Parking Advisory Ad -Hoc Committee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: I grew up in Seal Beach. As a child I frequented the Mary Wilson Library, was a part of the local Girl Scout chapter, participated in Jr. Guards every summer, and I attended McGaugh and graduated from Los Al. This city played a formative role in my upbringing --thus, I am firmly committed to improving the City of Seal Beach. I am familiar with each of the city's neighborhoods, traffic patterns, and existing parking in rastructure and can prove e valual5le insigFits and practical solutions ThTt align with the city's unique needs. I also have strong analytical skills and work well as part of a team. See attached resume. Thar. Signature: Applications will be kept on file in the Office of the City Clerk for a period of 2 years. {Office UXq0nIyj Date Received: Received Bv: District No. SARAH ALVY MORRAD Seal Beach, CA 90740 • California Bar # 310536; Pennsylvania Bar # 327946 EDUCATION California Western School of Law, San Diego, CA Juris Doctor, May 2015 • Ranking: top 15%, based on class standing of 331215 • California Western Law Review and International Law Journal, Associate Writer & Editor 2014-2015 San Diego State University, Graduate School of Business, San Diego, CA Master of Business Administration, May 2015 • GPA: 3.9714.0 • SDSU Center for International Business and Education Research, Global Business Project Member Boston University, Boston, MA Bachelor of Science in Business Administration, January 2011 • Varsity Equestrian Team, Junior Captain 2009-2010 PUBLICATIONS & PRESENTATIONS Indian Institute of Management Centre for Corporate Governance, Research Presentation, Board Assessment Compliance from Processes to Legal Reform, Bangalore, India (May 2016) Practice Journal, Mind the Gap Quorum Voting at the Committee Level, 46 CHARTERED SECRETARY 51-53 (2016) SDSU Student Research Symposium, Research Presentation, Corporate Governance Trends in Emerging Markets, San Diego, CA (March 2015) Law Review Comment, How the FDA Can Strengthen Regulations Governing Antibiotic Use in Food Producing Animals, 6 U. LOUISVILLE JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW 1-40 (2015) Law Review Comment, India's Companies Act of 2013: A Governance Shift into the Sunlight, 2 THE INDONESIAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 187-220 (2015) PROFESSIONAL EXPERIENCE Hon. John M. Younge, U.S. District Court for the Eastern District of Pennsylvania, Philadelphia, PA Judicial Law Clerk October 2019 — November 2021 • Assisted with case management, drafted opinions on a wide variety of motions in civil and criminal cases, including discovery and dispositive motions, and jury trials in civil matters, including drafting of jury instructions, decisions on daubert and in limine motions, and post -trial motions. U.S. District Court for the Central District of California, Los Angeles, CA Judicial Law Clerk November 2017 — October 2018 Drafted legal memoranda, opinions, and orders for multiple Article III judges as a relief clerk. Hon. William J. Martinez, U.S. District Court for the District of Colorado, Denver, CO Judicial Law Clerk November 2016 — October 2017 • Assisted with case management and drafted opinions on a wide variety of motions in civil and criminal cases. Fulbright Fellowship, U.S. State Department, Bangalore, India Grantee August 2015 — May 2016 • Collaborated with the Indian Institute of Management to develop and conduct a study that analyzes the impact of the Companies Act of 2013 on the business community in India. Empirical research combined both qualitative and quantitative methodologies. • Regression analysis included the development of a BSE -100 corporate governance index that measures the correlation between: disclosure of the newly mandated board self-assessment process, organizational archetypes, and structural committee metrics. • Interviews were conducted with corporate directors sitting on Nomination and Remuneration Committees, stock -exchange administrators, as well as accountants and advisory attorneys. 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I'IP), snq Combsu?,' ygnmpgj' Iuglg C91ROLu19 bLoboalljou 112' • Cougjjcicq IsRsl Lsassxcp ou Ips ggmjaajpljlla oLpcuL?uX zlslcmculz gnLIUR Ips kgliulugLa pssxplR 2jsRs nugsL LlRpla' sa msll 92 2EBMV mojlouz LsRsxgruR ous,z prgp Vujsugmsuj LIRpI to s zbssgA ILI91• • DLsgsq suq oLglIA nRncq obboajljou to sAlgcugsra 2nbbxsezjou mopom LGRnq!UR ous,? hOnLlp Vmsugmsuj • Vbbcncq m coml mjgcL 2nbumajou oLgsbnl), q!zlLlcr gllomcl IoL bLcjuuruga lirujuRz suq gugjRDWOUT2• CsLFsksq Tssx, aS 4 1nuc 301,4 — wanaj 30I,4 roe VDRsIsz DFILicf VIIOLUGI,z OlLicc' bL617mIDva HGVLIDR IrDA' rOUR Bcgcp' CV RECEIVED CITY OF SEAL BEACHUG 0 4 2023 Boards — Commissions — Committees CIT CLERK CITY OF SEAL BEACH Application Name; Patty Senecal Address: Seal Beach 90740 Phone Number: Cell Phone: Email Address: Who is your Council Representative? Shelly Sustarsic Please check the areas of interest: Community & Recreation Building & Planning Beach & Water Quality Environmental Public safety Infrastructure x Other: Please briefly describe: Citizen -Council Parking Advisory Ad-hoc Committee Provide a brief background of your experience and/or education that would qualify you for an appointment to a City board, commission, or committee: As a resident of Seal Beach, I frequently use parking on Main Street and Shops at Rossmoor. I am not a parking engineer, but I am following the parking consultant, Julie Dixon's report. I can bring the perspective of a resident and be open to different perspectives; our merchants, city Seal Beach Chamber, public safety and tourist, etc. There will be many perspectives on this issue and I will invest the time to listen, learn and balance Signature: Auaust 1. 2023 Applications will be kept on file in the Office of the City Clerk for a period of 2 years. {Office Us Only} F1 �1v Date Received: a Received By: District No. _`4�F SEAL eF•'. AGENDA STAFF REPORT �'C:gClFORN�p"� DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference SUMMARY OF REQUEST: That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2023 League of California Cities (Cal Cities) Annual Conference. BACKGROUND AND ANALYSIS: The League of California Cities 2023 Annual Conference & Expo is scheduled for September 20-22, 2023, in Sacramento. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 22, 2023. At this meeting the Cal Cities' membership considers and take action on resolutions that establish League policy on municipal issues of statewide importance for the upcoming year. Information on what resolutions will be reviewed is not available at this time. In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates. The designation of a voting delegate will allow the City to participate in the Annual Business Meeting. Consistent with the League bylaws, a city's voting delegate and up to two alternates must be designated by the City Council. A voting delegate can either be an elected or appointed official. The City Clerk or Mayor must sign the attached form affirming that the names provided are those that were selected by the City Council (Attachment A). The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a non- designated individual is not allowed. Currently, Mayor Thomas Moore is registered to attend the conference. At this time no other Council Members or City staff are registered to attend the conference. Agenda Item B 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: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2023 League of California Cities (Cal Cities) Annual Conference. [•Y1J:3JAI Ia121911-Y,6 Gloria 0. Yfarper Gloria D. Harper, City Clerk ATTACHMENTS: IN121�7_1►1�7_1»:Z���I���I jiff X.Ingram Jill R. Ingram, City Manager A. 2023 Annual Conference Voting Delegate/Alternate Letter and Form Page 2 LEAGUE OF CALIFORNIA CITI ES Council Action Advised by August 28, 2023 DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre -conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities' event and meeting policy in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have vour city clerk or mavor sian the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. LEAGUE OF CALIFORNIA CITI ES Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20,8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities.ora. Attachments: General Assembly Voting Guidelines Voting Delegate/Alternate Form Information Sheet: Cal Cities Resolutions and the General Assembly LEAGUE OF CALIFORNIA CITI ES General Assembly Voting Guidelines One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. LEAGUE OF CALIFORNIA CITI ES CITY: 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Email: Email: 3. VOTING DELEGATE - ALTERNATE IareTi��l Title: Email: ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk: (circle one) (signature) Email: Date: Phone: Please complete and email this form to votingdelegates@calcities.org by Monday, August 28, 2023. LEAGUE OF CALIFORNIA CITI ES How it works: Cal Cities Resolutions and the General Assembly General Resolutions Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. During the Annual Conf,,4 Petitioned Resolutions The petitioned resolution is an alternate method _ to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. Policy Committees The Cal Cities President assigns general resolutions �i to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. General Assembly Resolutions Committee taThe Resolutions Committee considers all resolutions. General Resolutions approved' by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • ' �' � it, . During the General Assembly, voting delegates Co maxag ISI debate and consider general and petitioned 0jTjK0 ITM0 II resolutions forwarded by the Resolutions Committee. • Improvements to the General Assembly process will make it easier for Potential Cal Cities bylaws amendments are also considered at this meeting. What's new in LUL.S The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. z Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). For more information visit www.calcities.org/general-assembly Who's who Cal Cities policy development is a member -informed process, grounded in the voices and experiences of city officials throughout the state. The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. z Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). For more information visit www.calcities.org/general-assembly Who's who Cal Cities policy development is a member -informed process, grounded in the voices and experiences of city officials throughout the state. The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Approval of the July 24, 2023 City Council Minutes SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023. 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. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023. Agenda Item C SUBMITTED BY: Gforia 1D..Ifarper Gloria D. Harper, City Clerk NOTED AND APPROVED: fiffX Ingram Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes — Closed Session, July 24, 2023 B. Minutes — Regular Session, July 24, 2023 Page 2 Seal Beach, California July 24, 2023 The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room. Rnl I ('AI I Present: Mayor Moore Council Members: Sustarsic, Landau, *Steele, Kalmick *Council Member Steele participated in the meeting remotely from the following location: 69 Quai Saint -Andre 403, Quebec City, Quebec G 1 K3Y1, Canada FOOT- MIM City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Alexa Smittle, Community Development Director Iris Lee, Public Works Director Gloria D. Harper, City Clerk PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. City Clerk Harper announced that were no supplemental communications received. Mayor Moore then closed oral communications. CLOSED SESSION A. Conference with Real Property Negotiators 4197 Ironwood Avenue, Seal Beach, CA 90740 Agency negotiator: Alexa Smittle, Community Development Director; Jill Ingram, City Manager Negotiating parties: Francisco Uriarte, Presidio West Investments, LLC Under negotiation: Price and Terms of Payment B. Conference with Legal Counsel Exiting Litigation Pursuant to Government Code Section 54956.9(d)(1) Beach House at the River, LLC v. City of Long Beach Orange County Superior Court Case No. 30-2023-01314997-CU-MC-CJC Council Member Landau recused herself for Item B. ADJOURNMENT Mayor Moore adjourned the Closed Session meeting at 6:30 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Thomas Moore, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California July 24, 2023 The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Mayor Pro Tem Sustarsic led the Pledge of Allegiance. ROLL CALL Present: Mayor Moore Council Members: Kalmick, Landau, *Steele, Sustarsic *Council Member Steele participated in the meeting remotely from the following location: 69 Quai Saint -Andre 403, Quebec City, Quebec G 1 K3Y1, Canada. Absent: None City Staff: Nicholas Ghirelli, City Attorney Jill R. Ingram, City Manager Michael Henderson, Police Chief Joe Bailey, Marine Safety Chief, Marine Safety Department Alexa Smittle, Director of Community Development Barbara Arenado, Director of Finance/City Treasurer Iris Lee, Public Works Director Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Craig Covey, Division 1 Chief Orange County Fire Authority Nicholas Nicholas, Police Captain Michael Ezroj, Police Captain APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Two (2) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public. Council Member Steele pulled Item E from the Consent Calendar for separate consideration. Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic, to approve the agenda. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS There were no presentations/recognitions items. PUBLIC COMMUNICATIONS Mayor Moore opened oral communications. Speakers: Anonymous Speaker and Sarah Fuller. Mayor Moore closed oral communications. CITY ATTORNEY REPORT City Attorney Ghirelli indicated the City Council meet in Closed Session to discuss the two (2) items on the posted agenda. All City Council Members were present with the exception of Council Member Landau who recused herself from Item B. Council took no reportable action. CITY MANAGER REPORT City Manager Ingram introduced Police Chief Henderson who discussed some of the activities that will take place at National Night Out, scheduled for Tuesday, August 1, 2023, from 5:OOpm-8:OOpm at Eisenhower Park. Additionally, City Manager Ingram announced and congratulated newly appointed Sergeant Samantha Mathias on both her promotion and receiving her master's degree. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the Orange County Fire Authority Board meeting, Orange County Council of Governments, and the Seal Beach Fish Fry. Additionally, he reported that he attended a meeting of the West Orange County Water Board, where he assisted with the design of a new logo. Council Member Landau reported her attendance at the Woyjeck Remembrance of the ten-year anniversary on the loss of the 19 Elite Granite Mountain Hotshot Firefighters. Additionally, she noted her attendance at Band on the Sand and thanked Public Works staff members Armando Macias and Vince Utsler for keeping the area clean during the entire event. Council Member Landau also indicated that she attended the Long Beach Planning Commission meeting along with Planning Commissioner Rich Coles. Council Member Landau and Planning Commissioner Coles provided testimony regarding the inadequacies of the Environmental Impact Report for the two projects slated to begin on the Seal Beach/Long Beach border and noted that the Traffic Study was greater than ten years old. She expressed her concerns for the projects. Mayor Pro Tem Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, the Orange County Sanitation District Honor Walk Ceremony and Board meeting, the July 4t" fireworks show at the Joint Forces Training Base, the College Park East 4t" of July bike parade, an Orange County Sanitation District Operations Committee meeting, ribbon cutting ceremony at Pearl Vision, and an Airport Land Use Commission meeting. Additionally, she announced that she watched a live stream of the Orange County Transportation Authority Board of Directors meeting, where voting took place to approve the 1-405 Express Lanes Toll Roads Policy. She reported that the project is 95% completed and due to open later this year. Council Member Steele reported that he attended the Lions Club Fish Fry, several Golden Rain Foundation Committee meetings and the July 4t" fireworks show at the Joint Forces Training Base. Mayor Moore thanked the Police and Fire Departments for their quick arrival on the scene of a home in College Park West, where a car had crashed into a home. He thanked Public Works for the improvements to the entrance of College Park West, which included a fence and new landscaping. Mayor Moore reported that he attended the Pearl Vision ribbon cutting ceremony, the Leisure World Expo, the Lions Club Fish Fry, the quarterly Leisure World Working Group meeting, the California Joint Powers Insurance Authority Board meeting, and the Orange County Fair Elected Officials' meeting. Additionally, he noted that he attended the Pacific Symphony at Eisenhower Park. He thanked Community Services Coordinator Anthony Nguyen for coordinating the event and Bank of America for sponsoring the event, which included free entrance for Seal Beach residents and visitors. COUNCIL ITEMS There were no council items. CONSENT CALENDAR Mayor Pro Tem Sustarsic moved, second by Council Member Landau, to approve the recommended actions on the consent calendar. A. Approval of the June 26, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 26, 2023. B. Demands on City Treasury (Fiscal Year 2024) July 24, 2023 - Ratification. C. Monthly Investment Report — June 30, 2023 - Receive and file. D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report. ._ _ --111jil ._ „_ „_ F. Notice of Completion for 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7428: Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and, 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 thirty five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. City Clerk Harper took a roll call vote for all the Consent Calendar Items with exception of Item E: AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: • 9.1-1h• • • . • •• •• . • • • • • . • • . • • • • • • • • • 1 I • 11 • • ■ • • WINES • 11 • • ■ • • • • • . • • • • IN \ mi I MIN W R M-11 Un • • • • • . F. Notice of Completion for 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7428: Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and, 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 thirty five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. City Clerk Harper took a roll call vote for all the Consent Calendar Items with exception of Item E: AYES: Kalmick, Moore, Sustarsic, Landau, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR E. Establishment of a Citizen -Council Parking Advisory Ad -Hoc Committee - That the City Council adopt Resolution 7427: 1. Establishing a Citizen -Council Parking Advisory Ad -Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City's Parking Management Program; and, 4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents. City Clerk Harper provided a comprehensive background on the staff report. Council Member Steele and Kalmick expressed their concerns regarding approval of the establishment of the Ad -Hoc Committee and Council Members Landau, Mayor Pro Tem Sustarsic, and Mayor Moore spoke in support of the establishment of the Ad -Hoc Committee. At the request of City Manager Ingram, Police Chief Henderson gave a brief overview of the draft public outreach plan, which includes several outreach efforts and future town hall meetings. City Attorney Ghirelli provided clarification on Brown Act requirements for an Ad -Hoc Committee. Mayor Pro Tem Sustarsic moved, second by Mayor Moore to approve Resolution 7427: 1. Establishing a Citizen Council Parking Advisory Ad -Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City's Parking Management Program; and, 4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents. City Clerk Harper took a roll call vote for Item E. AYES: Moore, Sustarsic, Landau NOES: Kalmick, Steele ABSENT: None ABSTAIN: None Motion carried PUBLIC HEARING G. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the City Manager's Contract Authority for the Acquisition of Goods and Services - That the City Council adopt Resolution 7429: Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and, Adjusting the City Manager's threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384. Director of Public Works Lee provided a comprehensive background on the staff report. There were Council Member questions. Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing. Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic to approve Resolution 7429: Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and, Adjusting the City Manager's threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384. City Clerk Harper took a roll call vote to continue Item G. AYES: Kalmick, Steele, Moore, Sustarsic, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS H. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 "Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District" - That the City Council adopt Resolution 7430: approving the annual Fiscal Year 2023- 2024 special tax levy for Community Facilities District No. 2002-02 "Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District." Director of Finance Arenado provided a comprehensive background on Items H, I, and J as they are similar in nature but noted each item would require a separate vote. Director of Finance Arenado introduced Willdan Representative Tony Thrasher who responded to questions from Council Member Landau. Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7430: approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-02 "Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District." City Clerk Harper took a roll call vote to continue Item H. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried I. Approval of the Annual Special Taxes for Community Facilities District No. 2002- 01 "Heron Pointe" - That the City Council adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 "Heron Pointe." Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 "Heron Pointe." City Clerk Harper took a roll call vote to continue Item I. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried J. Approval of the Annual Special Taxes for Community Facilities District No. 2005- 01 "Pacific Gateway Business Center" - That the City Council adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 "Pacific Gateway Business Center." Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 "Pacific Gateway Business Center." City Clerk Harper took a roll call vote to continue Item J. AYES: Kalmick, Landau, Moore, Steele, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Moore adjourned the City Council meeting at 7:55 p.m. to Monday, August 14, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. Approved: Attested: Thomas Moore, Mayor Gloria D. Harper, City Clerk Gloria D. 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Ingram, City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation for On -Call Asphalt Maintenance and Repair Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7433: Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not -to -exceed amount of $330,000 to provide On -Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not -to -exceed amount of $250,000 per additional one-year term. BACKGROUND AND ANALYSIS: Preventative maintenance is required to extend the City's street infrastructure useful life before costly reconstruction is required. The City's pavement management program recommends slurry -seal coating as a preventative measure against roadway deterioration. Rubberized Emulsion Aggregate Slurry ("REAS") Agenda Item F has been specified for recent slurry seal projects, versus convention slurry, due to its higher performance and longer lasting properties. In January of 2016, following a competitive bidding process undertaken in accordance with the City of Los Angeles Charter and Municipal Code, the City of Los Angeles awarded a contract to Petrochem Materials Innovation, LLC ("PMI"), with five 1 -year optional extensions, for "Green Book" Central Mix REAS (Contract 59680). In December 2022, the City of Los Angeles authorized an amendment of Contract 59680 that allows for an additional five 1 -year optional extensions. The City of Los Angeles bid specifications of Contract 59680 authorize other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by PMI. Section 3.20.025(D) of the Seal Beach Municipal Code provides for an exemption from the City's competitive bidding requirements for purchases made in cooperation with the state, the county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications. The set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach. In accordance with the City of Los Angeles Contract 59680 and Seal Beach Municipal Code Section 3.20.025(D), the City of Seal Beach is authorized to purchase Central Mix REAS at the City of Los Angeles contract prices. Staff recommends, "piggybacking" on the City of Los Angeles Contract 59680 pursuant to Seal Beach Municipal Code Section 3.20.025(D), allowing the City to slurry seal on an as -needed maintenance basis. The proposed Agreement also provides for an extension of the Agreement for a maximum of five additional one- year terms upon mutual agreement. Extension of the Agreement would be dependent on funding availability and the contractor's ability to produce contract extensions granted by the City of Los Angeles as they become available. Pursuant to Seal Beach Municipal Code Section 3.20.025(D), it is recommended that the City Council make the following findings with respect to entering a piggyback contract with PMI pursuant to pricing and terms that have been previously established by the City of Los Angeles in Contract 59680- 1. The contract between the City of Los Angeles and PMI (Contract 59680) was a result of a competitive bidding process by the City of Los Angeles under its Charter and Municipal Code in November 2015. 2. In January 2016, the City of Los Angeles awarded a Central Mix REAS contract to PMI, the lowest responsive and responsible bidder (Contract 59680), in compliance with the City of Los Angeles Charter and Los Angeles Municipal Code. 3. The City of Los Angeles bid documents for Contract 59680 include a provision notifying the bidders that the prices bid by each contractor, if awarded the contract, shall be made available to other public agencies Page 2 such as the City of Seal Beach, a procedure commonly referred to as "piggybacking." 4. The set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach. Pursuant to Section 3.20.025(D) of the Seal Beach Municipal Code, "Purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications" are exempt from the public bidding requirements of the Code. The proposed PMI contract scope of work with Seal Beach would include the same terms offered in the City of Los Angeles contract, and includes all material, labor, testing, equipment, notification to adjacent property owners, placement of traffic control, removal of existing striping as needed, sweeping, covering manholes, slurry placement, cleanup, and restriping. The project scope also includes necessary subsurface preparation work including crack sealing, asphalt dig -outs of deteriorated areas, and minor grind and overlay to restore surface profile. PMI will follow the City's general contract requirements, which include compliance with laws, licensing and permits, insurance requirements, labor laws, indemnity, and product warranties. If the proposed on-call maintenance and repair services agreement is approved by the City Council, the next slurry project is anticipated to start in Fall 2023. 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 maintenance and repair services agreement with Petrochem Materials Innovation, LLC will not have a significant effect on the environment. Projects will be evaluated on an individual basis but are expected to fall under CEQA Section 15301(c). LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The approval of the on-call maintenance and repair services agreement does not directly appropriate or expend funds. Services will be used to the extent of available funding in the applicable budget accounts. The City of Seal Beach contract will follow unit pricing per City of Los Angeles Contract 59680 and correlated amendments for future terms. Page 3 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7433: Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not -to -exceed amount of $330,000 to provide On -Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not -to -exceed amount of $250,000 per additional one-year term. SUBMITTED BY: Iris .Gee Iris Lee, Director of Public Works Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: NOTED AND APPROVED: jiff X. Ingram Jill R. Ingram, City Manager A. Resolution 7433 B. Agreement with Petrochem Materials Innovation, LLC Page 4 RESOLUTION 7433 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AND REPAIR SERVICES AGREEMENT WITH PETROCHEM MATERIALS INNOVATION, LLC FOR ON-CALL ASPHALT MAINTENANCE AND REPAIR SERVICES WHEREAS, the City desires to retain a contractor to provide on-call asphalt maintenance and repair services utilizing rubberized emulsion aggregate slurry ("REAS"); and, WHEREAS, on January 1, 2016, following a competitive bidding process conducted by the City of Los Angeles pursuant to City of Los Angeles Charter and the City of Los Angeles Municipal Code, the City of Los Angeles entered into agreement with Petrochem Materials Innovation, LLC for Central Mix REAS (Contract 59680) whose bid specifications authorize other government agencies to "piggyback" its prices, terms, and conditions; and, WHEREAS, on December 19, 2022, the City of Los Angeles authorized Contract 59680 Amendment 10 that allows for the addition of five 1 -year optional extensions; and, WHEREAS, Section 3.20.025(D) of the Seal Beach Municipal Code provides for an exemption from the City's competitive bidding requirements for purchases made in cooperation with the state, the county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications; and WHEREAS, the set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach; and the City desires to "piggyback" off the City of Los Angeles' Contract 59680 to obtain lower REAS unit pricing as permitted by Seal Beach Municipal Code Section 3.20.025(D); and, WHEREAS, the City deems Petrochem Materials Innovation, LLC as qualified to provide such services. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a Maintenance and Repair Services Agreement ("Agreement") to Petrochem Materials Innovation, LLC by entering into a cooperative purchasing agreement based on City of Los Angeles Contract 59680 pursuant to Seal Beach Municipal Code Section 3.20.025(D), for On -Call Asphalt Maintenance and Repair Services in a not -to -exceed amount of $330,000, for the term commencing August 14, 2023 and expiring December 31, 2023. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with Petrochem Materials Innovation, LLC for up to five (5) additional one-year terms, at her discretion and as allowable by the City of Los Angeles Contract 59680, as amended, in a not -to -exceed amount of $250,000 per one-year term extension. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote: I_\'1 •1111111111111104o 1PiT.11IOVA M NIST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, 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 7433 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 141h day of August, 2023 . Gloria D. Harper, City Clerk MAINTENANCE AND REPAIR SERVICES AGREEMENT for On -Call Asphalt Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 N. Petrochem Materials Innovation, LLC 6168 Innovation Way Carlsbad, CA, 92009 760-603-0961 This Maintenance and Repair Services Agreement ("the Agreement") is made as of August 14, 2023 (the "Effective Date"), by and between Petrochem Materials Innovation, a Nevada LLC ("Contractor"), a limited liability company and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires to retain a contractor to perform certain on-call asphalt maintenance and repair services (the "Project"), to be carried out consistent with City -approved plans and specifications. B. The Seal Beach City Charter and Seal Beach Municipal Code Section 3.20.025(D) provide for an exemption from public bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. C. The City of Los Angeles and Petrochem Materials Innovation, LCC (PMI) are parties to a contract for maintenance services including Central Mix REAS (Contract 59680), which was entered into following a competitive bidding process pursuant to the City of Los Angeles Charter and Municipal Code, and Contract 59680 authorizes other government agencies to utilize those same prices, terms, and conditions. D. City desires to enter into a cooperative purchasing agreement with PMI based on City of Los Angeles Contract 59680 between PMI and the City of Los Angeles, pursuant to the authority provided by the Seal Beach City Charter and Seal Beach Municipal Code § 3.20.025(D), and to engage Contractor as an independent contractor to provide on-call asphalt maintenance and repair services in accordance with the terms and conditions of this Agreement. E. Contractor is a California licensed "A" Contractor and C32 Contractor (State Contractor's License # 991274, DIR 1000011208) and represents that its principals and employees are fully qualified to perform the services contemplated by this Agreement by virtue of their experience, training, education and expertise. 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. Services and Purchase Orders. For and in consideration of the mutual promises set forth herein, strictly on an on-call basis, and subject to the terms and conditions of this Agreement, Contractor shall perform and complete in good and workmanlike manner all on-call asphalt and related repair services (collectively "Services") as described in this Agreement and the other Contract Documents listed in Subsection 1.2. The specific services to be provided shall be f�01irZl more particularly described in individual purchase orders issued by City as described in Subsection 1.3 of this Agreement. 1.2. Contract Documents. The Contract Documents consist of (i) this Agreement, (ii) each Purchase Order and related documents described in Subsection 1.3, (iii) the provisions of the 2018 edition of the Standard Specifications for Public Works Construction ("Green Book"), adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California, and (iv) all of the following: the City of Los Angeles Contract 59680 (Exhibit A), City of Los Angeles Contract 59680 Extension Amendment 10 (Exhibit B), City of Los Angeles Contract 59680 Extension Amendment 11 (Exhibit C), City of Los Angeles Contract 59680 Extension Amendment 12 (Exhibit D), City of Los Angeles Contract 59680 Extension Amendment 13 (Exhibit E), City of Los Angeles Contract 59680 Extension Amendment 14 (Exhibit F), all of which such exhibits are attached and incorporated herein by this reference. 1.2.1 Order of Precedence. The Order of Precedence of the Contract Documents shall be as follows: (i) this Agreement; and then (ii) a Purchase Order; and then (iii) the City's Standard Specifications; and then (iv) Exhibit E; and then (v) Exhibit D; and then (vi) Exhibit C; and then (vii ) Exhibit B; and then (viii) Exhibit A. To the extent that there is any conflict between a purchase order, related proposal, related notice to proceed, Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E and this Agreement, this Agreement shall control. Terms of each purchase order issued by City pursuant to Subsection 1.3 shall take precedence over Exhibits A, B, C, D and E. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.3. Purchase Orders. Based on the on-call nature of this Agreement, City shall from time to time, request specific services of the type generally described in Section 1.2 of this Agreement, by issuing a Purchase Order to Contractor. The Purchase Order will describe the materials, equipment, services and other work to be performed by Contractor on a specific purchase, the schedule of delivery and other work for the task, and the amount of compensation to be paid by City for Contractor's services. Contractor shall not perform and City shall not be liable for any Services performed by Contractor unless written authorization from City is given to Contractor in the form of a separate Purchase Order, receipt by City of a corresponding proposal from Contractor consistent with that Purchase Order, and a Notice to Proceed issued by City, for the performance of such Purchase Order. All provisions set forth in this Agreement shall fully apply to each Purchase Order, unless expressly provided otherwise therein. Mne wZI 1.4. The Services shall be performed in accordance with the Contract Documents, and 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 each Purchase Order to be furnished by City. 1.5. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.6. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, State, and local law. 1.7. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.8. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing pursuant to Subsection 1.3. 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; Time of Performance 2.1. The original term of this Agreement shall commence as of the Effective Date and shall expire at midnight on December 31, 2023 ("Original Term"), unless sooner terminated or extended as provided by this Agreement. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines set forth in each individual Purchase Order. Contractor shall be required to commence work within five business days of receiving City's fully -executed Notice to Proceed, except as otherwise set forth in the fully -executed Notice to Proceed. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the terms and conditions set forth hereafter, for up to five !l5iWZ1 (5) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. Any extension shall be contingent upon the extension of Contract 59680 by PMI and the City of Los Angeles. If timely elected by the City, the first extension shall have a term extending from January 1, 2024 through and including January 1, 2025 unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from January 1, 2025 through and including January 1, 2026, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the third extension shall be from January 1, 2026 through and including January 1, 2027, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the forth extension shall be from January 1, 2027 through and including January 1, 2028, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the fifth extension shall be from January 1, 2028 through and including January 1, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. In consideration of Contractor's performance of the Services set forth in Exhibit A based on a Purchase Order, City will pay Contractor in accordance with the rates shown on the fee schedules set forth in Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F for the Services but in no event will the City pay more than the total not -to -exceed amount of $330,000 (Three Hundred and Thirty Thousand dollars and 00/100) for the Services for the original term. 3.2. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, City will pay Contractor in accordance with the rates agreed to in City of Los Angeles Contract 59680 and but in no event will the City pay more than the total not to -exceed amount of $250,000 (Two Hundred and Fifty Thousand dollars and 00/100) for each one- year extension. 3.3 Contractor will not be compensated for any work performed not authorized by City and 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 Subsection will be compensated in accordance with the applicable fee schedule set forth in Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F. 3.4 Retention requirements and notices of completion shall be governed by the City's Standard Specifications identified in Subsection 1.2. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount lei no Wzl that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Frank Hoffman is the Contractor's primary representative for purposes of this Agreement. Frank Hoffman shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, CA 90740 Attn: City Manager To Contractor: Petrochem Materials Innovation, LLC 6168 Innovation Way Carlsbad, CA 92009 Attn: Frank Hoffman 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. VKOTiWzl 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not I:.4ne Wzl limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall defend, 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 Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. These duties are in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code Section 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. These duties are in addition to Contractor's duty to defend, indemnify and hold harmless as set forth Ozs�zl in any other provision of this Agreement. Contractor's covenants under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, notes, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, computer files, electronic files, media, discussion, information (or other Work Product (as defined in Subsection 12.1) developed or prepared received by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, directors, employees, agents and/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 Services performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Work Product 12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of 10 of 24 this Agreement, all Work Product 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 upon payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent, provided that Contractor will not be held liable for any use, reuse or modification of the City -owned Work Product for purposes outside this Agreement. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Contractor shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and those City 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 Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 11 of 24 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or interests 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 without City's consent 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 Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. 12 of 24 Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury including death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance and Employer's Liability coverages. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: Contractor shall maintain limits of no less than $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 13 of 24 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverages. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. i WOMIz1 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy procured or maintained pursuant to this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives its own rights of recovery and all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required by this Agreement on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Contractor may also provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as 15 of 24 full performance of Contractor's duty to indemnify City under any provision of this Agreement. 17.13. Broader Coverage/Higher Limits. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 17.15. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duties. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 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, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities" in this Section 18.0), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or 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 this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any 16 of 24 Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims 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 Limitina. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any 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 Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims and/or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity 17 of 24 Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by federal or state laws, including but not limited to, in all activities relating to initial employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff, or termination. Contractor further warrants that in providing the Services, Contractor shall not discriminate, harass or retaliate against any City official, City employee, City contractor, City consultant, customer, patron, client, or other member of the public because of their race, religion, color, national origin, handicap, ancestry, sex, gender, gender identity, sexual orientation, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information , military or veteran status, or any other basis prohibited by federal or state laws. 20.0 Worker's Compensation Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit G, attached hereto and incorporated by reference herein. 22.0 Payment and Performance Bonds. To the extent required by City, Contractor shall provide a payment bond and/or performance bond in any Purchase Order in accordance with the City's requirements. 23.0 Claim Dispute Resolution 23.1. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute ("Disputed Work"). 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 18 of 24 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. 23.2. All claims arising out of or related to the Contract Documents or this Agreement, 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 construction claims, if any, are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein. 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. 24.0 Antitrust Claims In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 25.0 Non -Exclusive Agreement City reserves the right to employ other contractors in connection with the subject matter of the Scope of Services, or may have its own employees perform the Services contemplated by this Agreement. 26.0 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. 27.0 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. 28.0 Governing Law and Venue 19 of 24 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. 29.0 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. 30.0 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. 31.0 Prohibited Interests; Conflict of Interest 31.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 31.2. 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 20 of 24 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. 31.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 32.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 33.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 34.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last 21 of 24 fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 35.0 Mutual Cooperation 35.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 35.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 36.0 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. 37.0 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. 38.0 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. 39.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 40.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 23 of 24 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 Form: By: Nicholas R. Ghirelli, City Attorney CONTRACTOR: Petrochem Materials Innovation, LLC, a Limited Liability Company By: Name:_L,-/A, QI a Its: CEO By: r✓� ''/i.� Name: Its: (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.) 24 of 24 EXHIBIT City of Los Angeles Annual Requirements Contract with Petrochem Materials Innovation, LLC City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 11 f E 1 ST STREET 59680 1 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 City of Los Angeles' vendors are required to have on file an approved Affirmative Action Plan and Certification. Contact Buyer at the City Purchasing Office at (213-485-3677) for information on this requirement. In order to receive payments from the City of Los Angeles, vendors must have a valid Business Tax Registration Certificate (BTRC) number. Contact the City Clerk's Tax and Permits Division (213-485-3916) for information on this requirement. All shipments, shipping papers, invoices and correspondence must be identified with the City of Los Angeles' Contract Purchase Order Number. Overshipments will not be accepted unless authorized by requestor prior to shipment. Terms and conditions of parent contract are binding on its Contract Purchase Orders. Procurement Analyst: Martha Medina Phone Number: 213-928-9536 E-mail address: Martha. Medina@lacity.org Fax Number: 213-928-9511 Requirements Contract for: **Slurry, Pre -Mix R.E.A.S. ** Award No. 59680 Payment Terms: Net 30 Days Delivery: 1 Days ARO RFQ No.:EV4672 Previous Contract: 59180 Renewal Options: 5 Option Date 1 =--/--/-- Option Date 2 =--I--I-- Option Date 3 = --/--/-- Options Granted: 0 Option Date 4 =--/--/-- Option Date 5 =--I--1-- You are hereby notified of the award of this contract with the City of Los Angeles in accordance with RFQ Number EV4672, to furnish the City's annual requirements for the items and/or services identified in this document. The entire RFQ (including Attachment A and specifications) or any items thereof, addendums, and general conditions comprise the contract. The Quotation document signed by the appropriate contractor and by duly authorized City officials is on file in the Purchasing Agent's office. NOTE: SALES TAX WILL BE ADDED AT TIME OF ORDER. The following listed item(s) cover the only product(s) or service(s) approved for purchase under this contract. Products or services requested by the City and not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment. c Foo uurrchasi Agent, City of os Angeles, California v W City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page i 111E 1 ST STREET 59680 2 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximm Vendor ID: 0000034616 Slur Premix R.E.A.S. 66,788,01:0.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt 1 1 0.00 0 0.00 Premix, Rubberized Emulsion Aggregated Slurry, Type I Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 2.38000 GLL Premix, Rubberized Emulsion, Aggregate Slurry, Type I, all in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. Prices reflect asphalt prices at 1/1/2016 to $355/ton (liquid) 2 1 0.00 0.00 Premix, Rubberized Emulsion Aggregated Slurry, Type II Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 2.01000 GLL Premix, Rubberized Emulsion, Aggregate Slurry, Type ll, all in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. 1 0.00 0.00 Premix, Rubberized Emulsion Aggregated Slurry, Type III Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 2.01000 GLL Premix, Rubberized Emulsion, Aggregate Slurry, Type III, all in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. 1 0.00 0.00 Service, Regular Time Labor only (application of Central Plant Mixed Slurry) Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 95.00000 HUR SERVICE, LABOR, PER PERSON: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Regular rate: $ 95.00 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. City of Los Angeles, California Contract City of Los Angeles Purchasing Agent 111 E 1ST STREET Contract ID 59680 Page 3 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty 5 1 0.00 0 0.00 Service, Overtime Labor only (application of Central Plant Mixed Slurry) Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 142.00000 HUR SERVICE, LABOR, PER PERSON: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Overtime rate: $ 142.50 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 6 1 0.00 0 0.00 Rental, Service/Haul Trucks (Bare) Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 200.00000 DAY DAILY, WEEKLY & MONTHLY RENTAL RATES: (Bare) Daily: $200.00 Minimum rental time: 1 Day Number of units available: 9 7 1 0.00 0 0.00 Rental, Application Trucks (Bare). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 252.00000 HUR APPLICATION TRUCKS: (Bare) HOURLY RENTAL RATES: Within the City of Los Angeles, City Limits Hourly: $252.00 Overtime: $252.00 Sunday/Holiday: $252.00 Minimum rental time: 4 Hours Number of units available: 22 City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 111E 1 ST STREET 59680 _ 4 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66,788.010.001 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt APPLICATION TRUCKS: (Bare) HOURLY RENTAL RATES: NOT Within the City of Los Angeles, City Limits Hourly: $252.00 Overtime: $252.00 Sunday/Holiday: $252.00 Minimum rental time: 4 Hours Number of units available: 22 8 1 0.00 0 0.00 Job Tankers, for delivery of Premix, R.E.A.S in trailer mounted 4,000 gallon tank to any location within the City of Los Angeles. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 600.00000 EA JOB TANKER: ddelivery of Premix, R.E.A.S in trailer mounted 4;000 gallon tank to any location within the City of Los Angeles. $600 Per Load 9 1 0.00 0 0.00 Asphalt Binder; Heavy Traffic, Structurally Modified Binder PG 76-10, (City of Los Angeles Custom Mix).. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 800.00000 STN Heavy Traffic Binder: Structurally Modified Binder PG 76-10 Specifications as calied in Attachment B of EV 4672, as provided by GSD Bureau of Standards. 10 1 0.00 0 0.00 Delivery, Trucking to Asphalt Plant 1 of Asphalt Binder, Heavy Traffic; Structural Modified PG -10 (City of Los Angeles Custom Mix). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price S 17.00000 STN Delivery, Trucking to Asphalt Plant I of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG 10. City of Los Angeles, California Contract City of Los Angeles Purchasing Agent contract ID Page 111E 1ST STREET 59680 5 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt 11 1 0.00 0 0.00 Delivery, Trucking to Asphalt Plant II Asphalt Binder, Heavy Traffic, Structural Modified PG -10 (City of Los Angeles Custom Mix). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 19.00000 STN Delivery, Trucking to Asphalt Plant II of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG 10. 12 1 0.00 0 0.00 Rental, of Job Tankers, for Delivery of Premix, R.E.A.S. not within the City of L.A., (price to include delivery fee and mileage from PMI's shipping Plant). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 3.00000 SMI For any location outside the City of L.A., delivery change from PMI Shipping Plant $3.00 per mile ($600.00 Minimum) 13 1 0.00 0 0.00 Fine Aggregate Slurry Mix: Premixed REAS. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 3.00000 GILL Specifications as called in Attachment B of EV 4672, as provided by GSD Bureau of Standards. 14 1 0.00 0 0.00 Pump Rental, Specialized Slurry Pump, (pump capable of 250 gallons centralized mix slurry per minute). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 500.00000 DAY DAILY RENTAL RATES: Daily: $500.00 Minimum rental time: 1 day Number of units available: 12 City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 11 f E 1 ST STREET 59680 6 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/0112016 to 1 213112017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry. Premix R.E.A.S. 66 788 010.00 I PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 0.00 Plant Opening Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 1;500.00000 EA Plant Opening: Saturday $ 1,500 Sunday $ 1,500 Holiday $ 1,500 18 0.00 Per Diem for Los Angeles. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 150.00000 DAY 1 0.00 0 19 1 0.00 0 0.00 Rental, Storage Tank Portable for Jobsite Work. Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt 15 1 0.00 0 0.00 Delivery. Trucking (common carrier) to Asphalt Plant I of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 17.00000 STN Note* Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment. 16 1 0.00 0 0.00 Delivery, Trucking (common carrier) to Asphalt Plant I I of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 19.00000 STN Note' Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment. 17 1 0.00 0 0.00 Plant Opening Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 1;500.00000 EA Plant Opening: Saturday $ 1,500 Sunday $ 1,500 Holiday $ 1,500 18 0.00 Per Diem for Los Angeles. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 150.00000 DAY 1 0.00 0 19 1 0.00 0 0.00 Rental, Storage Tank Portable for Jobsite Work. City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 119E 1 ST STREET 59680 _ 7 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01101/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 1,000.00000 DAY PORTABLE STORAGE TANK RENTAL: DAILY, RENTAL RATES: Daily: $ 1,000.00 Minimum rental time: 1 Day Number of units available: 5 20 1 0.00 0 0.00 Rental, Slurry Box Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 250.00000 DAY SLURRY BOX RENTAL: DAILY, RENTAL RATES: Daily: $ 250.00 Minimum rental time: 1 Day Number of units available: 5 21 1 0.00 0 0.00 Rental, Delivery, Tanker - Bare, each load. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 250.00000 EA TANKER (Bare) DELIVERY, RENTAL: DAILY, RENTAL RATES: $ 200.00 per load Number of units available: 28 City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 111 E 1 ST STREET 59680 8 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12,31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66,788.010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item 10 Item Desc Qty Amt Qty Amt 22 1 0.00 0 0.00 Labor, Posting and Notifying of Affected Traffic Disruptions Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 200.00000 EA LABOR: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Regular rate: $95.00 Overtime rate: $142.50 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage; and upon supplier's written notification to the Purchasing Agent. 23 1 0.00 0 0.00 Hangtag/Doorknob Notices of Affected Traffic Disruptions Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 0.30000 EA HANG TAG NOTICES: $0.30 Per Hang Tag Notice $300.00 Minimum perjob 24 1 0.00 0 0.00 Traffic Control, To furnish, place/maintain traffic signage, excluding electronic, of affected areas, (NO LABOR INVOLVED). Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 1,500.00000 DAY 25 1 0.00 0 0.00 Rental; Sweeper, Mobile Units, to be used "only" should City Sweepers not show up. Price Agreement: Price Date: PO Date Price Quantity: Line Quantity Quantity Type: Quantity To Date Contract Base Price $ 0.01000 HUR HOURLY RENTAL RATES: Hourly: $ 200.00 Overtime: $ 300.00 Sunday/Holiday: $ 400.00 Minimum rental time: 8 Hours City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 111E 1 ST STREET 59680 9 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt Number of units available: 2 City of Los Angeles, California Contract City of Los Angeles Purchasing Agent I Contract ID Page I 111E 1 ST STREET 159680 10 I ROOM 110 ; Contract Dates Rate Date LOS ANGELES CA 90012 101/0112016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66.788,010.001 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Q Amt SUPPLIER CONTACT: Contact Person: Frank B. Hoffman Title: C. F. O. Telephone No.: 760-603-0961 Fax No.: 760-603-0962 E -Mail Address: frank@pmitechnology.com 24 Hour Contact No.: 760-271-0197 CONTRACT PURCHASE ORDERS: Contract Purchase Orders will be issued during the contract period for materials or services as required. Supplier shall deliver no goods or services until a City department issues a Contract Purchase Order. APPROVED CONTRACT ITEM PURCHASES: The listed items cover the only products approved for purchase under this contract.. The City of Los Angeles will not pay any invoice covering the delivery of any merchandise that is not explicitly authorized by this contract. Any products requested by the City not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment. RENEWAL OPTION: The City reserves the right to renew this contract for five additional one(1) year period(s). All renewals shall be on an annual basis and under the same terms and conditions of the original contract. ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS: Unit Prices for each line item shall be fixed for one year from the contract start date. On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments. Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier. Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time. The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City Such documents shall include, but not be limited to manufactureddistributoddealer invoices, insurance bills, utility bills, freight bills, payroll records, etc. The request shall state the percentage increase and the revised price for each affected contract item. No increases will be granted without prior approval of the City Purchasing Agent. ESTIMATED EXPENDITURES AND THRESHOLD ADJUSTMENT: Total expenditures for the life of this contract, including the initial term and all renewals or extensions, are estimated to be $67,788,010. No guarantee can be given that this total will be reached or that it will not be exceeded. Supplier agrees to furnish more or less in accordance with actual contract requirements. AUTHORIZED DISTRIBUTOR/DEALER: The supplier indicates it is an authorized factory distributor/dealer for the manufacturer quoted, or has provided a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by the City for equipment, parts, and/or materials provided by the supplier. The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely City of Los Angeles, California Contract City of Los Angeles Purchasing Agent Contract ID Page 111 E 1ST STREET 59680 11 ROOM 110 Contract Dates Rate Date LOS ANGELES CA 90012 01/01/2016 to 12/31/2017 PO Date Description: Contract Maximum Vendor ID: 0000034616 Slurry, Premix R.E.A.S. 66 788 010.00 PETROCHEM MANUFACTURING INC Allow Multicurrency PO 5205 AVENIDA ENCINAS #K CARLSBAD CA 92008 Item Minimum Order Item Contract Maximum Line # Item ID Item Desc Qty Amt Qty Amt and efficient manner. This responsibility includes replacing incorrect or defective parts, trouble shooting, and correcting problems that are traceable to the manufacturer. LIQUIDATED DAMAGES FOR LATE DELIVERY: Delivery delays beyond the Contract/Purchase Order delivery date will result in added expense to the City. The City of Los Angeles shall be paid damages for such delay. Inasmuch as the amount of damage is extremely difficult to ascertain, the supplier agrees to compensate the City in the amount of $100.00 per calendar day beyond the delivery date specified. This amount shall be fixed as liquidated damages that the City will suffer by reason of such delay, and not as a penalty. The City shall have the right to deduct and retain the amount of such liquidated damages from any monies due the supplier. The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution, and that are entirely beyond the control and without the fault or negligence of the supplier, including, but not limited to, acts of God or the public enemy, war or other national emergency making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines, or freight embargoes. INSURANCE: The suppliers General Liability and Workers Compensation Insurance Certificates are recorded in the City Administrative Officer's Risk Management Track4LA database. REPRESENTATIVE SAMPLE TESTING: Representative samples may be taken from each delivery and tested for compliance with specifications. Testing costs will be paid by the City for samples that comply. If samples do not comply with requirements, the expense of testing will be charged to the supplier, and delivery will be rejected. The supplier will be required to pick up the rejected material and to make a new delivery within 5 days of notification by the City. Notification will be made by the most effective means to the supplier's designated representative. SALES/USE TAX PAID DIRECTLY TO STATE: Since the supplier has not indicated it has a permit to collect California State sales tax, the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier. EXHIBIT B City of Los Angeles Supply Contract 59680 - Amendment 10 Slurry, Premix R.E.A.S. City of Los Angeles Purchasing Agent 111 E 1ST STREET ROOM 110 LOS ANGELES CA 90012 CITY OF LOS ANGELES ANNUAL REQUIREMENTS CONTRACT Contract Number Description RFQ Number ARC 40 59680 16 Slurry, Premix R.E.A.S. Contract Dates Payment Terms Delivery Days ARO 12-19-22 to 12-31-23 1 % Net 30 1 Central Purchasing Vendor Bill To Contact: Martha Medina 000034616 City of Los Angeles Phone: (213) 928-9536 PETROCHEM MATERIALS Supply Svcs., Accounts Payable E-mail: Martha. Medina@lacity.org INNOVATION,LLC 555 Ramirez St., Space 312 6168 INNOVATION WAY Los Angeles CA 90012 CARLSBAD, CA 92009 Reason for Modification Amendment 10 extend 1 yr 12/31/2023 add items, mmm Renewal Period Options IOntion Effective Date Expiration Date Line Items Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 1 30121601 Premix, Rubberized Emulsion GLL $2.8400 Aggregated Slurry, Type I Extended Description: Premix, Rubberized Emulsion, Aggregate Slurry, Type I Slurry made in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. Prices reflect asphalt prices at 1/1/2016 to $355/ton (liquid) 2 30121601 Premix, Rubberized Emulsion GLL $2.3400 Aggregated Slurry, Type II Extended Description: Premix, Rubberized Emulsion, Aggregate Slurry, Type II: All in accordance with Standard Specifications for Public Works Construction 2012 Edition, Sections 203-3.4.4 to 203- 5.54, 302-4.6.4.1 to 302-5.1 and GSD/BSS Specifications for Modified Asphalts, Pavements and Processes, as well as any changes or updates going forward. 3 30121601 Premix, Rubberized Emulsion GLL $2.3400 Aggregated Slurry, Type III *** THIS LINE IS NOT ACTIVE *** Extended Description: Premix, Rubberized Emulsion Aggregated Slurry, Type III ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 4 30121400 Service, Regular Time Labor only HUR $95.0000 (application of Central Pla Extended Description: SERVICE, LABOR, PER PERSON: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Regular rate: $ 95.00 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 5 30121400 Service, Overtime Labor only HUR $142.0000 (application of Central Plant M Extended Description: SERVICE, LABOR, PER PERSON: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Overtime rate: $ 142.50 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 6 721417 Rental, Service/Haul Trucks (Bare) DAY $200.0000 Extended Description: Rental, Service/Haul Trucks (Bare) DAILY, WEEKLY & MONTHLY RENTAL RATES: (Bare) Daily: $200.00 Minimum rental time: 1 Day Number of units available: 9 7 721417 Rental, Application Trucks (Bare). HUR $252.0000 Extended Description: APPLICATION TRUCKS: (Bare) HOURLY RENTAL RATES: Within the City of Los Angeles, City Limits Hourly: $252.00 Overtime: $252.00 Sunday/Holiday: $252.00 "Minimum rental time: 4 Hours" Number of units available: 22 APPLICATION TRUCKS: (Bare) HOURLY RENTAL RATES: NOT Within the City of Los Angeles, City Limits Hourly: $252.00 8 721417 Job Tankers, for delivery of Premix, EA $550.0000 R.E.A.S in trailer moun Extended Description: Job Tankers, for delivery of Premix, R.E.A.S. in trailer mounted 4,000 gallon tank to any location within the City of Los Angeles. JOB TANKER: As needed Delivery of Premix, R.E.A.S in trailer mounted 4,000 gallon tank to any location within the City of Los Angeles. $600 Per Load 9 301216 Asphalt Binder, Heavy Traffic, STN $800.0000 Structurally Modified Binder Extended Description: Heavy Traffic Binder: Structurally Modified Binder PG 76-10 (City of Los Angeles Custom Mix) Specifications as called in Attachment B of EV 4672, as provided by GSD Bureau of Standards. ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 10 78121603 Delivery, Trucking to AP1 Asphalt STN $17.0000 Binder, PG 76-10 Extended Description: Delivery, Trucking to Asphalt Plant 1 of Asphalt Binder, Heavy Traffic, Structural Modified PG -10 (City of Los Angeles Custom Mix). Delivery, Trucking to Asphalt Plant I of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG -10. 11 78121603 Delivery, Trucking - AP2, Asphalt STN $19.0000 Binder, PG 76-10 Extended Description: Delivery, Trucking to Asphalt Plant II Asphalt Binder, Heavy Traffic, Structural Modified PG -10 (City of Los Angeles Custom Mix). Delivery, Trucking to Asphalt Plant II of Custom Blend, Heavy Traffic Asphalt Binder, Structural Modified PG 10. 12 721417 Rental, of Job Tankers, for Delivery of SMI $3.0000 Premix, R.E.A.S. not Extended Description: Rental, of Job Tankers, for Delivery of Premix, R.E.A.S. not within the City of L.A., (price to include delivery fee and mileage from PMI's shipping Plant). For any location outside the City of L.A., delivery change from PMI Shipping Plant $3.00 per mile ($600.00 Minimum) For any location outside the City of L.A., delivery change from PMI Shipping Plant$3.00 per mile ($600.00 Minimum) 13 301216 Fine Aggregate Slurry Mix: Premixed GILL $3.0000 REAS. Extended Description: Fine Aggregate Slurry Mix: Premixed REAS. Specifications as called in Attachment B of EV 4672, as provided by GSD Bureau of Standards. 14 721417 Pump Rental, Specialized Slurry DAY $500.0000 Pump, (pump capable of 250 Extended Description: Pump Rental, Specialized Slurry Pump. (Pump capable of 250 gallons centralized mix slurry/minute). DAILY RENTAL RATES: Daily: $500.00 Minimum rental time: 1 day Number of units available: 12 15 78121603 Delivery, Trucking (common carrier) STN $17.0000 AP1, Asphalt, Hvy Bndr Extended Description: Delivery, Trucking (common carrier) to Asphalt Plant I of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix) Note* Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment. 16 78121603 Delivery, Trucking (common carrier) to STN $19.0000 AP2 of Asphalt, Heavy Extended Description: Delivery, Trucking (common carrier) to Asphalt Plant II of Asphalt, Heavy Traffic Binder, (City of LA Custom Mix). Note* Please include Proof of Delivery/Bill of Lading from common carrier trucking along with their invoice to ensure prompt payment. ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 17 721116 Plant Opening EA $1,500.0000 Extended Description: Plant Opening: For, Saturday, Sunday or Holidays Saturday $ 1,500 Sunday $ 1,500 Holiday $ 1,500 18 801116 Per Diem for Los Angeles. DAY $150.0000 Extended Description: Per Diem for Temp Los Angeles personnel 19 721417 Rental, Storage Tank Portable for DAY $1,000.0000 Jobsite Work. Extended Description: Rental, Storage Tank Portable for Jobsite Work. PORTABLE STORAGE TANK RENTAL: DAILY, RENTAL RATES: Daily: $ 1,000.00 Minimum rental time: 1 Day Number of units available: 5 20 721417 Rental, Slurry Box DAY $250.0000 Extended Description: SLURRY BOX RENTAL: DAILY, RENTAL RATES: Daily: $ 250.00 Minimum rental time: 1 Day Number of units available: 5 21 721417 Rental, Delivery, Tanker - Bare, each EA $200.0000 load. Extended Description: TANKER (Bare) DELIVERY, RENTAL: DAILY, RENTAL RATES: $ 200.00 per load Number of units available: 28 22 801116 Labor, Posting & Notifying Affected HUR $0.0100 Traffic Disruptions *"* THIS LINE IS NOT ACTIVE *** Extended Description: NOTE: THIS LINE IS BEING REPLACED BY LINES 26 (REG.RATE) & LINES 27 (OVERTIME RATE) LABOR: Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Regular rate: $95.00 Overtime rate: $142.50 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 23 551215 Hangtag/Doorknob Notices of Affected EA $0.3000 Traffic Disruptions Extended Description: HANG TAG NOTICES: $0.30 Per Hang Tag Notice $300.00 Minimum per job = (1,000 hang tags) 24 55121710 Traffic Control, To furnish, place/ DAY $1,500.0000 maintain traffic signage, Extended Description: Traffic Control, To furnish, place/maintain traffic signage, excluding electronic, of affected areas, (NO LABOR INVOLVED). 25 721417 Rental, Sweeper, Mobile Units.(only if HUR $0.0100 no showCity Sweeprs) *** THIS LINE IS NOT ACTIVE *** Extended Description: NOTE: THIS LINE IS BEING REPLACED BY LINES 28 (REG.RATE), LINES 29 (OVERTIME RATE) & LINES 30 (SUNDAY & HOLIDAY) HOURLY RENTAL RATES: Regular Rate Hourly: $ 200.00 Overtime Rate Hourly: $ 300.00 Sunday/Holiday Rate Hourly: $ 400.00 Minimum rental time: 8 Hours Number of units available: 2 26 801116 Labor, Reg .Rate, Posting & Notify HUR $95.0000 Affected TrafficDisrupt Extended Description: NOTE: THIS LINE IS REPLACEMENT FOR LINES 22 (REG.RATE)LABOR: Labor, Posting and Notifying of Affected Traffic Disruptions Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Regular rate: $95.00 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 27 801116 Labor, Ovrtim a Rate, Posting & Notify HUR $142.5000 Affected Traffic Extended Description: NOTE: THIS LINE IS REPLACEMENT FOR LINES 22 (Overtime Rate) LABOR: Labor, Posting and Notifying of Affected Traffic Disruptions Labor for work performed in accordance with the RFQ/Contract specifications and requirements attached. Overtime rate: $142.50 Labor rates shall be subject to change in accordance with the applicable prevailing wage, living wage, or minimum wage, and upon supplier's written notification to the Purchasing Agent. 28 721417 Rental, Sweeper, Mobile Unit, Regular HUR $200.0000 rate Extended Description: NOTE: THIS LINE REPLACES LINES 25 (REG.RATE), Rental, Sweeper, Mobile Units, to be used "only" should City Sweepers not show up. HOURLY RENTAL RATES: Regular Rate Hourly: $ 200.00 Minimum rental time: 8 Hours Number of units available: 2 ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 29 721417 Rental, Sweeper, Mobile Units, HUR $300.0000 Overtime Rate. Extended Description: NOTE: THIS LINE REPLACES LINES 25 (OVERTIME RATE) Rental, Sweeper, Mobile Units, to be used 'only" should City Sweepers not show up. HOURLY RENTAL RATES: Overtime Rate Hourly: $ 300.00 Minimum rental time: 8 Hours Number of units available: 2 30 721417 Rental, Sweeper, Mobile Units, Sunday/ HUR $400.0000 Holiday Rate. Extended Description: NOTE: THIS LINE REPLACES LINES 25 (Sunday & HOliday RATE) Rental, Sweeper, Mobile Units, to be used 'only" should City Sweepers not show up. HOURLY RENTAL RATES: Overtime Rate Hourly: $ 400.00 Minimum rental time: 8 Hours Number of units available: 2 31 30121601 1781 Slurry, Pilot Program GLL $2.1100 Extended Description: Pilot Program: 1781 Slurry 32 30121601 Cold in Place Recycling, CIR, Pilot GLL $3.6500 Program Extended Description: Pilot Program: CIR 33 30121601 Reclaimed Asphalt Pavement RAP, GLL $2.0100 Central Mixed Slurry, Pilot Extended Description: Pilot Program: Reclaimed Asphalt Pavement RAP, Centrally Mixed Slurry 34 30121601 Emulsion, Cold Patch, Modified GLL $3.6500 Emulsion, Pilot Program Extended Description: Pilot Program: Emulsion Cold Patch, Modified Emulsion 35 30121601 Premix, REAS, Type II (76-22 Binder) GLL $2.3500 Extended Description: Premix, Rubberized Emulsion Aggregate Slurry, Type II(76-22 Binder) 36 30121601 1781 -LA (76-22 Binder) GLL $2.3000 Extended Description: 1781 -LA (76-22 Binder) 37 721417 Rental, Pneumatic Rubber Tire Roller DAY $500.0000 Extended Description: Rental, Pneumatic Rubber Tire Roller 38 78121603 Delivery Fee, Job Trailer for delivery of EA $600.0000 Equipment Extended Description: Delivery Fee, Job Trailer for delivery of Equipment to any location within the City of Los Angeles 39 30121601 Asphalt Rubber Binder (delivered) STN $975.0000 Extended Description: Asphalt 40 30121601 3/8" Pre -coated Chip (delivered) STN $105.0000 Extended Description: Asphalt 41 801116 Operating Engineer (regular time) HUR $125.0000 Extended Description: Temporary personnel services 42 801116 Operating Engineer (Overtime) HUR $156.5000 Extended Description: Temporary personnel services 43 3012 Chip Spreader (Bare) DAY $1,500.0000 Extended Description: Roads and landscape ARC 40 59680 16 Page Line Commodity Code CL Description UOM Unit Price Markdown % Markup % 44 721417 Chip Spreader (Bare) DAY $1,500.0000 Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES 45 721417 Steel Drum Roller (Bare) DAY $500.0000 Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES 46 721417 Chip Spreader (delivery) DAY $600.0000 Extended Description: CONSTRUCTION MACHINERY AND EQUIPMENT RENTAL OR LEASING SERVICES Authorized By ARC 40 59680 16 Page Annual Requirements Contract Clauses, Terms, and Conditions Line Item Provisions Clauses and Comments on PDF Document Provisions Section intentionally left blank. Supporting Documents CONTRACT COMMENTS ARC 40 59680 16 Page Document ID Document Phase Document Description FOP e 9 59680 Final Slurry, Premix R.E.A.S. 2 INTENTIONALLY LEFT BLANK TO ADD CLAUSES AND COMMENTS. Proci E -m, Document 10 Doc %hent Phase Doc me f De cript' n Page rement Analyst: Marti Meudina Pione�lum�er: 213-928-9536 10 i qse cress: Martha -Me ' a@lacity.org S1U4,v #akERU3-928-9511 of 12 Requirements Contract for: **Slurry, Pre -Mix R.E.A.S. ** Award No. 59680 Payment Terms: 1.88% net 30 days Delivery: 1 Days ARO RFQ No.:EV4672 Previous Contract: 59180 Renewal Options: 5 Option Date 1 =--/--/-- Option Date 2 =--/--/-- Option Date 3 = --/--/-- Options Granted: 0 Option Date 4 =--/--/-- Option Date 5 = --/--/-- You are hereby notified of the award of this contract with the City of Los Angeles in accordance with RFQ Number EV4672, to furnish the City's annual requirements for the items and/or services identified in this document. The entire RFQ (including Attachment A and specifications) or any items thereof, addendums, and general conditions comprise the contract. The Quotation document signed by the appropriate contractor and by duly authorized City officials is on file in the Purchasing Agent's office. NOTE: SALES TAX WILL BE ADDED AT TIME OF ORDER. The following listed item(s) cover the only product(s) or service(s) approved for purchase under this contract. Products or services requested by the City and not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment. SUPPLIER CONTACT: Contact Person: Frank B. Hoffman, Title: C. F. O. Telephone No.: 760-603-0961 Fax No.: 760-603-0962 E -Mail Address: frank@pmitechnology.com 24 Hour Contact No.: 760-271-0197 CONTRACT PURCHASE ORDERS: Contract Purchase Orders will be issued during the contract period for materials or services as required. Supplier shall deliver no goods or services until a City department issues a Contract Purchase Order. APPROVED CONTRACT ITEM PURCHASES: The listed items cover the only products approved for purchase under this contract. The City of Los Angeles will not pay any invoice covering the delivery of any merchandise that is not explicitly authorized by this contract. Any products requested by the City not listed in the contract require a separate City Purchase Order in order for the supplier to receive payment. RENEWAL OPTION: The City reserves the right to renew this contract for 5 additional one (1) year period(s). All renewals shall be on an annual basis and under the same terms and conditions of the original contract. ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS: Unit Prices for each line item shall be fixed for one year from the contract start date. On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments. Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier. Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time. The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City. Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility bills,�Iha!111—siateeach affecoc�frrie,�t ID Document Phase Document Description . Wage reig t ills, payroll records, etc. The request the percentage increase and the revise p{�ce fo f�ntr No increases will be granted without prior approval of the City Purchasing Agent.ESTIMATED EXPENDITURES AND THRESHOLD ADJUSTMENT: Total expenditures for the life of this contract, including the initial term and all renewals or extensions, are estimated to be $67,788,010. No guarantee can be given that this total will be reached or that it will not be exceeded. Supplier agrees to furnish more or less in accordance with actual contract requirements. AUTHORIZED DISTRIBUTOR/DEALER: The supplier indicates it is an authorized factory distributor/dealer for the manufacturer quoted, or has provided a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by the City for equipment, parts, and/or materials provided by the supplier. The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely and efficient manner. This responsibility includes replacing incorrect or defective parts, trouble shooting, and correcting problems that are traceable to the manufacturer. ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS: Unit Prices for each line item shall be fixed for one year from the contract start date. On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments. Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier. Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time. The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City. Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility bills, freight bills, payroll records, etc. The request shall state the percentage increase and the revised price for each affected contract item. No increases will be granted without prior approval of the City Purchasing Agent. LIQUIDATED DAMAGES FOR LATE DELIVERY: Delivery delays beyond the Contract/Purchase Order delivery date will result in added expense to the City. The City of Los Angeles shall be paid damages for such delay. Inasmuch as the amount of damage is extremely difficult to ascertain, the supplier agrees to compensate the City in the amount of $100.00 per calendar day beyond the delivery date specified. This amount shall be fixed as liquidated damages that the City will suffer by reason of such delay, and not as a penalty. The City shall have the right to deduct and retain the amount of such liquidated damages from any monies due the supplier. The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution, and that are entirely beyond the control and without the fault or negligence of the supplier, including, but not limited to, acts of God or the public enemy, war or other national emergency making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines, or freight embargoes. INSURANCE: The suppliers General Liability and Workers Compensation Insurance Certificates are recorded in the City Administrative Officer's Risk Management Track4LA database. act item. Final slurry, Premix R.E.A.S. p� �� bills,�Iha!111—siateeach affecoc�frrie,�t ID Document Phase Document Description . Wage reig t ills, payroll records, etc. The request the percentage increase and the revise p{�ce fo f�ntr No increases will be granted without prior approval of the City Purchasing Agent.ESTIMATED EXPENDITURES AND THRESHOLD ADJUSTMENT: Total expenditures for the life of this contract, including the initial term and all renewals or extensions, are estimated to be $67,788,010. No guarantee can be given that this total will be reached or that it will not be exceeded. Supplier agrees to furnish more or less in accordance with actual contract requirements. AUTHORIZED DISTRIBUTOR/DEALER: The supplier indicates it is an authorized factory distributor/dealer for the manufacturer quoted, or has provided a formal Letter of Certification from the manufacturer, stating that the manufacturer will honor any warranty claims by the City for equipment, parts, and/or materials provided by the supplier. The manufacturer will be responsible for any default of the supplier that is not corrected by the supplier in a timely and efficient manner. This responsibility includes replacing incorrect or defective parts, trouble shooting, and correcting problems that are traceable to the manufacturer. ANNUAL PRICE ADJUSTMENT FOR LONG TERM FIXED PRICE CONTRACTS: Unit Prices for each line item shall be fixed for one year from the contract start date. On contract anniversaries and renewals, unit prices may be adjusted for the next year in accordance with manufacturer's published price adjustments. Any price adjustments shall be mutually agreed upon by the City Purchasing Agent and the supplier. Price increases will not exceed a reasonable amount, supported by written documentation as indicated in the paragraph below and as determined by the City Purchasing Agent, for any price adjustment. Price reductions may be issued at any time. The City reserves the right to terminate contract without further obligation by either party in event price increases are not acceptable. Escalating factors will not be automatically granted. Requests for price increases shall be in writing and accompanied by each manufacturer(s) price list(s) with appropriate supporting documents acceptable to the City. Such documents shall include, but not be limited to manufacturer/distributor/dealer invoices, insurance bills, utility bills, freight bills, payroll records, etc. The request shall state the percentage increase and the revised price for each affected contract item. No increases will be granted without prior approval of the City Purchasing Agent. LIQUIDATED DAMAGES FOR LATE DELIVERY: Delivery delays beyond the Contract/Purchase Order delivery date will result in added expense to the City. The City of Los Angeles shall be paid damages for such delay. Inasmuch as the amount of damage is extremely difficult to ascertain, the supplier agrees to compensate the City in the amount of $100.00 per calendar day beyond the delivery date specified. This amount shall be fixed as liquidated damages that the City will suffer by reason of such delay, and not as a penalty. The City shall have the right to deduct and retain the amount of such liquidated damages from any monies due the supplier. The supplier shall be entitled to a reasonable extension of time for unavoidable delay in delivery due to causes not reasonably foreseeable by the parties at the time of the Contract/Purchase Order execution, and that are entirely beyond the control and without the fault or negligence of the supplier, including, but not limited to, acts of God or the public enemy, war or other national emergency making delivery temporarily impossible or illegal, acts or omissions of other suppliers, strikes and labor disputes not brought on by any act or omission of the supplier, fire, flood, epidemics, quarantines, or freight embargoes. INSURANCE: The suppliers General Liability and Workers Compensation Insurance Certificates are recorded in the City Administrative Officer's Risk Management Track4LA database. REFS Repr %0SCWR IO E SAM TIV Lf WRTt Phase NG Document Description Page 12 ma five samples may lam,&sken from each del swWp4 est nJ&Qjscompliance with specificatio 6f ftsti costs will be paid by the City for samples that comply. If samples do not comply with requirements, the expense of testing will be charged to the supplier, and delivery will be rejected. The supplier will be required to pick up the rejected material and to make a new delivery within 5 days of notification by the City. Notification will be made by the most effective means to the supplier's designated representative. SALES/USE TAX PAID DIRECTLY TO STATE: Since the supplier has not indicated it has a permit to collect California State sales tax, the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier. REPRESENTATIVE SAMPLE TESTING: Representative samples may be taken from each delivery and tested for compliance with specifications. Testing costs will be paid by the City for samples that comply. If samples do not comply with requirements, the expense of testing will be charged to the supplier, and delivery will be rejected. The supplier will be required to pick up the rejected material and to make a new delivery within 5 days of notification by the City. Notification will be made by the most effective means to the supplier's designated representative. SALES/USE TAX PAID DIRECTLY TO STATE: Since the supplier has not indicated it has a permit to collect California State sales tax, the City will pay use tax directly to the State of California. No sales tax will be paid to the supplier. OTHER GOVERNMENT AGENCY PURCHASES: Other government agencies may make purchases using the prices, terms and conditions of this contract. CITY OF LOS ANGELES C A L I F O R N I A TONYM. ROYSTER GETF33AL M AND CITY PURC•{AS NG AGAR December 19, 2022 Petrochem Manufacturing, Inc. 6168 Innovation Way Carlsbad, CA 92009 KARENBASS MAYOR DEPARTMENT CF GENERALSERVICES R7CM 701 CITY HALL SOUTH 111 EAST FIRST STREET Los ANGELES. CA 90012 (21 3) 928-9555 FAX NO. (21 3) 928-951 5 SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59680 -AMENDMENT 10 SLURRY PREMIX REAS. The subject contract is hereby extended to December 31, 2023 The following items are being added, effective 01/01/2023: Line# Description Price 39 Asphalt Rubber Binder (Delivered) $975/Ton 40 3/8" Precoated Chip (Delivered) $105/Ton 41 Operating Engineer (Regular Time) $125.00/Hour 42 Operating Engineer (Overtime) $156.50/Hour 43 Chip Spreader (Bare) $1,500.00/Day 44 Distributor Truck (Bare) $2,000.00/Day 45 Steel Drum Roller (Bare) $500.00/Day 46 Chip Spreader (Delivery) $600/Each This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into . pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures. "" AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER `� Cont.ARC 59680, Amendment 10 - 2 - 12/19/2022 All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Martha Medina, at 213-928-9536, or via e-mail to Martha.Medina@Iacity.org. Tony M. Royster f General Manager all City Purchasing Agent By: i Sup y Services Manager Approved as to Form Hydee Feldstein Soto City Attorney By: A4 Q� Kimbqlfy D. Miera Deputy City Attorney EXHIBIT C City of Los Angeles Supply Contract 59680 - Amendment 11 Slurry, Premix R.E.A.S. CITY OF LOS ANGELES CALIFORNIA TONY M. ROYSTER GENERAL MANAGER AND CITY PURCHASING AGENT February 14, 2023 Petrochem Manufacturing, Inc. 6168 Innovation Way Carlsbad, CA 92009 yo q E c^ i q i� 'Ltlr��JJfJ. NDE KAREN BASS MAYOR DEPARTMENT OF GENERAL SERVICES ROOM 701 CITY HALL SOUTH 1 1 I EAST FIRST STREET LOS ANGELES, CA 90012 (213) 928-9555 FAX No. (213) 928-9515 SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59680 —AMENDMENT 11 SLURRY, PREMIX R.E.A.S. The following price changes are effective 02/13/2023: Line # Description Old Price New Price 4 Service, Regular Time, Labor Only, Per Person 5 Service, Overtime, Labor Only, Per Person 18 Per Diem for Los Angeles Personnel 26 Labor, Regular Rate, Labor, Posting & Notify of Affected Traffic Disruptions 27 Labor, Overtime Rate, Labor, Posting & Notify of Affected Traffic Disruptions 28 Rental, Sweeper, Mobile Unit, Regular Rate The following items are being added effective 02/13/2023: $ 95.00/hour $110.00/hour $142.50/hour $161.50/hour $150.00/day $256.00/day $ 95.00/hour $110.00/hour $142.50/hour $161.50/hour $200.00/hour $300.00/hour Line # Description Price 47 Traffic Control Plans $200.00/each 48 Traffic Control, Changeable Message Signs $225.00/each This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into . pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures. All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Martha Medina, Procurement Analyst, at 213-928- 9536 or via e-mail Martha.Medina@lacity.org. " �-'' AN EQUAL EMPLOYMENT OPPORTUNITY — AFFIRMATIVE ACTION EMPLOYER 59680, Amendment 11 - 2 - 2/16/2023 Tony M. Royster 70N General Manager and City Purchasing Agent By: flTAL Supply Servic s M ger Approved as to Form Hydee Feldstein Soto City Attorney By: Kimber/A. Miera Deputy City Attorney EXHIBIT D City of Los Angeles Supply Contract 59680 - Amendment 12 Slurry, Premix R.E.A.S. TONY M.ROYSTER GENERAL MANAGER AND CITY PURCHASING AGENT March 24, 2023 CITY OF LOS ANGELES CALIFORNIA KAREN BASS MAYOR DEPARTMENT OF GENERAL SERVICES ROOM 701 CITY HALL SOUTH 1 1 1 EAST FIRST STREET LOS ANGELES, CA 90012 (213) 928-9555 FAX NO. (213) 928-9515 Petrochem Manufacturing, Inc. 6168 Innovation Way Carlsbad, CA 92009 SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59081 —AMENDMENT 12 SLURRY. PREMIX R.E.A.S. The following price changes are effective 03/20/2023: Line # Description Old Price New Price 1 Premix REAS Type 1 $2.84 $2.67 2 Premix REAS Type II $2.34 $2.22 3 Premix REAS Type III $2.34 $2.22 This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into . pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures. All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Martha Medina, Procurement Analyst, at 213-928- 9536 or via e-mail Martha.Medina@lacity.org. Tony M. Royster General Manager and City Purchasing Agent 0 Supply Services Manager Approved as to Form Hydee Feldstein Soto City Attorney Kimberly D. Miera Deputy City Attorney S4"41 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER EXHIBIT E City of Los Angeles Supply Contract 59680 - Amendment 13 Slurry, Premix R.E.A.S. CITY OF LOS ANGELES CALIFORNIA TONY M. ROYSTER GENERAL MANAGER AND CITY PURCHASING AGENT April 3, 2023 Petrochem Manufacturing, Inc. 6168 Innovation Way Carlsbad, CA 92009 �'•C�,• L..°�- Ate•.. N)E KAREN BASS MAYOR DEPARTMENT OF GENERAL SERVICES ROOM 701 CITY HALL SOUTH 1 I I EAST FIRST STREET LOS ANGELES, CA 90012 (213) 928-9555 FAX No. (213) 928-9515 SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59680 —AMENDMENT 13 SLURRY. PREMIX R.E.A.S. The following items are being added effective 04/3/2023: Item # Description Price 49 Planer/Grinder attachment, Bobcat. Delivery included $1950.00/day This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into . pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures. All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Martha Medina, Procurement Analyst, at 213-928- 9536 or via e-mail Martha.Medina@lacity.org. Tony M. Royster� Approved as to Form General Manager and Hydee Feldstein Soto City Purchasing Agent City Attorney is Supply Services Manager in Kimberly D. Miera Deputy City Attorney ml�f!3_1 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER EXHIBIT F TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Michael Henderson, Chief of Police SUBJECT: Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) SUMMARY OF REQUEST: That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. BACKGROUND AND ANALYSIS: The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC) is to facilitate the integration and sharing of criminal justice information/data. ILJAOC is a joint powers authority created by the member agencies. The current agreement between the City of Seal Beach and ILJAOC has been in effect since January of 2014. The current members of ILJAOC are: Anaheim, Fountain Valley, La Palma, Santa Ana, Brea, Fullerton, Laguna Beach, Seal Beach, Buena Park, Garden Grove, Los Alamitos, Superior Court of CA - County of Orange, Costa Mesa, Huntington Beach, Newport Beach, Tustin, County of Orange, Irvine, Orange, Westminster, Cypress, La Habra, Placentia, University of CA - Irvine Police Department, California State University - Fullerton Police Department. These members work in concert to share critical information as it pertains to criminal matters within the county. This group has served a vital role for the City of Seal Beach providing timely and critical threat assessments related to special events and/or protests in the community. They have provided additional resources when requested to aide with crime trends and crime prevention. The proposed amendments to the ILJAOC joint powers agreement are procedural in nature. They clarify the voting membership of the member agencies, the process for selecting Agenda Item G board members and alternates, and the role of member agencies without voting board members. In addition, the amended agreement would confirm the agency's ability to retain legal counsel and authorize non -mayors to sign the joint powers agreement by digital signature. This agreement will continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. 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: This is not a budgeted item given that all fees are automatically deducted from fine revenue collected by the County. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. SUBMITTED BY: NOTED AND APPROVED: 9Vlichaefffendderson Michael Henderson , Chief of Police Prepared by: Michael Ezroj, Operations Captain ATTACHMENTS: Tiff X.Ingram Jill R. Ingram, City Manager A. Resolution 7434 B. ILJAOC Agreement C. ILJAOC Letter to City of Seal Beach D. ILJAOC Staff Report for Recommended Amendments Page 2 RESOLUTION 7434 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) WHEREAS, the City of Seal Beach is a Member Agency of the ILJAOC, a joint powers authority, and is a party to the Joint Powers Agreement for integrated Law & Justice Agency for Orange County ("Agreement"); and, WHEREAS, the City of Seal Beach previously entered into the Agreement in 2015 and remains an active participant in ILJAOC.; and, WHEREAS, the member agencies of ILJAOC joined together to establish, operate, and maintain a separate agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and, WHEREAS, the member agencies of ILJAOC propose to amend the Agreement in order to clarify the agency's voting membership and selection of board members and alternates, among other clarifying amendments. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This Agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves. Section 2. The City Council hereby authorizes the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the August 14th, 2023 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, 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 7434 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August 2023. Gloria D. Harper, City Clerk RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) This Amended Joint Powers Agreement (Agreement) is made and entered into by and between the listed cities, other entities, and County of Orange listed below, collectively referred to as "Member Agencies". This Amendment to the Agreement is dated October 24, 2022 for reference purposes. Member Agencies Anaheim Fountain Valley La Palma Santa Ana Brea Fullerton Laguna Beach Seal Beach Buena Park Garden Grove Los Alamitos Superior Court of CA, County of Orange Costa Mesa Huntington Beach Newport Beach Tustin County of Orange Irvine Orange Westminster Cypress La Habra Placentia University of CA, Irvine Police Department California State University, Fullerton Police Department RECITALS WHEREAS, the Member Agencies entered into an Agreement entitled "Joint Powers Agreement for Integrated Law & Justice Agency for Orange County" originally dated September 3, 2008 to create the Integrated Law and Justice Agency for Orange County; and WHEREAS, the Member Agencies previously restated and amended said Joint Powers Agreement on June 8, 2015; and 1 WHEREAS, the Member Agencies desire to restate and amend said Joint Powers Agreement; and WHEREAS, the Member Agencies have and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and WHEREAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and WHEREAS, the Member Agencies anticipate that from time to time it may be necessary to amend this Agreement and/or consider adding new Member Agencies; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: PURPOSE 1.01 The purpose of the Integrated Law and Justice Agency for Orange County ILJ( AOC) is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information/data in the manner set forth in this Agreement. 1.02 Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the ILJAOC created herein, shall not have authority to impair or control any of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall E any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency's current operational costs, or which requires them to modify their non-ILJAOC systems or services, without their consent and full cost reimbursement from other Member Agencies or other revenue sources. 1.03 Each Member Agency expressly retains all rights and powers to use other funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their information services. Nothing in this Agreement shall be construed to require a Member Agency (i) to disclose any information that the Member Agency determines, in its sole discretion, it does not have the ability or authority to disclose, or (ii) to do any act that the Member Agency determines, in its sole discretion, is contrary to law or public policy. 1.04 The ILJAOC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, criminal history, and current justice status. In addition, it is intended to a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the Board or the individual agency affected. b) Reduce redundant document preparation, data entry, transmission, and storage. c) Strive to identify and achieve common interests to enhance public safety and due process. d) Maintain individual privacy rights, preserve protections agencies have for public records and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the Orange County Integrated Law & Justice Strategic Plan 3 ("Strategic Plan") adopted by the Orange County Chiefs & Sheriff's Association in April 2001, and any amendments to that plan as approved by a majority vote of the Board. f) Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. g) Acknowledge that each Member Agency is responsible for internal agency security for their records, technical support, etc. h) Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member. i) Allow the Member Agencies to work together to implement the adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort. 1.05 Member Agencies are not required to seek approval from the ILJAOC to purchase, install, or modify their own (non-ILJAOC owned) equipment, services, or work performed in conjunction with any legislative mandate/authority granted to or required of Member Agencies in order to carry out their respective responsibilities. Furthermore, the ILJAOC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and/or providing their own (non-ILJAOC owned) resources or services to other entities, which may or may not be members of or served by the ILJAOC. Any changes to software or additional hardware that have been integrated into a Member Agency's existing infrastructure as part of a requirement to implement the initiatives approved by the ILJAOC Governing Board will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the ILJAOC. M 1.06 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modifications do not inhibit the exchange of offender data and systems implemented and/or funded by the prior action of the ILJAOC. Notwithstanding anything to the contrary herein, a Member Agency shall have no obligation to seek approval from the ILJAOC for any modification to that Member Agency's internal systems or processes that is mandated by the State, or by any law or regulation governing the affected Member Agency. 1.07 In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with all applicable laws, rules, and regulations. CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY 2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law & Justice Agency for Orange County ("ILJAOC") The Member Agencies may agree on a different name for the ILJAOC. 2.02 The ILJAOC shall possess in its own name, and the Member Agencies delegate to it, the following enumerated powers: a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and/or dispose of supplies and equipment to carry out the implementation of the Strategic Plan and any adopted amendments to that plan. b) To receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity. c) To sue and be sued in its own name. 5 d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To appoint committees, adopt rules, regulations, policies, by-laws, and procedures governing the operation of the ILJAOC. f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board in accordance with the terms of this Agreement. g) To execute agreements and resolutions consistent with the terms of this Agreement. h) To appoint/hire officers, employees, and/or agents. 2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Government Code section 6500, et seq., and, except as expressly set forth herein, the Treasurer/Controller shall be subject to the restrictions upon the manner of exercising such powers as are imposed upon the Member Agency whose employee or officer is designated as the ILJAOC Treasurer/Controller pursuant to Section 3.12 below. The Member Agency's Treasurer/Controller appointed by the Governing Board shall serve a minimum three-year term at the discretion of the Board, so as to minimize any disruptions in carrying out his/her responsibilities. 2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled by the ILJAOC as its sole and separate property and not as property of any Member Agency. 2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and its debts, obligations, and liabilities shall be its own and not that of the Member Agencies, except as specifically provided for herein. 0 III ORGANIZATION 3.01 The membership of the ILJAOC shall be the original Member Agencies, and any additional Agencies whose admission is unanimously approved, in accordance with the terms of this Agreement, by the ILJAOC Governing Board, but shall exclude any Agencies that have opted to withdraw. 3.02 The ILJAOC shall be governed by a voting Board consisting of six (6) Member Police Chiefs, each elected for a three-year term by the Orange County Chiefs' & Sheriff's Association to represent those Member Agencies with Police Departments. The Orange County Chiefs' & Sheriff's Association shall also designate one alternate Member Police Chief to serve as a voting member in the event less than six voting Board Members are present when a vote is called. In addition to the Police Chief representatives, other voting members of the Board will be the Sheriff, the District Attorney, the Chief Probation Officer, the Public Defender, one (1) representative from the Orange County Executive's Office, who will serve at the County of Orange CEO's pleasure, the Presiding Judge of the Orange County Superior Court, the Chief Executive Officer of the Orange County Superior Court, and three (3) City Manager representatives, who shall be elected for a minimum of three- year terms by the Orange County City Managers Association, with at least one (1) of those City Manager representatives being from a "contract city" in the County. Each Board member, or in the absence of a Board member, an alternate designated in advance by each said Board Member, shall have one vote on all matters before the Board. Such alternate members may be replaced from time -to -time at the appointing Board Member's discretion. All non -elected Board Members may be removed with or without cause by their respective appointing authorities. 3.03 Each Board Member, with the exception of the Sheriff, District Attorney, and Public Defender, shall designate at least one alternate and no more than two alternates to attend meetings and vote on behalf of the Board Member's respective Member Agency. The Sheriff, District Attorney, and Public Defender shall each designate at least one alternate 7 and no more than three alternates to attend meetings and vote on behalf of the Board Member's respective Member Agency. 3.04 The representatives of non-voting Member Agencies shall be permitted to engage in discussion of agenda items with voting Board Members, including the time period after a motion has been made and before a vote is taken, and shall not be considered members of the public at any ILJAOC meeting for purposes of public comment. 3.05 Each voting Board member shall hold office until a successor is selected, elected, hired or appointed under the powers of this Agreement and each Member Agency. The term of a Board member or alternate (both voting and non-voting) who is a public official or employee of a Member Agency shall terminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has left his or her position shall be filled by selection, election, or appointment according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position. 3.06 Board members and alternates shall not receive compensation for their service on the ILJAOC Board, but they may be reimbursed by the ILJAOC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by their respective employing Member Agencies. 3.07 The principal office of the ILJAOC shall be established by the Board and shall be located within the County of Orange. The Board may change the principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.08 The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called and held in a manner as provided in the Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the California Government Code commencing with section 54950 et seq., as amended 3.09 All of the powers and authority of the ILJAOC shall be exercised by the Board unless specifically delegated, to the extent permitted by law, or reserved to the Member Agencies under this Agreement. Unless otherwise provided herein, each voting Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full voting membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this Agreement, in which case a two-thirds majority of the entire voting membership or their alternates is required for approval. 3.10 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Agency within a reasonable time after each meeting. 3.11 The Board may adopt policies, rules, and regulations for the conduct of its administrative affairs and that of the ILJAOC as may be required and that are consistent with this Agreement. 3.12 Where this Agreement requires an approval of a resolution or ordinance by any Member Agencies in any matter, the approval shall be evidenced by a certified copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. It shall be the responsibility of the Board to provide certified copies of said actions. 3.13 On an annual basis, the Board shall elect two Board members to act as Chair and Vice -Chair of the Agency for the purpose of conducting the Board meetings and performing other duties as required. The Vice -Chair may carry out all the duties of the Chair in his/her absence. 9 3.14 The Board shall appoint an officer or employee of a Member Agency to hold the offices of Treasurer and Controller ("Treasurer/Controller"), whose duties shall be in conformance with Government Code sections 6505 and 6505.5, and whose salary, if any, shall be established by the Board. The Treasurer/Controller shall also administer all contracts subsequent to the Board's approval and shall contract with a certified public accountant to make an annual audit of the accounts and records of the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, covering a budget cycle set by the Board, shall be prepared by the Treasurer/Controller for the approval by the Board. The ILJAOC's investment policies shall be the policies of the Member Agency of the Treasurer/Controller, as those may be modified by the Board of the ILJAOC. The cost of the Treasurer/Controller in carrying out his/her duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAOC. 3.15 The Board shall have the power to appoint/hire additional officers, employees, or agents. Any officer, employee, or agent of the ILJAOC who is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency's personnel system. However, the ILJAOC may hire employees that are subject to the personnel system of the ILJAOC and said employees shall not be considered employees of any Member Agency. Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAOC shall possess appropriate qualifications to carry out his or her responsibilities. 3.16 The Board may appoint legal counsel, by contract or otherwise, to provide legal counsel to the Board, Executive Director, and any other ILJAOC staff regarding the operations of the ILJAOC. 3.17 The officers of the ILJAOC Board shall perform all duties customary and appropriate to their respective offices and: a) After approval by the ILJAOC Board, the Board Chair shall sign all contracts on behalf of the ILJAOC Board. 10 b) The secretary shall perform such duties as assigned by the Board and shall keep minutes of the Board meetings. c) The Treasurer/Controller shall be bonded in the amount to be determined by the Board and the bond fee shall be paid by the ILJAOC. The Treasurer/Controller shall perform the duties as set forth in this Agreement. 3.18 The Board may appoint an Executive Director by contract or otherwise to oversee day-to-day operations of the ILJAOC. The Executive Director shall manage the daily operations of the ILJAOC and supervision of any other ILJAOC employees. 3.19 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Agencies when performing their respective functions for their respective Member Agency shall apply to such person(s) to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC shall be deemed by reason of their appointment or service to be employed by any of the other Member Agencies or the ILJAOC or be subject to any of the requirements of the other Member Agencies. IV BUDGET AND DISBURSEMENTS 4.01 The Board shall adopt a budget for the ensuing fiscal year(s) pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer/Controller shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include "budget to actual" comparisons based upon the previously adopted budget. Upon receipt of the report, the Board shall determine what extent, if any, unexpended budgetary appropriations shall be 11 re -appropriated or whether any excess of revenues over expenditures shall be allocated or expended. 4.02 The Treasurer/Controller shall draw warrants upon the approval and written order of the Board or the Board's Executive Director. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board. 4.03 All funds received by the Treasurer/Controller for services provided by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.04 All expenditures within the approved budget shall be made upon the approval of the Treasurer/Controller in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two-thirds majority approval of the entire Board, and the budget shall thereafter be revised and amended. 4.05 The records and accounts of the ILJAOC shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the ILJAOC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. Copies of such audit report shall be filed with each Member Agency no later than fifteen (15) days after receipt of said audit by the Board. 4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the ILJAOC operations, and capital in excess of any grant funds, through annual budget appropriations. Each Member Agency's agreement to provide such funds in fiscal years after the fiscal year in which the 12 original ILJAOC Joint Powers Agreement was executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose. The subject resolutions shall not limit the authority of each Member Agency to cease appropriations for the ILJAOC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this Agreement to reimburse a Member Agency for providing personnel, equipment, and/or services to the ILJAOC, the Member Agency providing such personnel, equipment, and/or services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those which are not part of the Member Agency's pre-existing infrastructure/operation prior to the effective date of this Agreement. They also shall not include overhead charges. Costs for the ILJAOC operations referenced in accordance with this Section 4.06 shall be shared as follows: a) Member Agencies with Municipal Police Departments and the Orange County Sheriff's Department, which serves the unincorporated area of the County as well as their "contract cities," shall be determined on a per capita served basis, with the combined total amount not to exceed 80% of total costs. b) County of Orange; an amount not to exceed 15% of total costs. c) The Superior Court of California, County of Orange; an amount not to exceed 5% of total costs. d) The University of California Police Department; an amount not to exceed 0.75% of total costs. e) California State University, Fullerton Police Department, an amount not to exceed 0.75% of total costs. 4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated services to the 13 Member Agencies and to other public agencies that contract with ILJAOC for such services. 4.08 Based on information provided by the Executive Director or other designated representatives of the ILJAOC, the Treasurer/Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJAOC for services shall be used to offset the costs incurred by the ILJAOC. The Governing Board shall determine whether those funds shall be placed in a Capital Reserve or otherwise allocated in the ILJAOC's Budget and/or projected costs to Member Agencies. 4.09 In establishing rates for services to non -Member Agency public agencies, the Board shall assure that the contracts for such services provide for the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis, or no less frequently than on a quarterly basis (unless paid in advance) to the Treasurer/Controller of the ILJAOC. The Treasurer/Controller shall provide a written quarterly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies. 4.10 The ILJAOC budget shall include the provision for a Capital Replacement fund that will provide for, among other things, the replacement of the equipment owned and operated by the ILJAOC. The ILJAOC Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget will depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJAOC's Capital Replacement fund. The actual purchase of new equipment and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board. 4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account for the ILJAOC. The Treasurer/Controller 14 shall be responsible for accounting for all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the budget adoption process. V LIABILITIES 5.01 Except as provided in Section 8.05 of this Agreement, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V. 5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel to a cooperative pool of personnel to provide service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board. 5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by ILJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any 15 way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC. In addition, and without limiting the foregoing indemnification obligation, except as provided in Section 5.04, the ILJAOC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.04 Any contract with a non-member public agency ("non -Member Agency") receiving services from the ILJOAC shall include a mutual indemnification provision wherein the non -Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its proportionate share of liability on a comparative fault basis. The contract shall also provide that: 1) The indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2) The obligation of the non -Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non -Member Agency or the ILJAOC. Notwithstanding the foregoing, in situations where a non -Member Agency lacks the authority to enter into an agreement containing the specific terms specified above in this Section 5.04, the ILJAOC may enter into an agreement without such terms (or including only some of those terms) only after (1) a finding by and affirmative vote of a two-thirds majority of all voting Board members, or their alternates, that the risk of entering into such an agreement is outweighed by the benefit to be obtained by entering into the agreement, and (2) a determination by the ILJAOC's Risk Manager that insurance provisions applicable to the agreement are adequate given the specific risks presented. 5.05 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC and/or serve as officers or employees of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials 16 officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industrial/worker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC or the other Member Agencies under this Agreement. 5.06 ILJAOC shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Risk Manager, or his/her designee, of one Member Agency shall be designated by the Board, with the consent of the Member Agency, as the "ILJAOC Risk Manager" and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. Should a Member Agency Risk Manager not be available to serve the ILJAOC, the Board may designate someone who has comparable experience to serve in that capacity. The ILJAOC Risk Manager will be responsible for maintaining the original insurance policies and other risk management and insurance documents. During the term of this Agreement, the ILJAOC shall purchase and maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverages shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this Agreement. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board, and upon the unanimous 17 consent of the ILJAOC Governing Board, so long as such addition(s) are not projected to increase costs to existing Member Agencies. Upon approval by the ILJAOC Governing Board, a written amendment to this Agreement shall be executed by all of the existing Member Agencies, as well as the additional Member Agency. Should increased costs to existing Member Agencies be anticipated due to the addition of a new public agency, unanimous approval must be received from the governing bodies of the existing Member Agencies, as evidenced by approval of resolutions and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency. 6.02 Member Agencies have the right to withdraw from the ILJAOC. Such withdrawals, either voluntarily or involuntarily, shall be conditioned as follows: a) Involuntary withdrawal shall mean those circumstances where a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance or reduction of the funding for personnel, services, or equipment by that Member Agency. b) In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prior to the end of a fiscal year except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement, or (ii) upon breach of this Agreement by the ILJAOC or any Member Agency, in which case the withdrawing Member Agency may withdraw effective at any time. c) Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency's notice of withdrawal), nor any liabilities imposed upon or incurred by the Member Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal. d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJAOC during the time period that the Member Agency provided personnel, services, or equipment under the ILJAOC direction. e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJAOC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. The withdrawing Member Agency may also recover any other equipment no longer needed by the ILJAOC, including equipment it previously transferred to the ILJAOC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, but may not impose any conditions other than those listed. VII 1i:8:7LTi 11zW_11i101zW_\z1B711IRI ael[+11i[0lzWell OF_E-'may*11K 7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds of the entire Board; provided, however, that no termination shall be complete and final until the ILJAOC has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC. 7.02 Termination shall occur upon: a) The written consent of all Member Agencies; or 19 b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as determined by a two- thirds vote of the remaining Board Members; and 1. Full satisfaction of all outstanding financial obligations of the ILJAOC; and 2. All other contractual obligations of the ILJAOC have been satisfied. 7.03 In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Agency of the ILJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the ILJAOC by said Member Agency, to the extent determined by the Board in its sole discretion to be fair and equitable. 7.04 Notwithstanding any other provisions of this Agreement, the Member Agencies agree to abide by the following procedure for selling of equipment in the event this Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board, which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 4.06 (a), (b), and (c) of this Agreement, and any modifications to that formula adopted by the Board. 8.01 Amendments VIII MISCELLANEOUS 20 Except as otherwise specified in this Agreement, this Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the ILJAOC. An Amendment to this Agreement may be executed in any number of actual or digital counterparts. The counterparts together will be taken to constitute one and the same instrument. An Amendment will have effect upon execution by all Member Agencies. 8.02 Notices Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 8.03 Effective Date This Agreement shall be effective at such time as this Agreement has been executed by the majority of the voting Member Agencies enumerated in the introduction of this Amended Agreement. 8.04 Conflicts of Interest No official, officer or employee of the ILJAOC or any Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. 1.01 11.�kVAWo11907,, a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJAOC, with respect to the ILJAOC's operations, or to any claims, disputes, demands, 21 differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation. b) The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. c) Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees. 8.06 Partial Invalidity If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.07 Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto. 8.08 Assignment A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies. 8.09 Execution The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 8.10 Entire Agreement 22 This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies. Dated: ATTEST: Clerk of the City of APPROVED AS TO FORM: Nicholas Ghirelli City Attorney 23 CITY OF: go Title: ILJA OC Don Barnes, Chair Orange County Sheriffs Dept 550 N. Flower Street Santa Ana, CA 92703 714 647-1804 ddbarnes@ocsd.org Robert Dunn, Vice Chair Fullerton Police Dept 237 W. Commonwealth Fullerton, CA 92832 714-738-6825 rdunn@fullertonpd.org Mike James, Executive Director 949 283-0910 mike_james@iljaoc.org Member Agencies Cities of: Anaheim Brea Buena Park Costa Mesa Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Tustin Westminster County of Orange, on behalf of: District Attorney's Office Probation Department Public Defender Sheriff's Department & their contract cities Superior Court of California, County of Orange California State University, Fullerton Police Department University of CA, Irvine Police Department Integrated Law and Justice Agency for Orange County - A Joint Powers Authority - Dear Seal Beach Chief of Police Michael Henderson and City Manager Jill Ingram: The Board of Directors of the Integrated Law & Justice Agency for Orange County ("ILJ") is seeking collaboration from Seal Beach to update the ILJ's Restated and Amended Joint Powers Agreement ("JPA Agreement"). The Board reviewed the existing JPA Agreement at its meeting on October 24, 2022 and recommended minor changes to further clarify the operation of the ILJ and its Voting Board. However, to adopt the recommended changes, the JPA Agreement requires unanimous approval from all Member Agencies. Given that each Member Agency is governed by its own elected officials and approval procedures, we respectfully request that you route the attached amended JPA Agreement for review and approval by your agency. Attached with this request, please find copies of the proposed amendments to the JPA Agreement and the ILJ staff report describing these changes in detail. Should you have any questions, please do not hesitate to contact me. Best Regards, Mike James Executive Director Integrated Law & Justice Agency for Orange County mike JamesCcD-iljaoc.org I Cell: 949-283-0910 CARNEY MEHR A Legal Corporation TAFF REPORT TO: Board of Directors, Integrated Law & Justice Agency for Orange County FROM: Kendra L. Carney Mehr, Legal Counsel DATE: October 24, 2022 RE: Amendments to ILJAOC's Joint Powers Agreement Introduction It has been seven years since the ILJ last reviewed and modified its Joint Powers Agreement. Following a question from the Board regarding the order of voting alternates appointed by the Orange County Chiefs' and Sheriff's Association, the ILJ's Executive Director, Recording Secretary, and Legal Counsel reviewed the Restated and Amended Joint Powers Agreement (the "Agreement"). The following describes the minor amendments proposed to further clarify the Agreement and ensure the practices of the Board conform with the requirements of the Agreement. Back _ rg ound The Member Agencies originally adopted the Joint Powers Agreement (the "Agreement") on September 3, 2008. The Agreement was next amended on June 8, 2015. The Agreement governs the operation of the ILJ. The Agreement is executed by all Member Agencies. And, all Member Agencies must approve the proposed amendments. Discuq-inn The following amendments to the Agreement are proposed: • Page 1: The amendments list the date of the proposed amendment and clarify when the original Agreement was adopted. • Page 2: The amendment adds the last date the Agreement was restated and amended. • Page 7: o Section 3.01: The amendment clarifies the ongoing membership of the ILJ. o Section 3.02: The amendment confirms that the Orange County Chiefs' and Sheriff's Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than all six voting Board Members are present when a vote is called. • Page 8: o Section 3.02: This amendment clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall. o Section 3.03: This amendment requires that each Board Member shall have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates. o Section 3.04: This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment. • Page 11: o Section 3.16: This allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board's ability to appoint an Executive Director. • Page 22: o Section 8.01: The amendment allows any future amendments to be executed in digital format, by digital signatures, and in counterparts. • Page 25: The amendment removes the requirement that an Agency's mayor must execute an amendment to the Agreement in recognition of the fact that some or all Member Agencies may have delegated the ability to approve an amendment to the Agreement to a designee of the City Council, and that not all Member Agencies have a mayor. Prne.p.di e Should the Board approve the proposed amendments, or any portion of the proposed amendments, the Executive Director will prepare a packet for the Member Agencies to review and approve in accordance with their respective requirements. Fiscal Impact There is no fiscal impact to the ILJ as a result of this action. 2 Recommended Action Review and approve the proposed amendments to the Joint Powers Agreement for further review and approval by the Members Agencies. SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Michael Henderson, Chief of Police SUBJECT: Law Enforcement ISO ClaimSearch Access Memorandum of Understanding SUMMARY OF REQUEST: That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding. BACKGROUND AND ANALYSIS: The purpose of the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding is to provide Law Enforcement with a national data base to assist with investigations where the use of National Insurance Crime Bureau (NICB) could provide useful information. The Seal Beach Police Department has been working with ISO ClaimSearch and NICB for numerous years, so this is an update to the terms and conditions of the prior agreements. By renewing the agreement with ISO ClaimSearch, it will ensure that both the City of Seal Beach and NICB are in compliance with the most current privacy laws. The Seal Beach Police Department with the use of Lexipol assist in regular update(s) to the Department's Policy and Procedures to ensure we meet the privacy requirements set forth in this agreement. ISO ClaimSearch provides critical information as it pertains to criminal matters within the city. ISO ClaimSearch has served a vital role for the City of Seal Beach providing timely and critical information related to criminal investigations within the community. In accordance with the agreement, the Seal Beach Police Department, Detective Sergeant will be the administrator with all rights to the ISO ClaimSearch. The proposed agreement will remain in effect until terminated by either party with a 30 -day written notice. Agenda Item H 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: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding. SUBMITTED BY: 9 chaefifenderson Michael Henderson, Chief of Police Prepared by: Michael Ezroj, Operations Captain ATTACHMENTS: NOTED AND APPROVED: Jif(X. Ingram Jill R. Ingram, City Manager A. Resolution 7435 B. ISO ClaimSearch Memorandum of Understanding Page 2 RESOLUTION 7435 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE LAW ENFORCEMENT ISO CLAIMSEARCH MEMORANDUM OF UNDERSTANDING WHEREAS, the City of Seal Beach has been using Law Enforcement ISO ClaimSearch, which is maintained by the National Insurance Crime Bureau (NICB), prior to the creation of the proposed memorandum of understanding (MOU); and, WHEREAS, the Seal Beach Police Department is a law enforcement agency whose mission is to protect and serve the people of the applicable jurisdiction; and, WHEREAS, The City Council desires to work with NICB to exchange information and data that will allow both parties to more easily detect and prevent insurance - related crime and fraud; and, WHEREAS, Verisk Analytics Inc. ("Verisk") owns ISO ClaimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to ISO ClaimSearch on the condition that NICB pass through certain terms to the law enforcement agency. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council approves the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding. Section 2. The City Council hereby authorizes the City Manager or their designee to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August 2023 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, 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 7435 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August 2023. Gloria D. Harper, City Clerk LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS MEMORANDUM OF UNDERSTANDING This Law Enforcement ISO C1aimSearch Access Memorandum of Understanding ("MOU") is made and entered into by and between the National Insurance Crime Bureau ("NICB"), an Illinois not-for-profit corporation located at 1111 E. Touhy Avenue, Suite 400, Des Plaines, Illinois 60018 and the law enforcement agency identified on the signature page hereto ("Agency") ("NICB" and, together with "Agency," hereafter referred to from time to time individually as "Party' or collectively as "the Parties") and is effective as of the date of the last signature to this Agreement ("Effective Date"). RECITALS WHEREAS, NICB is an Illinois not-for-profit corporation dedicated to fighting insurance - related crime and fraud, and gathering and disseminating information related to insurance crime and fraud for the benefit of NICB member companies, law enforcement, regulatory authorities and the general public; and WHEREAS, Verisk Analytics Inc. ("Verisk") owns ISO C1aimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to ISO C1aimSearch on the condition that NICB pass through certain terms to the law enforcement agency; WHEREAS, Agency is a law enforcement agency whose mission is to protect and serve the people of the applicable jurisdiction; and WHEREAS, NICB and Agency desire to work together to exchange information and data that will allow both Parties to more easily detect and prevent insurance -related crime and fraud; NOW THEREFORE, in consideration of the promises and obligations contained in this MOU, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Access. Subject to the terms of this MOU, during the Term, NICB hereby grants to Agency a non-exclusive, non -transferable, non -assignable, limited, revocable right to allow employees with access credentials within their organization the right to access and use the ISO C1aimSearch for: (1) investigating or prosecuting crime, including but not limited to insurance -related crime and fraud; and (2) investigating or prosecuting individuals relevant to homeland security activity. (collectively the "Purpose"). 2. Access Credentials. In order to access the ISO C1aimSearch, Agency must appoint an administrator ("Administrator") to receive access credentials to the ISO C1aimSearch. The Administrator, in turn, may designate individuals employed by Agency ("Designees") to receive access credentials to ISO C1aimSearch. 3. Confidentiality. A. All non-public information and data contained within ISO C1aimSearch pursuant to this Agreement shall be considered as confidential information ("Confidential Information"). Confidential Informational shall be held in the strictest confidence and shall not be released, disseminated, used, accessed, copied, shared, transferred, or disclosed by Agency, except as strictly necessary for the Purpose. B. Confidential Information shall not include any information, however designated or marked, that: (i) is publicly available, or subsequently becomes publicly available, after the time it was communicated to the recipient through no breach of this MOU by the recipient; (ii) was in the recipient's possession free of any obligation of confidence prior to being communicated to the recipient by the disclosing party, or is in the recipient's possession free of any obligation of confidence subsequent to the time it was communicated to the recipient by the disclosing party; (iii) is independently developed by employees or agents, without use of the data contained in the ISO C1aimSearch, of the recipient and can be so proven by recipient; or (iv) is obtained by the receiving party from a third party lawfully in possession of such information and without a breach of such third party's obligations of confidentiality. C. It shall not be a violation of Section 3 of this MOU for Agency to disclose Confidential Information as required by standard legal procedure in order to prosecute crime. Further, disclosure is permitted in response to a lawful subpoena or other legal process served upon Agency or where applicable law requires the disclosure of Confidential Information, provided that: (i) if not prohibited under applicable law, Agency, prior to disclosing such information, gives reasonable written notice to NICB sufficient to permit NICB to seek a protective order if it so chooses; and (ii) in all cases, Agency discloses only that information that is legally required to be disclosed. For clarity, any of the Confidential Information Agency discloses pursuant to this Section 3. c. shall remain subject to the confidentiality requirements under this MOU for all other purposes. 4. Agency Obligations. In exchange for access to ISO C1aimSearch, the Agency agrees to comply with the following obligations: A. Administrator. Agency shall appoint an Administrator who shall be identified to NICB and shall be responsible for adding or removing Designees, as appropriate, as well as maintaining a list of active Designees. No Designee may be granted access to ISO C1aimSearch without Administrator approval. The Administrator shall be the Agency contact responsible for fulfilling Agency obligations required under this MOU. B. Designees. Designees shall be restricted to active Agency employees who: (1) are in good standing and not under suspension for any criminal or civil violation, or under active criminal investigation or indictment ("Good Standing"); and (2) have a need to know the Confidential Information for the Purpose. C. Vetting. Agency shall have in place a vetting process to ensure minimum standards for each Designee to qualify for access to ISO C1aimSearch are met, including the following determinations for each Designee: i. the Designee's need for access; ii. which level of access is required for the Designee and for what purpose; iii. ensuring Designee's access conforms to this Agreement; iv. ensuring Designee's access is based on the Designee's need to know in order to carry out the Purpose; and v. documenting the above determinations. D. Responsibility. The Administrator shall be responsible for, and shall supervise and control, all Designee access to ISO C1aimSearch. The Administrator shall implement an internal process whereby Designee usage is documented and monitored to ensure that that Designee usage conforms with the Purpose and this MOU. Agency shall immediately notify NICB of any access or usage of ISO C1aimSearch that does not comply with this Agreement and shall prohibit Designee from any further access or usage of ISO C1aimSearch until future access is expressly approved, in writing, by NICB. E. Training. Agency shall ensure that Designees complete all training and certifications required in order to gain access; and all periodic training either assigned by NICB, the ISO C1aimSearch platform, or otherwise in order to maintain access. F. Termination of Access. Agency shall immediately terminate Designee's access to ISO C1aimSearch: i. when Designee's is no longer employed by Agency; ii. when Designee no longer has a legitimate Purpose to have access to ISO C1aimSearch; or iii. if a Designee is no longer in Good Standing. G. Privacy and Security Policies. Agency will, at all times, ensure that access and use of ISO C1aimSearch complies with the NICB Privacy and Security Policy, and the ISO Privacy and Security Policies, including any updates and amendments that may be issued from time to time. H. Controls for the Protection of Confidential Information. Agency shall maintain during the term of this MOU, and at all times thereafter in which Agency maintains Confidential Information in its possession or control, an information security program that provides for the administrative, technical, and physical safeguards designed to adequately protect the security and confidentiality of Confidential Information in Agency's possession or control in accordance with applicable federal, state and local laws, rules, and regulations. At a minimum, Agency's safeguards for the protection of Confidential Information shall include: i. limiting access of Confidential Information to authorized employees; ii. maintaining an adequate network firewall; iii. securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including but not limited to devices with information storage capability; iv. implementing secure storage and disposal of Confidential Information; v. implementing authentication, and access controls within operating systems and equipment; and vi. implementing appropriate personnel security and integrity procedures and practices, including conducting background checks consistent with applicable law and providing appropriate privacy and information security training to Agency employees. 5. Audits. NICB may issue a security assessment questionnaire and conduct independent onsite security assessments of Agency related to Agency's compliance this Agreement. For any onsite inspection, NICB will provide at least 30 days prior written notice. Such assessments shall not occur more than once per calendar year, at a time that minimizes operational interruptions to Agency. Agency's failure to adequately respond in a timely manner to a security assessment questionnaire, timely submit to an onsite inspection, or timely or adequately, in NICB's sole determination, remedy any compliance or security concern raised by NICB, may result in immediate suspension of Agency's ISO C1aimSearch access pursuant to Section 10 of the MOU. 6. Security Breach. A. Notification. Agency shall promptly, but in no case later than 48 hours, notify NICB of any confirmed or based on a good faith determination by NICB or Agency there is a significant risk to Confidential Information unauthorized or improper access to or use or disclosure of Confidential Information while in the possession or control of Agency, its Administrator or its Designees ("Security Breach"). B. Mitigation and Cooperation. Agency shall promptly implement steps to remediate and mitigate the effects of any Security Breach. Agency shall cooperate with reasonable requests for information from NICB or its representatives regarding the Security Breach. To the extent possible, Agency shall promptly provide a written description of the number of individuals' data involved, the location (i.e., State) of the individuals, the amount of data involved, the type of data involved and any other relevant information 4 reasonably requested by NICB or as otherwise required to be provided by applicable law. 7. Representations and Warranties. Agency represents and warrants the following: A. Agency is a professional, reputable, and trustworthy organization that serves the public. B. Agency is not under suspension for any criminal or civil violation; or under active criminal investigation or indictment. C. Agency will not provide access to any Designee who is not in Good Standing. D. Agency, its Administrator, and its Designees have a justifiable reason for requiring access to ISO C1aimSearch that is consistent with the Purpose. E. Agency either (a) has an established working relationship with NICB, or (b) will take steps in order to establish a new relationship with NICB. F. Agency agrees to comply with all applicable federal, state, and local data privacy and security laws, rules and regulations, and applicable industry standards related to or concerning the protection of data. 8. Indemnity. To the extent permissible by law, Agency shall indemnify, defend and hold NICB harmless from all third -party lawsuits, claims, liabilities, damages, settlements, judgments, or expenses, including NICB's costs and reasonable attorney fees, which arise as a result of Agency's material breach of this Agreement, negligent acts or omissions, or willful misconduct. 9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within ISO C1aimSearch is provided "AS IS, WHERE IS" and intended to be used as investigative leads only, in support of investigations of criminal activity in accordance with the Purpose. Agency should not make prosecution decisions based solely upon information contained in ISO C1aimSearch. NICB HEREBY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION CONTAINED WITHIN ISO CLAIMSEARCH. 10. Term and Termination. A. Term. This MOU shall commence as of the Effective Date and will remain in effect until either Party terminates this MOU by providing 30 days' written notice to the other party of the termination whereupon the MOU will terminate at the end of the 30 -day notice period. B. Immediate Termination. NICB may immediately terminate this MOU if the Agency materially breaches its obligations under this MOU. 11. Survival. Upon termination of this MOU, the provisions of this MOU concerning the ongoing interests of the parties shall continue and survive in full force and effect. 12. Assignment. Neither Party may assign or transfer any rights or obligations under this MOU without the prior written consent of the other Party. Any attempt to transfer all or part of either Party's rights or obligations without such consent is null and void and of no effect. 13. Notices. All notices between the parties will be in writing and will be delivered as follows, with notice deemed given as indicated (a) by personal delivery, when delivered personally; or (b) by overnight courier, upon the courier's confirmation of delivery. In either case, a copy shall be sent via email. Notices to the Agency will be sent to the email and address provided by Agency at the time of application for credentialing. Notices to NICB will be sent to the addresses, including e-mail addresses, set forth as follows, or such other address as is provided by notice as set forth herein: National Insurance Crime Bureau 1111 E. Touhy Avenue, Suite 400 Des Plaines, Illinois 60018 Attn: General Counsel Email: pmartin@nicb.org; rcooper@nicb.org 14. Severability. Any term or provision of this MOU held to be illegal or unenforceable will, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof will not be affected. 15. No Waiver. The waiver of, or failure to enforce, any breach or default hereunder will not constitute the waiver of any other or subsequent breach or default. 16. No Joint Venture. The relationship of the parties hereunder will be that of two independent contracting parties, and nothing herein will be deemed to create a joint venture, partnership, agency or employer/employee relationship. In no event will either party be permitted to make any MOU, or represent that it is authorized to make any MOU, on behalf of the other party, without the prior written consent of such other party. 17. Entire Agreement. This MOU sets forth the entire agreement between the parties related to the subject matter herein, and supersedes any and all prior agreements, proposals, understandings, discussions, MOUS, and representations between them, whether written or oral. This MOU may be changed only by mutual MOU of the parties in writing. This MOU may be executed in counter -parts with electronic signatures to be deemed valid and binding. [Signatures immediately to follow on page 7 of 71 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by their duly authorized representatives. National Insurance Crime Bureau Signed: Name: Title: Date: Agency: ORI or ORIS to which this MOU applies: Signed: Name: Title: Email: Date: SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape Services, Inc. for City -Wide Landscape Maintenance Services; and Approving and Authorizing Amendment No. 2 to the Public Works Agreement with So Cal Land Maintenance, Inc. for Landscape Maintenance SUMMARY OF REQUEST: That the City Council adopt Resolution 7436: 1. Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not -to -exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three-year term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $848,020.57 per additional term; and, 4. Rejecting all other proposals; and, 5. Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not -to -exceed amount of $60,000 for those additional services; and, 6. Authorizing the City Manager to execute Amendment No. 2. BACKGROUND AND ANALYSIS: The City currently maintains 16 public parks, 6.5 miles of landscaped medians, parkways, and community facilities that require maintenance services to upkeep Agenda Item I the health, cleanliness, safety, and beauty of the landscape. The maintenance services to be provided from this agreement include general landscape maintenance, turf maintenance, athletic turf field maintenance, playground maintenance, litter/trash collection, irrigation system maintenance, and new landscape planting. The City's most recent landscape maintenance services agreement has expired. Accordingly, a City -Wide Landscape Maintenance Services Request for Proposal (RFP) was issued on May 2, 2023. On May 18, 2023, a pre-bid conference was held with ten (10) potential bidders in attendance. On June 5, 2023, the City received seven (7) proposals in the following amounts: Rank Contractor Bid Amount 1 BrightView Landscape Services $848,020.57 2 Parkwood $849,674.00 3 So Cal Land Maintenance $858,638.07 4 Merchants Landscape Maintenance $944,564.47 5 Stay Green $1,119,684.70 6 Monarch Landscape Companies $1,237,932.46 7 Priority Landscape Services $1,292,035.00 The proposal for these services is comprised of two main components: scheduled landscape maintenance services and extra work. The cost breakdown for both components are as follows: Scheduled landscape maintenance work includes routine maintenance services. Extra work includes the installation of new plant material, repair of irrigation systems, and installation of new trees. Unit bid prices control what the City pays for routine maintenance as well as extra work. Extra work is completed only on an as -needed basis at the direction of the City and in conjunction with funding Page 2 Scheduled Contractor Landscape Extra Work Total Bid Amount Maintenance BrightView Landscape $659,564.62 $188,455.99 $848,020.57 Services Parkwood $699,324.00 $150,350.00 $849,674.00 So Cal Land Maintenance $703,009.28 $155,628.79 $858,638.07 Merchants Landscape $747,973.83 $196,590.64 $944,564.47 Maintenance Stay Green $595,368.00 $524,316.70 $1,119,684.70 Monarch Landscape $756,689.00 $481,243.46 $1,237,932.46 Companies Priority Landscape $986,400.00 $305,635.00 $1,292,035.00 Services Scheduled landscape maintenance work includes routine maintenance services. Extra work includes the installation of new plant material, repair of irrigation systems, and installation of new trees. Unit bid prices control what the City pays for routine maintenance as well as extra work. Extra work is completed only on an as -needed basis at the direction of the City and in conjunction with funding Page 2 availability. The bid item quantities identified in the extra work bid component are estimates used for determining the lowest proposal received for this work. The actual quantities used for extra work will vary year to year based on deterioration, vandalism and other factors outside the City's and contractor's control. An evaluation panel reviewed the proposals and rated them according to the evaluation criteria set forth in the RFP, which included relevant experience, references, and cost, amongst other factors. The top three (3) vendors were subsequently invited for an in-person interview for further qualification evaluation. Based on the above noted selection process, staff recommends selecting BrightView Landscape Services, Inc. (BrightView Landscape) as the most qualified to provide the City's landscape maintenance services. The initial term of the agreement will expire on September 1, 2026 and the annual cost amounts to $848,020.57 per year for an original 3 -year term limit. If approved, the initial term of the contract shall commence on September 1, 2023 and includes two additional one-year extensions available based on contractor performance and at the discretion of the City. The City's previous landscape maintenance agreement with So Cal Land Maintenance, Inc. (So Cal) expired on July 22, 2023. Amendment No. 2 to the Public Works Agreement would allow So Cal to continue landscape maintenance services up to the effective date of the agreement with BrightView Landscape. The City would pay So Cal in accordance with the fee schedule established in the Public Works Agreement dated May 29, 2018, and in no event would the City pay more than $60,000 for the term. 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 maintenance agreement with BrightView Landscape Services, Inc. will not have a significant effect on the environment. Landscape maintenance complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (h) as the work involves maintenance of existing landscaping. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. Page 3 FINANCIAL IMPACT: Sufficient funding has been allocated in the FY 2023-2024 Budget. Funding for subsequent years will be programmed into future operations and maintenance budgets. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7436: 1. Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not -to -exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three-year term; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $848,020.57 per additional term; and, 4. Rejecting all other proposals; and, 5. Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not -to -exceed amount of $60,000 for those additional services; and, 6. Authorizing the City Manager to execute Amendment No. 2. SUBMITTED BY: Iris Lee Iris Lee, Director of Public Works Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: NOTED AND APPROVED: fif(R. Ingram Jill R. Ingram, City Manager A. Resolution 7436 B. Amendment No. 2 with So Cal Land Maintenance, Inc. C. Agreement with BrightView Landscape Services, Inc. Page 4 RESOLUTION 7436 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL MAINTENANCE AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES AND APPROVING AND AUTHORIZING AMENDMENT NO. 2 TO THE PUBLIC WORKS AGREEMENT WITH SO CAL LAND MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE WHEREAS, the City owns and maintains a number of medians, parkways, facilities and parks that require contract landscape maintenance services to maintain the cleanliness and appeal of City landscape; and, WHEREAS, on May 29, 2018, the City Council approved a Public Works Agreement for Landscape Maintenance Services with So Cal Land Maintenance, Inc. which has since expired as of July 22, 2023; and, WHEREAS, on May 2, 2023, the City issued a Request for Proposal for City -Wide Landscape Maintenance Services; and, WHEREAS, on June 5, 2023, the City received seven (7) proposals; and, WHEREAS, BrightView Landscape Services, Inc. was deemed responsive and most qualified; and, NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby awards a three (3) year Professional Maintenance Agreement ("Agreement") to BrightView Landscape Services, Inc. in a not -to -exceed annual amount of $848,020.57 per year for the Original Term to provide City -Wide Landscape Maintenance Services. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the BrightView Landscape Services, Inc. proposal dated June 5, 2023. Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with BrightView Landscape Services, Inc. for up to two (2) additional one-year terms, at her discretion, in a not to exceed amount of $848,020.57 per one-year term extension. Section 4. The City Council hereby rejects all other proposals. Section 5. The City Council hereby approves Amendment No. 2 dated August 14, 2023 to the Agreement dated May 29, 2018, and later amended as Amendment No. 1 on October 25, 2021, between the City of Seal Beach and So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not -to -exceed amount of $60,000 for those additional services. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of Augus, 2023 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, 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 7436 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14t" day of August, 2023. Gloria D. Harper, City Clerk DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 AMENDMENT NO. 2 PUBLIC WORKS AGREEMENT For Landscape Maintenance between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 91 So Cal Land Maintenance, Inc., 2965 E. Coronado Street Anaheim, CA 92806 (714) 231-1454 This Amendment No. 2, dated August 14, 2023, amends that certain Public Works Agreement for Landscape Maintenance Services ("the Agreement") dated May 29, 2018, as previously amended by Amendment No. 1 dated October 25, 2021, by and between the City of Seal Beach ("City"), a California charter city and, So Cal Land Maintenance, Inc. ("Contractor"), a California corporation, (collectively, "the Parties"). DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 0:16111 r_m A. City and Contractor are parties to the Agreement, as amended by Amendment No. 1 and extensions previously elected by City, pursuant to which Contractor provides landscape maintenance services for City through July 22, 2023. B. City and Contractor wish to amend the Agreement for Contractor to provide additional landscape maintenance services for the time period extending through August 31, 2023, and to pay Contractor's compensation in the not -to -exceed amount of $60,000 for those additional services, as provided herein. AMENDMENT NO. 2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows- "The ollows:"The term of this Agreement shall commence as of the Effective Date and shall continue through August 31, 2023, unless previously terminated as provided by the Agreement." Section 2. Section 3.0 (Contractor's Compensation) of the Agreement is hereby amended to read as follows: "3.0 Contractor's Compensation Except as otherwise provided in Subsection 3.1, City will pay Contractor in accordance with the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $60,000 for the Term. Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B. 3.1. For the additional services to be provided pursuant to Amendment No. 2, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $60,000 for said extension covered by Amendment No. 2." Section 3. All references to the term "Agreement" throughout Sections 1.0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated May 29, 2018, Amendment No. 1 dated October 25, 2021, Letter Extension dated June 1, 2021, Letter Extension dated August 1, 2022, and this Amendment No. 2, dated August 14, 2023, as if all of those terms are fully set forth therein. DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 Section 4. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between Exhibit A, Exhibit B, the provisions of Amendment No.1, Exhibit B-1, the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control. Section 5. The persons executing this Amendment No. 2 on behalf of Contractor each warrant 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, Contractor is formally bound to the provisions of this Amendment No. 2. DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 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 Attest: Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas R. Ghirelli, City Attorney CONTRACTOR: So Cal Land Maintenance, Inc., a California corporation By:LDocuSigned by: fwADrrDrPPrrP7jrDt, CL sf_ Signature Name: Steve Guise Title: President By: Signature Name: Title: MAINTENANCE SERVICES AGREEMENT for City -Wide Landscape Maintenance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 BrightView Landscape Services Inc. 1420 S. Allec St. Anaheim, CA 92805 (951) 533-4611 This Maintenance Services Agreement ("the Agreement") is made as of September 1, 2023 (the "Effective Date"), by and between BrightView Landscape Services, Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain landscape maintenance services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals ("RFP") on May 2, 2023, titled "City -Wide Landscape Maintenance Services." Contractor submitted a proposal dated June 5, 2023 in response to the RFP. C. City desires to engage Contractor to carry out the Services in the manner set forth herein and more fully described in Section 1.0. D. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #266211), and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. E. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those landscape maintenance services (collectively "Services") in the Request for Proposals attached hereto as Exhibit A, Contractor's Proposal attached hereto as Exhibit B, and Labor Law Provisions attached hereto as Exhibit C, all which such exhibits are incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, State, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor 2of21 hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the Scope of Services to be performed, including all City Facilities, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 1.6. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council as specified in Subsections 3.2 and 3.3. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years ("Original Term") and shall expire at midnight on September 1, 2026, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from September 1, 2026 through and including September 1, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from September 1, 2027 through and including September 1, 2028, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. In consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on 3of21 the bid schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) per year for the Original Term. 3.2 Payment for any additional work authorized by the City during the Original Term pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, and in consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on the bid schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to - exceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) for each one-year extension. Payment for any additional work authorized by City pursuant to Subsection 1.6 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 4of21 5.1.1. This Agreement may be terminated by City, without cause, upon giving Contractor written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Contractor. 5.2.1. This Agreement may be terminated by Contractor based on reasonable cause, upon giving City written notice thereof not less than 90 days prior to the date of termination. 5.2.2. This Agreement may be terminated by Contractor, without cause, upon giving City written notice thereof not less than 180 days prior to the date of termination. 5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued by City under Subsection 5.1, or upon the date of termination indicated in Contractor's notice of termination issued to City under Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Diego Barrera is the Contractor's primary representative for purposes of this Agreement. Diego Barrera shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient 5of21 time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: BrightView Landscape Services, Inc. 1420 S. Allec St. Anaheim, CA 92805 Attn: Diego Barrera 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of 6of21 City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. In addition to all other provisions of this Agreement, Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to 7of21 promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. In addition to all other provisions of this Agreement, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and City's elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, notes, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, information, or other Work Product (as defined in Subsection 12.1) developed or prepared by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or 8of21 subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, directors, employees, agents and/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 Services performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Work Product 12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product 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 upon payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent, provided that Contractor will not be held liable for any use, reuse or modification of the City -owned Work Product for purposes outside this Agreement. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1. 9of21 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Contractor shall defend, indemnify and hold City, and its elected and appointed 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 Work Product is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or interests, 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 without City's consent 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, 10 of 21 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 Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for 11 of 21 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: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury including death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability with minimum limits of no less than $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving 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 Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 12 of 21 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 Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials. 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the 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 excess of Contractor's insurance and shall not be called upon to contribute with it. 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City. 13 of 21 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under any provision of this Agreement. 17.13. Broader Coverage/Higher Limits. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 14 of 21 17.15. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duty. 18.1.1. General Indemnities. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 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, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities" in this Agreement), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or 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 this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. For Liabilities arising out of "design professional services" as defined in Civil Code Section 2782.8(c), and in accordance with Civil Code Section 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. 18.1.3. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from 15 of 21 each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractors shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any 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 Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section 18.0 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate, harass or retaliate 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, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, national origin, handicap, ancestry, sex, gender, sexual 16 of 21 orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law. 20.0 Workers' Compensation Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Non -Exclusive Agreement Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 23.0 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. 24.0 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. 25.0 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 17 of 21 Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 26.0 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 as a result of this Agreement. 27.0 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. 28.0 Prohibited Interests; Conflict of Interest 28.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 28.2. 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. 18 of 21 28.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section 28.0. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 30.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 31.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 19 of 21 32.0 Mutual Cooperation 32.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 32.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 33.0 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. 34.0 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. 35.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 36.0 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. 37.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 20 of 21 H!Cpols2 epo-eln' Cur VSIOWsA BA \% ybbioneq s2 fo Eouu: elous D' Halbsl' C.0 CIsIK BA: Weal: 1111 H' ludlsw' CIFA ptsus8sl BA: CIIA OE 2EVf BEVCH tieszmsl otzncp mbmsgou') eptst tusuctst oypsl m SUX sss!%Sut zsmepw SWA ezzlztellt sm%sw tpz OL aux NCC blszlgsuv suq �q) too cpsnbelzou of Fps poaq tps btsztgeut sscp of tps totpmA C%oja tex. V) we Colbolst!ouz Cogs 2scgoo 313 lW W tol cmbomous bmznsut to Csttto uts tbtesze uots' tM z,8ustmse l dn!Isq 1p: DI46C(el of Elusucs p!swe: 24e P19u161epu u BA' Ifa: i1\nlQ\e.n CR\Yz�-L H9Wa: Csptow!s Coibolspou fVHD2CVbE 2EVAICE2' IHC' s COMIEVCIOIS: ' BI&ICHIAIEM spons Mugsu' Isbleasulsl!nsa psne exeenlsq pa VBcsswsu5 se of Ipe gsle suq Asst plal 10 MI1HE22 MHEISEOb' Ips bsu!ea psw(o' IplonBp tps!I IsabsCllne sntpoussq EXHIBIT Request for Proposals for City -Wide Landscape Maintenance Services City of Seal Beach Request for Proposals for City -Wide Landscape Maintenance Services RFP responses to be received until 12:00 P.M., June 5, 2023 in the Public Works Department ATTN: Sean Sabo, Management Analyst Approved for Advertising: Iris Lee Director of Public Works Date Issued: May 2, 2023 '�r�w K Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL CONFERENCE AND QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Contract Scope of Services EXHIBIT B — City Landscape Area Map EXHIBIT C — Sample Contract EXHIBIT D — Price Proposal (0 at� fp? REQUEST FOR PROPOSALS FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES ALL INTERESTED PARTIES MUST REGISTER THROUGH PLANETBIDS. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA THE PLANETBIDS PORTAL. I. INTRODUCTION The City of Seal Beach ("City") Public Works Department is requesting proposals from qualified contractors to provide professional landscape maintenance as detailed in the Scope of Services. General items of work include mowing, aeration, mulching, turf maintenance, irrigation repair & timing, hand weeding, litter pickup, raking, plant maintenance, minor tree maintenance, and hand watering. The objective of this Request for Proposal ("RFP") solicitation is to identify the qualified contractor to provide the requested services for an anticipated term of three (3) years, with two (2) possible one (1) year extensions. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals. II. QUALIFICATIONS Minimum Qualifications • Minimum of seven (7) years of experience in professional landscape maintenance services. Experience and/or demonstrated ability to provide satisfactory services. • The successful bidder and any subcontractor(s) must possess a current and valid California contractor's license(s) in the classification (s) required by law to perform the work (C-27 Landscape Contractor License). • Licensed California Pest Control Advisor on staff. • Local staffing able to respond to an emergency call-back within 30 minutes, and able to deploy the appropriate resources to respond within two (2) hours after being contacted by the City. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Maintain, or have the ability to quickly acquire, all necessary materials, labor, equipment, and other incidental and appurtenant work necessary for the landscape maintenance services. (0 at� fp? Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. III. SCOPE OF SERVICES The City of Seal Beach intends to obtain the services of a qualified firm to provide the services as outlined below. Best industry practices and/or best management practices may require additional services not explicitly enumerated. The proposer should identify any additional services required, price them, and explain them in their response. Project Scope See Exhibit A. Contractor Responsibilities 1. Contractor shall be responsible for completing all work as specified in Scope of Services. 2. Contractor shall designate a single point -of -contact with decision making authority for Work under this Contract, and shall be available during regular business hours. 3. Contractor shall prohibit any persons other than those designated and employed by the Contractor to accompany landscaping staff for Work. 4. Contractor shall provide all equipment, labor, supervision, method of processes, and materials necessary to complete the Work. Contractor shall keep all materials and equipment neat, clean, and readily available at all times. 5. Contractor shall provide all materials of good quality, as approved by the City, and in the amounts necessary to fulfill the Contract requirements and to accomplish an acceptable and professional level of service. 6. Contractor shall bring to the attention of the City any defective or inoperative equipment no later than the following day after discovery. 7. Contractor shall be responsible for securing any and all locks after work has been completed. 8. Contractor shall promptly and properly dispose of all debris accumulated as a result of landscaping. 9. Contractor shall be responsible for timely payment of any subcontractor, material persons, workers, and suppliers. 10. Contractor shall have a valid City of Seal Beach business license for the term of the Contract, if selected. 4 PRAGO Works Billina Form. Records and Reports • Contractor shall furnish and maintain daily logs and records for all landscaping areas. The records shall include the name of supervisor, date, time in/time out, location, work performed, at a minimum. The format of said records shall be approved by City prior to use. • Contractor shall provide a copy of any or all records to City upon request. • Contractor shall maintain such record through the term of the Contract, plus three (3) years after Contract termination. • Contractor shall provide a billing form and progress payment form approved by the City. Protection from Damage • Contractor shall protect all public and private property that is not part of Work. • Contractor is liable for any damages as a result of its staff using improper techniques and/or materials. Contractor shall repair such damage at Contractor's sole expense. Withholding of Payment In the case that work scheduled for performance is not performed, or does not meet the quality standards as required by the City, the City may allow the Contractor to correct the deficiencies without penalty either during the next scheduled shift, or at a time mutually agreed upon. In the case that deficiencies are not corrected as required, the City will impose a deduction from the Contractor's following monthly invoice a fee to be determined by the City based on required performance, not to exceed $500.00 per individual occurrence, per location. PPrsnnnPl The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Contract. a. Contractor's Staff • The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes shirts shall be worn at all times. • The Contractor must employ sufficient personnel to perform all work as scheduled and approved by the City, including Contractor personnel transition periods. b. Supervision • Contractor shall ensure a minimum of one (1) English-speaking employee working with each landscaping crew at any time. PRAFIIV Works • Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. c. Typical Tasks Contractor shall supply his/her staff with the necessary skills to perform duties in connection with Work contemplated under this Contract. d. Knowledge and Abilities All analyses and procedures shall be performed in a manner approved by the City and the State Health Department, including suitable experience in the field to perform the required Work in a safe and thoughtful manner. Equipment The Contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Contract. City may make available to Contractor selected equipment for the purposes of performing the Work. City may revoke ability to use said equipment at its discretion without notice and/or compensation to the Contractor. a. Equipment • All equipment used by the Contractor shall be maintained in a clean appearance and in good operable condition. All equipment shall also be properly adjusted, from an operational safety standpoint. • All equipment used by the Contractor shall adhere to Seal Beach Municipal Code Chapter 7.15 (Noise). b. Vehicles • Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. Emergency Service Contact Information and Response The Contractor shall provide the City at all times throughout the duration of this Contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor shall not be more than 30 minutes, deployment of appropriate resources to respond within two (2) hours, and shall be considered part of the normal Contract except when delayed by problems caused by vehicle accidents or Acts of God. P (0 at� fp? Progress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Any exceptions shall be approved by the City. Alteratinns • The City reserves the right to increase, decrease, add, delete, and alter any item or portion of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from the Work, as may be determined during the progress of the Work to be necessary. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as modified. In the event that a location is closed for repair, construction, emergency, or any other event(s) where Work cannot be performed, City will notify Contractor of such closure five (5) business days in advance. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra services shall be negotiated on a time -and -material basis with a "not to exceed" amount. IV. PRE -PROPOSAL CONFERENCE AND QUESTIONS A mandatory pre -proposal conference is scheduled for 10:00 a.m., Thursday, May 18, 2023 at the Seal Beach City Yard, 1776 Adolfo Lopez Dr., Seal Beach, CA 90740. All prospective bidders must attend. At this time the City will respond to all questions and address clarifications relative to the RFP process. For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Joseph Talarico Maintenance Services Supervisor Department of Public Works 1776 Adolfo Lopez Drive Seal Beach, CA 90740 Italarico(a)sealbeachca.gov (562) 431-2527 ext. 1318 The City will respond to all questions and requests for clarification received by May 31, 2023. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Mandatory pre -proposal conference 05/02/2023 05/18/2023 ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interviews ■ Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals (0 at� fp? 05/31/2023 06/05/2023, 12:00p.m. June 2023 July 2023 July 2023 Proposals are due by 12:00 PM on June 5, 2023 to the following. Postmarks will not be accepted. Sean Sabo Management Analyst Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ssabo(a)_sealbeachca.gov (562) 431-2527 ext. 1431 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). E:. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Certifications Understanding/Approach (0 at� fp? References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Certifications: Provide a copy of a current and valid California contractor's license(s) in the classification (s) required by law to perform the work (C-27 Landscape Contractor License). Understanding/Approach: Describe the Contractor's key issues that may need special attention. Describe and each task needed to complete the project. understanding of the Work requested in this RFP, any how the Contractor will approach the scope of services Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of three (3) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. • Contract outcome • Contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: Contractors will be required to submit a "Price Proposal" as shown in Exhibit D. Additional labor and material rates may be provided in addition to Exhibit D. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit D. M7 PRAGO Works Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. FEE AND COST PROPOSAL Before responding and submitting a proposal, it will be the responsibility of the Contractor to visit and familiarize him/herself with each location to determine the work to be done. An mandatory pre -proposal meeting is scheduled to facilitate this process. In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following: 1. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 2. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor. VIII. INTERVIEW Top ranked Contractor team(s) will be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 10 at� f zoz evsc� P�lin Works POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (50 points) a. Relevant experience, specific qualifications, and expertise of the Contractor and sub -Contractors to perform the Work. b. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. c. Quality of references from at least three (3) agencies the Contractor currently or have previously contracted for in the past five (5) years. d. Contractor's understanding and approach of the Work. e. Services offered and/or excluded. 3. Fee (50 points) a. Price proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Contractor shall maintain an adequate crew of employees to perform the Work required. b. Contractor will be required to supply a list of references for similar work performed. c. Contractor will be required to supply a list of sub -contractors, if applicable. d. Contractor will be required to supply additional experience references, if requested. 11 PRAP118 Works e. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the Contract. f. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. g. Hourly rates and unit prices quoted shall include all safety equipment required. All incidentals shall be included in quoted prices. h. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. i. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such 12 (0 at� fp? applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal. 13 at� f zoe evsc� P�lin Works EXHIBIT A CONTRACT SCOPE OF SERVICES 14 PRAP118 Works The work shall include furnishing all labor and equipment necessary to maintain City parks, medians, parkways, and City facilities. Duties include, but are not limited to, trash collection, cleaning of city property and facilities, maintaining turf, hardscape surfaces, ground cover, shrubs, vines, and trees, maintaining and repairing irrigation systems, maintenance of drainage facilities, and providing weed and pest control regardless of weather conditions. SCHEDULING OF WORK The Contractor shall provide the Maintenance Services Supervisor with a weekly schedule submitted the Friday before the week of the scheduled work. The schedule must identify landscape areas and facilities to be maintained that week and the specific tasks to be completed. Schedule must follow the maintenance activity schedules outlined within this contract scope of work. General/Daily Maintenance Unit price for Bid Price Item #1 shall be inclusive of the following tasks for every maintenance area included in this contract: 1. The daily (rainy days included) removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out -of -place or discarded items upon sight by the contractor. 2. The daily (rainy days included) removal of any dead plant material upon sight by the contractor including weeds. 5. The daily (rainy days included) removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark upon sight by the contractor. 3. All refuse material shall be disposed of by the Contractor in the City's refuse dumpster (1701 Aldofo Lopez Dr.) 4. Daily — 365 days — (rainy days included) - emptying of trash cans in every park and at various locations throughout the City (approximately 60 trash cans in total). All trash cans must be emptied before noon each day. Playground Maintenance General/Daily Maintenance 1. Clean, rake and level playground wood chips daily (rainy days included). 2. Clean, rake and level play sand daily (rainy days included). 3. Daily (rainy days included) removal of graffiti. 4. Daily removal of leaf litter or other debris from sports courts and spider webs from play equipment. 15 at� f zoz evsc� P�lin Works General Property Maintenance All repairs to damaged City property shall be completed within twenty-four (24) hours after damage is reported or noticed, by contractor's staff or by City. 2. Every instance of damage shall be reported to the Maintenance Services Supervisor. 3. All sidewalks adjacent to City -maintained parkways shall be swept, blown or cleaned daily, if necessary, to remove any glass or debris. In addition, all sidewalk areas shall be thoroughly cleaned every week on the day the area is maintained. 4. All areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 5. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily. 6. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). 7. Main Street shall be inspected daily, and all sidewalks must be kept free of debris from tree leaves, trash, and litter. The contractor will be responsible to sweep or blow as necessary. Failure to comply with the scope of work related to General/Daily maintenance shall result in a performance deduction in the amount of $500 per incident per day. Payment for general maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days trash was collected during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. Weed Control Unit price for Bid Price Item #2 shall be inclusive of the following tasks: 2. All weeds shall be removed upon sight, on a daily basis. Planters, non -concrete walkways, i.e.: decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, shall be kept free of grass and weeds at all times. 3. Turf grass shall be weed free at all times • Common reed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness. 4. When requested by the Maintenance Services Supervisor, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor. Any pre -emergent herbicide used will be considered a weed management tool and the cost will not be reimbursed by the City. 5. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City. 16 PRAP118 Works 6. The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins. 7. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen days upon discovery by the Contractor and/or the City. 8. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces. 9. Weed Control of Landscaped Areas: A. The contractor is required to always maintain all landscaped areas in a weed -free condition with no exceptions, and a regular program of chemical application shall be used to prevent, or control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches will be removed by hand and not sprayed. Any "non -target" or "desirable" plant material un -intentionally sprayed or removed during manual weeding shall be replaced at contractor's expense. 1) A contact herbicide shall be employed to control broadleaf weeds as required to maintain turf grass in a completely "weed free" condition without injury to turf. a) Weeds not eradicated with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. 2) In addition, turf grass areas shall be treated as follows: a) Between January 15 and February 15, a pre -emergent crabgrass control shall be applied to all turf areas. b) Twice per year, in December and June, a broad-spectrum fungicide (such as Actizone RZ, or a fungicide approved by the City) shall be applied at the manufacturer's recommended coverage rate. B. All restricted chemicals to be used to control weeds shall be approved by the Maintenances Services Supervisor prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Maintenances Services Supervisor a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Maintenance Services Supervisor written approval is obtained. 17 PRAP118 Works 1) Written recommendation shall include the following information: a) Owner or operator of the property to be treated. b) Location of property to be treated. c) Commodity, crop, or site to be treated. d) Total acreage or units to be treated. e) Identification of weed(s) or pest(s) to be controlled by recognized common name. f) Name of each herbicide or device recommended or description of method recommended. g) Dosage rate per acre or other units. h) Warning of the possibility of damages by the application from hazards that are known to exist; and i) Signature and address of the person making the recommendation, the date, and the name of the employer. 2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Maintenance Services Supervisor shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations. 3) Contractor shall calibrate all chemical application equipment prior to each use to ensure chemicals are applied at the rate specified in the written recommendation. 4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a watertight connection to prevent any leakage of chemicals from the point of connection to spray equipment. 5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application. 6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Maintenances Services Supervisor in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to ensure public safety since all areas will be open to public access during application. M-1 PRAP118 Works 7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label. C. Non -restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas. D. The Contractor shall not be allowed to use the restricted chemicals 2,4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor. 1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary measures necessary to prevent contamination of these areas. 2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required. 3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. Chemicals shall be applied within the drip line of any ornamental shrub. Large mature weeds should not be sprayed. 4) Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period. Failure to comply with the scope of work for weed control shall result in a performance deduction of $500 per day per incident. Payment for weed control shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days weed control was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. Turf Grass Maintenance Mowing Unit price for Bid Price Item #3 shall be inclusive of the following tasks: 2. All turf areas shall be mowed once per week throughout the contract period. Exact dates shall be set on an annual calendar to provide 52 mows per year. The 1/3" rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turf grass. 3. Mowing shall be performed on the same day each week. Initial weekly schedule must be submitted, and any changes must be approved by the Maintenance Services Supervisor prior to implementation. 19 PRAGO Works 4. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within three working days. If adverse weather or ground conditions persist, the Maintenance Services Supervisor may change annual schedule. 5. Cutting heights shall be adjusted to the type of grass in accordance with the following: Bluegrass and Fescue (June through September) 3 inches (September thorough May) 2 inches St. Augustine (Year -Round) 2 inches Bermuda (Year -Round) 1 inch 6. All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a power - driven 7 -blade reel type mower. Bluegrass and Fescue may be mowed with either power -driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 7. When conducting "rotary type" mowing activities in City Parks a mulching deck rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched, then they will need to be removed the same day they are cut. 8. All trash and paper products shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off-site, in a lawful manner, at the completion of mowing. 9. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf. 10. All walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first. 11. Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to turf mowing. Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary. Contractor shall obtain approval from the Maintenance Services Supervisor before any weekend watering occurs. 12. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes, or fixtures. Do not mow areas that are wet or saturated. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at his/its expense. 20 PRAP11V Works Renovation, Aeration, and Dethatching: All turf areas shall be aerated twice per year once between February 15 and March 15, and once between October 15 and November 15 to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top -dress may be required by the Maintenance Services Supervisor. 2. Aeration shall be accomplished by removing 3/4" diameter by three-inch deep cores at a maximum spacing of six inches by use of a mechanical aeration machine. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site the same day. Contractor shall be responsible for the marking of all irrigation heads, valve boxes, quick coupling boxes, electrical boxes and any other in ground equipment that could be damaged by the Aerator tines. Should any of the above equipment get damaged during the aeration process contractor shall be responsible for immediate replacement and repairs at contractor's expense. 3. All turf areas shall be dethatched once per year between September 15th and October 15th or as directed by the Maintenance Services Supervisor. a) Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate the soil % inch. b) All thatch and debris shall be picked up and disposed of off-site prior to the end of the workday. After clean-up, mow turf at regular cutting height. c) All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first. Refurbishment of Turf grass Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas. Contractor shall re -sod 20,000 square feet of turf grass area complete in place on an annual basis at no additional cost to the city. The City shall determine the locations and quantities for re -sodding efforts. Winter Overseeding of All Turf Areas Upon the completion of dethatching all grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the Maintenance Services Supervisor. 2. Turf grass areas that have multi type grasses (i.e.: Kikuyu Grass, Fescue Grass, Bermuda Grass, Blue Grass, etc.) will be over seeded using the "Imperial Blend" grass seed or an approved equal. 21 PRAP118 Works 3. Fertilize all grass areas to be over seeded. Broadcast 6-20-20 fertilizer at the rate of 6 lbs per 1000 square feet or approved equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas. 4. Immediately after dethatching operations with a verticutter, the area will be aerated. These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other. 5. Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil. 6. Remove diseased or unsatisfactory turf areas; do not bury into soil. Remove topsoil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc. 7. Topdressing, when applicable, shall be applied with materials and methods approved by Maintenance Services Supervisor. 8. Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the Maintenance Services Supervisor. 9. After preparation and over seeding have been completed, the area will be watered. Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a dept of 1/2" during daylight hours. 10. When the perennial rye grass approaches a height of 2" to 2%", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf. 11. The rye grass over seeding will be completely established by November 1. 12. After first mowing, and subsequently thereafter, fertilize with 1 Ib N/1000 SF through the winter fertilization period. Summer Overseeding of all Turf Areas All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually beginning in June or as required to maintain adequate appearance, as determined by the Maintenance Services Supervisor. 2. Reseeding shall be performed in accordance with the following criteria: A) All areas to be reseeded shall be raked or verticality cut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding. 22 PRAP118 Works B) Areas to be reseeded shall be fertilized to provide 1'/2 pounds of nitrogen per 1,000 square feet. Chemical formulation of fertilizer to be used shall be 10-10-10 unless otherwise specified by the Maintenance Services Supervisor. C) Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria: i) Minimum purity shall be 98% weed free for all grasses. ii) Minimum germination rate shall be 85% for all grasses. iii) No seeds shall be applied without prior verification of seed quality by the Maintenance Services Supervisor. iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation. v) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with topper soil to prevent erosion and reduce evaporation of soil moisture. Edging 1. All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified by the Maintenance Services Supervisor. All edging should be completed with a fix blade edger. String trimmers or weedwhackers shall be permitted for edging only on emergency basis. 2. Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf growth around all trees shall be controlled by chemical application, not to exceed a 12" distance from the trunk. 3. Chemical application shall also be used on areas such as along concrete, asphalt, and decomposed granite trails/paths, around sports field equipment, fence lines, etc., but not on the fields areas. a. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights. b. Contractor shall use only non -restricted chemicals to perform chemical edging. Chemicals shall be approved by the City representative prior to use. A Notice of Intent to apply non- restricted/restricted materials form shall be completed and submitted to the City a minimum of fourteen (14) days prior to intended use. Agriculture DPTD Haz form shall be provided by the City. No work shall begin until written approval is obtained from the Maintenance Services Supervisor. c. Chemicals shall be applied only by persons processing a valid California Pest Control Operators License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates times, methods of application, chemical formulations, weather conditions at the time of application, and applicators name shall be made and retained in an 23 PRAP118 Works active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture Regulations. d. Chemical edging shall be restricted to a four (4) inch wide strip around buildings, planters, concrete, decomposed granite, and asphalt trails/paths, and other projections, a twelve (12) inch radius around tree trunks, and an eight (8) inch wide strip around sports field equipment and fence lines. e. Chemical edging shall be performed a minimum of once every 60 days. 4. All walkways, roadways, trails/paths, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off-site prior to the completion of that days edging operations or by the end of the day, whichever occurs first. Failure to comply with the scope of work for turf grass maintenance shall result in a performance deduction of $500 per day per incident. Payment for turf maintenance shall be for the actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days turf grass maintenance was conducted during that billing cycle or period. Payment shall be based on the unit bid price and actual quantities completed. Shrubs All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers. 2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches. 3. Whenever shrubs die as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required shrubs. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should shrubs expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same exact species and size of the existing plant material at no cost to the City. 4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant -by -plant species basis. 5. Shrub mounding shall not exceed eighteen inches in height within areas required for vehicular line -of - sight distance depending upon roadway topography. (Maintenance Services Supervisor is to be informed by Contractor if the plant material will continually be a problem.) 6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed. 24 PRAGO Works 7. Shrubs designed to be grown full size shall not be sheared or trimmed. Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Maintenance Services Supervisor. 8. All shrubs shall be pruned to prevent encroachment onto private property. 9. Pruning Procedures: A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions. B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing. C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning. D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne). 10. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work. 11. Existing shrubs shall be replaced by the Contractor if it is determined by the Maintenance Services Supervisor that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size. Vines Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports. 2. Nails shall not be used to secure vines on masonry walls. 3. Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth. 4. Pruning of vines will be in accordance with good horticultural practices. 5. Whenever vines die as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required vines. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should vines expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at not cost to the City. Ground Cover Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs. 25 PRAP118 Works 2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis. 3. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants. 5. All planter areas and tree wells located in the city parks shall be mulched to a depth of 3 inches once per year, along with a per -emergent application at no extra cost to the City. 6. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations. 7. The un -mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24 -inch maximum height with approval of the Maintenance Services Supervisor. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color. 8. Whenever groundcover dies as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required groundcover. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should groundcover expire due to contractor's negligence, all replacement charges shall be at contractor's expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no extra cost to the City. 9. All medians, parkways and shrub beds and tree wells located in City parks shall be mulched once per year by February 1 each year at no additional cost to the City. The mulch application must follow a pre - emergent treatment. The scope of work for landscape maintenance shall be completed on a weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction of $500 per day per incident. Payment for landscape maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days landscape maintenance was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. Maintenance of Drainage Facilities The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v -ditches), located within each park and landscaped areas on a monthly basis. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. 26 PRAP118 Works All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to Maintenance Services Supervisor. Fertilization Scheduling Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Maintenance Services Supervisor. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, frequency applied, and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.). General - Fertilization Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications. Method of Application In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow power take -off (PTO) driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non -target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas -powered blower, etc.) Timing of Application When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials. Trees and Shrubs Fertilizers, pre -approved by Maintenance Services Supervisor, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro -nutrient deficiencies. Landscaped Areas All landscaped areas shall be fertilized in accordance with the following criteria: 1. All proposed chemical formulations shall be submitted to the Maintenance Services Supervisor for approval prior to use. 2. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule. 27 PRAP118 Works 3. Ground cover areas shall be free of moisture at the time of fertilizer application. Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. Soil Tests for Fertilization Upon request, soil samples for testing shall be taken from landscape locations as determined by the Maintenance Services Supervisor. Samples shall be tested at an agricultural soils testing laboratory approved by the Maintenance Services Supervisor. 2. Contractor shall pay all costs for testing, taking samples, pickup, and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter. Ground Cover Apply fertilizer a minimum of 2 times a year, (March and September) to all landscape areas with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package. Vines Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and September, or needed to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package. Fertilizing of Turf Grass Apply fertilizers to provide sufficient nutrients on a regular basis to keep turf grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used, and frequency applied will be recorded. 2. Use 6-20-20 starter fertilizer at a rate of 1 Ib. P and K per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer at a rate of % Ib. N / 1,000 square feet per month through the winter fertilization period. 3. Winter fertilization period shall begin November and continue until the end of March. A 16-20-20 commercial fertilizer shall be required. 4. Summer fertilization period shall begin April and continue until the end of September. A 16-6-8 or 16-4- 4 commercial fertilizer shall be required. 5. For additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), the Contractor will be paid extra for the special applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement. 28 at� f z& ev';� P�lin Works 6. The Contractor shall supply to the City a list of dates and approximate times each bid area is scheduled for fertilizer application before the Contractor begins fertilization. 7. All proposed changes in formulation shall be submitted to the City for approval prior to use. 8. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast. 9. The Contractor shall take precautions to contain the fertilizer to planting areas only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application. Turf Fertilization Schedule FREQUENCY TYPE & SOURCE 1 x 15-15-15 Commercial 1 x 16-6-8 or 21-4-4 Commercial 1 x 6-20-20 XB + Commercial Landscaping Fertilization Schedule FREQUENCY TYPE & SOURCE TIME OF YEAR Winter (October) Summer (April) @ summer reseeding October @ winter reseeding TIME OF YEAR 2 x 40-10-10 March 1 & September 1 Slow Release 4-1-1 w/iron or Approved Equal Trppc Trees shall be fertilized and aerated by Landscape Maintenance Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition. Compliance Inspection Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory. Failure to comply with the scope of work for fertilization shall result in a performance deduction of $500 per day per incident. Payment for fertilization shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days fertilization was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed. 29 PRAGO Works General - Irrigation System Maintenance The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City's irrigation usage. Contractor shall follow all water conservation regulations and water efficient landscape ordinances. Irrigation/Operation and Maintenance Scheduled Times Irrigation shall be accomplished in accordance with Contractor -provided schedules. The following irrigation times shall be applied to various types of public facilities: A. Medians, Parkways and Parks: (Sunday -Thursday) 10:00 PM - 6:00 AM B. Manual Irrigation: (Monday -Friday) 7:00 AM - 3:00 PM Failure to adjust irrigation controllers to comply with designated watering windows and Contractor - provided schedules will result in a performance deficiency deduction. 2. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles. 3. Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual irrigation cycles shall be conducted in accordance with the following criteria: A. There shall be minimal drift onto private property or roadways caused from the wind. B. There shall be irrigation personnel present at each location until watering cycle is completed. 4. Contractor shall respond within two (2) hours of any request by the Maintenance Services Supervisor to turn on/off irrigation systems, particularly in respect to rainfall. 5. All damages resulting from under or over watering shall be repaired at the Contractor's expense. Operation/Repair The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote -control valves; gate valves, ball valves, and backflow devices; main and lateral lines; pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor is required to notify the Maintenance Services Supervisor of mainline failures within twelve (12) hours of occurrence. 2. All irrigation systems shall be tested and inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted biweekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction. ' P�r�lls H►SPXs 3. All systems shall be adjusted in order to: A. Provide adequate coverage of all landscape areas B. Prevent runoff and/or erosion C. Prevent watering roadways, facilities such as tennis, basketball or handball courts, walkways, trails, fences, and private property D. Match precipitation rates E. Limit evapotranspiration loss using State of California ET area ratings. F. Limit hazardous conditions G. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance. H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness. Contractor will keep system in adjustment by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. At any time, Maintenance Services Supervisor may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. 4. All system malfunctions, damage, and obstructions shall be recorded, and timely corrective action taken. 5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary. A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within twelve (12) hours of receipt of written notice. B. Correct deficient irrigation systems and equipment as necessary following notification from the Maintenance Services Supervisor. The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. C. Once the City representative acknowledges the necessity to turn on the water once again, all controllers shall be activated within twelve (12) hours. 6. Adjustment, damage, and repairs shall be divided into the following categories and actions: 31 PRAP118 Works A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.) Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed, and the proper heads are installed. Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match application rates. Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads. B. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system. C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows: 1) Theft (missing heads) 2) Storm damage (Acts of God) 3) Damage by others 4) Malfunctions to automatic controller, remote control valves, or pressure lines. D. Damage and repairs shall be divided as follows: 1) Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. 2) Major repairs shall include all items before the automatic control valve including but not limited to backflow devices, pressure regulators, and mainline control wire (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost. E. Repairs to the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by Maintenance Services Supervisor for major component damage such as broken irrigation mainlines. F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop -ups are used, adjust pop-up height, and do not convert to a riser. 32 PRAGO Works G. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor. H. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to eliminate run-off. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City. The Maintenance Services Supervisor will conduct spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract. K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Maintenance Services Supervisor. L. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor. M. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City -approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired. N. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge. O. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The Maintenance Services Supervisor will confer with the Contractor when the sprinkler system controllers are to be turned back on. P. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers. Q. Monthly water meter readings are required to be provided to the City by the 10th of the following month. 7. Personnel A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation 33 PRAGO Works controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English. 8. Materials A. All replacement materials are to be with original types and models unless a substitute is approved by the Maintenance Services Supervisor. B. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. C. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. D. The cost for all irrigation repairs shall be controlled via the unit bid price for extraordinary irrigation repairs. E. All materials are to be new and identical to existing materials, unless directed otherwise by the Maintenance Services Supervisor. 9. Invoicing A. Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet. 10. Water Management A. All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape. B. All program changes shall be recorded on an Irrigation Management Form. C. Water meter reading for each system shall be submitted on a monthly report the first working day of each month. D. The watering schedule will be established and programmed by the Contractor's landscape maintenance supervisor. Application rates will be based on the amount the planting areas are capable of receiving without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied. E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system which provides for repeat 34 PRAP118 Works cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off. F. The irrigation system will be physically inspected a minimum of once per week (excluding Saturday and Sunday) to keep the system operating at an optimum level of efficiency. G. Particular observation shall be paid to all slope areas which will, by physical nature, provide for greatest potential run-off. H. Contractor will be responsible for hand watering any areas not provided with an irrigation system. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material bi-weekly or more often if required to prevent plant damage. Contractor will submit to the Maintenance Services Supervisor a copy of the irrigation schedule for each controller. K. Contractor will be expected to use minimal amount of water in all areas but maintain healthy plant growth. L. Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Maintenance Services Supervisor will be notified immediately. M. Automatic controllers will be kept locked at all times. N. All non -stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Maintenance Services Supervisor. New enclosures shall be made of stainless steel. O. Contractor will maintain an active "site schedule" in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented upon review by Maintenance Services Supervisor. GUARANTEE AND/OR REPLACEMENT POLICY The contractor has the ultimate responsibility to ensure that all landscaping and turf grass is maintained in healthy and aesthetically pleasing condition. All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by Maintenance Services Supervisor that they died due to Contractor's negligence. All existing plant material that dies as a result of contractor negligence shall be replaced at the Contractor's expense. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense. 35 ' P�r�lls H►SPXs GENERAL PROVISIONS Minimum Staffina Reauirements Contractor shall provide adequate staffing levels to service this contract to ensure, maintenance activities are completed according to the schedule intervals required herein. If contractor falls behind schedule additional staff will be required at contractor's expense to ensure schedules are adhered to. The City requires that the contractor provide one full-time (1) irrigator and one full-time (1) irrigation assistant. The City requires that the contractor provide four full-time (4) median/weed abatement crew maintenance workers and four full-time (4) mow crew workers to provide service throughout the City. Completion of Extra Work Contractor must utilize separate crews to provide all extra work activities. Contractor may not use regular maintenance crews for extras. Regularly scheduled maintenance work shall be completed in conjunction with extra work and cannot be postponed in order to complete extra work. Failure to comply with this requirement shall result in a $500 performance deficiency deduction per incident. Storage Yard The City will provide a storage yard for the Contractor's use to store vehicles and equipment used to provide maintenance services to the City of Seal Beach. The storage yard is located at the northwest end of Adolfo Lopez Drive. The Contractor shall store ONLY VEHICLES & EQUIPMENT THAT IS ASSOCEATED WITH THE CITY OF SEAL BEACH LANDSCAPE MAINTENANCE CONTRACT. Failure to adhere to this requirement will result in the termination of the yard agreement and/or termination of this contract. It is the contractor's responsibility to verify the size and location of the storage yard. The City will provide a 40 CY tallboy bin in the yard for disposal of landscape waste collected within the City of Seal Beach only. The bin will be emptied weekly. Any damage to the yard shall be repaired at the sole expense of the contractor. Turfgrass Maintenance — Zoeter Park, Arbor Park & Bluebell Park Contractor shall provide designated mowers to each sports field to prevent cross -contamination. Bermudagrass maintenance (Apr -Oct) Mowing: Once Bermuda grass comes out of dormancy begin mowing at 3/4" height to reduce shade from cool - season grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1x per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height Of '/2"- 3/4". Fertilization: Apply a complete fertilizer at a rate of 1 Ib of N per 1000sf every month. In June and July, the amount of N can be increased to 1.5 lbs per 1000 square feet or an additional application of 1/2 Ib per 1000 square feet can be applied two weeks following the 1 Ib N application. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) '/4 that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July — this can be either in granular form or liquid form if spray equipment is available. Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity. Vertical cutting PRAP118 Works blades should be spaced approximately every %" and set to the depth of the soil surface. If equipment has vertical blade spacing greater than 2" then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolons that can be placed in heavily worn areas for establishment. Aeration: All sports field turf areas should be core aerified every month. Deep -tine aeration is to be performed once a year in the summer when the fields are not in use. Depending on the depth of irrigation pipes aerating to a 12" depth is required. If deep -tine aeration is not an option, then core aerating to a minimum of 3" is recommended. Cores must be collected from the field at the conclusion of each workday. Topdressing: Topdressing should be performed at the same time aeration takes place. Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm) and 10% finely composted organic material. Application rate should be approximately 40 cubic yards per acre. Perennial Ryegrass / Tall Fescue Maintenance (Oct -Apr) Mowing: Raise the height of cut to 1" and mow 1x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3 rule is followed. Fertilization: Apply a complete fertilizer at a rate of 3/ Ib of N per 1000 square feet every month. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P)'/4 that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper, and boron) at the label rate in November — this can be either in granular form or liquid form if spray equipment is available. Aeration: All turf grass areas should be core aerified every month. Cores must be collected and removed by the end of each workday. Since the fields are in heavy use during this time of the year solid -tine aeration can be used effectively to minimize surface disruption. It is, however, important to create an avenue at the soil surface for water, oxygen and carbon dioxide exchange with the atmosphere. Topdressing: Topdressing should be performed at the same time aeration takes place. Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm) and 10% finely composted organic material. Application rate should be approximately 20 cubic yards per acre for minimum impact on field activity. Overseeding: Because of the heavy use periods during the winter when the preferred Bermuda grass is dormant over seeding is necessary to support field activity. Over seeding should be performed as follows: • Overseed in late September to mid-October • Mow grass at 3/4" height and leave clippings. • Spike with solid tines to a %" depth • Uniformly apply 3 -way blend of perennial ryegrass with a broadcast spreader (Lely pull -behind, etc) at 10-15 lbs per 1000 square feet • Top dress with a mix of 90% medium washed sand and 10% organic at a rate of 40 cubic yards per acre • Fertilize with a pre -plant fertilizer (BEST 6-20-20, etc) at 1 Ib P and K per 1000 square feet • Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity) • Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out 37 (0 at� fp? during establishment (10 days typically) Soecialty Areas All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily (rainy days included). Deficiencies shall be reported in writing immediately to the Maintenance Services Supervisor. Play equipment shall be pressure washed on a quarterly basis or as directed by the Maintenance Services Supervisor. Sand Court Areas A. These areas shall include tot lots, play areas, volleyball courts, etc. B. All areas shall be maintained weed and spider web free on a daily basis (rainy days included) C. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. D. All sand areas shall be raked level and free of any foreign debris on a daily basis (rainy days included). Sidewalks adjacent to tot lots shall be swept daily, as required. E. If at any time, due to inclement weather or other causes, the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately (rainy days included). Engineered Wood Fiber/ Playground Chips A. Level under play equipment daily and rototill by the 10th of every month or when directed by the Maintenance Services Supervisor. B. All areas should be kept weed free on a daily basis. C. All areas should be kept trash and debris free on a daily basis. D. If at any time, due to inclement weather or other causes, the Engineered Wood fiber areas become flooded and there is standing water, it will be the contractor's responsibility to remove water immediately (rainy days included). E. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing. Rubberized Surface Areas A. All areas shall be maintained weed free on a daily basis (rainy days included) B. All areas shall be kept trash and debris free on a daily basis (rainy days included) I PRAFIIV Works C. All areas shall be cleaned daily (rainy days included). Method of cleaning to be determined by the Maintenance Services Supervisor IE: water, broom, gas blower, pressure washer etc. Any damage to rubber playground surfaces must be reported to the Maintenance Services Supervisor immediately. Hard Surface Areas A. These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, A.C. walkways, etc. B. All areas shall be swept weekly to remove all deposits of silt and/or sand. Hazardous materials and substances will be removed immediately. C. All areas shall be inspected daily (rainy days included) and maintained in a neat, clean, and safe condition at all times. D. Cracks and crevices shall be kept free of weeds at all times. Expansion joint compound sealer shall be used to fill any gaps found. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange or white paint immediately when discovered. E. Once a week all areas shall be thoroughly cleaned by sweeping, blowing or pressure washing as needed. F. Special emphasis shall be placed on chemical edging along these asphalt trails to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense. General Facility Operations A. All drinking fountains shall be kept clean and operational at all times. B. Minor repairs, including but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services. C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed. D. Every instance of damage shall be reported to the Maintenance Services Supervisor in writing. E. Should damage be repetitive, the Maintenance Services Supervisor will evaluate replacement with a more damage resistant model through extra work or separate action. F. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. G. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily. H. All security and sports area lighting shall be inspected weekly, and damaged or malfunctioning equipment shall be reported to the Maintenance Services Supervisor. I at� f zoz ev';� P�lin Works I. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). 40 at� f zoe evsc� P�lin Works EXHIBIT B CITY LANDSCAPE AREA MAP 41 ti V U N co ca CUa� o (,'3r U(A CU O LU O •� co L U ^^ /^� LL LL 0 0 0 0 at� f zoe evsc� P�lin Works EXHIBIT C SAMPLE CONTRACT 42 PROFESSIONAL MAINTENANCE AGREEMENT for City -Wide Landscape Maintenance Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 91 <Contractor Name> <Address> <City, State, Zip Code> <Phone Number> This Professional Maintenance Agreement ("the Agreement") is made as of <INSERT DATE> (the "Effective Date"), by and between <INSERT CONTRACTOR NAME> ("Contractor"), <INSERT TYPE OF LEGAL ENTITY (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task utility maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors <insert license number and DIR> 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 LX 1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those utility maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call emergency or unexpected task nature of this Contract, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the 2of15 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of <SPECIFY NUMBER OF YEARS>> ("Original Term") and shall expire at midnight on <INSERT DATE>, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to <two (2)> <MODIFY AS APPROPRIATE> additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from <date> through and including <date>, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from <date> through and including <date>, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $ ( dollars) <INSERT CONTRACT AMOUNT> for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $ ( dollars) <INSERT DOLLAR AMOUNT PAYABLE FOR EACH EXTENDED TERM> for each extension. 3of15 3.3. Contractor will not be compensated for any work performed not authorized by City and 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 B. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. <SPECIFY NAME> is the Contractor's primary representative for purposes of this Agreement. <SPECIFY NAME> shall be responsible during the 4of15 term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: <Contractor> <Address> City, State, Zip Code> Attn: <Contractor Representative> 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor'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. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as 5of15 an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of15 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. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, 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, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Contractor 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. 7of15 13.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 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 to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 8of15 damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) 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. I 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor'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 Contractor'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 Contractor, 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 Contractor or for which the Contractor is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 9of15 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that 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) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The 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. The Contractor shall 10 of 15 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor 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 Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for 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. 16.3. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor 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, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance 11 of 15 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 Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 12 of 15 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. 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. 25.3. 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 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that 13 of 15 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 14 of 15 :-A IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Attest: In CONTRACTOR: <Contractor>, a <INSERT TYPE OF ENTITY (e.g., a California corporation> Jill R. Ingram, City Manager By: Name: Its: Gloria D. Harper, City Clerk Approved as to Form: By: Craig A. Steele, City Attorney By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 15 of 15 EXHIBIT A Request for Proposal EXHIBIT B Contractor's Proposal EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. at� f zoe evsc� P�lin Works EXHIBIT D PRICE PROPOSAL 43 Item No. 1 at� f z& ev,;� P�lin Works Prevailing wages are required on this contract. City of Seal Beach BID FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES BASE MAINTENANCE BID SCHEDULE Almond Park - 4600 Almond Avenue 1.8 Acres Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Arbor Park - 4665 Lampson Avenue 11 Acres Item No. Quantitv Unit 2 Description Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 44 Subtotal: Aster Park - Corner of Aster Street & Candleberry Avenue 0.8 Acre Item No. Quantity 3 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Bluebell Park - Corner of Bluebell Street & Almond Avenue 1.3 Acres Item No. Quantity 4 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Corsair Park - Corsair Way 0.3 Acre Item No. Quantity 5 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 45 Edison Park - 99 College Park Drive 17.2 Acres Item DAILY No. Quantity 6 52 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Eisenhower Park - @ Ocean Avenue & Main Street 1.5 Acres Item No. Quantity 7 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr. 8.4 Acres Item No. Quantity 8 Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 46 Greenbelt Pocket Park - 15th & 16th St. 4.8 Acres Item No. Quantity 9 Unit Descrintion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance Quantity 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Heather Park - Corner of Heather Street & Lampson Avenue 1.6 Acres Item No. Quantity 10 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance Quantity 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Heron Pointe Easement — Gum Grove Park — Seal Beach Blvd. 1.6 Acres Item DAILY No. 11 Quantity Unit Description Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 47 Marina Park - 151 Marina Drive 1.5 Acres Item No. Quantity 12 Unit Description fp", H►SPXs Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance River's End Park 4.8 Acres Item No. Quantity 13 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Schooner Park - Schooner Way 1.5 Acres Item No. Quantity 14 Unit Description Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 48 Windsurf Park - 1st Street @ Ocean Avenue 1.1 Acres Item DAILY No. Quantity 15 52 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Zoeter Green Belt - Corner of 12th Street & Landing Avenue 1.2 Acres Item No. Quantity 16 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Zoeter Field - Corner of 12th Street & Landing Avenue 1.8 Acres Item No. Quantity 17 Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 49 at� f z& ev';� P�lin Works PLANTED MEDIANS First Street - between Marina Drive & Pacific Coast Hwy. 1,650 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 18 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Fourth Street - 4th Street & Central Avenue (Traffic Circle Planter) 900 square feet Item No. Quantity Unit Description Unit Price Annual Price 19 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Lampson Avenue - Basswood Avenue, East to City Limits 5,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 20 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 50 Item No. 21 Marina Drive - @ First Street, West to Bridge 300 lineal feet Quantitv Unit Descriotion at� f z& ev';� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Pacific Coast Hwy. - From West City Limits, East to Seal Beach Blvd. 3,184 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 22 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. - South of North Gate Rd. / 405 Fwy. to Westminster Ave. 4,325 lineal feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 23 24 BIWEEKLY Landscape Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 51 at� f z& ev,;� P�lin Works Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Drive 2,300 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 24 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: Seal Beach Blvd. - South of Adolfo Lopez Drive to Bolsa Ave. 2,121 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 25 Item No. 26 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet Quantitv Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 Landscape Maintenance WEBI- 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 52 Subtotal: Item No. 27 Item No. 28 Seal Beach Blvd. - South of Pacific Coast Hwy. 220 lineal feet Quantity Unit Description (0 at� fp? Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Westminster Avenue - West of Kitts Hwy. to East City Limits - Long Beach Border 1,400 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 53 Subtotal: at� f z& ev';� P�lin Works PLANTED PARKWAYS Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 29 Item No. 30 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Balboa Avenue - East Side, Between Pacific Coast Hwy. & Bolsa Ave. 600 lineal feet Quantitv Unit Descriation Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Bolsa Avenue - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 31 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 52 WEEK Hardscape Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 54 (0 at� fp? Catalina Ave. Cul -De -Sac, East of Crestview Ave. 736 square feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 32 24 BIWEEKLY Landscape Maintenance Item No. 33 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance First Street - East Side, Marina Drive to Pacific Coast Hwy. 700 lineal feet Quantitv Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Lampson Ave. - North & South Sides, Basswood Ave. to East City Limits - Garden Grove Border 7,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 34 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 55 (0 at� fp? Main Street - Planters, Between Pacific Coast Hwy. & Ocean Ave. 3,028 square feet Item No. Quantity Unit Description Unit Price Annual Price 35 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 36 Item No. 37 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet Quantitv Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 56 Subtotal: (0 at� fp? Ocean Avenue - Bulb Outs, North & South Side of Ocean Ave. - Between 1st. St. & Electric Ave. 3,290 square feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 38 24 BIWEEKLY Landscape Maintenance 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. Subtotal: Pacific Coast Hwy. - North Side, from Seal Beach Blvd., West to Balboa Dr. 1,530 lineal feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 39 24 BIWEEKLY Landscape Maintenance Item No. 40 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet Quantitv Unit Descrintion Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 57 Subtotal: at� f z& ev';� P�lin Works Seal Beach Blvd. - East Side, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet Item No. Quantitv Unit 41 Descriotion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 52 WEEK Hardscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. - East Side, from North Gate Road/405 Fwy. - South to Westminster Ave. 4,000 lineal feet Item No. Quantity Unit 42 Descriation Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance WE Subtotal: at� f z& ev';� P�lin Works SPECIAL LANDSCAPE DISTRICTS Seal Beach Blvd. Median - from Old Ranch Pkwy. North to Plymouth Dr. 4,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 43 Item No. 44 Item No. 45 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet Quantitv Unit Descriation Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 59 Subtotal: Item No. 46 Item No. 47 at� f z& ev';� P�lin Works Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance .8 Subtotal: PRAGO Works TRACT ENTRIES Bridgeport Tract Entry - 5th. Street @ Electric Avenue 1000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 48 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Candleberry Avenue 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 49 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 50 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 61 (0 at� fp? College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 51 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 52 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border 2,176 square feet Item No. Quantity Unit Description Unit Price Annual Price 53 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 62 at� f z& ev,;� P�lin Works Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 54 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: College Park West Entry - College Park Drive @ Loyola Plaza 4,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 55 Item No. 56 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance College Park Drive Median - College Park Drive @ Loyola Plaza 180 lineal feet Quantitv Unit Description Subtotal: Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 63 Subtotal: Item No. 57 2nd. Street Entry Sign - 2nd. Street @ Central Avenue 5,500 square feet Quantity Unit Description at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance 64 Subtotal: BUILDINGS, FACILITIES & GROUNDS 8th Street Parking Lot - Corner of 8th. Street & Ocean Avenue 19,200 square feet Item No. 58 at� f z& ev,;� P�lin Works Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control Subtotal: Beach Facility Restroom Planters - At the Pier 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 59 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area Item No. Quantity Unit Description Unit Price Annual Price 60 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: 65 at� f z& ev,;� P�lin Works Fire Station # 48 - 3131 North Gate Road 53,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 61 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 52 EACH WEEK Fertilization Irrigation System Maintenance Subtotal: Lampson Well Site - 4307 Lampson Avenue 820 lineal feet - outside area 1,360 square feet - inside area Item No. Quantity Unit Description Unit Price Annual Price 62 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: City Hall Building - 211 8th. Street 7,400 square feet Item No. Quantity Unit Description Unit Price Annual Price 63 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: at� f z& ev,;� P�lin Works Mary Wilson Library - 700 Electric Avenue 20,700 square feet Item No. Quantity Unit Description Unit Price Annual Price 64 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Fire Station # 44 - 100 8th. Street 8,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 65 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Heritage Square Parking Lots - East & West Sides of Main Street - at Electric Avenue 33,000 square feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 66 52 WEEK Turf Grass Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal Subtotal: 67 (0 at� fp? Main Street Parking Lot - 100 Block of Main Street, East Side 16,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 67 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Marina Community Center - 151 Marina Drive 20,000 square feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 68 52 WEEK Turf Grass Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Police Department Building - 911 Seal Beach Blvd. 33,500 square feet Item No. Quantity Unit Description Unit Price Annual Price 69 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: .: at� f z& ev,;� P�lin Works Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Avenue 4,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 70 365 DAILY General /Daily Maintenance Item 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Seal Beach Tennis Center - 3900 Lampson Avenue 254,000 square feet General /Daily Maintenance Item No. Quantity Unit Description Unit Price Annual Price 71 52 WEEK Turf Grass Maintenance 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet Item No. Quantity Unit Description Unit Price Annual Price 72 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: .• Item No. 73 Item No. 74 Item No. 75 (0 at� fp? HARDSCAPE MAINTENANCE AREAS Road Shoulder, Sidewalk, Tree & Shrub Watering North Gate Road - North & South Sides from Reservoir to - North Leisure World Gate 3,600 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: North Gate Road Bike Trail - End of North Gate Road to - San Gabriel River Bike Trail 2,500 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: Lampson Ave. - North & South Sides from Basswood St., East to City Limits 10,400 lineal feet Quantity Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control / Tree Well Maint 52 WEEK Hardscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. Subtotal: at� f z& ev,;� P�lin Works First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 76 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Turf Grass Maintenance 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 52 WEEK Irrigation System Maintenance Subtotal: Main Street - East & West Sides from Ocean Ave. to Pacific Coast Hwy. 3,168 square feet 3,600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 77 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance 52 WEEK Clean Gutters / Planter Areas 24 BIWEEKLY Landscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. 52 WEEK Irrigation System Maintenance Subtotal: Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th. Street 2,456 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 78 365 DAILY General /Daily Maintenance 52 WEEK Weed Control / Tree Well Maint 26 WEEK Hand Watering - May thru Oct. 2 EACH Fertilization Subtotal: 71 (0 at� fp? Pacific Coast Hwy. - North Side from 8th. Street, West to City Limits 1,450 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 79 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance Subtotal: Seal Beach Blvd. - West Side, from Bolsa Ave., North to - Gum Grove Park Expansion 1,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 80 365 DAILY General /Daily Maintenance 52 WEEK Weed Control 52 WEEK Hardscape Maintenance 2 EACH Fertilization 26 WEEK Hand Watering - May thru Oct. Subtotal: Westminster Ave. - North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Road 10,500 lineal feet Item No. 81 Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control Subtotal: Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet Item No. 82 Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance 52 WEEK Weed Control 72 Subtotal: Item No. 83 Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet Quantity Unit Description at� f zoz ev';� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $ $ 52 WEEK Weed Control $ $ 52 WEEK Hardscape Maintenance $ $ Subtotal: SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES) EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes. Irrigation Heads and Associated Repair Parts Item Estimated No. Description Quantity Unit Price Total # 1 Hunter 1-40 Pop Up (Stainless Steel) 20 $ $ # 2 Hunter 1-25 Pop Up (Stainless Steel) 100 $ $ # 3 Hunter 1-20 Pop Up (Stainless Steel) 250 $ $ # 4 Hunter PGP ADJ Pop Up 50 $ $ # 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 100 $ $ # 6 Hunter Ultra 4" ADJ SS CK VLV 50 $ $ # 7 Hunter 4" ADJ Rotor Pop Up 50 $ $ # 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $ $ # 9 Hunter 12" Spray Pop Up Body Only 50 $ $ #10 Hunter 1" Plas RCV w/ Flow Cntrl (Inline) 50 $ $ # 11 Rain Bird 2" RCV Brs 50 $ $ # 12 Rain Bird 1-1/2 " RCV Brs 50 $ $ # 13 Rain Bird 1" RCV Brs 50 $ $ # 14 Rain Bird 2" RCV Brs 50 $ $ # 15 Rain Bird 1-1/2 " RCV Plas 50 $ $ # 16 Rain Bird 1" RCV Plas 50 $ $ # 17 Rain Bird Diaphragm Assembly - 200G/EFA 50 $ $ # 18 Rain Bird Diaphragm Assembly - 150G/EFA 50 $ $ # 19 Rain Bird Diaphragm Assembly - 75/100 EFA/EFB 50 $ $ # 20 Rain Bird Diaphragm Assembly 150/200 PEB 50 $ $ 73 at� f z'& tz� P�lIR works # 21 Rain Bird Diaphragm Assembly 100PE 50 $ $ # 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50 $ $ # 23 Rain Bird Dial Pressure Regulator 50 $ $ # 24 Rain Bird 12" Pop Up Body Only SAM PRS 50 $ $ # 25 Rain Bird 6" Pop Up SAM PRS 50 $ $ # 26 Rain Bird 1804 SAM PRS W/Van Nozzle 75 $ $ # 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $ $ # 28 Rain Bird 1812 SAM PRS W/Van Nozzle 75 $ $ #29 Rain Bird 1" RCV GB -Series 10 $ $ # 30 Rain Bird 1-1/2" RCV GB -Series 10 $ $ # 31 Rain Bird 2" RCV GB -Series 10 $ $ # 32 Superior 3" Non Pressure Regulating Brass Valve 2 $ $ # 33 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $ $ # 34 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $ $ #35 Plastic / Rectangular RCV Box W/ Lid 50 $ $ # 36 Plastic / Round QCV Box W/ Lid 25 $ $ # 37 Rain Bird 1" Valve Replacement Diaphragm (Brass) 25 $ $ # 38 Rain Bird 1-1/2" Valve Replacement Diaphragm (Brass) 10 $ $ # 39 Rain Bird RCV Replacement Solenoid 20 $ $ Subtotal: $ PLANT MATERIAL (INSTALLED) Item Estimated No. Description Quantity Unit Price Total # 40 1 Annual Color 85 Flats $ Flat $ # 41 Ground Cover 100 Flats $ Flat $ # 42 One (1) Gallon Shrub 1000 EA $ EA $ #43 Five (5) Gallon Shrub 1000 EA $ EA $ # 44 Fifteen 15 Gallon Shrub 100 EA $ EA $ Subtotal: $ TREES (INSTALLED) Item Estimated No. Description Quantity Unit Price Total Subtotal: $ Twenty Four (24) Inch Box Tree W/ Stakes, # 45 Ties & 2 each, 3" X 3' Watering Tubes 80 EA $ EA $ Thirty Six (36) Inch Box Tree W/ Stakes, Ties # 46 & 2 each, 3" X 3' Watering Tubes 4 EA $ EA $ # 47 Foliar Insecticide Application 4 Per Tree $ EA $ Subtotal: $ at� f zoz ev';� P�lin Works Item Estimated No. Descrintion Quantitv Unit Price Total # 48 Rototill 5,000 SF $ SF $ Soil Test 20 EA $ EA $ Mechanical Trenching 500 LF $ LF $ Subtotal: $ SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): 0 0 GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Maintenance Labor Rates Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Supervisor $ Irrigator $ Laborer $ Emergency After -Hours Rate E11 Bidders understand twenty-four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. 75 (0 at� fp? New Construction Labor Rates For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code. Description Normal Business Rate Emergency After -Hour Rate Supervisor $ $ Irrigator $ $ Laborer $ $ Prevailing wages are required on this contract. Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, trash, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. 76 EXHIBIT B Contractor's Proposal BrightView Ir Landscape Services City of Seal Beach City -Wide Landscape Maintenance Services BUSINESS PROPOSAL BrightView Landscape Services, Inc. prepared by Kristina Schafer - Market Sales Manager — 1960 S Yale St, Santa Ana, CA 92704 T:(949) 438.8528 E: Kristina.Schafer@brightview.com 11,1 gl htVtew June 5, 2023 Sean Sabo Management Analyst Department of Public Works 211 Eight St. Seal Beach, CA 90704 ssabo@sealbeachca.gov (562) 431- 2327 Ext. 1431 City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page I: We are pleased to submit a proposal for City of Seal Beach, City- Wide Landscape Maintenance Services, due on June 5,2023. Enclosed within this document is our proposed service program of recurring landscape maintenance work to be performed according to the City of Seal Beach's specifications for various public facilities. With over 70 years of experience and industry knowledge, BrightView is the largest full-service landscape company in the United States. In our Landscape Maintenance division, we employ over 20,000+ employees and have 121 branches in 32 states and Puerto Rico. Currently our Orange County Maintenance Division's workload is $60 Million; over 40% is a result of Public Works contracts and 60% is private, commercial and HOA contracts respectively. We lead with local solutions that make sense, while our national reach offers experience in all kinds of markets so you can get the most competitive, cost-effective landscape without cutting corners. Brightview will provide sufficient labor to meet the City's landscape maintenance standards, to include a full-time supervisor, who will be present and available during work operations. In addition, our expert irrigation technicians will be available to ensure all irrigation system maintenance requirements outlined in the Scope of Work are maintained and in operable condition. Our licensed chemical advisor and spray technician will be available to provide proper application of all pesticides and make certain that the City's IPM policy is followed. In case of an emergency, the City Manager will have access to the assigned Project Manager and if additional assistance is needed, the Branch Manager. As the current landscape provider for many local municipalities, our proven experience managing these sites make BrightView uniquely qualified to be selected as your landscape maintenance firm. We understand that BrightView is responsible for delivering a comprehensive landscape management program to provide the City of Seal Beach with the highest quality commercially accepted methods, procedures, and scientific controls for landscape maintenance. Our landscape program encompasses a planned approach that focuses on safety, job quality and pro -active communication. EYiglwle,A{ City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 12 Our management teams are the best in the industry and go through extensive training to ensure all contract guidelines are met for each customer, always delivering on our commitments. BrightView offers a full range of services from general maintenance, design, installation, irrigation, tree services, and horticulture consulting. Minimize your risk and get one team that responds and can deliver landscape solutions across the lifecycle of your community. Legal Name of Contractor; BrightView Landscape Services, Inc. Corporate office location: 980 Jolly Road, Suite 300 Blue Bell, PA 19422 Services will be performed out of the following branch location: 1420 S. Allec St, Anaheim, CA 92805 We are committed to transforming and maintaining the City's landscaped areas. Our goals are to save you time and money through our tried-and-true horticulture expertise, to maintain for sustainability health and appearance, to stay within your budget and create a completely satisfied partnership We look forward for the opportunity to work with City of Seal Beach on this project. Sincerely, Kristina Schafer Market Sales Manager I,rig? wle City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 13 TABLE OF CONTENTS Cover Letter 1-2 Table of Contaents 3 Company Qualifications 4-6 Local Staffing List 7-10 Certifications 11-15 Understanding/ Approach 16-31 References Fee & Cost Proposal Exceptions Business Entity Contract Signatories 32-36 37-69 (44-76 Seal Beach Paper) 70 71-72 73-81 arightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 14 BRIGHTVIEW Taking Care of each other, clients and communities and Taking Pride in trusted relationships and solutions that matter. By striving to deliver excellence in everything we OURMISSION do, we will realize our vision of leading the landscape At BrightView, the promise of our brand is a commitment to deliver Confidence from Excellence. EXCELLENCE in providing a safe and EXCELLENCE in delivering superior business performance engaging work environment where the best that creates the freedom to continue to invest in our people want to work. people, our clients, and our communities. EXCELLENCE in delivering consistent EXCELLENCE in leading our industry and taking pride in solutions to our clients; every day, beautiful landscapes that make people smile - work that everywhere and by everyone. impacts the lives of millions of people every day. PHILOSOPHY AND QUALIFICATIONS: Our goal is to consistently offer the best value in the marketplace by providing unmatched service, a customized approach focused on your specific priorities and a well-maintained landscape you and the community are proud of. Doing this requires operational excellence. Our ability to systematically deliver high quality landscaping services is the foundation of our value proposition to our customers. We leverage our local branch structure, with national support, at over 200 branches and the significant breadth of our offerings allows us to service all our customers' landscaping needs. We believe our long tenured and experienced employee base has resulted in the development of significant institutional horticultural and technical expertise that we systematically deliver to our customers. In addition, we have dedicated resources to enhance employee training, safety, and compliance and through investments in our business systems, we are able to deliver a seamless, professionally managed service experience. Finally, our branch -led business model, supported by a process -driven management approach, supports our focus on quality of service and repeatable execution. We conduct branch -by -branch reviews and track key operating statistics at a local level to ensure consistency of customer service and operational performance. Our account managers are critical, providing a primary point of contact to the broader BrightView platform and are responsible for the day- to -day support, attention and customized service delivered to customers. The operational practices that allow us to consistently meet our customers' expectations include: BrightVtew City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 15 OPERATIONAL PRACTICES THAT ALLOW US TO CONSISTENTLY MEET OUR CUSTOMERS' EXPECTATIONS: • Internal Training Program - o Daily stretch and flex activity that allows our teams to communicate goals for the day, speak to potential obstacles and bounce ideas off one another with regards to safety and productivity. o Quarterly rodeos, where a range of topics are addressed and experienced team members lead demonstrations that cover such topics as Irrigation controller programming to safe operating procedures for different types of power equipment. o This commitment to training has resulted in the creation of our BrightView Quality Standards manual which is used consistently through all of our locations. • The industry's top talent — o We match the specific landscape needs with our most appropriately experienced talent. At BrightView, we have a deep pool of talent. o We recruit from the top horticultural and landscape schools in the country and have an all-encompassing training program that ensures our crews perform at their peak year-round. o Market recruiter helps to ensure new team members are blended with established leaders as we add to our portfolio of work. • State -of -the -a AuiNrnenL— o Our crews operate high quality and well-maintained equipment and are trained to use the most effective tool for each task on your property. o This results in a better product achieved with greater efficiency and fewer injuries. • Horticultural 'ipnrF o Plant material looks and performs its best when maintained properly. o Our horticultural experts understand the science of landscape maintenance and will ensure the plant material on your property receives the proper care for each season and as unexpected circumstances arise. • Systematic onerations o We deploy to ensure our crews focus on your priorities and important details are not overlooked. o Our approach is to design the most effective path of motion for the work to be performed, specify the equipment to be used and supply our crew with detailed site plans that show their daily, weekly, and monthly activities. • Continuous improvement o We routinely evaluate for safety, quality, and effectiveness in a persistent effort to be better today than we were yesterday. BrightVtew City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 16 Over the past 65+ years, BrightView Landscape Services has become the most trusted name in our industry. We are relied upon to design, maintain and enhance unique places of lasting beauty across the country and around the world. Our track record has demonstrated our unparalleled knowledge and technical ability, outstanding customer service and retention, relentless execution, and a true understanding of customers' needs. In large part, our ability to offer unmatched quality to our customers has been attributed to the tools and systems we have developed over our 60 -year history. The primary systems that support our quality standards include: COMMUNICATION SYSTEMS QUALITY EVALUATIONS Proactive communication that allows us to be highly responsive to emergencies, special requests and acts of nature TRAINING PROGRAMS Intensive skills, customer relations, and quality training ensure our team can consistently exceed your expectations Management led evaluations that ensure our internal quality standards are met and our employees can achieve continuous improvement SAFETY STANDARDS Training and incentive programs ensure your property remains hazard free and our employees can return home safely. CUSTOMER SATISFACTION Empirically measured customer satisfaction that is taken seriously. Our goal is 100% satisfied customers PROMPT RESPONSE Fast and courteous response time to address any unforeseen issues or work order requests. We judge our success by the complete satisfaction of our customers. Every member of your landscape team will strive to earn your trust and loyalty through a proactive relationship in which we consistently perform work of the highest quality with unmatched responsiveness. To meet this goal, we continually collect feedback through a comprehensive customer satisfaction program. We use the valuable insight gained through our survey program to determine system improvements and guide the content of our employee training program. IlrightVtew Key Personnel City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 17 Joshua Dake, Senior Vice President • Part of the Executive Leadership Team that assist in developing, implementing, and evolving BrightView's industry leading Standard Operation Procedures. • Works Directly with local Orange County teams to assist in leveraging national resources that can be made available to local operations • Served as an Enhancement Manager, Branch manager, VPGM, and currently SVP. • Southwestern California Operations and Development • 13 years with BrightView • Degree in Environmental Science — Virginia Tech *Authorized to negotiate and sign contract Christian Galindo, Vice President and General Manager • Manage the Southern and Central Orange County Branches. Approximately US$ 18 million dollars in revenue, and approximately 200 employees. • Oversee quality of horticultural services, pest and disease management, agronomic programs, customer satisfaction, safety programs, fleet management, and facilities maintenance. • 15 years with BrightView • Bachelor of Science, Environmental Horticulture and Master of Science, Public Horticulture • Past President of the National Sports Turf Managers Association PROJECTS: Portfolio includes a range of accounts including commercial and industrial properties, small to large retail centers, homeowners' associations, high end resorts, and public parks. Some jobs include OCFA, Boeing, Allergan and SAMLARC. 8rightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 18 Diego Barrera, Associate Branch Manager • Diego has been in the professional industry for over 15 years. He started with us over 8 years ago, previously worked at another landscape firm for seven years. He has been managing accounts and crews within our maintenance division and enhancement division. Diego has excellent leadership and management skills and can start-up, develop and grow branches with his expertise. He is OSHA Certified under Safety and Health category. He is currently the Associate Branch Manager for our Anaheim Branch and his continuous training ensures valuable expertise to our clients and employees. He works in close communication with colleagues to ensure smooth operations. He is heavily committed to produce PROJECTS: City of Lake Forest, City of Anaheim, City of Newport Beach RESPONSIBILITIES: Irrigation System, Sports Turf Management, Renovations, Quality Control, Equipment Management, Branch Management, conducts staff meetings to ensure that goals and objectives are clearly communicated with branch staff. a ri ghtView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 19 James Carr, Manager, Regional Irrigation Specialist • Communicates routinely with Account Manager to discuss daily, weekly, and monthly schedule • Work closely with Irrigation Techs, Spray Tech and Landscape crews according to the scope of work • Develop a solid understanding of the contract to provide the services expected in scope of work • Lead the daily operation process to make sure that Contract Specialist priorities and concerns are addressed • Regularly interact with Contract Specialist, providing prompt communication, actively listening, and looking for ways to improve all aspects of Landscape contract • Responsibility will provide and implement a solid water management plan to utilize water usage and cost as efficiently as possible • 20 years' experience in the landscape industry • 5 years with BrightView Landscape Services Experience and Certifications: • Certified Landscape Irrigation Auditor • Certified Backflow Tester #02302391 (American Backflow Prevention Association) • International Certified Society of Arboriculture (ISA) Certified Arborist • Certified Structural Pest Control Applicator (Right -of -Ways, Turf & Ornamental and Industrial/Institutional Weed Control) • Sustainable Landscape Management Certified Irrigation r � ASSOCIATION +r 11,lgl 1*V{@W City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 110 Organization Chart — Proposed Project Team Members Irrigation Irrigat Tech Assist Primary customer contact Account Manager Accountable for customer satisfaction Ensures compliance tojob specificationsand quality Manages crews and subcontractors Ensure readiness of workers, tools, and materials Production Manager Maintains safe working conditions Trains field personnel Ensures delivery of job spe cifications and quality Ensure s re adine ss of worke rs, tools and m ate rials Crew Leader Trains field personnel Performs and leadsjob specifications on site Bvi 91xMe City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page X11 Other Information —Supporting Documentation Licenses: dC CONTRACTORS STATE LICENSE 80ARD ACTIVE LICENSE —.266211 . - COR P •.•,..,.r BRIGHTVIEW LANDSCAPE SERVICES INC DBA EMERALD LANDSCAPES d....a C27 ........r 03131/2024 www csib ca 90v JprEFF PESTICIDE Mwll .JkrAm LICENSIN=1150t"F ATtON QAL QAJAUFIED APPLICATOR MESE LICENSE #:103696 EXPIRES: i2J3112M ategodes. B Issue: 111=3 X42 BRIOLF- PSL ESCONCHDO. CA M26 11MEM11 m1r*6w a req"AL Other Information —Supporting Documentation Certifications: HY*QPam James Carr rry OROPOINT ACCREDITED CONTRACTOR Certrrled OpoFlow Tralnlnj • UYaI t -Opbrlow trAroduHNUI . VZ MEMO- ' �► _ rIANNiC ' City of Seal Beach City -Wide Landscape Maintenance Services HydroPoint �,�\watr of �ornplf/Z James Carr lr/r.K� CSP. Cenihed WeatWTRAK Howilnk InVAIlatlon Tra Business Proposal Page 112 HydmPerR James Carr r�r�w NYDROPOINI ACCREDITED CONTRACTON CSP CeTNEed Ypa Fw_ i K baw 4er tmull,>tron Trarnrns 11,1gl *View Other Information —Supporting Documentation DIR Registration I 1111122. 8:58 AM Contractor Information Legal Entity }game BRIGHTVIEW LANDSCAPE SERVICES, INC. Legal Entity Type Corporation Status Active Registration Number 1000005364 Registration effective date 711/2022 Registration expiration date 6/30/2023 Mailing Address 27001 Agoura Rd Ste 350 CALA8ASAS 91301 CA United states Df A_ Physical Address 27001 Agoura Rd Ste 350 CALABASAS 91301 CA United States of A... Email Address Trade NarnelDBA License Number(s) CSLB:266211 CS18:266211 AQ1172. 10,18 Ab, Legal Entity Information Corporatfon Number. COS971i A Federal Employment Identification Number; President Name., JE:PF HERO Ll] Via Pre!ident Name., JOSNLIA I]AKE VeasurerflIanw R06ERT TVL.E R Secretaq Na row. J0NA7HAN GDTTSE-GE N CEO NaToe: JEFF HAROLD City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 113 h1tps:dcad1r. secure.force. comlCorn tro dorSearchlPrin t R eg Details Registration History Effective pate Expiration Bate 611712018 6/30/2019 GJ14/2017 61.3012018 618/2016 6/3012017 60212015 6130/2016 111312015 61301241.5 71112019 6/3012020 71112020 6130/2021 71112o2l 6/3012022 7/112022 6/3012023 his fk9P <.so0ure krc c�n+Can9rNcicr x�rxh+prirkRo9l]d�k Agrnt vl SerMire Narne; JULIANN E SEELEY Agent of Stryke Mailing Address: 27001 Agourb Rd.. Ste 350 CALABF5W 91301 cA United Stat6s orArmwira LEON October 1, 2022 RE: BrightView Landscapes, LLC To Whom It May Concern: City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 114 BrightView Landscapes, LLC has a self-insured retention (SIR) on the following insurance policy: Professional Liability in the amount of $250,000. The Professional Liability policy, with Allied World Surplus Lines Insurance Company (A.M. Best Rating A), has the following limits of insurance: $10,000,000 Per Claim $10,000,000 Aggregate BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and service provider in the nation with revenues in excess of $2 billion. As a national landscape contractor and service provider, purchasing insurance for its large volume of work, BrightView elects to have large deductibles or self-insured retentions to control premium costs. BrightView and its legacy companies have had large deductibles and/or self-insured retentions for over thirteen years and have always paid all amounts owed. Self-insured costs are projected by an independent actuary, budgeted, and reserved for on the company's balance sheet. The insurance companies insuring BrightView under deductible programs and/or providing coverage excess of the company's self-insured retention are financially sound and responsible for payment of losses within their layer of coverage. Best Regards, r% l Aon Risk Solutions Sean Dent Account Executive Aon I Two Logan Square — 100 North 18th Street I Philadelphia, PA 19103 1215.255.2000 AIS o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/30/2020 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 Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME: (A/CNNo. Ext): (866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 COMMERCIAL GENERAL LIABILITY New York NY 10006 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Endurance American insurance Company 10641 Brightview Landscapes, LLC 980 Jolly Road Suite 300 Blue Bell PA 19422 USA INSURER B: ACE American Insurance Company 22667 INSURER C: American Guarantee & Liability ins Co 26247 INSURER D: INSURER E: & condi INSURER F: COVERAGES CERTIFICATE NUMBER: 570084218989 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY XSLG71080961 10/01ZOZO 10 01 ZOZ1 EACH OCCURRENCE $2,000,000 CLAIMS-MADEX❑ OCCUR SIR applies per policy terns & condi ions DAMAGE TO RENTED $2,000,000 PREMISES Ea occurrence X MED EXP (Any one person) $10,000 Contractual Liability X XCU Hazard PERSONAL & ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICYI X I PRO- LJ ED LOC PRODUCTS - COMP/OPAGG $5,000,000 OTHER: OTHER: B AUTOMOBILE LIABILITY ISA H25260119 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT $5,000,000 Ea accident BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident C X UMBRELLA LIAB X OCCUR AUC508596816 10/01/2020 10/01/2021 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $3,000,000 DED RETENTION B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA WLRC50803867 WC - AOS SCFC50803880 WC - Wi 10/01/2020 10/01/2020 10/01/2021 10/01/2021 X I PER STATUTE I OTH- ER E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE -EA EMPLOYEE $2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 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. BrightviLandscapes, LLC AUTHORIZED REPRESENTATIVE 8yew BuueJollBe11 PAa19422tUSA00 ern �%�v,�C �sts°Traaa c/Ist� Jna ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD arightVieW City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 116 Project Understanding and Work Plan We understand the individual needs for each of the areas under this contract. Based on our prior experience of working with City's throughout CA, our management and crew members have the familiarity, the knowledge, experience, and management skills that set us apart from the rest. We will follow the scope of work and new recommendations by the Contract Manager accordingly for services such as: • General Daily Maintenance Complete Turf Management • Fertilizer Application Tree Cleanup • Irrigation System Maintenance and Water 0 Weed Control Management • Ground Cover/Vine/Shrub/Tree Trimming 0 Pest & Rodent Control • Playground Cleanup Our methodology for keeping up with the maintenance operations will be executed by small groups of skilled crews whose schedules are recommend for approval in the next pages that follow but will remain flexible to adjust as required by the needs and instructions of the City Project Manager. We will no longer need to spend time on initial inspections or discover the specific requirements of the individual sport field; allowing us to move straight into scheduling and commitment to crew size and specialty with the city's team. Together we can create new priorities and assess any urgent goals for city projects. We offer various benefits to our customers such as our quality control program, expertise in water conservation, fully staffed maintenance facility, sustainable landscape practices, and new cutting-edge technologies. QUALITY CONTRO, — At BrightView, we take proactive steps to ensure that the quality of service is being met and exceeds contract requirements. Providing service solutions through a single point of contact can expedite and simplify your onsite landscape maintenance needs. Our ability to mobilize quickly on difficult, large scale projects and consistently complete projects on time and within budget, gives us a unique advantage over our competition. Your Account Manager will be overseeing his crews, along with communicating with the City Poject Managers. The Account Manager will be visiting the job sites frequently to ensure all standards are being met. If needed, they will create punch -lists for the Crew. Bylgh*V{@w f:+ City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 117 Project Understanding and Work Plan These BrightView Managers have decision power over project resources, the ability to make the corrections and report back to both the client and operations department when corrections are complete. We strive to be on the forefront of technology. All BrightView Supervisors and Foremen carry iPhones to take any calls throughout the day. At no point during the working day is communication cut-off between the field and office staff. Using this proactive method of control, gives our maintenance department the ability to handle issues or emergencies and we can keep our projects in pristine condition. WATER CONSERVATION — BrightView will be providing our expert irrigation professionals to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage. Typically for new jobs we implement a water audit to ensure that proper absorption is occurring in the plant, the irrigation system is running properly, weather conditions and water quality is being observed, all while keeping costs down. Brightview will also offer the City of Seal Beach at no additional cost, an irrigation asset tracking program to be able to inventory all irrigation components at each of the sports fields. CTAFFINr BrightView has a fully staffed office Monday thru Friday and 24 on-call emergency service. Our equipment maintenance is performed at our in-house mechanic's shop. Or employees are consistently trained in their individual areas and are fully capable of providing the highest quality of services. We hold a current contractor's C27 license and are certified in pest control, pest control advising, tree trimming, water management, and equipment handling. With minimal corporate over -head, this means more cost savings to our clients and faster reaction to concerns and requests. Our current workload is $25Million in maintenance in Orange County. Over 70% is a result of Public Works contracts and 30% is HOA, private and commercial contracts respectively. We are competitively priced in all market segments and our financial stability can be supported by bank references and letters of good standing. We have a bonding capability of over $500Million dollars, and we will be able to provide the requested insurance requirements. SUSIAINA13LL LANLia%.AF'L F'KACI ICL,_ Among our efforts, our Green Initiatives also include the recycling of all green waste material removed from the site, to minimize the impact on the environment. This branch has implemented this practice by collecting and bringing 99% of the green recyclable -material from current jobs onto the dispatch facility. BylghtVieVwr City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 118 Project Understanding and Work Plan In addition to our web -based work order system we provide to customers, our managers utilize tablets and I -phones to map/track a site's attributes and to track personnel data, payroll, work order assignments and email communications. We believe that this effort will allow us to more efficiently handle the day-to-day efforts of our entire staff, reduce our carbon footprint through less paperwork and provide exceptional level of customer service to our clients. GENERAL LANDSCAPE SERVICE: Litter cleanup, mowing, blowing, trimming, and drain/gutter clearing will be done once a week as per the contract specifications with the best practices and minimum disturbance to neighbors, visitors, and facility staff. Supervisors recognize that this is an important matter and will diligently oblige. We recognize that each facility has specific schedules and requirements and have considered the specialist's new recommendations for all are new schedules. WEED AND PEST CONTROL: To ensure healthy and well -kept plants, BrightView will implement preventative measures, to include active measures to ensure quality by the crew members. Foremen are trained on a regular basis and will notify the Supervisor of any pest or disease that is present. We are always on the lookout for Pests, and seasons will always be a consideration. As plants are more susceptible to damage and disease under stressful conditions, we provide proper pruning techniques, using well maintained and clean equipment at the facility. In addition, we will monitor adequate moisture and a properly kept irrigation system. When action is necessary, qualified personnel will inspect, assess, and select proper chemicals and recommend environmentally sound organic products for this purpose. On approval from the City Contract Manager, our QAL will proceed with proper application. If irrigation is the cause, our workers will report it and make recommendations to repair when necessary. canRTc PiFi nc BrightView especially recognizes that the City's sports fields are a highly valued and trafficked landscape attribute. We have well trained crews that do the work professionally, effectively, and beyond the expectations of those using these areas. With our experience with sports fields, we believe will outperform all tasks set forth in the Scope of Work, providing quality maintenance with a proactive approach and cost efficient manner. BrightView possesses the knowledge, experience and management skills that set us apart from the rest. With our company's qualifications and resources, we feel confident that our abilities will not be surpassed. IRRIGATION SERVICES: We will be providing our expert irrigation technicians to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage. BrightView f:+ City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 119 Project Understanding and Work Plan SHrt i v NKACTICES, Safety is a priority at BrightView. Our workers are very aware of their surroundings and participate in daily tailgate safety meetings prior to their shift. Every employee goes through a safety training program at the beginning of their employment and receives on-going training regarding landscape safety measures. While on-site, our employees will be equipped with gear that will protect them and others from being injured. This includes goggles, gloves, hard toed -shoes, long -sleeves and pants, masks, hard-hats and/or reflective attire/equipment. Our crew members are provided with water, thermos, and shade to protect them from Illness. Crew leaders have been trained about the dangers and how to act if a safety issue presents itself. Regarding equipment handling, BrightView trains its employees to know how to operate and work around equipment used in the landscape industry. When in the surroundings of equipment or traffic, employees learn signaling to a vehicle, while always wearing their safety vest. Public safety is heavily regulated according to all laws and traffic control is done pursuant to the WATCH Handbook Regulations. 70UIPMENT We have a full-service shop at the branch with 2 —full time mechanics that conduct routine maintenance on all trucks and equipment used on our jobs. Our crew will have several stocked Ford F-250 trucks, complete with shovels, brooms, pitch forks, rakes, pruners, wheelbarrow, hoes, chainsaws, leaf blowers, and burlaps to manicure each site thoroughly. Two of the trucks will also be equipped with trailers that will haul all the mowers and specialty sports turf equipment for each of the job sites. Our crews possess the most current and up-to-date tools available, which allows BrightView to service each site as per the City's standards outlined in the Scope pf Work. Our shears, trimmers, mowers, and blades are constantly sharpened for the best cutting edge possible, as to not damage the plant materials. Brightview has larger equipment available in-house, such as boom trucks, tree trimming trucks, bobcats, tractors, dethatchers, and slice aerators if needed for this job. SCHEDULING Weekly schedules will be submitted to the Contract Manager at the specified due date. They will include the maintenance date for each location and time slot. Any changes will be submitted to the Contract Manager five working days prior to the scheduled work. Yearly maintenance schedules are prepared at the onset of the contract per the scope of work therein the RFP and as defined by the City representative for specified tasks. Such tasks as fertilization, dethatch and aeration which have already been determined in the scope of work are added to the contract yearly outline. The Schedule remains flexible to ensure that any other requests by the City can be accomplished. BrightVtew Project Understanding and Work Plan City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 120 I UKF IVIHNAuEMENT. BrightView recognizes that turf is a wonderful part of all our outdoor spaces, but it is also a high maintenance attribute. We train our crew members the importance of water efficiency, weed control and fertilizer requirements. They understand the difference between a quality mowing by maintaining proper height and sharp blades on our mowers. We also distribute quality job aids to our crew members in conjunction with their training, ensuring the highest quality standards. uriglltview Edging Sidewalks Borde.5 de las Areras Creat... Exceleme... + Line ordistinction between t1w grass and sidewalk • I InCil{Ir dlst n}tl{�n eni{� I,1 cc,lx{I } IrIF .ICCR1 ■ C lean appearance ■ AparirnCia liutpia • All dirt and debris have been removed • i Wa is hasuia V' Iterrl f13 %IJO Ie111114'Idas Unacceptable... hioe pluhle... ■ Mediocre... y ■ Good attempt, but not quite Pinishcd 13LJV II Inlciakti, rano 114 ta{Tnll ad V} ■ Missed areas due to Wmtonequipment mor ■ 'lreu �ialtadas pur error dcl clperariu it do la maquiriaria • Some debris were kali on the sidewalk ■ t ,combrus que yucdarun en In,, arenas • Grass is growing onto the sidewalk creating a ' halry` appemrice • LA ei+Nd c*ta t'rticiendu Amba dr la crcando una apo riencia 'pc ludo' • No line oi'distinction between the grass and sidewalk ■ No ha}' ung Iineu do distincion entre N cespcd Y Itis acrrs AN FEi II o APR MAY JUN AA AUG i1vt DC1 PON OEC TURF I4U NUNANa wrqLar Maw M�� Aprg[r MMMIJ (}m Wert anj penk E. kOffil pc�rumFurrlludnoL,.. (ilenwaiWe-a9harr[rol ��-�-�-- -Q-0�-0 rw&tuti9 E+#[ JhFll'� ����� � �� VF5uil :n5p�ieirl � WFS TU fMAINTEMANCE ��QQ L -mm I? 74 7 ta-Lrn:ll+Il S:RpS "(Ar+4'llow M�� =rrigue i Wrir<al NIL AtLlit'MoMNj Dtvrv-04-� kestihte ��-�-�-- -Q-0�-0 trued �r-1 ar`Ur1IC+dr 1,5s Fe"v.•ea ����� � �� C]1Crru_3i1' E*dCOrr[rd_ V�rJ laspeetfurl ��QQ "ual rwpeFrnn 5wecp d,! Iyyrco h .. -irU;hirdr. ,xlrgiAephl}- ]k�`sw+�4�_•,_�vrFu[CrLlU�t"trFr1 - ----- I�LYIiSs! ��-�-�-- -Q-0�-0 HIAYGROUND tAAIN'TEMIViGE V�rJ laspeetfurl ��QQ INWEIS, VPJF5 f, TREES MAINTENANCE flat 0�0���0 1ALrrh __C}remlcall�er,'fCnnrrr+ UFMICALWODC0l4T a k4r:. �QQQ��QQ �4ST1'IEiLIs1€�E las W.; ��Q���QQ IRMGATION MMAGEMI N I 0 0 0 tRAM 4 UTTER Iuo+14I Vmu31 Irkwtrc-Lborl rt*lfl r -F.- vFrem -'T L M Muurnd,..nnn- 11r1ghtVtew Project Understanding and Work Plan QSA -Quality Site Assessment City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 122 The QSA System is BrightView's nationwide program that helps standardize the quality audit process. Implementing the QSA system will allow us to perform Landscape Quality Evaluations with efficiency and integrity while providing our customers and management a tool to monitor our performance. Our diversified training and communication methods allow us to manage client expectations proactively. One of the successful ways BrightView ensures quality performance is by utilizing a structured self-evaluation process. The QE system will set the standards for the Landscaping Industry. Technology allows us to dispatch immediately if there is an issue and provide confirmation of completion through photos and prompt reporting. Photos, Quality Inspection Reports and Quality Site Assessments are also used daily to help identify issues and work order locations, as training tools using before and after shots, and to clarify expectations. This tool provides BrightView: Review of inspections Address outstanding concerns and review accomplishments Develop and collaborate on KPI's Robust financial visibility and strategic guidance Enable benchmarking and leverage best practice The QSA system was created with 5 key elements in mind: To communicate with customers on a regular basis, monthly, bimonthly, quarterly, or yearly, based on customer preferences and the size of the account To provide proactive suggestions for improvement through corrective actions and enhancements proposals To continuously measure the performance of our team on the job site To provide a tool for the Branch Manager to use to assess the status of all maintenance accounts throughout the year To better gauge the probability of retention of business year to year 11,I gl xtV#ew Project Understanding and Work Plan QSA -Quality Site Assessment City of Seal Beach City -Wide Landscape Maintenance Services BrightView f ✓ Quality Site Assessment (GSA) process � ■rr1 w1+�1�M��IM riw rr■ u. r/Ir. ■ +r... � �w ��r, ry rr. �...wslr IL I�Y�■�rwrrrr 14■rw rLr wr�r.� V r rl+ w M l�Irw wraw. F..rwraMwrr �rrrwr.r�.�r.rw ■ r� N Zrw=.L-Mores r■r�rwrw.r•r■r�Lir#r�i� 41r� wry � w w r w w.r I�+t •.w rr • �.�a+.ra.wr li P�rrlF�rr r M rrt�►r.saww ^I Nryr r �lr rrn.■q � FV � / yr ry VI7��1■ ILr71i1■M Y�f M FIr11 YrV K W rr a wrr r1r I.y��� Business Proposal Page 123 arightView Project Understanding and Work Plan Safety City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 124 Provide a safe work environment and safety culture that places the highest level of value on the health and welfare of our employees. Instill a sense of ownership in our employees and to encourage excellence in all aspects of safety. Provide safety and regulatory compliance training that insures our employees have the tools to perform in a safe and productive manner. Promote safety as each employee's responsibility and endorse as a way of life at work and home ir Daily Safety Gare PC�n BirightView ' SUMcI MYr YIiu YIF 'M-6 ,krM Hru rgx xFxnrmnry +F�lhtc+rrdb�- �.k Imo. C+ Pbs + ['k-11 F6[ r+ -To �k w I�QY+L b + b.N rAl4+.+UL]Ilr '�If{F W. dnVf nk* hAi •++ Fp'.RFlLll 'E. L. pU .d+ 'fl nir C-PwmvM, rdN�"nt v. PS.`q 'M'Krl {1dF l". vkll� .rill MW norl 4*M FA KNd31 • Iklb r�+:�.x :wn i11 JCrc LiL]tlk r�m,islr irktip 4-4 Com. Emil l'7L'Ir4d3•drJyYR M rWi w 6k.—N + urdxle4ad[Im a Yrmry WC;M +4s.VFKP -n el ­ J hr 3 crrr r+iuh011 �,M s 48nrrd oq�r*h rrtiTMrpr H,.n• M1.n�wrpas � tenor. rexFyrcm M44 iu...... The safety and well-being of our customers, your property visitors, the public, and our employees is of paramount importance to our operation. Below are measures we employ to maintain a safe working environment on and off your property. RESERVING A SAFE ENVIRONMENT Criminal background checks Initial and random driving record checks Initial and random drug/alcohol screenings Fully uniformed crews with safety vests Brightview logo clearly displayed on vehicles "How's my driving?" stickers on vehicles Required use of cones to demark safety zone CREW SAFETY Extensive driver safety certification program New hire safety orientation Certification required to use all power equipment Reward system for safety compliance Mandatory weekly field crew safety meetings Weekly management safety calls Brigh#Vile Project Understanding and Work Plan Safety City of Seal Beach City -Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l Page 125 In Oxk [ah Meawkal farm ti+ 5aeehol No ami_ sd play Y C1auq&ap QUID11 1f riQrn 1♦ 101 fATlr FInletidhYl 1+ Wirldlhleld idean arW'Ild UVW V 1.Kllndrhlydr4+n11pet; vpprpbgngI 4 Mifflin: Clelm arid vte.&M Lr �i1rY.Iry�hra'ILR N; {heKk Fnilicrle CPuWjrTMen1 & FLvid cil ti+ Engine dll ley %l}Mrekly) Y TFa R6AI15S1415 Mlsd fY�R•kj 1f 3'oolantfllnh-IramrLmel 1♦ �rI14e 14114 1+ %nd4hirld wavl&OWd V Fnane'lWh pre SerYF inr114YIlr4Wd N611u1d tMI the Mroad Lr W-1— is aL-dlfe NEL#!SmitS etv item ti+ Fire exlrhgulsh& Ichurge"ler mounted) yi Fr}t AW IIsi yf ialelp Iril HL 1♦ Cdnesi*5] ti+ Aiwa l DDT pr IntipeL1`s1n p%cker licurrent � orwer�dd,ler,ItladlxLrll,,rnfs�reelrlTt hliYYr>rf drdoWartr IIgnSs 97 cbimk Leis swe of Verde >t IAsIIerT nrei Foritatl. uilus A umr, rL111. 1f Tieaddeplhl+tnp1e5s71s31LV3JKdF+ah yf tq&Mr3 rlrru Farde'locu 1♦ Cwftwolus null are pfewnl V VerIOV4D % 3M pFWl.irp Wtjre, tit Enaorenlaveahlydernsare srxure &SCNKk Rear orVOkle y Win and NAta3 prropprlp ralo, y E'lsuie m ble iwiris#Ks1re yf Inspprl all him for Fhrls, unlim"I Svnlr, ii yf Tald dep[hai no Ilislhdrl Af3Zartll4nCh V InipeR rims Fw deieln d [VrrMrrrr lug rlu[S ilre Raser5[ /� ENGINE GLASS N8 {heck L10% "eadll`IL13 - liY Ind hqh ocil w Tfau1 NWh rpt 2w leg dwF 4112ndwrch yf rlraae Liam FmerryerVw FL5r+lrrr J F3aco-up 4KSalldakYlIII 4 Qvvrair pUi* uNhk hliYYr>rf drdoWartr IIgnSs CAB Ni chi lrR16ht$WeRifYehFcfe InspeC[ 11r14 F& ilAb, uhulua iii &M w Tfau1 NWh rpt 2w leg dwF 4112ndwrch q Inipert tlnlsIdr di led>, GD-ROWILruE U91are lYEWIL Rgo wt i IFV !mou zi%a 11AnrIC W Il %VCUl ir 4 Eniule nrureaLle Iieri14a,e secure 11 COUPLING JOS IMPS" TFOOMY I Ei!d•IIS C{ Lti, l I 0 SIILch, WIXIl•n6devireznd Lof#" pink + WgQk ii1l saplr ilktKh4 La the IrMGE d Ermwmhirkam-awaybNFtvvmwor %mem iri il-"i sandlrraw Tri9lr�uPtre11o151I Cheat #81l sarl•L�s and sYhks f SIFeFIOrrAIIn plarr IllylgIUVieVwr City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 126 Project Organization and Staffing The supervisor to employee ratio is 4:1, 4 Crew Workers for every Foreman. The Foreman is always on site and available to the client to make corrections and guaranty the quality of the work. The area supervision is performed by qualified and trained Supervisors that serve as links between the field personnel and upper management. These Supervisors have decision power over project resources to make any corrections that are necessary and when such corrections are completed, report back to both the client and the operations department. Crew Workers receive on-going training in their individual areas and are fully capable of providing the highest quality of service. Your assigned main operations office is located at 1420 S. Allec St., Anaheim, CA 92805. We have over 100 employees at this location, to include all crew that will be working on the sites for the City of Seal Beach. Laborers are required to always wear BrightView uniforms while on the job site so our clients can feel comfortable and safe. These uniforms are made-up of our company logo colors and consist of a button- down shirt, navy-blue pants, reflective safety vest, hat, and hard -toe work boots. Crew Leaders are identifiable by their blue shirts and Crew Members are identifiable by their green shirts. On the uniforms, they have name and company tags, which are always visible to give City employees access to address any member of our crew. arighMew City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 127 Safely Working Near Traffic Purpose Company employees face a variety of hazards in the field every day and working near traffic is among the most serious risks we have to overcome. The best practices listed below were developed to minimize these risks. Planning One of the most dangerous tasks to perform in a roadway is blowing. Plan activities to minimize roadway clean-up activities. Limit clean-up to only those items in our contractual scope. And assess whether blowing is required — minor amounts of debris may not need to be blown. Roadway Safety Basics • Whenever possible, workers should face traffic. Facing traffic maximizes an employee's ability to see hazards and is critical to maintaining safety. If a worker on a roadway cannot face traffic, a shadow vehicle is strongly recommended. • Attempt to cross at intersections with stop signs or traffic lights. Wait for traffic to stop before entering the roadway. • Minimize time in the road and roadway crossings. Unless unavoidable, roadways should not be used to move people or equipment. When crossing, remember that workers on foot have no right of way outside of crosswalks or at intersecting roads. • High visibility safety vests are required for all workers near traffic. • Wherever possible, signage, cones, flashers, and reflective materials (tape, triangles) should be used to highlight crew activity in or alongside roadways. • Stay focused and aware. Slow down and keep your eyes raised as much as possible — roadway hazards can emerge quickly without warning. • Perform roadway work during daylight hours when feasible; avoid times near sunrise or sunset when the sun may be blinding to drivers. Vehicles The parking of work zone vehicles and equipment in traffic and turn lanes without adequate lane closures is prohibited. Always attempt to park in adjacent parking lots or on smaller residential streets. High Risk Roadway Work • High risk roadways are those where the posted speed limit is 40 MPH or higher or any roadway work performed in darkness. • Crews working these areas must complete additional training. • Completion of this tailgate meeting does not meet the training requirement for high-risk roadway work. Contact your EHS Director for assistance with training. OWER -- AHEAD Ia��;.. Personal awareness and attention to your surroundings are the single greatest defenses to avoiding being struck by a moving vehicle. oirightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 128 Roadway Work Plan Purpose Company employees face a variety of hazards in the field every day while working near traffic. Planning activities to minimize Roadway clean-up activities to ensure team safety while working within five feet of the shoulder, impeding a lane of traffic, or in a parking lot. Planning • One of the most dangerous roadway tasks is blowing. It is loud and can require the operator to be 2-3 feet into the road. • Assess whether blowing is required — minor amounts of debris may not need to be blown. • Take steps to minimize roadway debris. (i.e., Keeping mover chutes closed and not blowing debris into the road) • Where possible, deploy equipment that allows us to blow or vacuum without leaving the curb -line, or mount blowers on appropriately equipped vehicles. • Create Roadway Work Plan when required Roadwork Work Plan: • When working within five feet of the shoulder, in a median, where impeding a lane of traffic, or in a parking lot, a Roadway Plan must be developed for that job. • Roadway Work Plan must identify: o Job Name and Job Location o Trained Roadway Safety Team Member o Number of Team Members on Site o Type of work Planned o Posted Speed Limit o Traffic Conditions o PPE and Vest Needed o Traffic Warning/Control Devices Needed o Drawing of Work Area showing Warning/Control Device Placement arightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 129 Traffic Cone Placement Purpose Team members face a variety of hazards in the field every day while working near traffic. The proper placement and use of traffic cones will help reduce the risk of serious injury or fatality and focus on continued prevention and safe work practices. Planning • All Maintenance Truck and Trailer combos shall be inspected during dispatch/gate checks to ensure five (5) traffic cones are properly loaded and stored on the vehicles. • All Enhancement, Irrigation and Production Manager vehicles require three (3) traffic cones. • Required: 28" minimum height, orange cone with two reflective stripes and black base. Positioning of Cones for Trucks and Towed Units: • Position cones behind the towed unit, angles toward the curb or side of the road (D.O.T or state guidelines may need tobe used) • One cone positioned in front of the vehicle • One cone positioned alongside between truck and towed unit. High visibility safety vests are required for all workers near traffic. 4. Truck Towed Unit 110 Positioning of Cones for Vehicles without Towed Units: • One cone positioned behind the vehicle • One cone positioned in front of the vehicle • One cone positioned alongside the vehicle Truck i *When parked in a legal parking space, place one cone directly behind the vehicle arightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 130 Roadway Signs and Safety Devices Purpose Team members face a variety of hazards in the field every day while working near traffic. Signage and safety devices becomean important tool in providing safe working areas for team members. Planning • Provide necessary work zone safety devices; including compliant signage, reflective tape and triangles, and shadowvehicles when required. • Ensure that vehicles working in areas that expose team members to speed limits greater than 40 MPH are equipped with high intensity warning lights mounted upon vehicles and riding equipment. • Maximize visibility wherever possible with signs, cones, flashers and reflective materials to highlight crew activity in oralongside roadways. Roadway Work Zone Vehicles and Ride -on Equipment • Any vehicle that moves in roadways against traffic or significantly slower than traffic shall be equipped with high intensityrotating, flashing, oscillating, or strobe lights. • Additional reflective tape should be considered on riding equipment. • Vehicles positioned in closed lanes shall have flashers engaged at all times and be appropriately signed and coned perregulation. Signage Requirements: • Work Beyond Shoulder requires "ROAD WORK AHEAD" signs to be spaced apart as indicated in the table, and the number of signs required is dependent on the size of the work zone. • Work on Shoulder/Minor Lane Encroachment requires a "ROAD WORK AHEAD" and "END ROAD WORK" on both sidesof a two-way roadway. Signs to be spaced apart as indicated in table. Cone enforcement is also required. • Work in Median "ROAD WORK AHEAD" signs are required to be placed on the Right and Left side of the roadway on both sides of traffic (four required signs). • Work in a Subdivision requires Advance Warning Signs "ROAD WORK AHEAD" at all entrances and main intersectionsnear the center of subdivision. • Work in a Parking Lot requires "ROAD WORK AHEAD" signs at entrances and on center islands of parking lots Road Type Distance Between Signs Urban < 40 MPH 100 Feet MEN <AHEAD EE Urban > 40 MPH 350 Feet RK MOWERS Rural 500 Feet WORKING AHEAD Freeway 1000 Feet Stay connected with your landscape services — anytime, anywhere. With the new BrightView Connect, managing your landscape services has never been easier. This secure online portal is private to you, with a host of convenient features available on demand. See what BrightView Connect can do for you: View Quality Site Assessments * I* A historical account of our performance on your property VA available for easy reference any time View Your Enhancement o Proposals ■ BrightView Connect keeps the ■ proposals in your account and at your fingertips Go to connect. brightview.com to get started or ask your Account Manager for assistance. Some features may not be available at all properties. Check with your Account Manager for more details. View Your Standard _ Maintenance Schedule Know the dates we plan to Brij be on your property Communication Your Way Voluntary participation means no matter how you choose to connect we'll always be responsive I,rigbwle Related Experience - Reference City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 132 IVEtfO�E fd J �yi Ap�srRR�� ��v � �:`�.wrCgj t�4eAC+s$rax E NE SIiiALL OWS SAN JUAN CAPISTRAN❑ Client: City of San Juan Copistrana BrightView maintains all of the City Parks, Sportsfields, Right -Of - Ways and Public Facilities, including Reata Park, a fully sustainable California Native Park. Contact: Mark Buberl Phone: (949) 443-6323 Email: rnbuberl@sanjuancapistrano-org Date: July/2015 - Present Size: city-wide 14.1 sq Miles z a BrightView v_ LarKlempe sem 11,I gl ttVtew Related Experience - Reference City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 133 REFERENCES City of Cerritos Landscape Maintenance Services for City Parks, Medians and Parkways, Misc. City Buildings Date; 3-2017 to Present Contract Amount; L 17 5,520 Ann wal Prime Cords :t; Jorge M-drl%ui ContaeYs Title; Medlam and ParkwitV Supervisor Address, 15544 Marquardt Ave Cerritos, CA 90703 Email, Jmar#1ne2 cerVItO4.US Pho0q., � 562) 239.0683 Related Experience - Reference City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 134 REFERENCES mmm�� - -dole T -I Contact: April Rau rngavten Contact's Tltle: Maintenance Programs Ana€yst Address: 24264 !:l Taro Road, Laguna Woods, CA 92637 Email: ii4aurngartn@a :jtyoflag4rnawoods,org Phone; 156Zj X39-06$3 City of Laguna Woods Citywide Landscape Services for City HaIJ, l ediwns and Parkways, 3 Main Parks and 1 Dag Park Date: 12-2018 to Present Contract Amount: 169,380 Annual Prime 11,1 gl htVtew Related Experience - Reference REFERENCES Contact; HogoAndreani Landscape inspectar/Publik Address: 100 Civic Center Drive, Lake Forest, CA 92620 Email: nand ream V a kefor este a .g ov Phone; (9491 616-5557 City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 135 Lake Forrest Sports Park City of Lake Forest 86 Acres Inclusive of 5 Baseball Fleids, 4 Soccer Fields, 2 Artificial Soccer Fields and Common Areas Date; 7-2019 to Present Contract Amount: S IM Annual Prime Related Experience - Reference REFERENCES Contart: George Cortet Contact's Titin: Maintenance Supervisor Address: 77 Fair drive Costa Mesa, CA 92626 Email, george.cartez o rosta rrresaca.gov Phone: {714}327.7494 City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 136 C## of Caster Mesa City -Wide Complete landscape Services for Parks. Medlans and Parkways. City Buildings J34 Parks. 5 Sport CpmpleXr Streets, Public Buildings, 5 Fire 5tabom and 05c. Facilities) Date. 7-2017 to Present Contract Amount: 2.7 MI Annual Prime Item No. 1 Item No. 2 at� f z& ev,;� P�lin Works Prevailing wages are required on this contract. City of Seal Beach BID FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES BASE MAINTENANCE BID SCHEDULE Almond Park - 4600 Almond Avenue 1.8 Acres Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.87 $1,047.55 52 WEEK Weed Control $16.83 $875.16 52 WEEK Turf Grass Maintenance $67.34 $3,501.68 24 BIWEEKLY Landscape Maintenance $222.92 $5,350.08 2 EACH Fertilization $4,012.55 $8,025.10 52 WEEK Irrigation System Maintenance $21.88 $1,137.76 Arbor Park - 4665 Lampson Avenue 11 Acres Quantitv Unit Description Subtotal: Unit Price $8,750.63 Annual Price 365 DAILY General / Daily Maintenance $17.58 $6,416.70 52 WEEK Weed Control $102.88 $5,349.76 52 WEEK Turf Grass Maintenance $311.54 $16,200.08 24 BIWEEKLY Landscape Maintenance $222.92 $5,350.08 2 EACH Fertilization $4,012.55 $8,025.10 52 WEEK Irrigation System Maintenance $133.75 $6,955.00 44 Subtotal: $48,296.72 Aster Park - Corner of Aster Street & Candleberry Avenue 0.8 Acre Item No. Quantity 3 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.27 $463.55 52 WEEK Weed Control $7.48 $388.96 52 WEEK Turf Grass Maintenance $29.93 $1,556.36 24 BIWEEKLY Landscape Maintenance $16.21 $389.04 2 EACH Fertilization $291.82 $583.64 52 WEEK Irrigation System Maintenance $9.72 $505.44 Bluebell Park - Corner of Bluebell Street & Almond Avenue 1.3 Acres Item No. Quantity 4 Unit Descrintion Subtotal: $3,886.99 Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.07 $755.55 52 WEEK Weed Control $12.15 $631.80 52 WEEK Turf Grass Maintenance $48.63 $2,528.76 24 BIWEEKLY Landscape Maintenance $26.34 $632.16 2 EACH Fertilization $474.21 $948.42 52 WEEK Irrigation System Maintenance $15.80 $821.60 Corsair Park - Corsair Way 0.3 Acre Item No. Quantity 5 Unit Descrintion Subtotal: $6,318.29 Unit Price Annual Price 365 DAILY General / Daily Maintenance $171.55 52 WEEK Weed Control $2.80 $145.60 52 WEEK Turf Grass Maintenance $11.22 $583.44 24 BIWEEKLY Landscape Maintenance 6 07 $145.68 2 EACH Fertilization $109.43 $218.86 52 WEEK Irrigation System Maintenance $3.64 $189.28 Subtotal: $1,454.41 45 Edison Park - 99 College Park Drive 17.2 Acres Item DAILY No. Quantity 6 52 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $27.50 $10,037.50 52 WEEK Weed Control $160.87 $8,365.24 52 WEEK Turf Grass Maintenance $643.50 $33,462.00 24 BIWEEKLY Landscape Maintenance $348.56 $8,365.44 2 EACH Fertilization $5,874.18 $11,748.36 52 WEEK Irrigation System Maintenance $209.13 $10,874.76 Eisenhower Park - @ Ocean Avenue & Main Street 1.5 Acres Item No. Quantity 7 Unit Descrintion Subtotal: $82,853.30 Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.39 $872.35 52 WEEK Weed Control $14.03 $729.56 52 WEEK Turf Grass Maintenance $56.11 $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 EACH Fertilization $547.16 $1,094.32 52 WEEK Irrigation System Maintenance $18.23 $947.96 Subtotal: $7,291.27 Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr. 8.4 Acres Item No. Quantity 8 Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $13.43 $4,901.95 52 WEEK Weed Control $78.56 $4,085.12 52 WEEK Turf Grass Maintenance $314.27 $16,342.04 24 BIWEEKLY Landscape Maintenance $170.22 $4,085.28 2 EACH Fertilization $2,964.13 $5,928.26 52 WEEK Irrigation System Maintenance $102.13 $5,310.76 Subtotal: $40,653.41 46 Greenbelt Pocket Park - 15th & 16th St. 4.8 Acres Item No. Quantity 9 Unit Descrintion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.55 $2,799.55 52 WEEK Weed Control 44.89 $2,334.28 52 WEEK Turf Grass Maintenance $179.58 $9,338.16 24 BIWEEKLY Landscape Maintenance $97.27 $2,334.48 2 EACH Fertilization $1550.93 $3,101.86 52 WEEK Irrigation System Maintenance $58.36 $3,034.72 Heather Park - Corner of Heather Street & Lampson Avenue 1.6 Acres Item No. Quantity 10 Unit Descrintion Subtotal: $22,943.05 Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.55 S930.75 52 WEEK Weed Control $14.96 $777.92 52 WEEK Turf Grass Maintenance $59.86 $3,112.72 24 BIWEEKLY Landscape Maintenance $32.42 $778.08 2 EACH Fertilization $583.64 $1167.28 52 WEEK Irrigation System Maintenance $19.45 $1,011.40 Heron Pointe Easement — Gum Grove Park — Seal Beach Blvd. 1.6 Acres Item DAILY No. 11 Quantity Unit Description Subtotal: $7,778.15 Unit Price Annual Price 365 DAILY General / Daily Maintenance 2.55 $930.75 52 WEEK Weed Control $14.96 $777.92 52 WEEK Turf Grass Maintenance $59.86 $3,112.72 24 BIWEEKLY Landscape Maintenance $32.42 $778.08 2 EACH Fertilization $583.64 $1,167.28 52 WEEK Irrigation System Maintenance $19.45 $1,011.40 Subtotal: $7,778.15 47 Marina Park - 151 Marina Drive 1.5 Acres Item No. Quantity 12 Unit Description PRAGO Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.39 $872.35 52 WEEK Weed Control $14.03 $729.56 52 WEEK Turf Grass Maintenance $56.11 $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 52 EACH WEEK Fertilization Irrigation System Maintenance $547.16 $18.23 $1,094.32 $947.96 River's End Park 4.8 Acres Item No. Quantity 13 Unit Descrintion Subtotal: $7,291.27 Unit Price Annual Price 365 DAILY General / Daily Maintenance $7.67 $2,799.55 52 WEEK Weed Control $44.89 $2,334.28 52 WEEK Turf Grass Maintenance $179.58 $9,338.16 24 BIWEEKLY Landscape Maintenance $97.27 $2,334.48 2 EACH Fertilization $1,550.93 $3,101.86 52 WEEK Irrigation System Maintenance $58.36 $3,034.72 Schooner Park - Schooner Way 1.5 Acres Item No. Quantity 14 Unit Description Subtotal: $22,943.05 Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.39 $872.35 52 WEEK Weed Control $14.03 $729.56 52 WEEK Turf Grass Maintenance $56.11 $2,917.72 24 BIWEEKLY Landscape Maintenance $30.39 $729.36 2 EACH Fertilization $547.16 $1,094.32 52 WEEK Irrigation System Maintenance $18.23 $947.96 Subtotal: $7,291.27 0-1 Windsurf Park - 1st Street @ Ocean Avenue 1.1 Acres Item DAILY No. Quantity 15 52 Unit Descriotion at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.75 $638.75 52 WEEK Weed Control 10.28 $534.56 52 WEEK Turf Grass Maintenance $41.15 $2,139.80 24 BIWEEKLY Landscape Maintenance $22.29 $534.96 2 EACH Fertilization $401.25 $802.50 52 WEEK Irrigation System Maintenance $13.37 $695.24 Zoeter Green Belt - Corner of 12th Street & Landing Avenue 1.2 Acres Item No. Quantity 16 Unit Descrintion Subtotal: $5,345.81 Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.91 $697.15 52 WEEK Weed Control $11.22 $583.44 52 WEEK Turf Grass Maintenance $44.89 $2,334.28 24 BIWEEKLY Landscape Maintenance $24.31 $583.44 2 EACH Fertilization $437.73 $875.46 52 WEEK Irrigation System Maintenance $14.59 $758.68 Zoeter Field - Corner of 12th Street & Landing Avenue 1.8 Acres Item No. Quantity 17 Unit Descrintion Subtotal: $5,832.45 Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.87 $1,047.55 52 WEEK Weed Control $16.83 $875.16 52 WEEK Turf Grass Maintenance $67.34 $3,501.68 24 BIWEEKLY Landscape Maintenance $36.47 $875.28 2 EACH Fertilization $656.60 $1,313.20 52 WEEK Irrigation System Maintenance $21.88 $1,137.76 Subtotal: $8,750.63 49 at� f z& ev';� P�lin Works PLANTED MEDIANS First Street - between Marina Drive & Pacific Coast Hwy. 1,650 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 18 365 DAILY General /Daily Maintenance 0.94 343.10 52 WEEK Weed Control $5.69 $295.88 52 WEEK Turf Grass Maintenance $19.92 $1,035.84 2 EACH I Fertilization $209.71 $419.42 52 WEEK I Irrigation System Maintenance $7.11 $369.72 Subtotal: $2,463.96 Fourth Street - 4th Street & Central Avenue (Traffic Circle Planter) 900 square feet Item No. Quantity Unit Description Unit Price Annual Price 19 365 DAILY General /Daily Maintenance 0.50 $182.50 52 WEEK Weed Control $3.02 $157.04 24 BIWEEKLY Landscape Maintenance $22.94 $550.56 2 EACH Fertilization $111.43 1 $222.86 52 WEEK Irrigation System Maintenance $3.78 $196.56 Subtotal: $1,309.52 Lampson Avenue - Basswood Avenue, East to City Limits 5,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 20 10 qQ 365 DAILY General /Daily Maintenance $945.35 52 WEEK Weed Control $787.80 52 WEEK Turf Grass Maintenance $53.05 $2,758.60 24 BIWEEKLY Landscape Maintenance $49.26 $1,182.24 2 EACH Fertilization $591.18 $1,182.36 52 WEEK Irrigation System Maintenance $19.70 $1,024.40 Subtotal: $7,880.75 50 Item No. 21 Marina Drive - @ First Street, West to Bridge 300 lineal feet Quantitv Unit Descriotion at� f z& ev';� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.15 $54.75 52 WEEK Weed Control $0.92 $47.84 52 WEEK Turf Grass Maintenance $1.38 $71.76 24 BIWEEKLY Landscape Maintenance $7.00 $168.00 2 EACH Fertilization $36.05 $72.10 52 WEEK Irrigation System Maintenance $1.20 $62.40 Subtotal: $476.85 Pacific Coast Hwy. - From West City Limits, East to Seal Beach Blvd. 3,184 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 22 365 DAILY General /Daily Maintenance 1.57 573.05 52 WEEK Weed Control $9.22 $479.44 52 WEEK Turf Grass Maintenance $32.28 $1,678.56 24 BIWEEKLY Landscape Maintenance $29.97 $719.28 2 EACH Fertilization $359.75 $719.50 52 WEEK Irrigation System Maintenance $11.99 $623.48 Subtotal: $4,793.31 Seal Beach Blvd. - South of North Gate Rd. / 405 Fwy. to Westminster Ave. 4,325 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 23 365 DAILY General /Daily Maintenance $2.46 $897.90 52 WEEK Weed Control $14.84 $771.68 24 BIWEEKLY Landscape Maintenance $112.58 $2,701.92 2 EACH Fertilization $546.86 $1,093.72 52 WEEK Irrigation System Maintenance $18.55 $964.60 Subtotal: $6,429.82 51 at� f z& ev,;� P�lin Works Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Drive 2,300 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 24 365 DAILY General /Daily Maintenance 1.30 $474.50 52 WEEK Weed Control $7.85 $408.20 24 BIWEEKLY Landscape Maintenance $60.58 $1,453.92 2 52 EACH WEEK Fertilization Irrigation System Maintenance $289.43 $9.82 $578.86 $510.64 Subtotal: $3,426.12 Seal Beach Blvd. - South of Adolfo Lopez Drive to Bolsa Ave. 2,121 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 25 Item No. 26 365 DAILY General /Daily Maintenance $1.20 438.00 52 WEEK Weed Control $7.24 $376.48 24 BIWEEKLY Landscape Maintenance $54.94 $1,318.56 2 52 EACH WEEK Fertilization Irrigation System Maintenance $266.86 $9.05 $533.72 $470.60 Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet Quantitv Unit Descrintion Subtotal: $3,137.36 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.48 $175.20 52 WEEK Weed Control $2.94 $152.88 24 WEEKLY Landscape Maintenance $22.29 $534.96 2 EACH Fertilization $108.28 $216.56 52 WEEK Irrigation System Maintenance $3.67 $190.84 52 Subtotal: $1,270.44 Item No. 27 Item No. 28 Seal Beach Blvd. - South of Pacific Coast Hwy. 220 lineal feet Quantity Unit Description at� f z& ev,;� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.11 $40.15 52 WEEK Weed Control $0.69 $35.88 52 WEEK Turf Grass Maintenance $2.44 $126.88 24 BIWEEKLY Landscape Maintenance $2.26 $54.24 2 EACH Fertilization $27.22 $54.44 52 WEEK Irrigation System Maintenance $0.90 $46.80 Subtotal: $358.39 Westminster Avenue - West of Kitts Hwy. to East City Limits - Long Beach Border 1,400 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.79 $288.35 52 WEEK Weed Control $4.75 $247.00 24 BIWEEKLY Landscape Maintenance $36.05 $865.20 2 EACH Fertilization $175.14 $350.28 52 WEEK Irrigation System Maintenance $5.94 $308.88 53 Subtotal: $2,059.71 at� f z& ev';� P�lin Works PLANTED PARKWAYS Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 29 Item No. 30 365 DAILY General /Daily Maintenance $8.61 $3,142.65 52 WEEK Weed Control $51.84 $2,695.68 24 BIWEEKLY Landscape Maintenance $393.15 $9,435.60 2 EACH Fertilization $1,709.61 1$3,419.22 52 WEEK Irrigation System Maintenance $64.80 $3,369.60 Subtotal: $22,062.75 Balboa Avenue - East Side, Between Pacific Coast Hwy. & Bolsa Ave. 600 lineal feet Quantitv Unit Descriation Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.88 $321.20 52 WEEK Weed Control $5.17 $268.84 52 WEEK Turf Grass Maintenance $18.11 $941.72 24 BIWEEKLY Landscape Maintenance $16.82 $403.68 2 EACH Fertilization $201.88 $403.76 52 WEEK Irrigation System Maintenance $6.72 1$349.44 Subtotal: $2,688.64 Bolsa Avenue - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 31 365 DAILY General /Daily Maintenance $4.09 1 492.85 52 WEEK Weed Control $23.49 $1,221.48 52 WEEK Turf Grass Maintenance $78.33 $4,073.16 52 WEEK Hardscape Maintenance $31.33 $1,629.16 24 BIWEEKLY Landscape Maintenance $107.48 $2,579.52 2 EACH Fertilization $678.86 $1,357.72 52 WEEK Irrigation System Maintenance $23.49 $1,221.48 Subtotal: $13,575.37 54 (0 at� fp? Catalina Ave. Cul -De -Sac, East of Crestview Ave. 736 square feet Item No. Quantity Unit Description Unit Price Annual Price 32 Item No. 33 365 DAILY General /Daily Maintenance 1.27 463.55 52 WEEK Weed Control $7.64 $397.28 24 BIWEEKLY Landscape Maintenance $57.97 $1,391.28 2 EACH Fertilization $281.60 $563.20 52 WEEK Irrigation System Maintenance $9.55 $496.60 First Street - East Side, Marina Drive to Pacific Coast Hwy. 700 lineal feet Quantitv Unit Descrintion Subtotal: $3,311.91 Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.03 $375.95 52 WEEK Weed Control $6.05 $314.60 52 WEEK Turf Grass Maintenance $21.20 $1,102.40 24 BIWEEKLY Landscape Maintenance $19.68 $472.32 2 EACH Fertilization $236.27 $472.54 52 WEEK Irrigation System Maintenance $7.87 $409.24 Subtotal: $3,147.05 Lampson Ave. - North & South Sides, Basswood Ave. to East City Limits - Garden Grove Border 7,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 34 365 DAILY General /Daily Maintenance $12.75 4 653.75 52 WEEK Weed Control $76.72 $3,989.44 24 BIWEEKLY Landscape Maintenance $581.83 $13,963.92 2 EACH Fertilization $2,626.07 1 $5,252.14 52 WEEK Irrigation System Maintenance $95.90 $4,986.80 Subtotal: $32,846.05 55 at� f z& ev';� P�lin Works Main Street - Planters, Between Pacific Coast Hwy. & Ocean Ave. 3,028 square feet Item No. Quantity Unit Description Unit Price Annual Price 35 91r; 01 365 DAILY General /Daily Maintenance 2.00 1 901.65 52 WEEK Weed Control 31.40 $1,632.80 24 BIWEEKLY Landscape Maintenance 238.11 $5,714.64 2 EACH Fertilization $1,056.57 $2,113.14 52 WEEK Irrigation System Maintenance $39.25 $2,041.00 Subtotal: $13,403.23 Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 36 Item No. 37 365 DAILY General /Daily Maintenance 2.00 730.00 52 WEEK Weed Control $11.74 $610.48 52 WEEK Turf Grass Maintenance $41.11 $2,137.72 24 BIWEEKLY Landscape Maintenance $38.17 $916.08 2 EACH Fertilization $458.12 $916.24 52 WEEK Irrigation System Maintenance $15.27 $794.04 Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet Quantitv Unit Descrintion Subtotal: $6,104.56 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.36 $131.40 52 WEEK Weed Control $2.16 $112.32 52 WEEK Turf Grass Maintenance $7.56 $393.12 24 BIWEEKLY Landscape Maintenance $7.02 $168.48 2 EACH Fertilization $84.30 $168.60 52 WEEK Irrigation System Maintenance $2.81 $146.12 56 Subtotal: $1,120.04 at� f z& ev';� P�lin Works Ocean Avenue - Bulb Outs, North & South Side of Ocean Ave. - Between 1st. St. & Electric Ave. 3,290 square feet Item No. Quantity Unit Description Unit Price Annual Price 38 365 DAILY General /Daily Maintenance $7.69 $2 806.85 52 WEEK Weed Control $59.72 $3,105.44 24 BIWEEKLY Landscape Maintenance $184.87 $4,436.88 2 EACH Fertilization $1,083.20 $2,166.40 26 WEEK Hand Watering - May thru Oct. $79.63 1$2,070.38 Subtotal: $14,585.95 Pacific Coast Hwy. - North Side, from Seal Beach Blvd., West to Balboa Dr. 1,530 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 39 Item No. 40 365 DAILY General /Daily Maintenance 2.63 $959.95 52 WEEK Weed Control $15.87 $825.24 24 BIWEEKLY Landscape Maintenance $121.35 $2,912.40 2 EACH Fertilization $584.57 $1,169.14 52 WEEK Irrigation System Maintenance $19.83 1$1,031.16 Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet Quantity Unit Descrintion Subtotal: $6,897.89 Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.03 $375.95 52 WEEK Weed Control $6.21 $322.92 52 WEEK Turf Grass Maintenance $21.74 $1,130.48 2 EACH Fertilization $228.80 $457.60 52 WEEK Irrigation System Maintenance $7.76 $403.52 57 Subtotal: $2,690.47 at� f z& ev';� P�lin Works Seal Beach Blvd. - East Side, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet Item No. Quantitv Unit 41 Descriotion Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.40 $876.00 52 WEEK Weed Control $14.50 $754.00 52 WEEK Turf Grass Maintenance $36.26 $1,885.52 52 WEEK Hardscape Maintenance $21.75 $1,131.00 2 EACH Fertilization $502.86 $1,005.72 52 WEEK Irrigation System Maintenance $12.08 $628.16 Subtotal: $6,280.40 Seal Beach Blvd. - East Side, from North Gate Road/405 Fwy. - South to Westminster Ave. 4,000 lineal feet Item No. Quantity Unit 42 Descriation Unit Price Annual Price 365 DAILY General / Daily Maintenance 89 $2,514.85 52 WEEK Weed Control 41.46 $2,155.92 24 BIWEEKLY Landscape Maintenance $314.47 $7,547.28 2 EACH Fertilization $1327.43 $2,654.86 52 WEEK Irrigation System Maintenance $51.83 $2,695.16 WE Subtotal: $17,568.07 at� f z& ev';� P�lin Works SPECIAL LANDSCAPE DISTRICTS Seal Beach Blvd. Median - from Old Ranch Pkwy. North to Plymouth Dr. 4,200 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 43 Item No. 44 Item No. 45 365 DAILY General /Daily Maintenance 3.03 1 105.95 52 WEEK Weed Control $18.26 $949.52 24 BIWEEKLY Landscape Maintenance $120.53 $2,892.72 2 EACH Fertilization $672.86 $1,345.72 52 WEEK Irrigation System Maintenance $22.83 $1,187.16 Subtotal: $7,481.07 Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet Quantitv Unit Descriation Unit Price Annual Price 365 DAILY General / Daily Maintenance 0.43 $156.95 52 WEEK Weed Control $2.61 $135.72 24 BIWEEKLY Landscape Maintenance $19.80 $475.20 2 EACH Fertilization 1 $96.17 1$192.34 52 WEEK Irrigation System Maintenance $3.26 $169.52 Subtotal: $1,129.73 Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance 178.85 52 WEEK Weed Control 150.80 52 WEEK Turf Grass Maintenance $10.15 $527.80 24 BIWEEKLY Landscape Maintenance g.42 $226.08 2 EACH Fertilization $113.14 $226.28 52 WEEK Irrigation System Maintenance $3.77 $196.04 59 Subtotal: $1,505.85 Item No. 46 Item No. 47 at� f z& ev';� P�lin Works Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.54 $562.10 52 WEEK Weed Control $9.06 $471.12 52 WEEK Turf Grass Maintenance $31.71 $1,648.92 24 BIWEEKLY Landscape Maintenance $29.44 $706.56 2 EACH Fertilization $353.34 $706.68 52 WEEK Irrigation System Maintenance $11.77 $612.04 Subtotal: $4,707.42 Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet Quantity Unit Description Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.61 $587.65 52 WEEK Weed Control $9.42 $489.84 52 WEEK Turf Grass Maintenance $9.42 $489.84 24 BIWEEKLY Landscape Maintenance $81.68 $1,960.32 2 EACH Fertilization $367.56 $735.12 52 WEEK Irrigation System Maintenance $12.25 $637.00 Subtotal: $4,899.77 at� f z& ev,;� P�lin Works TRACT ENTRIES Bridgeport Tract Entry - 5th. Street @ Electric Avenue 1000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 48 365 DAILY General /Daily Maintenance 0.30 $109.50 52 WEEK Weed Control $1.77 $92.04 52 WEEK Turf Grass Maintenance $7.11 $369.72 24 BIWEEKLY Landscape Maintenance $3.85 $92.40 2 EACH Fertilization $69.38 $138.76 52 WEEK Irrigation System Maintenance $2.31 $120.12 Subtotal: $922.54 College Park East Tract Entry - Lampson Ave. @ Candleberry Avenue 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 49 365 DAILY General /Daily Maintenance 0.09 32.85 52 WEEK Weed Control $0.74 $38.48 24 BIWEEKLY Landscape Maintenance $2.31 $55.44 2 EACH Fertilization $14.84 $29.68 52 WEEK Irrigation System Maintenance $0.49 $25.48 Subtotal: $181.93 College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 50 365 DAILY General /Daily Maintenance 0.09 32.85 52 WEEK Weed Control $0.74 $38.48 24 BIWEEKLY Landscape Maintenance $2.31 $55.44 2 EACH Fertilization $14.84 $29.68 52 WEEK Irrigation System Maintenance $0.49 1$25.48 Subtotal: $181.93 61 at� f z& ev,;� P�lin Works College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 51 365 DAILY General /Daily Maintenance .1 69.35 52 WEEK Weed Control $1.49 $77.48 24 BIWEEKLY Landscape Maintenance $4.63 $111.12 2 EACH Fertilization $29.68 $59.36 52 WEEK Irrigation System Maintenance $0.99 $51.48 Subtotal:$368.79 College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet Item No. Quantity Unit Description Unit Price Annual Price 52 365 DAILY General /Daily Maintenance 0.19 $69.35 52 WEEK Weed Control $1.49 $77.48 24 BIWEEKLY Landscape Maintenance $4.63 $111.12 2 52 EACH WEEK Fertilization Irrigation System Maintenance $29.68 $0.99 $59.36 $51.48 365 DAILY Subtotal $368.79 Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border Weed Control 2,176 square feet $422.76 24 Item Landscape Maintenance $25.17 $604.08 No. Quantity Unit Description Unit Price Annual Price 53 52 WEEK Irrigation System Maintenance $5.42 $281.84 365 DAILY General /Daily Maintenance 1.04 379.60 52 WEEK Weed Control $8.13 $422.76 24 BIWEEKLY Landscape Maintenance $25.17 $604.08 2 EACH Fertilization $161.13 $322.26 52 WEEK Irrigation System Maintenance $5.42 $281.84 Subtotal:$2,010.54 62 at� f z& ev,;� P�lin Works Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 54 365 DAILY General /Daily Maintenance $4.56 0.1 Subtotal: $12,316.08 College Park West Entry - College Park Drive @ Loyola Plaza 4,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 55 Item No. 56 365 DAILY General /Daily Maintenance 1.21 664.40 52 WEEK Weed Control $26.68 $1,387.36 52 WEEK Turf Grass Maintenance $76.75 $3,991.00 24 BIWEEKLY Landscape Maintenance $57.82 $1,387.68 2 EACH Fertilization $1,040.88 $2,081.76 52 WEEK Irrigation System Maintenance $34.69 $1,803.88 Subtotal: $12,316.08 College Park West Entry - College Park Drive @ Loyola Plaza 4,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 55 Item No. 56 365 DAILY General /Daily Maintenance 1.21 441. 52 WEEK Weed Control $7.12 $370.24 52 WEEK Turf Grass Maintenance $28.48 $1,480.96 24 BIWEEKLY Landscape Maintenance $15.42 $370.08 2 EACH Fertilization $277.71 $555.42 52 WEEK Irrigation System Maintenance $9.25 $481.00 College Park Drive Median - College Park Drive @ Loyola Plaza 180 lineal feet Quantitv Unit Description Subtotal: $3,699.35 Unit Price Annual Price 365 DAILY General / Daily Maintenance $0.08 $29.20 52 WEEK Weed Control $0.67 $34.84 24 BIWEEKLY Landscape Maintenance $2.08 $49.92 2 EACH Fertilization $13.34 $26.68 52 WEEK Irrigation System Maintenance $0.44 $22.88 63 Subtotal: $163.52 Item No. 57 2nd. Street Entry Sign - 2nd. Street @ Central Avenue 5,500 square feet Quantity Unit Description (0 at� fp? Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.67 609.55 52 WEEK Weed Control $9.78 $508.56 52 WEEK Turf Grass Maintenance $39.15 $2,035.80 24 BIWEEKLY Landscape Maintenance $21.21 $509.04 2 EACH Fertilization $381.78 $763.56 52 WEEK Irrigation System Maintenance $12.72 $661.44 64 Subtotal: $5,087.95 at� f z& ev,;� P�lin Works BUILDINGS, FACILITIES & GROUNDS 8th Street Parking Lot - Corner of 8th. Street & Ocean Avenue 19,200 square feet Item No. Quantity Unit Description Unit Price Annual Price 58 365 DAILY General /Daily Maintenance $3.51 1281.15 52 WEEK Weed Control $10.58 $550.16 Subtotal: $1,831.31 Beach Facility Restroom Planters - At the Pier 200 square feet Item No. Quantity Unit Description Unit Price Annual Price 59 365 DAILY General /Daily Maintenance 2 164.25 52 WEEK Weed Control 0.20 $10.40 24 BIWEEKLY Landscape Maintenance $0.63 $15.12 2 EACH Fertilization $4.03 $8.06 52 WEEK Irrigation System Maintenance $0.13 1$6.76 Subtotal: $47.64 Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area Item No. Quantity Unit Description Unit Price Annual Price 60 365 DAILY General /Daily Maintenance $0.45 164.25 52 WEEK Weed Control $2.63 $136.76 52 WEEK Turf Grass Maintenance $10.54 $548.08 24 BIWEEKLY Landscape Maintenance $5.71 $137.04 2 EACH Fertilization $102.85 $205.70 52 WEEK Irrigation System Maintenance $3.42 $177.84 Subtotal: $1,369.67 65 at� f z& ev,;� P�lin Works Fire Station # 48 - 3131 North Gate Road 53,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 61 365 DAILY General /Daily Maintenance 3.66 1 335.90 52 WEEK Weed Control $21.42 $1,113.84 52 WEEK Turf Grass Maintenance $75.71 $3,936.92 24 BIWEEKLY Landscape Maintenance $46.42 $1,114.08 2 52 EACH WEEK Fertilization Irrigation System Maintenance $835.72 $27.85 $1,671.44 $1,448.20 Subtotal:$10,620.38 Lampson Well Site - 4307 Lampson Avenue 820 lineal feet - outside area 1,360 square feet - inside area Item No. Quantity Unit Description Unit Price Annual Price 62 365 DAILY General /Daily Maintenance 4 51.10 52 WEEK Weed Control 1.14 $59.28 24 BIWEEKLY Landscape Maintenance $3.52 $84.48 2 EACH Fertilization $22.59 $45.18 52 WEEK Irrigation System Maintenance $0.76 $39.52 Subtotal: $279.56 City Hall Building - 211 8th. Street 7,400 square feet Item No. Quantity Unit Description Unit Price Annual Price 63 365 DAILY General /Daily Maintenance O.gg $361.35 52 WEEK Weed Control $5.81 $302.12 52 WEEK Turf Grass Maintenance $23.27 $1,210.04 24 BIWEEKLY Landscape Maintenance $12.60 $302.40 2 EACH Fertilization $226.89 $453.78 52 WEEK Irrigation System Maintenance $7.56 $393.12 Subtotal:$3,022.81 at� f z& ev,;� P�lin Works Mary Wilson Library - 700 Electric Avenue 20,700 square feet Item No. Quantity Unit Description Unit Price Annual Price 64 365 DAILY General /Daily Maintenance 1.40 511.00 52 WEEK Weed Control $8.24 $428.48 52 WEEK Turf Grass Maintenance $32.96 $1,713.92 24 BIWEEKLY Landscape Maintenance $17.85 $428.40 2 EACH Fertilization $321.43 $642.86 52 WEEK Irrigation System Maintenance $10.71 $556.92 Subtotal: $4,281.58 Fire Station # 44 - 100 8th. Street 8,800 square feet Item No. Quantity Unit Description Unit Price Annual Price 65 365 DAILY General /Daily Maintenance 0.60 $219.00 52 WEEK Weed Control $3.51 $182.52 52 WEEK Turf Grass Maintenance $14.04 $730.08 24 BIWEEKLY Landscape Maintenance $7.60 $182.40 2 EACH Fertilization $136.89 $273.78 52 WEEK Irrigation System Maintenance $4.56 $237.12 Subtotal:$1,824.90 Heritage Square Parking Lots - East & West Sides of Main Street - at Electric Avenue 33,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 66 365 DAILY General /Daily Maintenance 2 24 $817.60 52 WEEK Weed Control $13.14 $683.28 52 WEEK Turf Grass Maintenance $52.59 $2,734.68 24 BIWEEKLY Landscape Maintenance $28.48 $683.52 2 EACH Fertilization $512.77 $1,025.54 52 WEEK Irrigation System Maintenance $17.09 $888.68 Subtotal Subtotal: $6,833.30 67 at� f z& ev';� P�lin Works Main Street Parking Lot - 100 Block of Main Street, East Side 16,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 67 365 DAILY General /Daily Maintenance 1.75 638.75 52 WEEK Weed Control 13.64 $709.28 24 BIWEEKLY Landscape Maintenance $42.22 $1,013.28 2 EACH Fertilization $270.25 $540.50 52 WEEK Irrigation System Maintenance $9.09 $472.68 Subtotal: $3,374.49 Marina Community Center - 151 Marina Drive 20,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 68 365 DAILY General /Daily Maintenance 1.57 $573.05 52 WEEK Weed Control $9.21 $478.92 52 WEEK Turf Grass Maintenance $36.84 $1,915.68 24 BIWEEKLY Landscape Maintenance $19.95 $478.80 2 EACH Fertilization $359.24 $718.48 52 WEEK Irrigation System Maintenance $11.97 $622.44 Subtotal: $4,787.37 Police Department Building - 911 Seal Beach Blvd. 33,500 square feet Item No. Quantity Unit Description Unit Price Annual Price 69 365 DAILY General /Daily Maintenance $2.28 832.20 52 WEEK Weed Control $13.34 $693.68 52 WEEK Turf Grass Maintenance $53.36 $2,774.72 24 BIWEEKLY Landscape Maintenance $28.90 $693.60 2 EACH Fertilization $520.34 $1,040.68 52 WEEK Irrigation System Maintenance $17.34 $901.68 Subtotal: $6,936.56 .: at� f z& ev,;� P�lin Works Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Avenue 4,300 square feet Item No. Quantity Unit Description Unit Price Annual Price 70 365 DAILY General /Daily Maintenance 0.29 $105.85 52 WEEK Weed Control $1.70 $88.40 52 WEEK Turf Grass Maintenance $6.82 $354.64 24 BIWEEKLY Landscape Maintenance $3.69 $88.56 2 EACH Fertilization $66.55 $133.10 52 WEEK Irrigation System Maintenance $2.21 $114.92 Subtotal: $885.47 Seal Beach Tennis Center - 3900 Lampson Avenue 254,000 square feet Item No. Quantity Unit Description Unit Price Annual Price 71 365 DAILY General /Daily Maintenance $17.29 6 310.85 52 WEEK Weed Control $101.15 $5,259.80 52 WEEK Turf Grass Maintenance $404.60 $21,039.20 24 BIWEEKLY Landscape Maintenance $219.16 $5,259.84 2 EACH Fertilization $3,244.89 $6,489.78 52 WEEK Irrigation System Maintenance $131.49 $6,837.48 Subtotal: $51,196.95 North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet Item No. Quantity Unit Description Unit Price Annual Price 72 365 DAILY General /Daily Maintenance $0.52 189.80 52 WEEK Weed Control $3.06 $159.12 52 WEEK Turf Grass Maintenance $12.25 $637.00 24 BIWEEKLY Landscape Maintenance $6.63 $159.12 2 EACH Fertilization $119.49 $238.98 52 WEEK Irrigation System Maintenance $3.98 $206.96 Subtotal: $1,590.98 .• Item No. 73 Item No. 74 Item No. 75 (0 at� fp? HARDSCAPE MAINTENANCE AREAS Road Shoulder, Sidewalk, Tree & Shrub Watering North Gate Road - North & South Sides from Reservoir to - North Leisure World Gate 3,600 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $3.63 $1,324.95 52 WEEK Weed Control $17.23 $895.96 52 WEEK Hardscape Maintenance $21.06 $1,095.12 Subtotal: $3,316.03 North Gate Road Bike Trail - End of North Gate Road to - San Gabriel River Bike Trail 2,500 lineal feet Quantitv Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $2.52 $919.80 52 WEEK Weed Control $11.97 $622.44 52 WEEK Hardscape Maintenance $14.64 $761.28 Subtotal: $2,303.52 Lampson Ave. - North & South Sides from Basswood St., East to City Limits 10,400 lineal feet Quantity Unit Descrintion Unit Price Annual Price 365 DAILY General / Daily Maintenance $5.63 $2,054.95 52 WEEK Weed Control / Tree Well Maint $32.01 $1,664.52 52 WEEK Hardscape Maintenance $45.20 $2,350.40 2 EACH Fertilization $979.36 $1,958.72 26 WEEK Hand Watering - May thru Oct. $67.80 $1,762.80 70 Subtotal: $9,791.39 at� f z& ev,;� P�lin Works First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 76 365 DAILY General /Daily Maintenance 1.40 511.00 52 WEEK Weed Control $8.23 $427.96 52 WEEK Turf Grass Maintenance $32.92 $1,711.84 24 BIWEEKLY Landscape Maintenance $17.83 $427.92 2 EACH Fertilization $320.97 $641.94 52 WEEK Irrigation System Maintenance $10.69 $555.88 Subtotal: $4,276.54 Main Street - East & West Sides from Ocean Ave. to Pacific Coast Hwy. 3,168 square feet 3,600 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 77 365 DAILY General /Daily Maintenance 2.79 996.45 52 WEEK Weed Control $12.77 $664.04 52 WEEK Hardscape Maintenance $23.95 $1,245.40 52 WEEK Clean Gutters / Planter Areas $12.77 $664.04 24 BIWEEKLY Landscape Maintenance $86.51 $2,076.24 2 EACH Fertilization $498.31 $996.62 26 WEEK Hand Watering - May thru Oct. $31.94 $830.44 52 WEEK Irrigation System Maintenance $15.97 $830.44 Subtotal: $8,303.67 Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th. Street 2,456 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 78 365 DAILY General /Daily Maintenance $2,09 762.85 52 WEEK Weed Control / Tree Well Maint $11.39 $592.28 26 WEEK Hand Watering - May thru Oct. $23.73 $616.98 2 EACH Fertilization $246.86 $493.72 Subtotal:$2,465.83 71 (0 at� fp? Pacific Coast Hwy. - North Side from 8th. Street, West to City Limits 1,450 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 79 365 DAILY General /Daily Maintenance $0.84 $306.60 52 WEEK Weed Control $4.37 $227.24 52 WEEK Hardscape Maintenance $15.45 $803.40 Subtotal: $1,337.24 Seal Beach Blvd. - West Side, from Bolsa Ave., North to - Gum Grove Park Expansion 1,400 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 80 365 DAILY General /Daily Maintenance 0.85 310.25 52 WEEK Weed Control $4.87 $253.24 52 WEEK Hardscape Maintenance $6.88 $357.76 2 EACH Fertilization $149.24 $298.48 26 WEEK Hand Watering - May thru Oct. $10.33 $268.58 Subtotal: $1,488.31 Westminster Ave. - North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Road 10,500 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 81 365 DAILY General /Daily Maintenance $9.29 $3,390.85 52 WEEK Weed Control $27.94 $1,452.88 Subtotal: $4,843.73 Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet Item No. Quantity Unit Description Unit Price Annual Price 82 365 DAILY General /Daily Maintenance 2.24 $817.60 52 WEEK Weed Control $6.74 $350.48 Subtotal: $1,168.08 72 Item No. 83 Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet Quantity Unit Description at� f zoz ev';� P�lin Works Unit Price Annual Price 365 DAILY General / Daily Maintenance $1.11 $405.15 52 WEEK Weed Control 5.27 $274.04 52 WEEK Hardscape Maintenance $6.45 $335.40 Subtotal: $1,014.59 $ 659.564.62 SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES) EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes. Irrigation Heads and Associated Repair Parts Item Estimated No. Description Quantity Unit Price Total # 1 Hunter 1-40 Pop Up (Stainless Steel) 20 $76.84 $1,536.74 # 2 Hunter 1-25 Pop Up (Stainless Steel) 100 $50.81 $5,081.17 # 3 Hunter 1-20 Pop Up (Stainless Steel) 250 $22.31 $5,576.89 # 4 Hunter PGP ADJ Pop Up 50 $9.91 $495.72 # 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 100 $5.58 $557.69 # 6 Hunter Ultra 4" ADJ SS CK VLV 50 $12.39 $619.65 # 7 Hunter 4" ADJ Rotor Pop Up 50 $13.63 $681.62 # 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $13.63 $681.62 # 9 Hunter 12" Spray Pop Up Body Only 50 $22.31 $1,115.37 #10 Hunter 1" Plas RCV w/ Flow Cntrl (Inline) 50 $17.35 $867.52 # 11 Rain Bird 2" RCV Brs 50 $272.65 $13,632.42 # 12 Rain Bird 1-1/2 " RCV Brs 50 $231.75 $11,587.56 # 13 Rain Bird 1" RCV Brs 50 $145.00 $7,249.97 # 14 Rain Bird 2" RCV Brs 50 $154.91 $7,745.69 # 15 Rain Bird 1-1/2 " RCV Plas 50 $115.26 $5,762.80 # 16 Rain Bird 1" RCV Plas 50 $85.51 $4,275.62 # 17 Rain Bird Diaphragm Assembly - 200G/EFA 50 $69.40 $3,470.07 # 18 Rain Bird Diaphragm Assembly - 150G/EFA 50 $52.05 $2,602.55 # 19 Rain Bird Diaphragm Assembly - 75/100 EFA/EFB 50 $49.57 $2,478.62 # 20 Rain Bird Diaphragm Assembly 150/200 PEB 50 $57.01 $2,850.42 73 at� f z'& tz� P�lIR works # 21 Rain Bird Diaphragm Assembly 10OPE 50 $52.05 $2,602.55 # 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50 $37.18 $1,858.97 # 23 Rain Bird Dial Pressure Regulator 50 $47.09 $2,354.69 # 24 Rain Bird 12" Pop Up Body Only SAM PRS 50 $19.83 $991.45 # 25 Rain Bird 6" Pop Up SAM PRS 50 $16.11 $805.55 # 26 Rain Bird 1804 SAM PRS W/Van Nozzle 75 $4.96 $371.79 # 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $16.11 $1,208.33 # 28 Rain Bird 1812 SAM PRS W/Van Nozzle 75 $21.07 $1,580.12 # 29 Rain Bird 1" RCV GB -Series 10 $145.00 $1,449.99 # 30 Rain Bird 1-1/2" RCV GB -Series 10 $231.75 $2,317.51 # 31 Rain Bird 2" RCV GB -Series 10 $272.65 $2,726.48 # 32 Superior 3" Non Pressure Regulating Brass Valve 2 $1,152.56 $2,305.12 # 33 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $74.36 $743.59 # 34 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $99.14 $495.72 #35 Plastic / Rectangular RCV Box W/ Lid 50 39.66 $1,982.90 # 36 Plastic / Round QCV Box W/ Lid 25 $11.15 $278.84 # 37 Rain Bird 1" Valve Replacement Diaphragm (Brass) 25 $53.29 $1,332.26 # 38 Rain Bird 1-1/2" Valve Replacement Diaphragm (Brass) 10 $61.97 $619.66 # 39 Rain Bird RCV Replacement Solenoid 20 $29.74 $594.87 Subtotal: $105,490.11 PLANT MATERIAL (INSTALLED) Item Estimated No. Description Quantity Unit Price Total # 40 1 Annual Color 85 Flats $ 26.32 Flat $ 2,237.20 # 41 Ground Cover 100 Flats $ 26.32 Flat $ 2,632.00 # 42 One (1) Gallon Shrub 1000 EA $ 11.58 EA $ 11,580.00 #43 Five (5) Gallon Shrub 1000 EA $ 26.32 EA $ 26,320.00 # 44 Fifteen 15 Gallon Shrub 100 EA $ 94.74 EA $ 9,474.00 TREES (INSTALLED) Item No. Subtotal: $ 52,243.20 Estimated Description Quantity Unit Price Total Subtotal: $ 27,347.64 74 Twenty Four (24) Inch Box Tree W/ Stakes, # 45 Ties & 2 each, 3" X 3' Watering Tubes 80 EA $ 294.74 EA $ 23,579.20 Thirty Six (36) Inch Box Tree W/ Stakes, Ties # 46 & 2 each, 3" X 3' Watering Tubes 4 EA $ 842.11 EA $ 3,368.44 # 47 Foliar Insecticide Application 4 Per Tree $ 100 EA $ 400 Subtotal: $ 27,347.64 74 at� f zoz ev';� P�lin Works Item Estimated No. Descrintion Quantitv Unit Price Total # 48 Rototill 5,000 SF $ 0.15 SF $ 750.00 Soil Test 20 EA $ 125.00 EA $ 2,500.00 Mechanical Trenching 500 LF $ 0.25 LF $ 125.00 Subtotal: $ 3,375.00 $ 188,455.99 SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): $ 848,020.57 GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) $ eight hundred forty-eight thousand twenty dollars and fifty-seven cents GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Maintenance Labor Rates Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Supervisor $ 65 Irrigator $ 65 Laborer $ 35 Emergency After -Hours Rate $ 97.50 $ 97.50 $ 52.50 Bidders understand twenty-four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. 75 (0 at� fp? New Construction Labor Rates For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code. Description Normal Business Rate Emergency After -Hour Rate Supervisor $ 65 $ 97.50 Irrigator $ 65 $ 97.50 Laborer $ 35 $ 52.50 Prevailing wages are required on this contract. Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, trash, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. W 8lrighttView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 170 RE: Letter of Exceptions to the Request for Proposals for Seal Beach Landscape Maintenance Services ("Bid") To whom it may concern, BrightView Landscape Services, Inc. ("BrightView") welcomes the opportunity to submit a bid to the above referenced Request for Proposals (RFP) and looks forward to the possibility of partnering with you. In accordance with the accompanying Instructions, BrightView respectfully submits the following exceptions to the proposed terms and conditions included in the RFP itself and/or the PROFESSIONAL SERVICES AGREEMENT: 1) PROFESSIONAL SERVICES AGREEMENT: 5.1: BrightView believes that it is fair and equitable that the right to terminate without cause should be granted to both parties. Based upon the foregoing, BrightView respectfully requests the following revisions to this section: line 2 — delete "based upon reasonable cause" and replace with "without cause". 2) ,PROFESSIONAL SERVICES AGREEMENT: 8.2: Since it is hard to determine what drought restrictions and conditions shall be in place at the time of the service are provided and in order to provide the customer with the results expected, BrightView's policy is to disclaim liability related to local water restrictions in the event that the City requests that Brightview exceeds said water restrictions, if any. Based upon the aforementioned reasons, Brightview requests that the following provision be added to this section: "Consultant shall not be liable for any Losses resulting from the provision of Services or performance of any Work Order hereunder, if such Losses are due to causes or conditions beyond its reasonable control, including but not limited to Losses in any way related to or associated with state or local water regulations or mandates or Consultant's compliance or good faith efforts to comply with state or local water regulations or mandates." 3) ,PROFESSIONAL SERVICES AGREEMENT: 12.0 Indemnification, Hold Harmless, and Duty to Defend: Per BrightView's contract policy, to the extent BrightView's negligent performance of its obligations results in property damage or personal injury to a third party, BrightView will indemnify the City for the damages/costs it incurs from such third party. Based upon the foregoing, BrightView respectfully requests that the following is inserted before "claim" on line 4 of this paragraph: "third -party"; line 9 — delete "foe' and replace with "to the extent"; line 10 — delete "arising" and replace with "arises", delete "sole". BrightView respectfully requests your consideration of the items noted herein and the opportunity to lightly negotiate certain terms for the mutual benefit of both parties. This Letter of Exceptions, together with any attached Scope of Services, Pricing, and other schedules and exhibits attached hereto, constitute BrightView's entire response to the RFP and supersedes all prior BrightView responses to the RFP, whether oral or written. Please contact Darin Sherlock at 949.614.9148 Darin.Sherlock@brightview.com regarding any questions you may have regarding BrightView's proposed bid. Sincer 'ly., r Joshua Dake Sinior Vice President 15rig tVieW City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 171 CERTIFICATE OF RESOLUTION BrightView Maintenance Companies I, Jonathan Gottsegen, Secretary of BrightView Landscapes, LLC, a Delaware limited liability company (the "Company"), do hereby certify that as of the date hereof, the following resolutions have been adopted by the unanimous approval of the Board of Directors of the Company and the Board of Directors of the Company's maintenance subsidiaries listed on Exhibit A (the Company and such subsidiaries are sometimes referred to herein as the "Companies"), in accordance with the governing documents of the Companies and that said approvals have not been rescinded, amended or modified: Authorization to Execute Documents: RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve in the offices and for such companies that are indicated therein until their respective successors are elected and qualified or until their earlier resignation, removal or death; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize those individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on behalf of the Companies, subject to the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non -disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby authorized and directed to execute a Certificate of Resolution certifying to the passage of these resolutions; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further authorized to amend Exhibit C hereto from time to time if he or she determines such amendment is necessary to reflect changes in employment status and/or title of the Company's employees; FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, nondisclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the authority herein contained shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was duly authorized to act. FURTHER RESOLVED, if due to an emergency situation and the Company's Business Continuity Plan (BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and for and on behalf of the Companies, without further action needed to be taken by an officers of the Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non -disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency a rightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 172 agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency situation and the BCP is deactivated, the limitations in the Signatory Authority Policy set forth on Exhibit D shall once again apply. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Resolution on this 15th day of April, 2019. Jonathan Gottsegen orightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 173 Exhibit A — Subsidiaries BrightView Landscapes, LLC BrightView Landscape Services, Inc. — CA BrightView Landscape Services, Inc. — AZ BrightView Landscape Services, Inc. — CO BrightView Landscape Services, Inc. — FL BrightView Landscape Services, Inc. — GA BrightView Landscape Services, Inc. — NV BrightView Landscape Services, Inc. — TX BrightView Landscape Services ULC BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Companies, LLC* BrightView Funding LLC* *Elected Officers Only arightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 174 Exhibit B — Elected Officers Bri2htView Landscapes, LLC Andrew Masterman President and Chief Executive Officer Jonathan Gottsegen Secretary; Executive Vice President and Chief Legal Officer Brett Urban Executive Vice President and Chief Financial Officer Jeff Herold President, Landscape Services Thomas Donnelly President, Landscape Development Katriona Knaus Treasurer Louay H. Khatib Assistant Treasurer Robert Tyler Assistant Treasurer Todd Chambers Executive Vice President and Chief Marketing Officer Brian Bruce Executive Vice President and Chief Information Officer Susan DeSantis Assistant Secretary Tomas Kuehn Assistant Secretary BrightView Landscape Services. Inc. — CA Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Joshua Dake Senior Vice President Todd Chesnut Senior Vice President BriLyhtView Landscape Services. Inc. — AZ Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BriehtView Landscape Services. Inc. — CO Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView BrightView Landscape Services. Inc. — FL City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 175 Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Charles Gonzalez Senior Vice President BritzhtView Landscape Services. Inc. — GA Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Michael Dozier President, Evergreen East BrightView Landscape Services. Inc. — NV Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BriehtView Landscape Services. Inc. — TX Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BriehtView Landscape Services ULC Jeff Herold Chief Executive Officer and President Robert Tyler Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BtriyhtView Joshua Dake Senior Vice President Todd Chesnut Senior Vice President BriahtView Tree Care Services. Inc. City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 176 Jeff Herold Chief Executive Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer Tomas Kuehn Assistant Secretary Susan DeSantis Assistant Secretary BriehtView Golf Maintenance. Inc. Jeff Herold Chief Operating Officer and President Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Assistant Secretary B. Todd Bunnell Vice President Terrance McGuire Vice President Vincent Gilmartin Vice President Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Treasurer BrightView Comuanies. LLC Brett Urban Chief Executive Officer, President, Chief Financial Officer and Treasurer Robert Tyler Senior Vice President, Assistant Secretary and Assistant Treasurer Jonathan Gottsegen Secretary Tomas Kuehn Vice President and Assistant Secretary Brian D. Bruce Vice President Caroline Weilert Vice President Louay H. Khatib Assistant Treasurer Katriona Knaus Assistant Secretary BrightView Funding LLC Brett Urban Vice President and Chief Financial Officer Jonathan Gottsegen Vice President and Secretary Katriona Knaus Treasurer Rob Tyler Assistant Treasurer Louay H. Khatib Assistant Treasurer Susan DeSantis Assistant Secretary arightView City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 177 Exhibit C — Signatory Authority Individual Title Fred Freund President, Evergreen West Division Jeff Herold President, Golf Jamie Gollotto President, Seasonal Division Michael Dozier President, Evergreen East Division Murray Cook President, Sports Turf Michael Kinnard Sr. Vice President, Finance & CFO BrightView Landscape Services Josh Dake Group SVP, Evergreen Southwest Jessica Durbin SVP, Rocky Mountains Greg Lewandowski SVP, Mid -Atlantic Darren Mcdonough SVP, Evergreen East Ray Nobile SVP, Northeast Karine Stuimer SVP, Northern California Mark Zobel SVP, Midwest Todd Chestnut SVP, Southeast Ben Strickland Group Vice President, Texas Jon Hasbrouck Group Vice President, Southwest Michael Underwood Group Vice President, Northern Cal Randy Pillon TDE Canada, same signature authority as a Group Vice President Russel Simmons Group Vice President, Golf Andrew Hart VPF, Seasonal Division Christian Nunez VPF, Evergreen West Division City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 178 Meredith Nicklas VPF, Mid -Atlantic Trevor Frey Director, Risk Management Aaron Lott Director, Finance, Rocky Mountain Genevieve Belanger Director, Finance, Midwest Stephanie Johnston Director, Finance, Southwest Terence O'Bright Director, Finance, TDE Cari Brito Regional Finance Manager, Florida South Caleb Moore Regional Finance Manager, Texas James Porter Regional Finance Manager, Florida Central Jim Marouchoc Regional Finance Manager, Golf Melylnda Rudolff Regional Finance Manager, Northern California Octavio Suarez Rincon Regional Finance Lead, Southwest Peter Hafer Regional Finance Manager, Northeast Rose Grennell Regional Finance Lead, Southwest Shawna Grennell Regional Finance Lead, Southeast Yulia Stepanets Regional Finance Manager, Texas Adam Budniak VPGM, So Cal Andrew Mori VPGM, So Cal Brandon Steene VPGM, Northern Cal Charles Gonzalez VPGM, Florida South Chris Greene VPGM, Mid -Atlantic City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 179 Christian Galindo VPGM, Southwest Christopher Jones VPGM, Midwest Daniel Perry VPGM, Florida South David Howell VPGM, Southwest David Palmer VPGM, Northeast David Sharp VPGM, Midwest Judd Strohmeyer VPGM, Northeast Justin Hatchett VPGM, Mid -Atlantic Kevin Kenney VPGM, Mid -Atlantic Kevin Mefford VPGM, Southwest Luis Caballero VPGM, Southwest Mark Cruzan VPGM, Florida South Matt Bevill VPGM, Northwest Michael Soares VPGM, Northern California Paul McGrath VPGM, Southeast Rene Rivera VPGM, So Cal* (SVP authority per Delegation of Authority form) Scott Godfrey VPGM, Evergreen NW Tree Care Services Scott Sifton VPGM, Southeast Scott Sikora VPGM, Florida Central Scott Smith VPGM, Southeast Steve Brackin VPGM, Southeast City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Page 180 Tariq Ahmed VPGM, Northeast Terry McGuire VPGM, Southeast Golf Todd Thompson VPGM, Mid -Atlantic Vincent Gilmartin VPGM, Northeast Region Brian Ostler GM, Southwest Chad Jaudon GM, Southeast Chad Olsen GM, Sports Turf Christoper Rhine GM, Southwest Fairlight Beard GM, Northern California Francisco Alvarez GM, Texas John Berg GM, Southwest Justin Cooke GM, Midwest Marc Fortson GM, Evergreen East Mark McCormick GM, Florida Central Mark Moore GM, Winter Services, Northeast Matt Maierhofer GM, Rocky Mountain Mike Murphy GM, Texas Mike Ney GM, Northern CA Shawn Rommerdahl GM, Florida Central Yusef Mohmed GM, Texas Senior Branch Manger Per Title Branch Manger Per Title arightView t+ City of Seal Beach City -Wide Landscape Maintenance Services Business Proposal Exhibit D- Signatory Authority Policy P a g e 181 Authority to execute service contracts for the Company is granted to a limited group of officers ("Authorized Signer"). Such signature authority is not a matter of preference or informal policy; rather, it is a directive set by the Company's Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requirements set forth in BrightView's Contract Policy & Procedure Guidelines. MAINTENCE SIGNATURE AUTHORITY ONLY AUTHORIZED SIGNERS SHALL SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF THE OFFICER'S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES NOT APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N A U T H O R I Z E D S I G N E R A N D DO NOT HAVE AUTHORITY TO SIGN A CONTRACT ON BEHALF OF THE COMPANY. IF AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING AN AUTHORIZED SIGNER, THE EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT. AUTHORIZED SIGNER* MAINTENANCE SERVICE CONTRACTS CFO for Maintenance ;Services Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility. All National Account Masters and Cross Divisional Agreements. Division President Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility. Division VPF; Group SVP; Director, All BV Landscape Services contracts and Service Provider Finance agreements with an annual value <$1.5M in the Division; Group or Region(s); for which they have responsibility SVP; Group President; Group VP; All BV Landscape Services contracts and Service Provider Regional Finance Manager; Regional agreements with an annual value <$1M in the Division; Group or Finance Lead Region(s); for which they have responsibility VPGM & GM* • Any Services contracts (excluding fixed fee snow) and Service Provider agreements with an annual value <$50K in the Market(s) for which they have responsibility • Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre -approved BrightView template with no changes and an annual value <$250K for the Market(s) for which they have responsibility • Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre -approved BrightView template with changes and an annual value <$50K for the Market(s) for which they have responsibility • 1-9 certifications for the market for which they have responsibility Sr. BM & BM • Non-recurring enhancement or tree service <$100K for the Branch(es) for which they have responsibility • Any internal contract issued from a BV entity to a BV Branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc., etc.) Lien releases and lien waivers Elected Officers Any BrightView Document for the Maintenance Entity for which they are elected. "Does not include National Account Masters or BES contracts 'VPGM & GM signatories may sign in place of a BM signatory only for the market for which they have responsibility. EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105 SUMMARY OF REQUEST: That the City Council adopt Resolution 7437: 1. Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, 2. Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,075,500, including the Total Base Bid of $1,956,500, Item A1.1 Bid Stipulated Allowance, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, 4. Authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000, in connection with the Project, in the cumulative not -to -exceed amount of $210,000. 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. Agenda Item J In November 2022, the City solicited bids for a clubhouse renovation, and on December 14, 2022, the City Clerk's office received three bids. The lowest responsive bidder was approximately 40 percent higher than the engineer's estimate, and it was determined this discrepancy was likely caused by extreme inflation, supply chain issues and low bidder participation. At the January 23, 2023 City Council meeting, the Council rejected all bids and directed staff to re -advertise the project after reconsidering the project scope. In accordance with the Council direction, the Project's final 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. The design features included: • 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 glazing 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 lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs. • Demolition of the existing locker room that would create additional open space for the Tennis and Pickleball Center. On May 22, 2023, construction bids were solicited. On June 22, 2023, the City Clerk's office received five (5) bids with the following results: Rank Contractor Total Base Bid* Low OrangeBlue General Contractors $1,956,500.00 2 R Dependable Construction, Inc. $2,240,600.00 3 Legion Contractors, Inc. $2,453,100.00 4 Tovey/Shultz Construction, Inc. $2,671,167.00 5 D.F. Perez Construction, Inc. $2,729,535.07 * Bid proposal stated amount On June 27, 2023, R Dependable Construction, Inc. ("Dependable") submitted a bid protest alleging that the bid submitted by the apparent low bidder, OrangeBlue General Contractors ("OrangeBlue"), contained line item errors, failed to list required subcontractors, and did not confirm possession of all required workers compensation insurance. OrangeBlue responded to the bid protest by letters dated Page 2 July 20, 2023 and July 24, 2023, respectively, in which OrangeBlue provided clarifying information concerning the omission of certain subcontractors. OrangeBlue also acknowledged certain line item errors, but confirmed that the total base bid of $1,956,500 is, in fact, correct. Staff also reviewed the State Contractor Licensing Board website and confirmed that OrangeBlue has workers' compensation insurance and that subcontractor Millennium submitted documentation to the State establishing its exemption from workers' compensation insurance. As part of execution of the Agreement, the City will require submittal of proof that OrangeBlue possesses all required insurance. Based on a detailed bid analysis, including review of the Instructions to Bidders governing interpretation of bids, the OrangeBlue bid protest response, and consultation with the City Attorney, it is staff's recommendation that the City Council find that there are no material errors or omissions that render OrangeBlue's bid non-responsive. Any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of OrangeBlue's bid; (b) give OrangeBlue an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council may find that it would be in the best interests of the City to accept OrangeBlue's bid as the lowest responsive bid for the Project. The project had requested the bidder to included Item A1.1 — Bid Stipulated Allowance of $40,000. While a hazardous materials survey was conducted, this allowance would provide for unforeseen abatement work during demolition. This is separate from the general course of construction contingency, The project also requested pricing for optional additive and deductive bid items for work the City may elect after the bid opening. Nevertheless, the determination of the lowest bid was based on the "Total Base Bid" amount, which excludes any optional bid items. Staff has evaluated the lowest Total Base Bid, selected additive and deductive bid item pricing and found the costs in line with the engineer's estimate and competitive with industry standards. Staff, therefore, recommends including the following additive and deductive bid items in the award for a total of $79,000: 1. AB.1 — Furnish and install new below grade electrical conduit to Courts #7 and #8. 2. AB.2 — Furnish and install new electrical conduit and concrete trenching and repair to Courts #7 and #8. 3. DB.1 — New bi-folding doors and frames in lieu of sliding glass doors along the Clubhouse's easterly side. Based upon the references, qualifications, work experience, and cost, staff recommends deeming OrangeBlue as the lowest responsible bidder at $1,956,500 Total Base Bid ($2,075,500 Total Bid), rejecting the bid protest and waiving all bid irregularities; awarding the Tennis and Pickleball Center Improvement Project to Page 3 OrangeBlue; and rejecting all other bids. The project plans are available in the City Engineer's office. Due to the facility's age, staff recommends authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000 in the cumulative, not -to -exceed amount of $210,000. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsections (a), (b), and (e). LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved the resolution as to form. FINANCIAL IMPACT: Sufficient funds have been allocated in the FY 2023-2024 Capital Improvement Program budget for the Tennis and Pickleball Center Improvement Project, CIP BG2105. No budget adjustments are recommended. The table below presents the estimated breakdown of the Project's construction cost: Description Amount Total Base Bid $ 1,956,500 Item A1.1 Bid Stipulated Allowance $ 40,000 Additive/Deductive Items $ 79,000 Contingency $ 140,000 Inspection/Construction Support $ 70,000 Total $ 2,285,500 Any unspent funds remaining from this project will be returned to the original funding source upon completion. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 4 RECOMMENDATION: That the City Council adopt Resolution 7437: 1. Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, 2. Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,075,500, including the Total Base Bid of $1,956,500, Item A1.1 Bid Stipulated Allowance, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, 4. Authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000, in connection with the Project, in the cumulative not -to -exceed amount of $210,000. C•Y1J:3► I I a 1 :1191 1-ya Iris .Gee Iris Lee, Director of Public Works filly., Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7437 B. Agreement with Asad Holdings LLC dba OrangeBlue General Contractors C. R Dependable Construction, Inc. Bid Protest, dated June 27, 2023 D. OrangeBlue General Contractor Response Letter, dated July 20, 2023 Re: Clarification on BG2105 Bid Item Discrepancies E. OrangeBlue General Contractor Response Letter, dated July 24, 2023, Re: CIP No. BG2105 Bid Protest Page 5 RESOLUTION 7437 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS AGREEMENT WITH ASAD HOLDINGS LLC DBA ORANGEBLUE GENERAL CONTRACTORS FOR THE TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT, CIP BG2105 WHEREAS, the City has budgeted the Tennis and Pickleball Center Improvement Project, BG2105, ("Project") in the Capital Improvement Program to provide effective use of the Tennis and Pickleball Center facility space for community end users; and, WHEREAS, in November 2022, the City solicited bids for the Project, and on December 14, 2022, the City Clerk's office received three bids, but because the lowest responsive bidder was approximately 40 percent higher than the Engineer's Estimate, on January 23, 2023 the City Council rejected all bids and directed staff to re -advertise the Project after reconsidering the project scope; and, WHEREAS, following redesign of the Project, on May 22, 2023, the City issued a new solicitation for bids for the Project; and, WHEREAS, the Notice Inviting Bids requested pricing for the "Total Base Bid" and pricing for optional additive and deductive bid items for work the City may request after bid opening, provided that the additive and deductive 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 June 22, 2023, the City Clerk's office received five (5) bids in response to the solicitation for bids. Asad Holdings LLC dba OrangeBlue General Contractors ("OrangeBlue") submitted the apparent lowest responsible bid in the amount of $1,956,500. R Dependable Construction, Inc. ("Dependable") submitted the apparent second lowest responsible bid at $2,240,600.00; and, WHEREAS, the City elects to include selected additive and deductive bid items in the amount of $79,000 for a Total Bid amount of $2,075,500; and, WHEREAS, on June 27, 2023, Dependable submitted a bid protest to the City alleging that the bid submitted by the apparent low bidder, OrangeBlue, contained line item errors, failed to list required subcontractors, and did not confirm possession of all required workers compensation insurance; and, WHEREAS, by letters dated July 20, 2023 and July 24, 2023, respectively, OrangeBlue responded to Dependable's bid protest dated June 27, 2023, in which OrangeBlue provided clarifying information concerning the omission of certain subcontractors. OrangeBlue also acknowledged certain line item errors, but confirmed that the total base bid of $1,956,500 is, in fact, correct; and, WHEREAS, the State Contractor Licensing Board website reflects that OrangeBlue has workers' compensation insurance and subcontractor Millennium submitted an exemption from workers' compensation insurance; and as part of execution of the Agreement, the City will require submittal of proof of insurance from OrangeBlue for all required insurance in accordance with the contract documents; and, WHEREAS, based on the City's detailed bid analysis, including review of the Instructions to Bidders governing interpretation of bids, the OrangeBlue bid protest response, and consultation with the City Attorney's office, the City Council hereby finds that there are no material errors or omissions that render OrangeBlue's bid non-responsive; and none of the errors in the Bid affect the Total Base Bid of $1,956,500. Further, any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of OrangeBlue's bid; (b) give OrangeBlue an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council finds that it is in the best interests of the City to accept OrangeBlue's bid as the lowest responsive bid for the Project, and to reject the bid protest, waive any potential irregularities or informalities in OrangeBlue's bid, and reject all other bids; and, WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that OrangeBlue 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 Asad Holdings LLC dba OrangeBlue General Contractors for the Project in the not -to -exceed amount of $2,075,500, including the Total Base Bid of $1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejects the bid protest; waives any and all minor bid irregularities, and rejects 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 $140,000. 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 $70,000. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, 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 7437 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Asad Holdings LLC dba OrangeBlue General Contractors 27071 Cabot Road, Suite 108 Laguna Hills, CA 92653 (949) 317-5700 THIS CONTRACT ("Contract") is made as of August 14, 2023, by and between the City of Seal Beach, a California charter city ("City"), and Asad Holdings LLC dba OrangeBlue General Contractors, a limited liability company ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the plans and specifications for the Tennis and Pickleball Center Improvement Project (CIP BG2105) ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated May 22, 2023; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 22, 2023 in the amount of $2,075,500 ("Bid" hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed B Contractor (State Contractor's license number (License #1074946), DI #1000994213; 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 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as Tennis and Pickleball Center Improvement Project (CIP BG2105) ("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, 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 August 14, 2023 (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 $2,075,500 (Two Million Seventy -Five Thousand Five Hundred 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 Section 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 (i.e. Building Permit: SEALB-BEMP2022-1017), 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, 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, successors, assigns, 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 fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), 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 Liabilities 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 Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by 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 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 5.2. 5.3 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. 5.4 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. 5.5 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. 5.6 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 in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 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. 5.8 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 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 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. 5.9 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 a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall 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. 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) Liability, with 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. Subject to the City's prior written approval, if the Contractor provides traffic control plan 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 and Agreement. 6.2.6 Builder's Risk (or Course of Construction) Insurance. Contractor to maintain with minimum limits of $50,000,000 per claim/aggregate. Coverage to including new projects at new locations, for All Risks coverage excluding Flood and Earthquake Shock. 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. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and 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. 6.5 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 are to 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 are to contain, or 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 and its elected 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: Asad Holdings LLC dba OrangeBlue General Contractors 27071 Cabot Road, Suite 108 Laguna Hills, CA 92653 Telephone: (949) 317-5700 Attn: Arman Tehrani 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 la Jill R. Ingram, City Manager Attest: IS Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas Ghirelli, City Attorney CONTRACTOR: Asad Holdings LLC dba OrangeBlue General Contractors By: Name: Arman Tehrani Title: Managing Member By: Name: Siamak Tehrani Title: Corporate Advisor (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. *:1:114 k r_1 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: TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 16 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) IN Fl- MBel 0 • 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: TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 19 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: By: Policy Number Effective Date Expiration Date Its Authorized Representative 22 i*A:u:lk9•zi 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, volunteers and those City agents serving as independent contractors in the role of City officials, 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. 24 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8' 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 El E 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed 120 25 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: (_) or initialed signature accepted) 26 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 27 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, volunteers and those City agents serving as independent contractors in the role of City officials 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 28 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 8' 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 70 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 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed .20 Telephone No.: (_) 29 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) i*A:u:lk9Imc3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] all 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, volunteers and those City agents serving as independent contractors in the role of City officials 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 31 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 11. Applicable underlying coverages: INSURANCE COMPANY POLICY PERIOD LIMITS OF FROM/TO LIABILITY 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 32 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: (_) or initialed signature accepted) 33 1*114:u:Ha4 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS 34 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.51 I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. 35 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.: 1074946 Class: A _g Date: 7/31/2023 _#_ M Expiration Date: 04/31/2025 Type text here *A:":lk 9; AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS 37 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 such provisions before commencing the performance of the Work of this Contract." Date 7/31/2023 Signature _t7_ 0:3 EXHIBIT G BID PROPOSAL AND BID SHEETS PR -1 BID PROPOSAL CITY OF SEAL BEACH TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 Bidder's Name Asad Holdings LLC DBA OrangeBlue General Contractors 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 Noncollusion Declaration; (2) -Bidder has carefully examined the Project Plans, Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Bids and all other Contract Documents and information furnished therefore and the Project site; 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 Contract Documents 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 the Contract Documents, for the following stated unit prices or lump sum price as submitted on the Bid herein. The undersigned Bidder submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes 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 is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder has attached 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 is attached. Accompanying this Bid is (Circle one "Cash", "a Cashier's Check", "a certified check", or " Bid Bo in the form furnished by the City", as the case may be) in the amount of $ 199550 an amoun 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 execute the Contract and provide the required evidence of insurance and bonds within fifteen (15) Working Days after delivery of the Contract Documents to the Bidder, the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. 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 Bids, the undersigned hereby agrees that, should it be awarded the Contract, 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 150 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned certifies to be properly licensed by the State as PR -1 a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number -474946 , class B , which expires on A�fil 20th 2028 Asad Holding DBA OrangeBlue General Contractors Bidder's Name: Signature: Signature: Notary Certificate Attached ra IN N Title: Nara1�,�k'bate I � Title: Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COI E § 1189 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 California County of H- ) On * oR 3 before me, TTe- t4c Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) 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. 4 PJ KEHOE 0mycomm. Notary Public - California Orange County Commission p 2410788 Expires Aug 12, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature _. " Signature of Nota Public g Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document p Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Gapacity(ies) Claimed by-Signer(s) Signer's Name: 1 Corporate Officer — Title(s): —1 Partner — L' Limited Ci General Individual f I Attorney in Fact C Trustee 11 Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: �. Corporate Officer — Title(s): Partner — 1 1 Limited [] General I i Individual i I Attorney in Fact Trustee f -1 Guardian or Cons<rvator Other: _ Signer Is Representing: NXIV 44-100 911_1V t(iY+VW( 02016 National Notary Association - www,NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 BID PROPOSAL CITY OF SEAL BEACH TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT PROJECT CIP NO. BG2105 BID SHEETS Bidder's Name: Asad Holdings LLC DBA OrangeBlue General Contractors To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid items: General Conditions Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Mobilization and Demobilization 135000 135000 1 (5% of Total Bid Maximum) LS 1 $ $ 2 I Ongoing Site Maintenance Locker Room Ruildinn gid ItPmc LS ' 1 I $ 69000 a. 69000 Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) 3 Demolition of Existing Locker LS 1 $154000 $154000 Room Building 4 Provide and Connect Temporary LS 1 $17000 $17000 Public Restrooms New Permanent Site Fencing at 5 NE Section of Demolished Locker LF 60 $ 9000 $ 9000 Room Building %7110 gillPFVVe[i1CCli DIU Mems Item Description Unit Quantity Unit Price Extended Price No. (in Figures) (in Figures) Remove & Reconstruct Concrete 6 Sidewalk Around Clubhouse SF 1,200 $ 32000 $ 32000 Sheet A-2.1) 7 Underground Conduit Run & Pull LS 1 $ 30000 $ 30000 Box From North Gate to a --TClubhouse (Sheets E1.2 & A-1.2) Selective Demolition for Clubhouse LS 1 $ 92000 $ 92000 Underground Trenching and Remodeling and Additions 8 Conduit for New Lighting Near LS 1 $ 53000 $ 53000 $ 92000 Court #9 - #12 Roof Access Ladder LS 1 $ 4000 $ 4000 Install New 20' Aluminum Light Rough Carpentry Wood Framing LS 1 $ 6000 9 Poles (w/ base), including EA 6 $ 6166.67 $ 37000 Electrical Furnishings, at Court #9 Interior Woodwork LS 1 $ 19000 $19000 &#10 Exterior Woodwork LS 1 $16000 $16000 Install New LED fixtures, Including Rehabilitation of Modified Bitumen SF 400 $ 35000 10 Mounting Brackets, to New Light EA 9 $ 2055.56 $ 18500 Poles at Court #9 & #10 Furnish and Install Provide New LED Light Fixtures, Thermal/Acoustic Insulation, Acoustical Ceilings, Acoustic LS 1 $ 62nnn 11 Including Mounting Brackets, to EA 27 $ 2296.30 $ 62000 Existing Light Poles at Courts #11 Furnish and Install Exterior Doors 20 and Frames EA 8 - #14 $ 25000 (Doors 01,02,07,08,12-15, A-2.2) EA Clubhouse Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) 12 Selective Demolition for Clubhouse LS 1 $ 92000 $ 92000 Remodeling and Additions 13 Concrete Work for Clubhouse LS 1 $ 92000 $ 92000 14 Roof Access Ladder LS 1 $ 4000 $ 4000 15 Rough Carpentry Wood Framing LS 1 $ 6000 $ 6000 for Roof Ladder 16 Interior Woodwork LS 1 $ 19000 $19000 17 Exterior Woodwork LS 1 $16000 $16000 18 Rehabilitation of Modified Bitumen SF 400 $ 35000 $ 35000 Membrane Roofing Furnish and Install 19 Thermal/Acoustic Insulation, Acoustical Ceilings, Acoustic LS 1 $ 62nnn $ 62nnn Sound Panels Furnish and Install Exterior Doors 20 and Frames EA 8 $ 25000 $ 25000 (Doors 01,02,07,08,12-15, A-2.2) EA 4 $10000 $10000 21 Furnish and Install Interior Doors and Frames (Doors 16-19, A-2.2) 22 Furnish and Install Sliding Glazed EA 3 $16000 $16000 Doors (Doors 09-11, A-2.2) PR -2 23 Furnish and Install Exterior French EA 4 $16000 $16000 Doors (Doors 03-06, A-2.2) 24 Interior Gypsum Board Assemblies LS 1 $ 4000 $ 4000 25 Furnish and Install Tile SF 1,800 $ 30 $ 54000 Flooring/Walls 26 Furnish and Install Vinyl Plank SF 2,050 $13.66 $ 28000 Flooring 27 Furnish and Install VCT Flooring SF 180 $ 44.44 $ 8000 28 Furnish and Install Sealed SF 160 $ 93.75 $15000 Concrete Flooring 29 Interior Painting LS 1 $ 8000 $ 8000 30 Exterior Painting LS 1 $ 3000 $ 3000 31 Furnish and Install Building LS 1 $4000 $4000 Signage 32 Furnish and Install Restroom and LS 1 $ 48000 $ 48000 Locker Room Accessories 33 Furnish and Install Fire Extinguishers with Enclosures EA 3 $ 7500 $ 7500 Sheet T-2, Spec. 10440) 34 Warming Kitchen LS 1 $10000 $10000 35 Mechanical LS 1 $ 24000 $ 24000 36 Electrical LS 1 $ 20000 $ 20000 37 Plumbing LS LS 1 1 $ 290000 $ 21000 $ 290000 $ 21000 38 Furnish and Install Aluminum Framed Windows (A-6.1, #01-06) TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 38) One Million Nine Hundred Fifty Six Thousand and Five Hundred Dollars$ 1,956,500 WORDS FIGURES PR -2 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Allowance Items: Item Description No. AI -1 Unforeseen Conditions Allowance TOTAL ALLOWANCE (ITEM NO. AIA) FORTY THOUSAND DOLLARS WORDS Additive Bid Alternate Items: Unit Quantity Unit Price Extended Price (in Figures) (in Figures) LS 1 $ 40,000 $ 4000 uminvuse auuuIny a UUUrL true a tto rauunwG o!u nVnw Item Description Unit Quantity No. $77000 New Below Grade Electrical AB.1 Conduit to Court #7 & #8, Includes LS 1 New Landscaping Over Trenching (Sheets A-1.1 &A-1.2) Install New Electrical Conduit & AB Concrete Trenching & Repair to LS 1 .2 Court #7 & #8 (Sheets A-1.1 & A- 1.2 Furnish & Install (9) EA New 20' AB.3 Aluminum Light Poles (w/ Base) EA 9 for Courts #7 & #8 (Sheets A-1.1 & A-1.2 Furnish & Install (12) EA New LED ABA Light Fixtures for Courts #7 & #8 EA 12 Sheets A-1.1 & A-1.2 TOTAL ADDITIVE BID ALTERNATE PRICE (ITEMS NO. AB.1 THROUGH ABA) One Hundred and Sixty One Thousand Dollars WORDS PR -2 $ 40,000 FIGURES $4000 $4000 Unit Price (in Figures) Extended Price (in Figures) $77000 $77000 $4000 $4000 $6166.67 $55000 $25000 $25000 $ 161,000 FIGURES Deductive Bid Alternate Items: Clubhouse Buildina Deductive Bid Items Item Description Unit Unit Price Quantity Extended Price No. (in Figures) (in Figures) New Bi -Folding Door & Frame in 2000 2000 DB.1 Lieu of "Sliding Glazed Doors" LS 1 $ $ Doors 09 — 11, Sheet A-2.2) New Fixed Aluminum Framed DB.2 Windows in Lieu of "Swing/French LS 1 $ 2000 $ 2000 Doors" Doors 03 — 06, Sheet A-2.2 Retain Structural Columns in DB.3 Clubhouse (Columns at Gridlines LS 1 $ 2000 $ 2000 04/13 & 06/13, Sheet A-2.1, SN -1D thru SD -4D TOTAL DEDUCTIVE BID ALTERNATE PRICE (ITEMS NO. DBA THROUGH DB.3) Six Thousand Dollars ,000 WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID TOTAL BID PRICE = BASE AMOUNT (ITEMS 1 THRU 38) PLUS ALLOWANCE (ITEM AIA) TOTAL ALLOWANCE PRICE IN DIGITS: $40,000 TOTAL BID PRICE IN DIGITS: $ 1,996,500 TOTAL BID PRICE IN WORDS: One Million Nine Hundred Ninety Six Thousand and Five Hundred dollars IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. PR -2 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.- 1074946 Class B (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Asad Holdings LLC DBA OrangeBlue General Contractors Business Address 27071 Cabot Rd, Suit 108 Business Tel. No. natur / Date Title Signature Date Title Signature Date 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 rP esident a�cn (ii) the Secretary or Assisnt 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. Notary Certificate Attached PR -2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COE E 6 1189 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 California ) County of ara� ) On .2o.2 3 before me, e—do e -- Date Here Insert Name and Title of the Officer personally appeared aAttlli�v Name(s) of Signer(s) 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. PJ KENOE Notary Public - California Orange County Commission p 2410788 gomy,Comm. Expires Aug 12, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum nt Title or Type of Document: Document Date: _ Signer(s) Other Than Named Above: Capacity(ies)-Claimed- by-Signer(s) Signer's Name: I i Corporate Officer — Title(s): r-! Partner — ^? Limited Cl General 1 Individual I 1 Attorney in Fact Trustee 1-1 Guardian or Conservator I Other: Signer Is Representing: __, Number of Pages: Signer's Name: I i Corporate Officer — Title(s): i- Partner — [ I Limited f-1 General I I Individual i I Attorney in Fact Trustee 1.1 Guardian or Cons rvator Other: _ Signer Is Representing: XS�!Uc4`�=4^44'["SFr`4V�,C.`��'L�[.;�.`�G'e.:t)�C.x%V ur,%i.'tX.v' i.'c:C.�:F7te(:c'S7�?e,'L'+�."���`e'-�+iC'�=lar=4`c=iSe(^e=�'[3e.".G`e=C7�'<.ti4�G•r_�.v 02016 National Notary Association • www.NationalNotary, org - 1 -800 -US NOTARY (1-800-876-6827) Item (#5907 ORANGEBLUE GENERAL CONTRACTORS July 20th, 2023 To: Mr. Benjamin Torres Construction Manager III Anser Advisory Re: Clarification on BG2105 Bid Item Discrepancies Mr. Torres, Thank you for conducting the pre -award meeting. This letter serves as clarification for the items that were brought forward, and confirmation of our position with respect to the bid. Base Bid Line -Item Discrepancies/Clarification: Item 5, 6, 18, 20, 21, 22, 23, 33: We confirm that the extended price for these line items is correct and stands. Due to clerical error during data entry, the same figure was entered as unit price number. This error does not affect the base bid price. For clarity, below is the unit price for the line items in question: Item Quantity Unit Price 5 60 $150 6 1200 $26.66 18 400 $87.50 20 8 $3,125 Item Quantity Unit Price 21 4 $2500 22 3 $5,333.33 23 4 $4000 33 3 $2500 Item 35 and 36: The costs of "Mechanical" and "Electrical" work were entered incorrectly. The correct entry should have been $247,000 and $200,000, respectively. This error was solely a data entry error; we used the correct figure while calculating the total project cost and, therefore, there is no change triggered in the base bid price because of this error. Item A1.1: We confirm that the extended price should have reflected the prefilled unit price and total allowance price of forty thousand, written in words. This was a data entry error and did not have any effect on the total allowance price. Item ABA and AB.2: We confirm that, while the aggregate price is correct, however, the allocation between the 2 -line items should be modified as $67,000 and $14,000, respectively. 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946 ORANGEBLUE GENERAL CONTRACTORS Item D131-3: The figure entered in this section reflects the net deduction to the corresponding line items. If the option is triggered: the cost for: 1. The extended price for Line Item 22 (with bifold option) will be $14,000. 2. The extended price for Line Item 23 will be lowered adjusted down to $14,000. 3. Line Item 12 will be reduced by $2,000, reflecting the total price of $90,000. We hereby confirm that the base bid price of One Million Nine Hundred Fifty -Six Thousand and Five Hundred Dollars stands. Please feel free to contact me directly if there are any questions or concerns. Arman Tehrani Q I y ssurance Manager Or ngeBlue General Contractors, LLC (949)317-4870 ArmanT@OrangeBlue.org 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946 A bLe2!gsul 'p'2 9 L62n11' OLSUa6 Blne e6UGLSl COUILSCIOL Monlq p6 9 UOU-L62boU21A6 p!gg6L' plgq!ua ou 1p12 bLoI.Gc' Itsxswbf bles2e bLonlge capticsflou coul1Lwlua exswbf!ou' Ms SLG Ledns2flua Wllleuulnw,2 2npCOUfL9CfOL I0 2pOM S CnLLGUl MOLI(6L2, Cowb6ues{IOU CGLjl}IC916 122n6q bLIOL !O b6L !-SpoL Cogs 26cf!ou 3100' 911 p!gg6L2 wn2f psA6 9U 9CIIA6 MOL!(6L,2 Cowb6U2sf!ou CGLf!tlC9f8\IU2nLSUC6' suq SLG AGLA q tticnlf {o nugsL2puq' X1'000'000'00 suq oulA d bLolsc{eq cowbleleq on6L X300'000'00' bI6526 U0�6 sll ape b6LCGUlsa62 MGL6 ML[ffGU OAGL Iu {ps B!ggaL 2 JGCpulCSl ypll!fX suq ExbeLleucs LjGtRGUce2 2ecfloU' IlJSL6 !2 uo lop II2fsq UGSL OL onsL fps SwonUf ok 12 Asane' nugsL fps De2!ausf!ou 0t 2npCOUfLSCfOL2 2GCflou' 1p6 fXbe of MoLK I!2fsq pA Wlpeuulnw 2npCOUfLSCfOL 12 Uo{ 9 jLsge suq BOW U66q 9 2b6C[SjfA IIC6U26 suq C9uuol p6 gOU6 pA 9 COU(L9CfOL polq!ua 9 I!cGu26 B oulk C -fig b!LG bLOfGC{lou 2npcoUfLSCfOL suq\OL C-50 WecpSUICSI\HAVC 2npCOUfLSCfOL ll2fGq' 1i Debeugspl6 COU21' luc' 12 bL0!:62f!uO loM plgq6L OL9Ua6 BIn6 e6UGL91 COUfL9CfOL2 gn6l0 (p6 {OIIOMIUd; jo MIJOw If w9A COUCOLU. Blq DSP; 00\55\5053 sf d0:00 sw Ids: bLo16Cf Clb AO' 13e5102-16uu!z suq b!CK16PSII CGUf6L IwbLon6w6uf bLo16Cf 26si BGScp' Cb' 80110 54 d 8ru efLssf' CO 0t 26S1 B69CIJ Jnue 5�' 5053 CJ A/1. 6H: aOa-®B®-aeon 66JX 230a-aB7-Baaa ORANGEBLUE GENERAL CONTRACTORS July 20th, 2023 To: Mr. Benjamin Torres Construction Manager III Anser Advisory Re: Clarification on BG2105 Bid Item Discrepancies Mr. Torres, Thank you for conducting the pre -award meeting. This letter serves as clarification for the items that were brought forward, and confirmation of our position with respect to the bid. Base Bid Line -Item Discrepancies/Clarification: Item 5, 6, 18, 20, 21, 22, 23, 33: We confirm that the extended price for these line items is correct and stands. Due to clerical error during data entry, the same figure was entered as unit price number. This error does not affect the base bid price. For clarity, below is the unit price for the line items in question: Item Quantity Unit Price 5 60 $150 6 1200 $26.66 18 400 $87.50 20 8 $3,125 Item Quantity Unit Price 21 4 $2500 22 3 $5,333.33 23 4 $4000 33 3 $2500 Item 35 and 36: The costs of "Mechanical" and "Electrical" work were entered incorrectly. The correct entry should have been $247,000 and $200,000, respectively. This error was solely a data entry error; we used the correct figure while calculating the total project cost and, therefore, there is no change triggered in the base bid price because of this error. Item A1.1: We confirm that the extended price should have reflected the prefilled unit price and total allowance price of forty thousand, written in words. This was a data entry error and did not have any effect on the total allowance price. Item ABA and AB.2: We confirm that, while the aggregate price is correct, however, the allocation between the 2 -line items should be modified as $67,000 and $14,000, respectively. 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946 ORANGEBLUE GENERAL CONTRACTORS Item D131-3: The figure entered in this section reflects the net deduction to the corresponding line items. If the option is triggered: the cost for: 1. The extended price for Line Item 22 (with bifold option) will be $14,000. 2. The extended price for Line Item 23 will be lowered adjusted down to $14,000. 3. Line Item 12 will be reduced by $2,000, reflecting the total price of $90,000. We hereby confirm that the base bid price of One Million Nine Hundred Fifty -Six Thousand and Five Hundred Dollars stands. Please feel free to contact me directly if there are any questions or concerns. Arman Tehrani Q I y ssurance Manager Or ngeBlue General Contractors, LLC (949)317-4870 ArmanT@OrangeBlue.org 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org info@orangeblue.org 949-317-5700 Lic#1074946 ORANGEBLUE GENERAL CONTRACTORS July 24th, 2023 To: City of Seal Beach Public Works 211 8th St, Seal Beach, CA 90740 Re: CIP No. BG2105- Bid Protest To whom it may concern, We are in receipt of the bid protest letter sent by R DEPENDABLE CONSTRUCTION INC, dated June 27th, 2023, regarding the aforementioned project, and hereby respond as follows: Subcontractor designation form "listing and vagueness": We did not identify any work within the project scope that required the listing of a C -16 contractor. The C20 HVAC contractor was procured through Millenium. The C20 contractor is Air Plus HVAC, License # 954505 and DIR#1000034877. The allocated % of work for demolition is approximately 10%, General Building and HVAC work is around 45%, and plumbing and electrical work each is around 10% of the total contract. While we acknowledge that the subcontractor designation form contains clerical errors/omissions, these errors are immaterial in nature and do not impact the bid submitted or the bids of the other participants. Bidder's Technical Ability and Experience: The onus of determination and qualification of the contractor remains with the project owner, their representatives, and the bonding company and therefore does not warrant a response from us. Insurance and legal compliance: As a prime contractor, we confirm that we carry worker's compensation insurance and comply with all insurance requirements as stated in the project documents. We trust that you will find this response satisfactory. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Respectfully, Quality Assurance Manager 944-317-5700 Ext. 102 Armant@orangeblue.org SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7438: 1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not -to -exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement. BACKGROUND AND ANALYSIS: Sidewalks develop unevenness over time due to pavement expansion and contraction, underlying soil conditions, trees, landscaping, and other deterioration reasons. The City routinely conducts inspection and maintenance of these public sidewalks, note deficiencies, and systematically make repairs. On January 1, 2019, and again on February 15, 2023, the California Joint Powers Insurance Authority ("CJPIA") entered into a Master Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting to provide CJPIA members access to professional sidewalk inspection and maintenance services. This agreement has an established set of services and related costs to ultimately facilitate trip hazard removals. The City is a CJPIA member. City of Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from the City's competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications. Agenda Item K On August 15, 2022, City entered into a Professional Maintenance Services Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting ("Precision") leveraging CJPIA's Master Service Agreement to pilot a sidewalk assessment and trip hazard removal program. On December 12, 2022, City Council adopted Resolution 7350 approving Amendment No. 1 for additional services. The work completed by Precision thus far, referred to as Phase 1, has generated a detailed inspection database of the surveyed area and addressed critical trip hazard locations. With the successful Phase 1 completion, staff solicited a cost proposal for Phase 2. Precision provided a cost proposal in the amount of $125,000 to address the remaining locations where trip hazard removal can be achieved using horizontal saw cutting, as identified in the inspection database. This next phase will address additional locations to further reduce the City's potential liabilities. Phase 2 does not include those locations requiring full sidewalk panel removal and repair. Staff recommends proceeding with Phase 2 as it has been established that Precision's concrete cutting process provides quicker and cleaner results compared to conventional concrete grinding techniques. 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 Maintenance Services Agreement amendment with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting will not have a significant effect on the environment. Sidewalk repair complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) as the work involves maintenance and repair of existing facilities with negligible or no expansion of use. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: Funding for this service will be expensed from the FY 2023-2024 Public Works CIP O -ST -4 and ST2401 accounts. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 2 RECOMMENDATION: That the City Council adopt Resolution 7438: 1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not -to -exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement. SUBMITTED BY: Iris .Gee Iris Lee, Director of Public Works NOTED AND APPROVED: Jif(X. Ingram Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7438 B. Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting Page 3 RESOLUTION 7438 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL MAINTENANCE SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA PRECISIONS, INC. DBA PRECISION CONCRETE CUTTING FOR SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL SERVICES WHEREAS, the City invests in maintaining the public sidewalks; and, WHEREAS, on January 1, 2019 and February 15, 2023, the California Joint Powers Insurance Authority ("CJPIA") has entered into a Master Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting ("Precision") to establish services and costs for CJPIA members to provide sidewalk assessment and trip hazard removal services ("Services"); and, WHEREAS, the City is a CJPIA member; and, WHEREAS, on August 15, 2022, the City entered into a Professional Maintenance Services Agreement, and as later amended on December 12, 2022, for Phase 1 of the pilot for sidewalk assessment and trip hazard removal program; and, WHEREAS, Precision has successfully completed Phase 1, which generated a detailed inspection database and addressed critical trip hazard locations; and, WHEREAS, the City desires to engage Precision to proceed with Phase 2 to address the remaining locations where trip hazard removal can be achieved using horizontal saw cutting, as identified in the inspection database; and, WHEREAS, Precision provided a cost proposal to complete Phase 2 in a not -to - exceed amount of $125,000. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby awards a Professional Maintenance Services Agreement ("Agreement") to Southern California Precisions, Inc dba Precision Concrete Cutting in a not -to -exceed amount of $125,000 to provide Sidewalk Assessment and Trip Hazard Removal Services. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members r_1 1.3ar_110�S ewlMI►VAra1ow F Thomas Moore, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } 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 7438 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023. Gloria D. Harper, City Clerk PROFESSIONAL MAINTENANCE SERVICES AGREEMENT for Sidewalk Assessment and Trip Hazard Removal Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Southern California Precision Concrete, Inc. dba Precision Concrete Cutting 13089 Peyton Drive, #C235 Chino Hills, CA 91709 (909) 539-7740 This Professional Services Agreement ("the Agreement") is made as of August 14, 2023 (the "Effective Date"), by and between Southern California Precision Concrete, Inc. dba Precision Concrete Cutting ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 21 RECITALS A. City desires to retain a contractor to perform certain sidewalk maintenance services including sidewalk assessment and trip hazard removal. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code §3.20.025(D), City solicited proposals for such services through The California Joint Powers Insurance Authority ("CJPIA") Master Services Agreement, dated February 15, 2023, attached here to as Exhibit A. C. Pursuant to CJPIA Master Services Agreement, dated February 15, 2023, Contractor submitted a proposal to the City for sidewalk assessment and trip hazard removal services, dated July 13, 2023, in the amount of $125,000 ("Accepted Proposal"), attached hereto as Exhibit B and incorporated herein by reference. The Accepted Proposal contains, among other things, provisions defining the scope of services. D. City desires to engage Contractor as an independent contractor to provide certain sidewalk assessment and trip hazard removal services and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. E. Contractor represents that the principal members of its firm are qualified professional California licensed contractors (Contractor License 9925449, DIR 1000003322) and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. F. Contractor desires to perform such services in a good and professional manner; 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. Strictly on a preventative and extraordinary maintenance and repair services basis, Contractor shall provide those sidewalk assessment and trip hazard removal services (collectively "Services") set forth in the Contractor's Proposal ("Accepted Proposal," Exhibit B) in accordance with the Master Service Agreement (Exhibit A) and Labor Code requirements (Exhibit C), attached hereto and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control. 2 of 21 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such additional work to fund unforeseen conditions up to the amount approved at the time of award by the City Council as specified in Subsection 3.2. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date, and shall remain in full force and effect until midnight on June 30, 2024 ("Term"), unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the rates shown on the Master Services Agreement 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 $125,000 (One Hundred Twenty -Five Thousand dollars) for the Term. 3.2. Payment for any additional work authorized by the City pursuant to Subsection 1.5 will be compensated in accordance with the CJIPA Master Services Agreement set forth in Exhibit A and shall not exceed the amount approved at the time of award by the City Council.. 3of21 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under this Section, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under this Section. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no 4 of 21 other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Ron Durna is the Contractor's primary representative for purposes of this Agreement. Ron Durna shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Southern California Precision Concrete Inc. dba Precision Concrete Cutting 13089 Peyton Drive, #C235 Chino Hills, CA 91709 Attn: Ron Durna 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 5of21 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not 6of21 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. In addition to all other provisions of this Agreement, Contractor shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. In addition to all other provisions of this Agreement, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty is in addition to 7of21 Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, reports, notes, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, information or other Work Product (as defined in Subsection 12.1) developed or prepared by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, directors, 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 Services performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Work Product 12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, "Work Product") shall be considered "works made for hire," for the 8of21 benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product 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 upon payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent, provided that Contractor will not be held liable for any use, reuse or modification of the City -owned Work Product for purposes outside this Agreement. Consultant. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and those City 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 Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City 9of21 with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or interests 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 without City's consent 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 Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts, Work Product, and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 10 of 21 outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Familiarity with Work By executing this Agreement, Contractor represents that it has: (a) thoroughly investigated and considered the Scope of Services to be performed; (b) carefully considered how the Services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. 18.0 Insurance 18.1. General Requirements. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 18.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 18.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 18.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 11 of 21 18.2.3. Workers' Compensation and Employer's Liability coverages: Workers' Compensation Insurance in the amount required by law; and Employer's Liability: Contractor shall maintain limits no less than $1,000,000 per accident and in the aggregate for bodily injury or disease; 18.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Contractor shall maintain limits of no less than $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. 18.3. 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. 18.4. Additional Insured. 18.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work. 18.4.2. 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 Contractor or for which Contractor is responsible. 18.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 18.5. Cancellations or Modifications to Coverages. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 18.6. Primary and Non-Contributinq. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, 12 of 21 employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by 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 excess of Contractor's insurance and shall not be called upon to contribute with it; 18.7. 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. 18.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 18.9. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives its own right of recovery and all rights of subrogation against City. 18.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 18.11. Evidence of Insurance. Prior to the performance of any Services under this Agreement, Contractor shall furnish City with original certificates of insurance and endorsements evidencing and effecting the coverages required by this Agreement on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person 13 of 21 authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 18.12. Enforcement of Contract Provisions (Non -Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 18.13. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under any provision of this Agreement. 18.14. Broader Coverage/Higher Limits. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 18.15. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.16. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 19.0 Indemnification, Hold Harmless, and Duty to Defend 19.1. Contractor's Duties. 19.1.1. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Agreement), from and against any and all damages, costs, 14 of 21 expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, to persons or property, including bodily injury and death, personal injury, and property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate any breach of this Agreement and/or to the acts or omissions of Contractor, its owners, officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, consultants, or contractors, or their owners, officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 19.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 19.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 19.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractors, their officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractors 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. 19.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, 15 of 21 employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 19.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section 19.0 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees. 19.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 19.0 shall survive the expiration or termination of this Agreement. 20.0 Non -Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by federal, state or local laws, including but not limited to, in all activities relating to initial employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff, or termination. Contractor further warrants that in providing the Services, Contractor shall not discriminate, harass or retaliate against any customer, patron, client, or other member of the public because of their race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or upon any other basis prohibited by federal, state or local laws. 21.0 Workers' Compensation Certification Labor Code Sections 1860 and 3700 provide that every employer is required to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code. In accordance with those statutes, by signing this Agreement, Contractor certifies as follows: I am 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 I will comply with 16 of 21 such provisions before commencing the performance of the Work of this Contract." 22.0 Prevailing Wage and Payroll Records This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 23.0 Non -Exclusive Agreement Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 24.0 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. 25.0 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. 26.0 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. 27.0 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 as a result of this Agreement. 17 of 21 28.0 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. 29.0 Prohibited Interests; Conflict of Interest 29.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 29.2. 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. 29.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 18 of 21 30.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 31.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 32.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Contractor with all pertinent documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 33.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 19 of 21 34.0 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. 35.0 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 in addition to any other relief to which the party may be entitled. 36.0 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. 37.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 38.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 20 of 21 H!CN0192 H• (3N!Ls11!' C!1A VJJOLUGA BA: 7m-k ybbLonsq 9210 LOLW: eIOL!9 D' H9LbsL' C!1A CIsLK TM V4921: 1!11 is, 1uaLSW' C!1A 1N9U9a6L .93 CUA OE 2E` F BEVCH 34 0134 COh11SvC11Ne b`dI61A 16EanIISED bISOOE OE vniHO1611A 10 BMD t�sg2nLsLot2ncp colbolst�ou) cpls4 kzu9ug% O�MCSL OL SUN 922%2tsut 2scLskS& Sul\ 922%Asut ameaks& tps OL suX n%.cs bLs2qsu1' guq t) 1µs CpsALbsL2ou 0Z 1µ9 pomq tps bLs2�gsut sscp ok tps topom�ua cstsaoL*s2: l!) tps t�ou2 CoLboLsCogs 2sct�ou 2A3 �,Ow pvL cmboLggou2 bmsnsut to Cs\�ZOLuls lblssn uots' tnno 2iaustmes ,9dniLGq 112= 2ECtSEIVHA 1�9ws: WE2H11V12 Kt> Df115V1`d BA: 112: b.Ls2!gsul i49UJs: kSOmvrD Df11SW BA: COLbOL9110U 4 bLOC121OU COUCLs1s' 1UC" 9 C91110LUI9 COVIHVC10ES: 2onfpGLu C91!1OLU!s 9pOAs ML111sU- LebLG2GU1911AG2 1J9AG Gxecn16q 11412 vaLreweu1 92 01 1u6 g91s 9Uq As9L 11L21 114 MI-LOE82 MHEESEOE' 1Ns bs4!G2 usLs10' 11JLonap 1u91L Ls2bsC1!As snjpOussq EXHIBIT A California Joint Powers Insurance Authority Master Services Agreement with Precision Concrete Cutting Dated February 15, 2023 I' GOVIKVGIOK ?pup LGCOLq locupou oLquluuRcq 2ccpou2 iu U eb2 gcnicc- c) DctcLIoLutcq �oiut2 tput puns su GLogcq couq!t!ou uuq uLc 1\5 iucp mlgc OL RLcutcL p) 2bu11 enLtucc2' polc2 iu 2nLtucc2' uuq uucp upone I iucp migc oL RLcutu u) DI�cLcut�ul q�zbluceuJcut pctmseu z�gcmulK zcct�ouz 3\8 iucp oL �.cutcL uLibbiuR pusuLg2• Zpc2c pusuxg2 ?pull iucingc' pnt not pc IIuJltcq to: T COVIKVCIOK 2puII MG cnLLcut VDV 2tuuquLg2 uuq VIcuJpcL 2tuuq9Lg2 iu gctcLwiuiuR 5' GOvjKYCLOK ?pup !u2bcct bnplic LlRpt-o}-mu2,2 gceiUuleq ou 1pe wubz- 1' YgEYQBEK zpu11 bLOnigc Iuub2 o{zbcciEcq nGu2 to COVIKVCIOK' 2sm Ic 2GLAICez suq Kcz ou2lplllllc2 2122'00 IBD ?1'000 .LBD ? 1.131) 21gcmJ11C Vq!IC Cort bSL Y\IIIC2 loful 21gemslK bCL DuA Eztirllutsq Coli AUJJ DuA2 EztluJuteq d22622UJCut CO2T 10ful EztruJste ?IgGmulK yz2cz2uJcul );cc 2cpcgnlc tpc Lcdne2t 1)1 YIEYIBEK m?tp tpc uRLcclucut o1 potp buLticz- suq LCCouJuJCugGq ucpou to pc prcu Ip6 toauut suq IUt0LLUUTJOU LcdnlLGq UJuA pc cpuuRcq at Ipc iu2bccfI0U LGb042 2puII iucingc ipe igcugiLjcut?ou' Iocut?ou' uuq gc2cLibtiou ofcucp bLoplcul sbbLonegpa tpe YgEY\IBEK (obtrousl cnLp2 suq Rnuu? csu pe rucingeq ru tps 2cobe otmoLK)- COLLLKS'CIOK mill Iuzbcct zlgcroslKz suq bLoelgc s mLlitcU Iu2bccil0U Lcb04 ru tpc toLUJst 2IDEMVIF'K F722E22bdFVI 2EKMCFR 2cLnicc Obpou I uuq LcdnGRg0'L uua moLK of COVIKVC.OK' quauRcq pctmecu COLLLKVCLOK suq AEYQBEK' YIEYQBEY2 uLS Le2bou2lple JoL IurtlutlUR UJcuJpcxz OU 92 sz-Uccgcq puzrz' tpc cxuct tcuin uuq cougltlouz oprlcp nuicc2 sic to pc tpz sRLccwcut• Ipc COI/jb-S rC.LOK,2 zbcclFc 2cuicc2 uLc gcEucq pclom' suq sLc seulluplc tc j nLlpcL' tp?z VeKEEYgFVI CLcutc2 UO oplrRuuoU OL cxbcctugou tput uu1, motr m111 Lc2nit tjL0UJ bL0tcz2r0Uul zrgcmullc lu2becgou uuq ururuteuuucc 2cLLIcc2- suq Leluteq cortz iu OLgsL t0 9110m CugIoLurs 1blY LUeulpsLz (<<Y\IEYIBEK,,) sccszz to ,Lp12 VeKEEYQEZI 12 CLcstcq {oL tpc zolc bfnbozc o{ c2tsppzpluR sU sRLccq-nbou zct oI; 2CLAicc2 Iu2nLuucc yntpoEf)\ («Yf1 LHOKI Lh»)' uugpcUnccu bLec]2iou GoucLGTG CnKiUR (<<COV LKVCLOK») suq ,I,pe C9J!toLuIu 101ut bomCL2 ,Iprz YurtsL 2GLnrce2 VRLseureUt (yCKEEYQELI,L) Iusge s2 of tp?z gste' )spLnua' 12' 5053' px laV?IEK 2EKAICE YCKEEU4EV L 5. Data entered. into the GPS device shall be provided in writing to the MEMBER. 6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to: a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident e. Pictures of damaged areas £ Priority for repair; high, medium, low g. Recommended action to be taken. 7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion. Service Option 2 SIDEWALK TRIP HAZARD REMOVAL Hazard Class Small 3/8" to 1/2" Medium >1/2" to 1" Large >1" Lineal Foot per Location Square Foot per Location Price per Hazard $31.00 $62.00 $125.00 5 lin. feet 25 sq. ft. CONTRACTOR shall be paid a fee for specialized trip -hazard repair service on lifted sidewalk with a difference in vertical elevation above %4" to 2 1/z". The fee paid to CONTRACTOR for trip -hazard removal shall be charged on a cost per hazard category per 5 lineal feet location. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class as follows: Example: A less severe hazard (3/8" to 1/2" high) that is 7 lineal feet long shall be charged 2 locations (7 lineal feet 5 feet + 2 feet) $31 x 2 locations $62.00 Sample Services and Responsibilities 1. CONTRACTOR shall repair sidewalk trip hazards above 1/4" and up to 2 1/z" in designated work areas as determined by the MEMBER. 2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs. 3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR's equipment does cause damage to above, the MEMBER must be notified immediately and damages must be repaired at the CONTRACTOR's expense within 24 hours of the time the damage occurred. 4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately. 5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s). 6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact. 7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes: a. The specific hazard height both high side and low side measurement in 8ths of an inch b. The actual length of the repair to the nearest 1/2 foot c. The total width of actual repair to the nearest % foot d. The square feet of the effective panel from joint to nearest joint or score line e. The calculated unit for measurement shall be the square foot of the effected panel f The physical location (address) of each repair g. Pictures of each repair as requested h. Itemized cost of each repaired trip hazard 8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw -cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal. The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet. 9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery. 10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co -efficient of friction of at least 0.6. 1.1. Method of trip -hazard removal shall entail precise saw -cutting performed with hand-held, electric -powered equipment, using a machined hub and flush -mounted, diamond -tipped blades. Must be capable of cutting at any angle and perform trip -hazard removal in hard - to -reach areas, around obstacles, on narrow walkways, and next to fences and. retaining walls or buildings. 12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times. Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use. .13. CONTRACTOR shall take precautions during saw -cutting operations not to disfigure, scar, or impair the health of any tree on public or private property. Service Option 3 SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL Hazard. Class Small 3/8" to 1/2" Medium >1/2" to 1" Large >11,per Lineal Foot Location Square Foot per Location Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft. See sample services and responsibilities under respective sections in Service Option 1 and Service Option 2, Service Option 4 FIVE-YEAR MAINTENANCE PROGRAM Hazard Class Small 3/8" to 1/2" Medium Large >1/2" to 1" >1" Lineal Foot Square Foot per Location per Location Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft. Sample Sidewalk Survey Services and Responsibilities CONTRACTOR shall perform annual, semi-annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR. 2. CONTRACTOR shall specify problems and recommend action to be taken. 3. CONTRACTOR shall prioritize the areas and problems to be resolved. 4. CONTRACTOR shall identify repairs to be accomplished by saw cutting. 5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1" wide or greater. 6. CONTRACTOR shall recommend areas to be demolished and replaced. 7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to: a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident e. Pictures of damaged areas f. Priority for repair; high, medium, low g. Recommended action to be taken. h. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion. Sample Sidewalk Trip Hazard Removal Services and Responsibilities 1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER. 2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from above 1/4 inch up to 2 1/2 inches in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR. 3. The MEMBER shall set a fixed budget "not to exceed" per month, per quarter, or per year. 4. CONTRACTOR shall provide in-depth report, audit -able for maintenance and risk. management Sample Remove/Replacement Survey Reporting Services and Responsibilities 1. CONTRACTOR shall survey and report all areas not recommended for saw cutting. 2. CONTRACTOR shall identify remove and replacement locations to maximize the repair of locations that truly need to be replaced. 3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the effected panels to be replaced. 4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement. 5. CONTRACTOR shall provide monthly an in-depth report, audit -able for maintenance and risk management. Bonding Requirements Direct cost associated with any specific bonding requirements beyond the required Contractors License Bond including the cost of Performance Bond, Payment Bond, or any other additional bonding requirements are not included in the fee schedule listed above and will be added to the cost of the project. CPI Escalation The fees charged by Precision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased annually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase. Authorization CONTRACTOR shall inspect andreport only those sidewalk conditions andtriphazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope ofwork have been identified. CONTRACTOR shall not be responsible for conditions outside the control of CONTRACTOR that have changed after completion of the inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation andrepair work as specified in the performance ofthis AGREEMENT, and based on locations either identified through their inspection process or identified separately fromthe CONTRACTOR'S inspection process. CONTRACTOR shall be responsible for removal of all trip hazards that have been identified and authorized through the performance ofthis AGREEMENT. CONTRACTOR shall not be responsible for trip hazards that arise after completion of the remediation and repair work as specified in the performance ofthis AGREEMENT due to conditions outside the control of the CONTRACTOR, such as tree roots, water, settling, and other causes. FOR AUTHORITY: Jonathan Shull NAME Chief Executive Officer February 7, 2023 DATE FOR CONTRACTOR: Gary Beneduci NAME General Manager TITLE qa a� SIGNATURE February 7, 2023 DATE EXHIBIT B Accepted Proposal (Contractor's Proposal dated July 13, 2023) N m a 5 N cr m 0 O 5 cc m cr a Q E? O rrCV) 1 m x CA L L m x Q m m H 1 m n n W 0 V 4 O \D0 - \ 0 \(Ekof $k3= $g $' 0 0 (1)\ S.E -0 �\5 0 G] - t _ \ 1 ( @ - _ /\ (\ 0 \ ) m a § / _ cm 7 0 \ - /) o 0 ° u § _- §) / k ` 5 / \0 \ /$ ! ))�k — 2 7 g W I § e _ \_ $ 0, fr`_t — _ � \\ 0 « _ _ \ Q ~ol o \ - \ \ 00 2 / - \ 5 j F y000 G 0.00 . �I 7 \ $ § \ . � � \cu ® — 7 °k COk a 2 ! _0 \ 0 )%ro \ \ » ) / « 2 a \\\ Q ] cu \ > E E _ »\ & _ CQo/ 07 73 .. -E \ / /G k co /� oc ._� 2 \ ® \ \ \ | D cu | . ! Ir cc Q cc N=; wN -a :E W a0 :E -4: m av m; �E✓ w'E -o c mco�L o S w S � S m O a E S m o S a a a m m N F N F m F Q^ m F N F F m F 6 O p Q w t m m wa Da -CE C) m iaQ ma a a C Q R1 Q Q- D- Q (� m o 0,0 O w s 0 p t0 O 0 of O m0 EO a0 Nas EO o m0 O `� F -- Q a C a p a? VN w a N Y a a p a w pl t no CJ o O N Q N 'O N= p_ w N C N N Y N w L C L C L L m L `y C E L CJ L L w L O w O '. O m w N w a w w O .6 m O w P w w C w ti -C C Q p 0 E0 E C p N E m E w m o7 w m m m z N a Y s 'Oc t w C _O O O a m O m r m w n o w a s o E n 4 m E w p a N m m o-Nc L w L E 0 9 m m p m m o o c 0 0 w E 0 3 D c as o .F s 0 F w p w w ro w w WO m Q.N m a -C>'- w 0 0 a c 9 N m N m amE w O N D m ci m Q N N> N E O w Nim n O a m N N C F 7 m w p> N C m H w w d .3 O O s o Q x m m o N c n o m y m a c o w C o -t =00 L-wo SO o0 m 5� r m mcO� a o m.�w m0 f. ¢ m o m mn N a 0 o ¢nd m¢ .Nn ?'S n=�o m �S m `? pct 3F Q m� Sa EQ p' Q F Q a t z z a a m= a o a m a E N a N m L Q m L Ci « N S ywj O O C NO N m c C N Q O O -O O w w O rc NO N n O i4 m - E m75 u 4 w n m "n> : m o O E m a w L O O C O > 4 O N m O Q = fOq E O pl p N t C N O m p m t0 C > ,c o m a 0 3 E o m o £ s n o w m a m m m 'o a= 4 L Q Y O O LT O m C :5 N 3 C m N m 2 m Tr K m n N 5 n O S Q m H m v_ Fr rr m cc m 5 n m p N T T ca ^�r^ n �S �7C: ca � N O a 0o �a o o o E y cy- r ca O CQ W m N N :2 N y O m � �o caCQ CDQ) N ;--, c O Q) n O N � N 'E O CP � U- N N y o OD T E a) C,Q_ 0 O N CQ O mN — y N O F =2 O E O O O y Ir Q m 0 N O S n O 5 n Q m F- m 0 M F- cc m a N Ir Q m 0 N O S n O 5 n Q m F- m 0 M F- cc m a N EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: " I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. SIFA AGENDA STAFF REPORT ''�gCr�oRNP.= DATE: August 14, 2023 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Alexa Smittle, Community Development Director SUBJECT: Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements SUMMARY OF REQUEST: That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. BACKGROUND AND ANALYSIS: On October 24, 2022, the City Council adopted Ordinance No. 1699 (Zone Text Amendment 22-02), amending the standards applicable to ADUs and JADUs in accordance with the requirements of the California Planning and Zoning Law. In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1699 to the California Department of Housing and Community Development (HCD) for review and comment; and on February 16, 2023, HCD provided comments on Ordinance No. 1699 with recommendations for modifications to the Ordinance, primarily being the incorporation of Assembly Bill (AB) 2221 and Senate Bill (SB) 897, both of which went into effect on January 1, 2023. AB 2221 and SB 897 revise state law requirements related to the development of ADUs and JADUs set forth in Government Code Sections 65852.2, 65852.22, and 65852.23. The following is a discussion on each of the standards related to these Agenda Item L changes that will require an amendment to Seal Beach Municipal Code (SBMC) Section 11.4.05.115 (Accessory Dwelling Units): Height Height standards for ADUs must now meet these minimum requirements: A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. • A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling. • A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. The local agency is not required to allow an accessory dwelling unit to exceed two stories. The Ordinance amends the height standards of the Municipal Code to meet the standards listed above. Additionally, the Ordinance includes two definitions to be added to the definitions section of the zone text including: "major transit stop" and "high quality transit corridor." Those terms will be defined as provided in Section 21155 of the Public Resources Code, so if either definition changes there, the Municipal Code will remain up to date. The current definitions are: "Major Transit Stop" means a site containing any of the following: a. An existing rail or bus rapid transit station. b. A ferry terminal served by either a bus or rail transit service. c. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. "High Quality Transit Corridor" means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Staff has checked Southern California Association of Governments (SCAG) maps and has verified that there is not a Major Transit Stop or High -Quality Transit Corridor within Seal Beach. However, for purposes of remaining compliant with State Law, it is recommended that the zone text be amended to include these definitions and standards. Page 2 Front Yard Setbacks Under previous law, a local agency may not establish limits on lot coverage, floor area ratio, open space, and minimum lot size that do not permit the construction of at least an 800 square foot ADU, that is 16 feet in height, with four -foot side and rear yard setbacks if constructed in compliance with all other local development standards. This is what is referred to in Section 11.4.05.115 as a Statewide Exemption ADU. The Legislature has now amended these standards to explicitly state that a local agency may not establish limits on front setbacks that would prevent a Statewide Exemption ADU. Additionally, the reference to the 16 -foot height requirement has been removed such that the statute now provides that a local agency may not apply various size restrictions and the other specified development standards that do not permit the construction of at least an 800 square foot ADU with four -foot side and rear yard setbacks (without reference to height). In proposing amendments to the zone text as it relates to front yard setbacks, special consideration has been taken in drafting the ADU standards for the Bridgeport neighborhood, which was developed with a unique urban design to fit residences into smaller lots (approximately 3,000 square feet), with reduced setbacks including 2 -foot rear yard setbacks and a zero -lot line on one interior side. The Bridgeport area is within the RLD-15 zone, and the RLD-15 zoning provisions have always incorporated development standards that maintain and facilitate the design features of that unique area. As a development standard, in order to maintain a more small scale neighborhood feel with these reduced setbacks, the Zoning Code includes a required second floor step -back that comes in the form of an increased second floor front yard setback that ranges from 20 to 50 feet (depending on tract and lot number) as compared to the first floor front yard setback that ranges from 6 to 12 feet (depending on tract and lot number). In order to ensure that the second -floor step -backs are maintained to the best extent possible when an ADU is proposed on the second floor, the Ordinance requires that within the RLD-15 zone, the ADU shall be placed above the rear portion of the primary structure to maintain an equivalent and consistent development pattern within the Bridgeport neighborhood. If a two-story Bridgeport home proposes an ADU, then the same provisions described earlier apply where the ADU can be placed within the front setback as no alternative space exists. Interior Access Between Units The law requires that ADUs and JADUs have a separate exterior entrance from the primary residence. It is left to the discretion of the local agencies as to whether or not interior access between the primary residence and an ADU would be allowed or prohibited. Staff's recommendation to the Planning Commission was to prohibit interior entrances between the primary unit and ADU in order to clearly maintain the primary unit and ADU as separate units, as is the intent of the law. While this remains staff's recommendation, the Planning Commission recommended to eliminate the prohibition of interior access and make it optional for applicants. The draft Ordinance presented reflects the Planning Commission's recommendation. State law does require JADUs without a dedicated bathroom Page 3 have both a separate exterior entrance and an interior entry to the main living area to access the shared bathroom. Prohibition on Denying Permits for Unpermitted ADUs Constructed before January 1, 2018 Local agencies are now prohibited from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, due to the fact that the unit is in violation of building standards or state and local ADU standards, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This provision does not apply to buildings deemed substandard pursuant to 17820.3 of the Health and Safety Code. Owner Occupancy Requirements Previous law prohibited local agencies from imposing owner -occupancy requirements on ADUs. Pursuant to SB 897, a local agency may require owner - occupancy of either a primary dwelling or an ADU on a single-family lot after January 1, 2025. Staff proposes to include this provision in the Zone Text. Proposed Text Amendments The following table provides a line -by-line review of the proposed changes in sequential order in the left column with reference to one of the discussed sections above in the right column. Text proposed to be added to the ordinance will be bold and underlined, text proposed for removal will have a strikethro inh A full copy of the Ordinance will also be included as part this hearing package for review. Proposed Amended Standards Related Discussion Section Sec. 11.4.05.115 (B) Definitions. Height 5) "WO Quality Transit Corridor" means a "hi_gh-quality transit corridor" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 7) "Major Transit Stop" means a "major transit stop" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. Sec. 11.4.05.115 (C) Permits Required. Typographical correction. 2) Building Permit. A 8building PPermit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all Page 4 accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. Sec. 11.4.05.115 (C)(3). 'illegal Gonotr„^t�tien Prohibition on Denying Permits Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. er I/ I may net nr An ADU D be GenOtrl Gted Within attached to a straGtUFe or building that wasGonStFUGteed on Additional y elation of thi? r+ede er .ten" nriAr ��Fer �,�T changes to the RonGonforming ZOROR emssee Subdivision ID.3. text here were a. Except as otherwise required by this Section, all made in general construction, structural alterations or additions to incorporate made to create an ADU or JADU shall comply with the statutory current development standards and building, language from electrical, fire, plumbing and mechanical codes. Government Code Sections b. An ADU or JADU application shall not be denied 65852.2(d)(2) due to the correction of nonconforminq zoning and (e)(2). conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c. Unpermitted ADUs constructed before 2018. L As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following _grounds: The ADU violates applicable building standards, or The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section. ii. Exceptions: (A)Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. (B)Subsection (c)(i) above does not apply to a buildin_g that is deemed to be substandard in accordance with California Health and Safety Code Section 17920. Page 5 d. Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconformin_g conditions, Buildin_q Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewin_q an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU. Sec. 11.4.05.115 (D)(1)(a) — Statewide Exemption ADUs — Interior Access ADU and JADU within Single -Family Dwelling and ADUs within Existing Accessory Structures. As revised, the Ordinance iii. The ADU has an exterior access from the proposed or would allow existing single-family dwelling. optional interior access between Note: the following lan_pua_pe was recommended units. for removal by the Planninq Commission: "Interior access between the primary unit and the ADU shall be prohibited." Sec. 11.4.05.115 (D)(1)(b) — Statewide Exemption ADUs — Height Detached new construction ADU for Single -Family Dwelling. ii. The ADU shall not exceed a height limit of 16 feet, or a hei_pht of 18 feet for an ADU within one-half mile walking distance of a "maior transit stop" or "high-quality transit corridor". Sec. 11.4.05.115 (D)(1)(c) — ADUs on Parcel with Existing Height Multifamily Dwelling. ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four -foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one- half mile walkin_g distance of a "maior transit stop" or "hi_gh-quality transit corridor", or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi -family dwelling. Page 6 Page 7 Se^ 1 n 05 115 in�)6avW,f n reforming Gen, Weps. This is no The Gity shall net require, as a GE)ndi+inn of minis+ems longer approval of a permit applino+inn for the nreatinn of an ADU or necessary AIDIe mthe nnrrnrtinn of nonnonferino wing GORditionc given the amendments to Section 11.4.05.115. C.3 above. Sec. 11.4.05.115 (E) - ADUs not subject to Statewide Typographical Exemption correction. 1. Pursuant to Government Code Sections 65852.2(a) through (d), for an ADU that does not satisfy the requirements of subsection (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subdiVOG19R subsection. Sec. 11.4.05.115 (E) - ADUs not subject to Statewide To bring into Exemption alignment with Government 2. All ADUs shall satisfy the requirements of Title 8, Code Sections Building and Construction, of the Seal Beach Municipal 65852.2(a)(4), Code. A l9building P-12ermit application is required to be to process filed with the Building Department—Division and demolition approved by the Building Official or designee. /f applications for demolition of a detached _gara_ge is proposed as detached part of the construction of an ADU, a demolition garages permit application shall be filed concurrently with concurrently the Building Division and approved by the Buildin_g with the ADU Official or designee at the same time as the applications. building permit. 5. Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60 -day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building Page 7 permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. Sec. 11.4.05.115 (F)(2) -Standards for ADUs - DevelopmentI Height Standards 17LrTGT. VA _ .�arTL7�CTr.WAII W■ rs■ • ■ - -fat, ar J.Q fnnI/Ql:- ■ MIII m-._ .. nxiniln�zln fax • Height restrictions.• -• ADU shall not -• •height,-• provided in subpara_qraphs (i) through fly). A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a "major transit stop" or "high-quality transit corridor", as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling. iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the CitV A ttorneV, apreein_p to maintain the existing _gara_ge as functionally available for parking. Sec. 11.4.05.115 (F)(2) — Standards forADUs — Development Standards c. Setbacks. i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code,. except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second- floor step-back and a consistent development pattern in that nei_phborhood, when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. Sec. 11.4.05.115 (F)(2) — Standards forADUs — Development Front Yard Standards Setback Page 9 e. Lot Coverage. An ADU shall nonfarm to all Int noyerage requirements nnliEable to the zeninrm g diStFiri t in which the nrenerty is leGated evnent where the annlinatien of oild notnermi the TlnVeTraITpTe'regulations would GeVTTs}'C/rtien f ZarOQ Aoars eet-FDI1 th-;;t-; 11v fcct4 in fight with at oast four _feet and roma ^side se eks, eXGept in d-iStr+C �,whiGhallow lessarcr side s�a�Gks in whiGh Gase the lesser shall `�pply. .T �j 1Tl�VTR 7r-CTTI��TJ LLfr�_'I_Fr� EXGeptio«f GE)Fnpi''aanGe with this 10t GOV rcrage standard would pre the development of an 800 - square foot ADU, the mavimi im size of the ADU shall he 900 square feet. An accessory dwelling unit that is 800 square feet or less, consistent with the hei_pht requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four -foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. Sec. 11.4.05.115 (F)(2) — Standards forADUs — Development Interior Access Standards As revised, the g. €-xter4or aA_ccess. An ADU shall have a separate Ordinance exterior access. An ADU above a detached garage would allow may be accessed by an exterior staircase. optional interior access between Note: the following lan_guage was recommended units. for removal by the Plannin_q Commission: "Interior access between the primary unit and the ADU shall be prohibited." Sec. 11.4.05.115 (F)(3) — Standards for ADUs — Parking Typographical Requirements correction. a. Except as otherwise provided in subparagraph (b) and (c) of this Subsection (€F)(3), in addition to the off- street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. Sec. 11.4.05.115 (G) — Standards for JADUs Interior Access Page 10 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit. Sec. 11.4.05.115 (H) — Covenant Required Owner Occupancy 4) For any ADU permitted on or after January 1, 2025, Requirements either the ADU or Primary Dwelling shall be occupied by the owner of record. PLANNING COMMISSION RECOMMENDATION The Planning Commission considered Zone Text Amendment 23-1 at a duly noticed public hearing on July 17, 2023. In response to staff's recommendation to prohibit interior access between the primary unit and the ADU, prior to the public hearing, 21 letters were received requesting this prohibition be removed, and 3 letters were received supporting this prohibition. Additionally, at the public hearing, 3 speakers requested the probation be removed, and 3 speakers were in support of the prohibition. After considering information from City staff and comments from the public, the Commission voted 4-0 (Commissioner Massetti was absent) to recommend the City Council approved Zone Text Amendment 23-1 with the modification to remove the prohibition on the interior access between the primary unit and the ADU. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act ("CEQA"), the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones. LEGAL ANALYSIS: This item has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. Page 11 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission's recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act. SUBMITTED BY: ACe,-�a Smittle Alexa Smittle, Community Development Director Prepared by: Shaun Temple, Planning Manager ATTACHMENTS: NOTED AND APPROVED: gill X. Ingram Jill R. Ingram, City Manager A. Ordinance 1706 B. Ordinance 1706 Redline Format C. Planning Commission Resolution No. 23-12 D. Written public comment provided to the Planning Commission Page 12 [First Reading 8/14/23] ACCESSORY DWELLING UNIT ORDINANCE Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "Sec. 11.4.05.115. - Accessory dwelling units. A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control. B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence. 1) "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) "Attached accessory dwelling unit" or "attached ADU" means an ADU that is constructed within or attached to an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling. 3) "Detached accessory dwelling unit" or "detached ADU" means an ADU that is constructed as a separate structure from an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) "Existing structure" means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5) "High Quality Transit Corridor" means a "high-quality transit corridor" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 6) "Junior Accessory Dwelling Unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. 7) "Major Transit Stop" means a "major transit stop" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8) "Mixed use," for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by -right or by conditional use. 9) "Multifamily Dwelling," for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10) "Nonconforming zoning condition," for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11) "Primary Dwelling," for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located. 12) "Public transit," has the meaning ascribed in Government Code Section 65852.20), as the same may be amended from time to time. 13) "SB 9" or "Senate Bill 9" means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time. 14) Statewide Exemption ADU' means an ADU allowed by right pursuant to Government Code Section 65852.2(e). C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements. 1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by -right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City -approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee. 2) Building Permit. A building permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an -2- ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. a) Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes. b) An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c) Unpermitted ADUs constructed before 2018. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: (A) The ADU violates applicable building standards, or (B) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section. ii. Exceptions: (A) Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. (B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920. d) Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU. -3- D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: a) ADU and JADU within Single -Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: i. The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single- family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square -footage of living area. iii. The ADU has an exterior access from the proposed or existing single-family dwelling. iv. The side and rear setbacks are sufficient for fire and safety. V. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADUfor Single -Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a "major transit stop" or "high-quality transit corridor." IEN iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply. c) ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii): i. ADU within Non -Livable Space in Existing Multifamily Dwelling. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non -livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four - foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one-half mile walking distance of a "major transit stop" or a "high-quality transit corridor", or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi -family dwelling. 2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single- family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. E. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit. -5- 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. 4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required. 5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60 -day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. 6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. 7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. F. Standards for ADUs. Except those ADUs approved pursuant to subsection(D)(2) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards: 1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi -family residential use. 2) Development Standards: a) Size restrictions. i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of. 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer W bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an "efficiency unit" as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a "major transit stop" or "high-quality transit corridor", as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling. iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. -7- No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four -foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second -floor step -back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second -floor step -back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800 -square feet in size. e) Lot coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four -foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located. g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. 10 h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling. i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements: a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met: i. The ADU is located within one-half mile walking distance of Public Transit; or ii. The ADU is located within an architecturally and historically significant historic district; or iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or iv. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or V. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle. c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 4) Other provisions: In a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes. G. Standards for JAD Us. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single- family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22. 6) No additional parking is required for a JADU. H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: 1) Except as otherwise required by Government Code Section 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented. 2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. 4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record. I. Fees and utility connections. -10- 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State's "General Guidelines for Creating Defensible Space." -11- ACCESSORY DWELLING UNIT ORDINANCE [proposed additions highlighted, proposed deletions marked by stere -eats] Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "Sec. 11.4.05.115. - Accessory dwelling units. A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control. B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence. 1) "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) "Attached accessory dwelling unit" or "attached ADU' means an ADU that is constructed within or attached to an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling." 3) "Detached accessory dwelling unit" or "detached ADU' means an ADU that is constructed as a separate structure from an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) "Existing structure" means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5) "High Quality Transit Corridor" means a "high-quality transit corridor" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 6) "Junior Accessory Dwelling Unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. 7)='"Maior Transit Stop" means a "maior transit stop" as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8) "Mixed use," for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by -right or by conditional use. 9) "Multifamily Dwelling," for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10) "Nonconforming zoning condition," for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11) "Primary Dwelling," for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located. 12) "Public transit," has the meaning ascribed in Government Code Section 65852.20), as the same may be amended from time to time. 13) "SB 9" or "Senate Bill 9" means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time. 14) Statewide Exemption ADU' means an ADU allowed by right pursuant to Government Code Section 65852.2(e). C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements. 1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by -right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City -approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee. 2) Building Permit. A Bbuilding Ppermit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for -2- construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. An ADU or T n D T may Hot by +,.detea within or attaehed to a stmeWfe or- building that was illegally eonstfueted in vielati of this eerie o " E6,a� fail fieneenfoFming zening eeflditiensscc Subdivision D.3. a) Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbin,- and mechanical codes. b) An ADU or JADU application shall not be denied due to the correction of nonconforminz zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c) Unpermitted ADUs constructed before 2018. i. As required by State law, the City may not deny a permit to le-alize an existinm but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: (A) The ADU violates applicable buildin,- standards, or (B) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section. ii. Exceptions: Notwithstanding subsection (bc)(i) above, the City may deny a permit to le, -aline an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a findin,- that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. Subsection (c)(i) above does not apply to a buildin'- that is deemed to be substandard in accordance with California Health and Safety Code Section 17920. d) Notwithstanding anv other Provision of this Section. Subsections (a) through (c shall not operate to le, -aline any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an annlication related to a Primary dwelling unit or other accessory structure that does not include an ADU or JADU. -3- D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: a) ADU and JADU within Single -Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: i. The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single- family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square -footage of living area. iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior „ s b.A.. , n M printatT unit and t „ A nU sz.,.» b,, iv. The side and rear setbacks are sufficient for fire and safety. V. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADUfor Single -Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a "maior transit stop" or "high-quality transit corridor.': in iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply. c) ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii): i. ADU within Non -Livable Space in Existing Multifamily Dwelling. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non -livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four - foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one-half mile walking distance of a "maior transit stop" or a "high-quality transit corridor", or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subiect to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi -family dwelling. 2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single- family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. E. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this mien subsection. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A Bbuilding glt application is required to be Bled with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the -5- Building Division and approved by the Building Official or designee at the same time as the building permit. 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. 4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required. 5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60 -day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. 6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. 7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. F. Standards for ADUs. Except those ADUs approved pursuant to subsection(D)(2) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards: 1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi -family residential use. 2) Development Standards: a) Size restrictions. 10 i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of. 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an "efficiency unit" as defined in Health and Safety Code Section 17958.1. b) Height restrictions. D D to be � .1 16 feet, h A .1 1 Dwelling ccrt6��c�cr=wizi �'bze��g�e-&t�ractt'� ca detaehed gar -age s*eet to the heigh4 limits of the ttnder4ying zone, and the si > Att> agreeing to Maif4aifi the :sting gar -age s fitnet;,.,,ally available for- par4newly constructed ADU shall not exceed sixteen (16) feet in heieht. excent as provided in subnaragranhs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a "maior transit stop "or "high-quality transit corridor", as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roofpitch in theADUthat is aligned with the roofpitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (I8) feet in height on a lot with an existing or proposed multistory multifamily dwelling. -7- W. A newly constructed attached ADU shall not exceed twenty -rive (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subiect to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing zarage as functionally available for parking c) Setbacks. i_ No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. H. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four -foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second -floor step -back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second -floor step -back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADUshall be developed above the rear portion of the Primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800 -square feet in size. •�� 10 sty _ !�rser� feet.800 s"afe An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four -foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located. g) E'er aA_ccess. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. r te-4er aeess hetff„,,,., the „ ..W ,,...1 theADVsha# he ,,....A.A;t...# h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling. i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements: a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (ED(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met: in i. The ADU is located within one-half mile walking distance of Public Transit; or ii. The ADU is located within an architecturally and historically significant historic district; or iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or iv. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or V. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle. c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 4) Other provisions: a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes. G. Standards for JAD Us. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single- family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main livinz area shared with the primary unit. -10- 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22. 6) No additional parking is required for a JADU. H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: 1) Except as otherwise required by Government Code Section 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented. 2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. 4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record. I. Fees and utility connections. 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal -11- Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State's "General Guidelines for Creating Defensible Space." -12- RESOLUTION NO. 23-12 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 23-1 REGARDING ACCESSORY DWELLING UNITS AND RELATED DEVELOPMENT STANDARDS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: WHEREAS, On October 24, 2022, the City Council adopted Ordinance No. 1699, amending the standards applicable to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the requirements of the California Planning and Zoning Law; and WHEREAS, In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1699 to the California Department of Housing and Community Development for review and comment; and on February 16, 2023, the California Department of Housing and Community Development provided comments on Ordinance No. 1699 with recommendations for modifications to the Ordinance, primarily being the incorporation of provisions consistent with Assembly Bill (AB) 2221, and Senate (SB) 897, both of which went into effect on January 1, 2023; and WHEREAS, The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance; and WHEREAS, Staff has identified areas of the current standards applicable to ADUs and JADUs that require amendment to become compliant with California Government Code Sections 65852.2, 65852.22 and 65852.23, as provided in AB 2221 and SB 897, and to clarify standards; and WHEREAS, the Planning Commission is authorized, pursuant to Section 11.5.05.010.13 of the Municipal Code, to make a written recommendation to the City Council to approve, approve with modifications, or disapprove amendments to the Zoning code -land WHEREAS, the Community Development Department has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and finds and determines that the adoption of ordinance regarding accessory dwelling units is exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (h), as an action to implement the provisions of Government Code Sections 65852.2, 65852.22 and 65852.23; and WHEREAS, the Community Development Department on July 6, 2023, caused to be published a legal notice in the Sun Newspaper, a local paper of general circulation, a hearing notice indicating the date, time, and location of the public hearing on the proposed Zone Text Amendment; and WHEREAS, on July 17, 2023, the Planning Commission held the duly noticed public hearing where interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: Section 1. Environmental Findings. Pursuant to the California Environmental Quality Act ("CEQA"), the Community Development Department has determined that the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones. Section 2. Required findings for Zone Text Amendment 23-1. In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the council shall make any environmental findings required pursuant to Chapter 11.5.35: Environmental Review, and determine whether the proposed action is consistent with the general plan and any applicable specific plan. The Planning Commission hereby makes the following findings, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of the recommendation for approval of Zone Text Amendment 23-1: Finding 1. The proposed amendment is consistent with the following General Plan Goals and Policies: Land Use Element 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. 2. Housing: It is to be a goal of the City to preserve its low- and medium -density residential character while still providing a wide choice of living accommodations and lifestyles for its residents. Housing Element 1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents. The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households. 2. Program 1h: Accessory Dwelling Units: Accessory dwelling units (ADUs) can provide affordable housing options for a wide range of household types, many of which may have very low- or extremely low- incomes. The City will continue to encourage ADU production consistent with State law, which shall include: 1. Revisions and updates to the City's adopted ADU Ordinance as needed for consistency with State law; and 2. Website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable. The proposed amendments will bring the Ordinance into consistency with State law. 3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate -income households. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate -income households. 4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female -headed households, and the homeless. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female -headed households, and the homeless. Finding 2. Environmental findings required pursuant to Chapter 11.5.35. Environmental findings are not applicable because the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). Section 3. On July 17, 2023, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 23-1, which would amend Title 11 Section 11.4.04.115 of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other minor corresponding amendments to the City's Zoning Code as set forth in the draft ordinance included as Attachment "A." Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other evidence in the record, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 23-1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 17, 2023, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patty Campbell Chairperson Alexa Smittle Planning Commission Secretary ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 23-1 C!FA COnuCII WGUJpeL2 CC: C!{A C16LK 2!uc6LeIA AonL2 c9L6 JOL onL bgLsufa' L621g6ufa 111(6 WA tgW11A 92 Me }9C6 opgua62 guq cpglleuaea lu bLOAlglua aws bLOboaeq bLONIPIFIOU CLOW Elie gLgg OLglugucs' ble9ae bLOAlge obflou2 tOL IUfeLIOL OCCG22 fO Ju g{jgcpeq VDn tOL fPO26 mpo u66q II:' guq LGWOA6 fpG I nLae Aon;o COLGIn11A cou21g6L fpG bLobo2eq l9uan9ae blgc!ua L62jLlCf!Ou2 OU MIJ6U 6WGLa6UCA 92212j9UC6 12 L6dnIL6q' Le2!gsuce fo bLOAlge bLIA9CA mpau g6alLeq' pn; couu6clsq JOL dnlcK gcceae gpl6 fO PSA6 gggbfgpl6 gcc6a2 pGfM66U I!Alua 9L692 01 fpG VDn guq fpe bLlW9LA nug6L2fguq fpe u66q }OL IU-IJOWe CgL6 JOL 9a1Ua bgLGUfa' if 12 1WbO49uf fO pe tgWlll62 C9u p6 CowtoLfgpI6 IIAIUa lu 9 Wnlfl-{9WIIA' Wnjf!a6u6L9f!ou9l 2Gff!ua' I 9110M 6927% 9cCe22 {O 9alua bgLGUf2' As{ bLOAlge {OL 9 woq!cnW Ot 26bgL9{IOU' 20 guq llgAlua 9a1ua bgLGU{ 122n62 911 9I: fpr, 29W6 {1W6' i PSA6 266u vDn,a mp!c J 11J9A6 p66U 9 L621geuf O} $6gl 86gclJ 21uc6 5002' 1 9W g69llua Mlfp L9I21ua Kjg2 HE: COUCeLu21S6a9Lq!ua bLobo26q ypn OLglu9uce r9uanga6 guq bLOP!p!fIOu2 blguulua CoWWla2lou' D69L bl9uuiva COWWI22IOu CIJglL guq 1A16Wp6L2 Oj fpG CIfA Ot2691 g69C1J 2691 B69cP, Cv 80,t0 54 J E!'lP fP 2{L66I: CI}A 01 2691 869cp blguulua CoWWl22!ou jnIA 4e',5053 2691 Be9cN' Cv 801,40 150 BglpOS DLIA6 Ena6u19 cpsua C!fA Conucll WGWpsL2 CC: C!f7% CI6LK .LPOL ROr fOL 9110MIUa W6 FO 21J9L6 WR COUCGLU2' sl;gcN6q VDn,a* 1616,926' 1 nLas Ron fo LGWOAs all bLOA121ou2 bLONIp!f!ua IUFOLIOL gcc622 fO g6JCIJ tOL 33 R6gL2- dnlcKlR 9ccs22 IJ6L {o bLOAlgs sw6La6UCR COLO' Monlq RonS 11J9A6 I!Asq lu 2691 COW{OLf9p16 169AIUa WR WO{IJ6L IU 9 agnspou M116L6 1J6L COL6aIAGL COnlqu,f b19c6 p9LL16L2 p6;Mssu fpe buW9LR 11owG auq;Ils VDn' I Monlqu,; pG M1J0 9L6 Ill' q!29plsq' OL 26UIOL2]n2{ MI2IJIua;O L6W9IU IU f1J6IL 1JOW621.O 1J9A6 1:0 U66q C9LsalAlua 26LAIC62' If 26sW2 nUI9IL auq gaua6LOn21.O b19C6 IuglAignsl2 11J6L6 9L6 W9UR LG920U2 fo bLOMg6 IUF6LIOL gcc622 bs41cnl9LIA }OL 1:11026 MPO gcc622 j0 of fsc1J6q VDn.o MITI pG gl!oMsq• EX{6LIOL 9CC622 12 LsdnlLsq- W9ugsf62 9uq I!uq 1:11x1: Wnu1c1b91lp62 IJ9A6 q!2cLsflou !u g6FsLW1UIUa I11Uf6LIOL cou21g6L6q {OL 9C;1ou ou gnIR J 1' 5053' 1 N9A6 LGA16Msq 21•x 6 of CgIIJOLUIS VDn I SW MLif!Ua j0 Aon MIf11 COUCGLU2 xponf fpo gL91j VDn QLglusuc6 p61Ua HE: VDn IUjsLIOL gcc622 D69L bl9UUlua COWWI22IOU CIJ91L guq WGWp6L2 01:;116 bl9UUlUa CoWW1221ou' 2691 B6gc11' Cv 601,40 344 E!aPfP 2fL6s1' CO Ot 26x! 669C1J 1619uulua COWWI221OU '1nIR J@' 5053 2691 BsgclJ' Cd amo (?J 3 B6xc1JCOWpsL DLIA6 eL9Cs WOLI C!tA Conucll CG C!jA CIGLK (7� 1p9ur Aon' L621LICjIOU If62b6cjtnllA' I nLg6 jp6 COWW1221OU j0 COU21g6L UOj l!Wl;!UPa POW6 oMUGL2 MIZH jpl2 bLob02Gq U66q OL M9Uj IUj6LIOL 9CC622' {OL jp026 jp9j qo Ij 266W2 Ij 2ponlq p6 9U Obf!ou- luclnqlUg 6ig6L1A' g129p16q' 19Lg6 pon26po192' 9uq WOL6' Mp!16 UOj 6AGLA VDn 9bb11c9jlou M!II 9110MIU9 IUj6LIOL 9CC622 }OL jp026 pOn26polg2 g6911UP Mljp !uq!AIgn9l2 Mljp 2b6C191 U66g2' LGAIGMIUR jp6 bLob02Gq LGAI26q Vin QLgIU9UC6 M6 gou,j nug6L2j9Uq MpA Aon MOnlq bLOplplj VIA {9WIIA 9uq I SW L62Ig6Uj2 O{2691 B69Cp' /yds 9L6 g6911UR Mljp 9E6IUR b9LGUj2 9uq 9}j6L KE: CouC6LU2 L61i9Lq!ug bLOp!p!j!Ug IUj6LIOL 2j9!L2 {LOW VDn,2 p69L bl9UUIUR COW W122IOU CP91L 9uq VgGW p6L2 O} jp6 2691 B69Cp bl9uuIug COW W1221OU 2691 B69Cp' CV aO_�dM SIT URPIP 2jL66j 01A O{ 2691 B69Cp bl9uulu? 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COWW1221OU 1nIA TA' 3033 2691 B69cp, cd Milo 1231 2691 M9A' ybj#3 VN9j4 EI2pGL Gloria Harper From: Jeannie Dennison <jeannied@roadrunner.com> Sent: Monday, July 17, 2023 12:56 PM To: Calvin Mingione; dmassetti@sealbeachca.gov; Richard Coles; Patty Campbell; Michael Wheeler Cc: Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Subject: Staff report regarding ADU's Dear Planning Commissioners, I am a resident of Bridgeport for a combined total of 44 years. I strongly support staff's recommendations to 1. Prohibit interior access between the primary home and an ADU, and 2. Require any Bridgeport second story ADU addition be placed above the rear portion of the primary home. I appreciate that staff has taken into consideration that Bridgeport is a unique planned community. These homes built in 1969 as zero lot line homes were architecturally designed to utilize the entire homesite, while insuring maximum land use & interior privacy. The original CC&R's prohibit windows facing adjacent homes and limit the number of 2 stories. Most of these were added to the city zoning code in 2004, along with any limits on expansions of existing 2 stories remaining over the garages to maintain the integrity of this residential community. The Bridgeport community has maintained this design integrity for 54 years with the continued support of the City staff and I feel that speaks volumes to staying the course. On a separate point, the fact that the State law requires a separate entrance shows the ADU is a separate unit. Allowing an interior entrance changes this to basically a means of adding second story where the existing CC&R's and city code don't allow. Thank you for your time and consideration of my input. Sincerely, Jeannie Dennison 375 Clipper Way Sent from my iPad „awgp acyls uelaupOLuooq { 661. !u Bugaebow 92 26bs19j6 nuIj2'„ 9 C169L C0U4L9gICj10U j0 ju6 „cou2!ajeuj g6A61obweul bgll6LU„ suq suq VDn moniq pe blou!p!16q !u oLgeL 10 wore CI69LIA wslujslu jus buwsLA null suq yDD 6X46LIOL' IU2469q' IASL• 16wb16,2 L6boLj aisle?' „IUl6uoL eUlLsucea psjmssu jus bLlwglA nUlj uow62 IU Bugaebou' V alg!lmsA monlq wog14A OUJA lus Iuj6UOL 04 jus Powe' Uoj fpG 61lueL ju6 Cou21ajeul g6Aslobw6ui b9ljsLU OL jus awgll acyls u6laupOLuooq jeel of awsll 2Cg16 ue,a11pOLuooq 4661„ !u BugaebOLl' Vu IUj6Lu91 2lg!Lm9A monlq uoi 6uggua6L bsljslu Mllu!u jus Buga6bO4 us!aupoLuooq u H6 9120 L646LGUC62 iu6 U66q j0 w91Uf9JU 9 b04!Ou of 1pe bllwgLA 2jlnc4nL6 10 w9lulglu su 6dnlA916uj suq coumssul g6AelobwsUj lu u12 21944 136bo4' WL• 16wb16 2jsi62 Bugaebou bDfla naUgll P6 blscsq spons jus L6gL q!2CLsj!0usLA bOMGL 10 s1lom encu !Ul6UOL 9CC622' it 26sw2 b6LAGLee to bLOulp!l !l' to IJ9A6 dnlcK suq e92A 9Cc622 j0 1pe 26UIOL IU 1pe Powe' mpau lu6 CIjA 1192 1pe g1441CnIiS VU IUj6LI0L 2j91LM9A 12 ju6 p621 M9A 40l 19WIlA OL s bL046221OUSI C9LGL IU ju6 VDn 9aiva IU onL 1JOw62 L9jprL ju9U IU 9 Me 49CIIIjk muA monlq jus C!fA wgKe just w0L6 POw62 12 9 L621LI0110U me qo UOj nUg6L2jguq 9i 911- MU6U wgUA o4 n2 sLe bIsuuiva OU lus bloboaeq bLOu!p!i!OU OU 9U IUj6LI0L OJUILMsA 10 s ?6couq WLA VDD Iu Bugasbou u6!aupoL2 mpo m9ul to gqq gu `dDn m!II 4!uq !J q%!cnlj' COW2121EWI MUH 21VIE FVM LfEonIHEWEW12' !1 sbb6sL2 onL BLlgaebou DMErnme nwi-L2 (`dDn2) VWD inmi013 bCCE22013.1 DMEFrmc nwil2 (1bDn2) lliFE J J OL 1HE 2E` F BEVCH W(1VIICIbvr CODE bEHiVIMIAO 10 VCCE220b k Lesq ju6 L62iL!Cj!0U2 !u SOME IEXI yWEMDWEW-L 53-1 VNEVIDIWe bOH-LIOL42 OE Me monlq I!K6 lu6 2sw6 obb04nulfA pe s44OLg6q 911 LGapouj2 o4 2691 B6scu' Bnj ugAlua CIjA 9gwIU12ll9j0L2 MPO 911 PSA6 Melcoweq onL IwbL0A6w6Uj2' OAGL 1116 A6gL2' Me coU21g6L onL261A62 A6LA t04nugle jO u9A6 2nbbWA6 u6lappOL2 guq JMGUJA A69L2' Me ugne w9g6 21au!4!csuj IwbL0Aewsuj2 to onL Powe guq isugacgblua Me u9A6 OMu6q onL uOw6 IU Ju6 BUga6bOL4 u61aup0Lu00q 04 2691 B69Cu 40L OAGL D69L COwwI221ou CPUIL suq IIJswp6L2 011u6 C!JA 012991 Bescu b19Uulua Cowwla2lou: ywaugweul 33-j HE: Bsdneef to L6won6 IUSGLloL gcc622 L62;LIc;Iou21oL VDna lu Sous 16x4 2691 B6gCu' C9 a0140 5JJ Bauiu 2j166i C4A 04 26x1 B69Cu bl9uulua Cowwl221ou bs4A Cswbpell' GPSIL grilA J e' 5053 2691 RGSW CV 80110 Sao E16CjLIC ynsune Vippsels suq Kgj1J166U 0146111 KSIPIGGU O,Vlslll 21UCGLGIA N!Cussls O,VGIII n26 II2 g12CLsI!OU 10 9110M IUIGLIOL SCCG22 IO sU `dDn- IJOWG2 92 MG sa6 suq' IU2I6sq O} Cl691lua psLLIGL2 IO IN9j OPIGCI!AG' LGCOWWGuq IU6 CIIA MG pob6 Ip6 blsuu,ua CoWW1221OUSL2 2nbbo4 IN02G oI n2 MPO Msul IO LSWsw IU onL Gloria Harper From: fredIindalou@verizon.net Sent: Monday, July 17, 2023 11:29 AM To: Calvin Mingione; dmassetti@sealbeachca.gov; Richard Coles; Patty Campbell; Michael Wheeler; Robert Goldberg Cc: Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Subject: Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023 Dear Planning Commissioners, We have been resident homeowners of 245 Electric Avenue in Bridgeport resident for 33 years. We are very concerned about the possibility that ADUs will be built in our community, with design and construction not consistent with the existing architectural norms and covenants that keep our community of 176 homes uniquely charming. As such, we would like to offer a formal input regarding this topic, as we are not able to attend the public meeting. We strongly support staff's recommendations to 1) Prohibit interior access between the primary home and an ADU and enforce the requirement for external access to the ADU. 2) Require any Bridgeport 2nd story ADU addition to be placed above the rear portion of the primary home. While the revised ADU regulations would allow additional second story construction to be added, the above prohibition of interior access into the primary home would ensure that state -mandated regulations are met and dissuade a homeowner with the intent to circumvent the existing restrictions on the number of 2nd story homes, in what is currently an attractive balance of 1 -story and 2 -story homes. Placement of the second story ADU in the rear area of the home will assist in facilitating consistency with the look and feel of the existing 2 -story homes. 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KGA' I:LOLU pGaLI allacK2' IPG aaG2 0168- 11 Ma2 UGCG22aL% }OL LUG IO bLOnIgG LuauX K!ug2 OI GLUGLaGUCt\ couq!I!ou2' I caLGq IOL FIGLU !u wA wnll!-I6nGl IJOLUG nulg IuGA ba22Gq aMax al 2nIIGLGq ILOLU gGwGul!a auq wX I;ajpGL paq WOPII!I,\ 122n62 can2Gq p% LUGq!cal JUGA MGLG IU IIJGIL Lulq 90,2 MIJICIJ !2 IPG aaG I Mlll p6 AGLA 200U' WA WOIIJGL Cau bLOAigG IOL UGCG22aLA CaLGaInIUa' Wt\ baLGUI2 CaLUG to IInG MIlp Luh MIJGU LGIOCaI6q' I CaUUOI_ LGIA OU IIJGw IO bLOAlg6 gall% caLG IOL LUG' auq I IOLlnualGIA P!2 IaLullk WX OIIJGL 2OU LuauaaG2 IaLaG cou2lLncllou bLO1GcI2 auq bGLloq!calIX 12 OI a 2WO11 pn21UG22' H12 I!LUG auq allGul!ou aLG q!nlgGq pGIMGGU X1!2 pn21UG22 auq caLeaInlLJa IOL LUG a2 I aaG !u blacG' OL)G lou' u 13L!g0GbOLI LG2!gGUI !2 au OMUGL WA bnLb02G IOL uGeq!ua auq COU2ILncl!ua au VDD !2 Io bLonlgG OU-21IG 2nb6L2GgG 1p!2 LG2IuCI!OLl' LGLUaIU !U Ills YOUlua OLq!uOUCG pnl Lun2l UOM PG cpauaGq a2 IIIG VDD IaM2 Gloria Harper From: Robert Goldberg <rgoldberg@live.com> Sent: Sunday, July 16, 2023 12:44 PM To: Calvin Mingione; dmassetti@sealbeachca.gov; Richard Coles; Patty Campbell; Michael Wheeler Cc: Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Subject: Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023 Dear Planning Commissioners, I am a 21 -year Bridgeport resident who strongly supports staff's recommendations to 1) Prohibit interior access between the primary home and an ADU, and 2) Require any Bridgeport 2nd story ADU addition to be placed above the rear portion of the primary home. To staff's credit, these recommendations derive from their appreciation of Bridgeport as a very unique planned community of 176 homes. Despite lots that are generally less than 3600 square feet, a sense of openness, airiness, and privacy was created by having CC&R's that prohibit windows that would peer into neighboring patios and limit the number of 2nd stories to only half of the lots while also restricting these to the rear of the lots. In recognition of the importance of the CC&R's, most of its provisions were added to the City's zoning code in 2004. While the revised ADU regulations would allow additional 2nd stories to be added, the proposed prohibition of interior access into the primary home would ensure that these state -mandated regulations would not be used by a homeowner to simply circumvent the restriction on the number of 2nd story homes. If a homeowner were allowed interior access, it would be a very simple matter to just remove the exterior staircase entrance "when no one was watching." The result would not be inconsistent with the existing CC&R's and City zoning code, but also, as noted by staff, inconsistent with the intent of the State law to maintain the primary home ADU as separate units. Sincerely, Robert Goldberg Former Seal Beach Planning Commissioner 1 Gloria Harper From: Robert Goldberg <rgoldberg@live.com> Sent: Monday, July 17, 2023 11:39 AM To: Calvin Mingione; dmassetti@sealbeachca.gov; Richard Coles; Patty Campbell; Michael Wheeler Cc: Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Subject: Supllemental Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023 Dear Planning Commissioners, I would like supplement my prior written comments with a request to add a 5th required covenant to Section H (page 11) of the proposed ordinance: 5 5) An attached ADU shall not have internal access into the primary dwelling unit. I think this restriction is just as important as the other four listed restrictions in Section H to be recorded on the title of the property. Many homes, especially in Bridgeport where I live, are not sold until long-time owners pass away. Children who inherit the home or an estate trustee who sells it are very unlikely to be aware of the prohibition on internal access. Consequently, the selling agent will also be unaware as well as prospective buyers. However, this problem can be rectified by simply adding the above language to the property's title. The restriction will then be disclosed to a buyer as part of the title report that they receive in escrow. 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Justus 377 Galleon Way, Seal Beach, CA 90740 Telephove: 714-343-4999 E-mail: sjustus@roadrunner.com July 17, 2023 Via E-mail To: Planning Commission, Planning/Community Development Departments, and City Manager City of Seal Beach, CA RE: Planning Commission Public Hearing on July 17, 2023 Proposed Change of Zoning Ordinance for ADU's Commissioners, City Manager, and Staff: Upon review of your Draft Ordinance and Staff Report under consideration for the Planning Commission Public Hearing on ADU's, I find numerous errors and deficiencies, including inconsistencies within the documents, conflicts with State Statute, and other issues of concern. I'm sure that others will point -out some or all of these problems, however the documents exhibit hasty preparation, and the public was not given adequate time for thorough review (the documents were not available timely). This matter warrants proper care, and attention and consideration of public concerns, and application to local conditions of the requirements specified by State statute. I can't argue with the statute, because it is current law. We don't have to like it, however we must incorporate and apply it properly and carefully, equitably and in full consideration of its purpose and intent. The purpose is a matter of record with the legislation, and specific criteria and guidelines for application are provided in the statute. Among these directives are limits on local regulation of the framework defined by the State, such as restrictions rendering the construction of new ADU's impractical or prohibitive. In addition to concerns pertaining to sloppy and confusing drafting, I note the following key concerns: a. Objection: to limits on the location of an ADU within/upon the building footprint if said limit restricts the maximum size allowed under the statute. For example, limiting placement of the ADU in Bridgeport to the location over the rear garage may restrict the size of that ADU to less than the allowable maximum floor area, due to the second story setback prescribed in the Bridgeport zoning standards. It also effectively restricts the existing two-story units (with the second story already located over the garage) from constructing an ADU of adequate (let alone maximum) floor area in the space forward of the garage. b. Objection: to constraints on effective and efficient use by the primary unit resident(s) and/or the ADU resident(s) of direct communication and access between the units for caregivers, extended families, and persons needing care. Persons needing care and caregivers require direct and immediate communication and access between their separate living spaces (not just independent exterior access for other privacy and convenience factors), whether the individuals are family members or unrelated, and regardless of whether they live in the ADU or the primary unit. This situation for care giving, aging -in-place, and extended families is supported by the statute as intended purposes. Regulation prohibiting direct and immediate communication and access is an unreasonable restriction in violation of that intent. This is the third time our ADU zoning is being dealt with. The first time it did not comply/conform with the State statute, nor did it account for all the local circumstances. The second time it did not comply/conform with the revised statute or all the local circumstances. I hope the third time is a charm. It's not easy given the complex facts surrounding this issue, but let's get it right this time. Should the City be interested, I can identify and offer suggestions to remedy the various concerns, objections, errors, deficiencies, inconsistencies and conflicts mentioned above. 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I am hoping that you will decide to allow interior stairs for ADU units in Bridgeport. I believe this is the best solution moving forward for the people who would like to add a second story home and would like caregiver or family member to have access. This seems to be a reasonable option esthetically and for practical reasons for the neighborhood of Bridgeport movin -7a Sincerely Che unningham 401 Galleon Way Cc: city clerk Eliane Gloria Harper From: Ed Fagenson <edfagenson@gmail.com> Sent: Monday, August 14, 2023 11:16 AM To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; editor2@sunnews.org Subject: Input on the draft amendment to the Seal Beach ADU Zoning Code Dear City Council Members, I am writing to express my support for the proponents who advocate for the restriction of second -story Accessory Dwelling Units (ADUs) in specific areas. I understand that the recent draft amendment to the ADU Zoning Code aims to balance the state's ADU requirements with the preservation of existing zoning regulations that limit the number of two-story homes in certain neighborhoods. While this effort is commendable, I share the concerns raised by proponents regarding the prohibition of interior stair access to second -story ADUs. It's clear that the intention behind ADU laws is to foster new housing units rather than encourage larger homes. By mandating exterior entrances for ADUs, the state emphasizes the importance of maintaining a clear distinction between primary residences and additional dwelling units. However, the unintended consequence of this draft's universal prohibition on interior stair access to second -story ADUs is that it impacts not only areas where second -story additions are restricted but also those where such restrictions do not apply. This approach could compromise the unique character and livability of certain neighborhoods. I concur with the proponents who argue that we should prioritize a targeted approach that aligns with the state's goals while respecting the individuality of each neighborhood. Furthermore, I share the concerns raised about potential misuse of ADU laws to circumvent zoning regulations. It is crucial that our ADU Zoning amendment serves its intended purpose of increasing the number of housing units and reducing housing costs, rather than inadvertently leading to the enlargement of existing homes. In light of these considerations, I respectfully urge the City Council to support the proponents' viewpoint and consider revising the draft amendment to allow for interior stair access to second -story ADUs only in areas where such additions are not restricted by existing zoning rules. This approach will honor the unique qualities of our neighborhoods while adhering to the spirit of the state's ADU laws. Thank you for your time and attention to this matter. I believe that by working together to find a balanced solution, we can enhance our community's livability while addressing the housing challenges we face. Sincerely, Edward and Tammy Fagenson 432 Corsair Way Seal Beach, CA 90740 213-644-4321 Gloria Harper From: Eileen O'Leary <periweenkl@gmail.com> Sent: Sunday, August 13, 2023 2:42 PM To: Gloria Harper Subject: ADU ordinance 1706 and Zone Text Amendment 23-1 Eileen 0"Leary 1201 Ocean Avenue Apt. B Seal' Beach, CA 90740 August 13, 2023 Honorable Mayor Thomas oor Members of the City Council City of Seal Beach 211 Eighth Street Seal Beach., CA 90740 Dear Honorable Magor Thomas Moore, I am a long-term resident of 5eal Beach and writing this k constructing an ADU with an internal stairwell for a ca regi stairwell to care for mfr Mom when she was ill. Minutes c requires 24/7 immediate access. Gloria Harper From: erin bello <erinmbello23@gmail.com> Sent: Monday, August 14, 2023 7:18 AM To: Gloria Harper Subject: Draft ADU Ordinance As a Seal beach resident and an owner of a single story, three bedroom home in Bridgeport,I am very concerned that the amended draft of the new ADU requirements sent to the City Council by the Planning Commission does not address the intent of the law which is to create new housing units, not larger houses. I am also concerned about a few residents who have always wanted home expansion and are now using the inclusion of the interior staircase as a necessary option for a caregiver. I am over 80 and know that I may at some point need a caregiver, I also know that I have a three bedroom with immediate access to my room. I don't need an additional large room overhead to accomplish this purpose. Please do not overlook the uniqueness of the lots in the Bridgeport community. The misuse of State ADU laws to circumvent our City's zoning laws will do this. I ask that you current recommendation to prohibit interior access to ADU's, most critically, for the unique Bridgeport tracts. Sincerely, Erin Bello James and Isabel Tinker 240 Corsair Way Seal Beach, CA 90740 Bridgeport Subdivision August 13, 2023 Honorable Mayor Thomas Moore Members of the City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Honorable Mayor Thomas Moore, We are homeowners of the Bridgeport community and are writing this letter in support of our neighbor who is requesting a permit to construct an Additional Dwelling Unit (ADU) with an interior stairwell. The purpose of her request is to have the option of housing a caregiver at some point in the future. Long term care is an expense no one should not have to incur if there is another solution supported by the state. The Planning Commission, on July 17, 2023, voted unanimously to remove an interior access prohibition. I ask that you honor this vote under the revised ADU Ordinance 1706 and Zone Text Amendment 23-1 being considered by the city council on August 14th. That proposed stipulation is a discretionary issue and does not reflect the opinion of all residents. Thank James and Isabel Tinker CC: City Clerk City Council Members: - Lisa Landau - Joe Kalmick - Nathan Steele - Shelly Sustarsic Gloria Harper From: Alexa Smittle Sent: Monday, August 14, 2023 8:41 AM To: Gloria Harper Cc: Shaun Temple Subject: FW: ADU Regulations - Bridgeport Consideration Alexa Smittle Community Development Director (562) 431-2527, Ext. 1313 C#IOOSG CIVILITY From: Leslie Carter <lesliecarterj@gmail.com> Sent: Sunday, August 13, 2023 5:17 PM To: Thomas Moore <tmoore@seaIbeachca.gov>; Schelly Sustarsic <ssustarsic@sea Ibeachca.gov>; Nathan Steele <NSteele@sealbeachca.gov>; Lisa Landau <LLandau@sealbeachca.gov>; Joe Kalmick <jkalmick@sealbeachca.gov>; Alexa Smittle <ASmittle@sealbeachca.gov> Subject: ADU Regulations - Bridgeport Consideration Dear City Council Members I have been a resident of Bridgeport since 2015. We have a unique community with a limited number of homes with second stories that help preserve the uniqueness of our community. I understand the state ADU requirements supersede local zoning laws. That said, there is no state requirement related to interior access for a second storyADU - the state requires an external entrance and is silent as it relates to an interior entrance. I am asking that the City Council prohibits an internal access to the ADU for the Bridgeport community since the previous regulations precluded additional second stories. The state ADU requirements should NOT be used to circumvent historical requirements that were well known when residents purchased their property. Thank you in advance for your consideration Leslie Carter 392 Corsair Way Seal Beach Subject: RLD-15 and 2nd Story ADUs Honorable City Council Members: 14 August 2023 Thank you for the opportunity to provide input on the draft amendment to the Seal Beach ADU Zoning Code. This is to voice my ongoing concern regarding attempts to circumvent restrictions in the City's zoning code as noted below. I have been an Old Town resident and business owner since 1994. We bought our home in Bridgeport 20 years ago largely because of the unique zero -lot -line layout and sensible CC&Rs. I didn't live in Bridgeport long before I volunteered to serve on the Architectural Committee to help neighbors understand and apply the provisions of the CC&Rs when construction projects were proposed. Roughly 20 years ago all the quantitative parts of our CC&R's were incorporated into the zoning code via Table 11.2.05.015.E.2. Additionally, that zoning revision was incorporated into section 11.2.05.015.E(1) requiring approval by our Committee prior to the City's review of any plans: "Architectural Committee Approval Required. The city shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those tracts within the RLD-15 District that have a legally constituted Architectural Committee, as has been submitted to the city. " It has been stated by certain residents seeking to build a 2nd story ADU with interior access in RLD-15 that the provisions of the CC&Rs no longer apply. This is untrue. I will state again, as I did at the Planning Commission meeting, that I strongly agree with the staff report as originally written with limitations on interior access for ADUs. I now realize this may not be appropriate for all zoning designations, but I believe it is appropriate for RLD-15 properties in Bridgeport (and elsewhere if they exist). Thank you for the opportunity to express my opinion on this subject. I am committed to this community in many ways, and I hope you will carefully consider my input. Sincerely, Michael Beckage 370 Clipper Way Seal Beach, CA 90740 562-682-5874 FYI — In addition to serving on the Architectural Committee, I organize monthly "Astronomy Nights" at Eisenhower Park, and I co-founded www.dtsweb.com which provides high tech employment for 90 people at our Seal Beach facility next to Boeing. August 14, 2023 Dear City Councilmembers, I am a 21 -year Bridgeport resident who strongly supports staff's current recommendation to prohibit interior access between a primary home and an attached ADU. As the staff report states, prohibiting interior access citywide is the best way to "clearly maintain the primary unit and ADU as separate units, as is the intent of the law." I urge that a motion be made to reinsert Staff's recommended language into the ordinance: "Interior access between the primary unit and the ADU shall be prohibited." If this motion for a citywide prohibition fails, I would then beseech the Council to consider the pleadings of Bridgeport residents for a narrow prohibition that applies to Bridgeport only. We have been informed by our Councilwoman that "it was determined that it would be difficult to enforce this [prohibition] since RLD-15* zoning is not just in Bridgeport but is also located in other areas of Seal Beach. Therefore, this requirement would not be able to be applied uniformly in this particular zoning designation." However, I believe this determination to be incorrect for several reasons. Firstly, my review of the current City zoning maps viewable online at https://www.sealbeachca.gov/Departments/Community-Development/Planning- Development/Zoning-Maps confirms my long-term understanding the RLD-15 zoning designation is only found in the Bridgeport neighborhood. If this is not correct, then staff should be asked at the meeting to display the map that shows RLD-15 elsewhere. Secondly, even if RLD-15 does indeed include other areas besides Bridgeport that would not preclude City's ability to have a prohibition "be applied uniformly in this particular zoning designation." In fact, an analogous RLD-15 unique prohibition on roof decks has been "applied uniformly" for at least 20 years. This is displayed below as the last row in the Municipal Code Table 11.2.05.015 (abridged to reduce size). I have added a proposed new row to the ADU section of this Table that would simply and clearly facilitate the uniform application of a prohibition against interior access. Thirdly, instead of including the prohibition in Table 11.2.05.015, it could alternatively be added to the existing zoning tables of "RLD-15 District — Specific Tract Development Standards" that apply very unique standards to Bridgeport only. Each of the three Bridgeport tracts has its own similar, but not identical, Table. An abridged version of the table for Tract 6345 (which includes the current ADU application) is shown below. I have added a new row for ADU's that includes a prohibition against interior access. Table 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS (Abridged) Proposed Existing RLD-9 RLD-15 RMD-18 RHD -20 RHD -33 RHD -46 Density/Intensity of Use - Lot Dimensions 1 unit per 1 unit per 5,000 sq. ft. 3,000 sq. ft. of lot area, of lot area, 1 unit per 1 unit per 1 unit per I unit per 960 Maximum Density plus an plus an 2,500 sq. ft. 2,178 sq. ft. 1,350 sq. ft. sq. ft. of lot "Accessory "Accessory of lot area of lot area of lot area area Dwelling Dwelling Unit" Unit" Minimum FloorArea (sq. ft.) Primary Dwelling Unit 1,200 1,200 (E) 950 950 950 950 Junior Accessory Dwelling Unit 150 150 150 150 150 150 1 -Bedroom Accessory Dwelling 400 400 400 400 400 400 Unit 2+ -Bedroom Accessory Dwelling 600 600 600 600 600 600 Unit Maximum Floor Area for Accessory Dwelling Units (sq. ft.) Junior Acces sort' 500 500 500 500 500 500 Dwelling Unit Detached Accessory 1,200 1,200 1,200 1,200 1,200 1,200 (LA) Dwelling Unit (L4) (L4) (I 4) (L-4) (LA) Attached Accessory 1,200 1,200 1,200 1,200 1,200 1,200 Dwelling Unit Interior Access Yes — Yes Yes Yes Yes (L-4) (LA) (LA) (L-4) (LA) (L-4) Other Development Standards Accessory Structures Yes Yes Yes Yes Yes Yes Roof Decks Yes — Yes Yes Yes Yes Proposed Existing Table 11.2.05.015.E.1 RLD-15 DISTRICT—SPECIFIC TRACT DEVELOPMENT STANDARDS (Abridged) TRACT 6345 (Bridgeport) Development Standard Required Standard Building Setbacks: Front Yard: First Floor 6 feet - Lot 30 and 31. 8 feet - All remaining lots. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet on 1 side - opposite side yard is 0 -foot minimum setback. Street Side Yard 3 feet. Maximum Height Limit 25 feet overall Number of Stories 2 -story lots - maximum of 24 lots without ADU permits. ADU's 2nd story ADU additions allowed on 1 -story lots with mandatory 2 foot rear setback and exterior staircases for access. Interior access to primary unit is prohibited. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height 3 feet in front yard setback area. 8 feet outside of front yard setback area. Required Landscaping 40% of required front yard. Patio Covers Not permitted in front, rear, or side yard setback area. Proposed While the revised ADU regulations would allow additional 2nd stories to be added, the proposed prohibition of interior access into the primary home would ensure that these state -mandated regulations would not be used by a homeowner to simply circumvent the restriction on the number of 2nd story homes. If a homeowner were allowed interior access, it would be a very simple matter to just remove the exterior staircase entrance "when no one was watching." The result would not only be inconsistent with the existing CC&R's and City zoning code, but also, as noted by staff, inconsistent with the intent of the State law to maintain the primary home and ADU as separate units. Sincerely, Robert Goldberg Former Seal Beach Planning Commissioner *RLD-15 means Residential Low Density, 15 units per acre August 14, 2023 Dear City Councilmembers, I am a 21 -year Bridgeport resident who strongly supports staff's current recommendation to prohibit interior access between a primary home and an attached ADU. As the staff report states, prohibiting interior access citywide is the best way to "clearly maintain the primary unit and ADU as separate units, as is the intent of the law." I urge that a motion be made to reinsert Staff's recommended language into the ordinance: "Interior access between the primary unit and the ADU shall be prohibited." If this motion for a citywide prohibition fails, I would then beseech the Council to consider the pleadings of Bridgeport residents for a narrow prohibition that applies to Bridgeport only. I have been informed by my Council representative that the City Attorney has "determined that it would be difficult to enforce this [prohibition] since RLD-15* zoning is not just in Bridgeport but is also located in other areas of Seal Beach. Therefore, this requirement would not be able to be applied uniformly in this particular zoning designation." However, this determination appears to be incorrect for several reasons. Firstly, my review of the current City zoning maps viewable online at https://www.sealbeachca.gov/Departments/Community-Development/Planning-Development/Zoning- Maps confirms my long-term understanding the RLD-15 zoning designation is only found in the Bridgeport neighborhood. If this is not correct, then staff should be asked at the meeting to display the map that shows RLD-15 elsewhere. Secondly, even if RLD-15 does indeed include other areas besides Bridgeport that would not preclude City's ability to have a prohibition "be applied uniformly in this particular zoning designation." In fact, an analogous RLD-15 unique prohibition on roof decks has been "applied uniformly" for at least 20 years. This is displayed below as the last row in the Municipal Code Table 11.2.05.015 (abridged to reduce size). I have added a proposed new row to the ADU section of this Table that would simply and clearly facilitate the uniform application of a prohibition against interior access. Thirdly, instead of including the prohibition in Table 11.2.05.015, it could alternatively be added to the existing zoning tables of "RLD-15 District — Specific Tract Development Standards" that apply very unique standards to Bridgeport only. Each of the three Bridgeport tracts has its own similar, but not identical, table. An abridged version of the table for Tract 6345 (which includes the current ADU application) is shown below. I have added a new row for ADU's that includes a prohibition against interior access. These tract -specific tables were added to the zoning code in 2004, and have been "applied uniformly" successfully since then. In summary, at least 19 years of experience in uniformly applying both zone -specific and tract - specific standards does not support the City Attorney's current assessment to the contrary. Sincerely, Robert Goldberg Former Seal Beach Planning Commissioner *RLD-15 means Residential Low Density, 15 units per acre Gloria Harper From: Susan Perrell <susan@outdoorsynergy.net> Sent: Sunday, August 13, 2023 2:09 PM To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; editor2@sunnews.org Subject: ADU Amendment to the City Zoning Code_ August 14 2023 Dear City Council Members, Thank you for the opportunity to provide input on the draft amendment to the Seal Beach ADU Zoning Code. In July 2023, the City Planning Staff drafted an amended ADU ordinance ("Draft") for consideration by the Planning Commission. The Draft conformed to State ADU requirements while also helping to preserve, to an extent possible, the current, long standing, tract -specific Zoning Code that caps the number of 2 -story homes in certain RLD-15 District Tracts. Tables 11.2.05.015.E.1, 11.2.05.015.E2, and 11.2.05.015.E.3 of the Zoning Code prohibit any additional 2 -stories in Bridgeport's RLD-15 District Tracts 6345, 6346, and 9814, respectively. These codified "caps' on two story homes have served for decades to protect the unique architectural design, character, sky scape, light, privacy, and livability of the Bridgeport neighborhood. Since these same caps are also contained within the respective Tract CC&Rs, all Bridgeport homeowners "bought in" to them before purchasing their homes. Because the intent and purpose of the State ADU laws is to create new housing units, not larger houses, the state requires ADUs to have exterior entrances. The Draft complied with State ADU requirements by allowing second story ADU additions, but it did not create additional ADU privileges beyond state requirements, such as allowing interior access to second story ADUs. To "guardrail" against second story home expansions "masquerading' as ADUs to circumvent second story zoning restrictions, the Draft prohibited interior stairway access to second story ADUs. Unfortunately, the Draft prohibition of interior stair ADU access was applied to all zoning Districts and Tracts, not just the RLD-15 Tracts 6345, 6346, and 9814, where Code prohibits second story additions. So, while serving to uphold the existing Code for Bridgeport, the prohibition "reduced flexibility" in other Districts, and was therefore omitted by the Planning Commission. If the interior stair access prohibition had been - more appropriately - applied to Bridgeport Tracts only, the Planning Commission may well have unanimously approved it. I hope that the Council will consider that opportunity. The August draft ADU Amendment will give all Seal Beach homeowners the privilege to add second story ADUs with interior stairway access. Unfortunately, for Bridgeport, the resulting additions will be indiscernible from prohibited (non-ADU) second story home expansions. This will unnecessarily undermine Bridgeport's unique character and livability... without achieving the purpose of ADU laws. Proponents of interior stairways to second story ADU additions claim that the required exterior stair access is insufficient for providing safe, quality elder care. The chief proponent of that argument is a Bridgeport resident who has applied for a permit to build a second story in a tract where it is prohibited by Code and by CC&Rs. Her current 1431 square foot, one-story home contains a close grouping of 3 bedrooms that could easily accommodate an overnight caregiver within earshot of the primary bedroom. However, she claims it is not possible to safely age -in-place without having a new interior staircase leading to a new 669 square feet second story 4th bedroom that is as far away from her primary bedroom as possible. We know that aging -in-place does not require a two-story, four-bedroom, 2100 square foot home. Other residents in the same tract have created caregiver space using an adjacent bedroom within their single -story homes, where that care is more accessible, immediate, safe, and less costly. Let's be honest and fair as we amend our Zoning Code: • Let's not facilitate the misuse of State ADU laws to circumvent our City's zoning laws. • Let's aim our ADU Zoning amendment to support the intent and purpose of the State ADU law: to increase the number of housing units and decrease the cost of housing; not to increase the size and cost of a house. • Let's aim at preserving the unique character, sustainability, and livability of our Seal Beach neighborhoods. I ask that the City Council support the Planning Staff's current recommendation to prohibit interior access to ADU's, most critically, for the unique Bridgeport tracts where additional second stories are prohibited by our current zoning code. Thank you for your consideration. Susan Perrell 417 Galleon Way Seal Beach, CA 90740 Gloria Harper From: Robert Elsner <rhelsner@roberthelsner.com> Sent: Sunday, August 13, 2023 8:14 PM To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; editor2@sunnews.org Subject: Amendment to Seal Beach ADU Zoning Code August 13, 2023 RE: Amendment to Seal Beach ADU Zoning Code Dear City Council Members: As a long-term owner of a home in the Bridgeport Community, I am writing to express my concerns regarding the proposed amendment to the ADU Zoning Code recently approved by the Planning Commission. When I purchased my home in 1979, 1 was drawn by the uniqueness of this master -planned community that afforded privacy and quietude to each homeowner, notwithstanding the zero -lot line design. The perfect layout of single and two-story homes precludes neighbors from viewing into courtyards or windows of adjacent homes. Since 1979, the unique design of this community was protected by provisions in the tract CC&R's that prohibited second -story additions to the existing single -story homes. The key importance of this prohibition was recognized by the City and added to the City zoning code in 2004. While I understand that State law now mandates that 2nd story ADU's be allowed on one-story Bridgeport lots, the draft amendment to the ADU Zoning Code goes beyond what is mandated to actually encourage these developments. Specifically, by allowing interior access to an above garage ADU, homeowners will have the ability to convert their one story to two stories with no requirement to ever rent the ADU. This effectively guts the prohibition against second -story units that has been in effect for over fifty (50) years. If an ADU unit is built on the single -story home adjacent to my home, windows from this second -story could view directly into my courtyard as well as the courtyard of the home on the other side, jeopardizing the privacy characteristic of the community. Since the State enacted the ADU law in 2017, the Planning Department staff has expended significant time investigating issues surrounding ADU's. Based on the staff's study and expertise, it concluded that interior access to second story ADU's should be prohibited and recommended this provision to the Planning Commission. Staff's reasoning for this prohibition is sound and should be adopted by the City Council. State law gives cities the option of prohibiting interior stairway access to attached ADU units. I urge that the City Council take advantage of this option before it is taken away by another State law, at a minimum as it applies to the Bridgeport Community. Yours truly, Robert H. Elsner 310 Corsair Way Jen and Mark Greget 330 Corsair Way Seal Beach, CA 90740 Bridgeport Subdivision August 13, 2023 Honorable Mayor Thomas Moore Members of the City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Honorable Mayor Thomas Moore, We are residents of the Bridgeport community and are writing this letter in support of our neighbor who is requesting a permit to construct an Additional Dwelling Unit (ADU) with an interior stairwell. It is our understanding that the purpose of her request is to have the option of housing a caregiver at some point in the future. If we consider buying a single story home in the area, it would be preferable to have this option available to us as well. The Planning Commission, on July 17, 2023, voted unanimously to remove an interior access prohibition. I ask that you honor this vote under the revised ADU Ordinance 1706 and Zone Text Amendment 23-1 being considered by the city council on August 14th. If we consider buying a single story home in the area, it would be preferable to have this option available to us as well. Thank you, Jen and Mark Greget CC: City Clerk City Council Members: - Lisa Landau - Joe Kalmick - Nathan Steele - Shelly Sustarsic Elaine Murphy 400 Corsair Way Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 I am the resident in Bridgeport who will be building the first attached ADU — by RIGHT — in the neighborhood. I can assure you there will be more. I want to address some of the issues currently being raised by some Bridgeport residents, while I remind you that ADUs and JADUs are not iust a Brida_eaort issue — this is a City -Wide issue. - The horrific tragedy in Lahaina, Maui, has brought forward the importance of safety issues as well as reminded us of the need for more than one point of access and egress. It is critically important for Seal Beach residents to have the option to provide secondary access to their ADU units, if it is desired, for the intended ADU use. Interior access doesn't intrude into the neighborhood or change its character, but should an emergency of any variety occur, secondary access will provide prompt access adding life-saving moments, critical for preserving life. The public safety services all would agree that for their safety as well as for the safety of residents, secondary access in times of emergencies, tragic disasters or accidents, having clear and optional access makes a difference. Per the CA ADU Statute, and I quote: " ADUs are to be a flexible form of housing designated to meet the needs of family members, students, the elderly, in-home health care providers, people with disabilities and others." ADUs are not limited or designated to be lust stand-alone separate housing units! My ADU will be utilized for caregiving housing. I cannot wait until I reach the critical point requiring it to be in place to construct it, by then it will be too late. An interior stairway is only visible from inside my home, it does not impact others, design standards or features of the neighborhood. It does impact my life and safety. Sara Anderson 23516' Street Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 The City Planning Commission voted unanimously to allow interior access to attached ADU's. The State Statute is silent on the provision of interior access but allows it. I urge your vote for the ordinance as presented, providing the option for interior access for those who need it. Having more than one point of egress during emergencies increases safety for everyone including residents and public safety officials. Please sustain the Planning Commissions position and allow interior access for those building ADUs where interior access is critical and necessary. Thank you for your consideration of my comments, Sara Anderson (35 -year Seal Beach Resident) CC: City Clerk City Council Members Roxann Davis Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 I have lived in Bridgeport since 1989. In-home care of area residents is critical as we age -in-place and deal with unanticipated health issues. I urge you to maintain the current ordinance as presented which will allow interior access along with the required exterior access. I do this because it is imperative that emergency service providers have options to access people in distress, and to residents to have more than one means to escape during emergencies. Connections between living areas provide caregivers the ability to hear sounds of someone struggling, or in need of emergency assistance, even if the patient is unable to call out for help. I urge you to treat me and all of the aging residents in Seal Beach with respect, and allow us to have safe places to live and age -in-place. Yours truly, CC: City Clerk City Council Members Ginnette Irwin (Neal) Caregiver/Daughter of property owner Gwyneth Irwin 457 Schooner Way Seal Beach, CA 90740 Aug 14, 2023 Mayor & City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Respected City Council Members of Seal Beach, I was pleased to be able to speak before the Planning Commission at the public hearing last month on July 17th and I am likewise pleased to be able to speak to you today. Based of l the majority o tthe input received from the community with regard to Sec. 11.4.05.115 (D)(1)(a) of Resolution 23-121 i am very happy that the Planning Commission voted unanimously to revise and update the language of the Resolution to include the option for a homeowner being allowed to create an interior access for an ADU in addition to the exterior access which is required by law. I believe this is the correct decision for the constituents of your respective districts and all the residents of Seal Beach. My parents have resided in the city of Seal Beach for more than 40 years. My father lived to the age of 94 and my mother is doing very well at age 93. As their full-time caregiver I can assure you that in some instances a supplementary interior access will be critical for the homeowner and the additional resident and/or caregiver. While this will not apply to every ADU added to our lovely city, for those to whom it is important, allowing the freedom of choice to build an interior access if desired is only logical. I trust that in your infinite wisdom you will follow the recommendation of the city's Planning Commission and approve the revised changes to the Ordinance which as now stated "would allow optional interior access between units". Thank you very much for your time and sincere attention. Sincerely yours, • f L7 J CC: City Clerk L.L. Kane Seal Beach, CA 90740 August 14, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 My career prior to retirement was in Public Safety. I know that more than one point of egress plays a life and death role in saving time when dealing with residents in distress for any cause. ADU units are being used for caregiving and multi -generational and extended families, as provided by the CA Statute. I urge your vote for the ordinance as presented, allowing interior access for those who are willing to pay the extra cost to install it. Having more than one point of access and egress means members of our public safety family - Police, EMS, Fire as well as Seal Beach residents are being protected to the highest level possible. Yours, CC: City Clerk City Council Members Paula Shears 299 Electric Avenue Seal Beach, CA 90740 Bridgeport Subdivision August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 17o6 I am a senior citizen residing in Bridgeport and I have strong opinions regarding the AYTI pro'vxMJLVIL Lo 1.011M61U1t ADV s in Luis area and the restrictions the City has placed on the number of second story homes in tracts 6345 and 6346 via its RLD-i5 District. ADU's, allowed by Right, will be built for many purposes specified in the State of California ADU Statute: for example, providing on-site caregiving and for multi -generational living. The ADU option is critical in providing economic and safe housing for many of us who reside here now, as well as in the future. Units being used for caregiving as well as multi -generational living address a couple of the primary and important purposes and intents of the State of California ADU Statute as well as separate housing units which can be rented. Those who use their ADU's for caregiving need and require interior access as it is critical for the health life and safety of our residents and for our public safety professionals. Having more than one point of egress during emergencies increases safety for everyone. I urge your vote for the ordinance as presented allowing interior access for those who want it and who are willing to pay the extra cost to provide it. Thank you, CC: City Clerk City Council Members 2205 1h Street Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore and Members of City Council City of Seal Beach 2118th Street Seal Beach, CA 90740 We are writing in favor of allowing interior access to the ADU statutes. Without interior access, how will the caregiver quickly and efficiently check on his or her patient? In an emergency, or, actually, just in regular wellness checks, the caregiver would have to exit the ADU, come down the stairs, walk to the front or back of the house (whichever case applies) and enter the patient's dwelling. In an emergency, this wastes precious time. The same could be said in reverse if it is the patient living upstairs in the smaller unit. In the cafe of multi-gpnPratinnal nntinns; not having interinr arracc sets, iin harriers to faEnily interactions and complicates lifestyles—especially in inclement weather. If it is the older family member who is living in the ADU, will the only way that person can get to the main house is down exterior stairs? That hardly seems the safest way. If the eldest person lives upstairs, then eliminating interior stairs also eliminates the possibility of a stair lift for the person to use. Hopefully, these concerns will direct your decision and you will vote to allow interior stairs in addition to the required exterior access stairs. Respectfully, Ct.t2� Nancy Mu by Tim Murphy Drs. Audrey and Koby Mok 910 Fathom Avenue Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 My husband and I are both professionals who want to allow property owners in the city building ADU's to have the option to freely construct interior access points as recommended by the Citv PlanninLy Cnmmissinn's unanimnus rierkinn nn luly 17- ?f17_:t- Intprinr, nrrPcc addresses the care and safety of seniors, individuals who are dealing with serious illnesses and those with disabilities to have an immediate response to their needs for assistance and potentially life-saving intervention. Interior access means there will be two points of egress, so during emergencies the health, life and safety of both the residents and first responders — Fire fighters, EMS and police, will be afforded as much protection as possible. This issue is a City-wide responsibility and need. We urge you to sustain the Planning Commissions changes to the Accessory Dwelling Unit Ordinance. Please allow the option to have interior access. Sincerely yours, CC: City Clerk City Council Members Grace Mori 613 Beachcomber Drive Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 I am writing to you as a 23 -year resident of Seal Beach, requesting you follow the input of the City's Planning Commission and allow interior access to ADU's. The California mandated ADU statute places the responsibility of maintaining the safety and care of Seal Beach residents in vour hands as interior access is a local discretionary issue. Public safety for first responders, EMS, Police and Fire personnel are just a few of the many and varied reasons to allow interior access in addition to the required exterior access. Having more than one point of egress is critical in emergencies. Caregiving and connectivity between patients and their support staff who provide life-sustaining assistance as well as alternatives for multi -generational families, an ADU mandated option, are all critical to the successful use and function of ADU's. I personally request your vote and support to allow interior access, and to not place barriers between the primary home and the ADU. I want my mother be safe and to have quick access to her caregiving team, wouldn't you? Thank you for your consideration to my concerns. Since ely yours, CC: City Clerk City Council Members Eugenia Chang 720 Balboa Drive Seal Beach, CA 90740 August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 The ADU Ordinance amendments and Zoning Text Amendments are of concern. The City's Planning Commission unanimously approved removing the prohibition for interior access to an Orll 1 hj it thin (-it,, rtaff Rnnnrt ctill rornmmondc oliminntina intarinr nrrocc I am an eighteen -year resident of Seal Beach, and I understand the need for in-home care for aging parents. It is very important to have adaptable access in-between living areas of an ADU and the primary residence to provide privacy when desired, but connected for quick assess when emergencies arise. I am facing more responsibilities and demands for assisting my aging parents while raising an active and busy family. Hardened separations between units interferes with safety provisions. I urge you to sustain the Planning Commissions changes to the Accessory Dwelling Unit Ordinance. Please provide options for residents like my family as we face changes and challenges in providing safe care for our parents. Sincerely vniirr. CC: C City Council Members 16 I At Z-) Kelly Stone 100 Electric Avenue Seal Beach, CA 90740 Bridgeport Subdivision August 13, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 I have resided in Seal Beach for many years and I now live in Bridgeport. My parents who are aging and need my assistance just moved to a home on the hill. I am convinced that having the option of more than one point of egress and access to an attached second story ADU is critical in providing for the safe care of individuals who wish to age in place. I am currently assisting with fire and disaster recovery services in Lahaina, Maui. I believe you can recognize that safety escapes and the provision of more than one point of egress from a second -story residential ADU unit can play a critical role in providing time for residents to escape as well as assuring safety for members of our public safety services - Fire, EMS, and Police. AUD Units being used for caregiving as well as multi -generational living meet the primary and important purposes and intent of the State of California ADU Statute. ADU's utilized for caregiving needs require interior access as it is critical for the health life and safety of both residents and public safety teams. I urge your vote for the ordinance as presented, allowing interior access for those who want it, and who are willing to pay the extra cost to provide it. Having more than one point of egress during emergencies increases safety for everyone. Thank you, r ,� CC: City Clerk City Council Members Gwyneth Irwin 457 Schooner Way Seal Beach, CA 90740 Aug 14, 2023 Mayor & City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 As a 40+ year resident of Seal Beach i am happy to express my support for the initiative to allow interior access steps for an ADU. I believe this will be important for many people in Seal Beach who choose to add an ADU to their property. Sincerely, CC: City Clerk Erin Murphy 313 Central Avenue Seal Beach, CA 90740 August 14, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 23-1 and Ordinance 1706 I am urging you to allow residents who are building ADU's who want interior access to be allowed to build them. They provide safety for everyone. A second point of egress is especially important during emergencies allowing special services - Ambulance, fire, police to quickly access a unit rather than struggling around exterior stairs. Yes, exterior stairs are required, but having another option is smart and safe for everyone - especially for those who will use their MDU for caregiving services, and for multi -generational families. Please vote for the Ordinance as presented. Sincerely yours, CC: City Clerk City Council Members Natalie Murphy 313 Central Avenue Seal Beach, CA 90740 August 14, 2023 Mayor Thomas Moore, and Members of City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Honorable Mayor and Members of City Council: RE: ADU Zone Text Amendment 234 and Ordinance 1708 The Planning Commission unanimously recommended changes to the ADU ordinance which is before you tonight. My family and i are particularly concerned that the Commission's position be upheld. Many families in Seal Beach are dealing with parents, neighbors, friends and acquaintances who are managing the challenges of aging in place and those with progressive disabilities. Allowing individuals who are constructing ADUs to have interior access assures they will be in the safest place possible. Please pass the Ordinance as amended by the Planning Commission. Yours, CC: City Clerk City Council Members Gloria Harper From: Lisa Mosa <lisafmosa@gmail.com> Sent: Monday, August 14, 2023 3:15 PM To: Gloria Harper Subject: Re: My letter was supporting ADUs in the Bridgeport area. Sent from my iPhone On Aug 14, 2023, at 12:39 PM, Gloria Harper <gharper@sealbeachca.gov> wrote: Hi Lisa, I am circling back to inform you that I am unable to open your attachments. Please resend prior to 5pm today, August 14tH Thank you, Gloria Harper, City Clerk City of Seal Beach 211 Eighth Street Seal Beach CA 90740 (562) 431-2527 Ext. 1305 <image001.jpg> <image002.jpg> Civility Principles: 1. Treat everyone courteously; and, 2. Listen to others respectfully; and, 3. Exercise self-control; and, 4. Give open-minded consideration to all viewpoints; and, 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. 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STATE OF CALIFORNIA Prir,ipal Afte-ss Office of the Secretary of State STATEMENT OF INFORMATION F F LIMITED LIABILITY COMPANY - a:,.. Calibmia SP_cFewV of Ste,e 15UO 1 _rt< SBeEt Attention Sar=amer+.ln. C:a iforwa 958_,1 St^M a[1rc s.s .'t:atinrnrl pf in W ilC (411; G53-:? G EW,V Detars Limited Jabilitp oamo" time Entity No. Fum,w*J hi i 111111111111 INI !1111 IIIII IIIII IIIII IIIII IIIII IIIII 111111111111111111 IIII BA20221044055 Fc.-- Ofnc* Use 0-tv -FILED- Fa No: BA2022"C' 44J55 Date F• sv: 101127-'2'022 BEACH MUSE AT THE RIVER; LLC 201731010337 CALI FORMA bt=_et AMress s-" F-ncip33 rit+re rr _ C. Prir,ipal Afte-ss 15 IST STREET SEAL BEACH, CA 90740 Vnifna Adar¢s9 ni I I is flailing AdltTess 15 1ST STREET SEAL BEACH, CA 90 49 Attention St^M a[1rc s.s .'t:atinrnrl pf in W ilC .54W. - Art f -ns d Catifrxnia ()ftice 15 jST STRF.FT • SEAL BEACH, SA 90140 1.''Ir1iYy'lell'.1 Ur t\�Ci'1}31Y�tif —_ — _ _ ._ ___ _ _ _____ _ ___. _ _ ?/:m:xrul ul %trlbn Nwri a Mnr,49w u' hielr Let A'- rea:: Brian Kyle 019 C•lewic Avenue Seal BLIaCh, CA. 907-10 Ro5adr) Ritchie 616 E_leCtrIC nverrae Sia Beach, CA 90740 Agent Name ROSARIO RITCHIE Agent Address 151ST STREET SEAL BEACH, CA 90740 Typ• L* eusnes s Type of Business RESTAURAI,T Erndi Nufiril:dfw� Opt -in Email Witicattions No. I do NOT r&w to receive enifty tltxifitations via Ln -Iasi_ I prefer notificatlons by USPS mail, ChefCxernwe orcer (CEO% C: ECT Andress - - %rw. Empted aW, duua=l'el it No Manager or Member of this Limited Liability Company has an outstanding final judgment issued by the DEuision of Labor Standards Enforcement or a court of Iave, for v4iich no appeal therefrom is pending. for the violation of any :nage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Christian J. Ziegler 10127/2022 Signature pate Page 2of2 The Beach House Lawsuit Participants SUPERIOR COURTOFCALIFORINIA COUNTY OF ORANGE CIVIL CASE ACCESS The Civil Case informabon Website contains case summary and register of action information for cases dating back to 1996 for untimited/complex civic actions and dating back to 2005 for limited cNil actions. Most documents filed on or after January 1, 2008 may be downloaded and viewed(fees apply). Additionally, documents purchased online can now be electronically certified (additional fees apply). For cases and documents filed prior to these dates; contact the court where the case was filed. Click here for more information regarding vietifingipurchasing documents as well as a notice of sanctions for including sociai security numbers and financial account information on documents filed with the court_ To access uniawful detainer r eviction cases. you must provide: the complete name of one plaintiff, the complete name of cne deferr°ant. and the exact address of the subject premises as provided on the complaint. How to order documents online (video tutorial) Q ► CASE S1,12,L PY ►-IREGISTEROFACTIONS fPARTICIPANTS Hili$ Case Name FyPe Assoc Start Uate End Date BEACH HOUSE AT THE RIVER, LLC CROSS - DEFENDANT 07,113/2023 BEACH HOUSE AT THE RIVER, LLC PL4,IN'nFF 013127/2023 3 CITY OF SEAL BEACH DEFENDANT 031127/2023 CITY OF SEAL BEACH CROSS - COMPLAINANT 07113/2023 MADDEN, ]ONES, COLE & JOHNSON RICHA.RDS, WATSON & GERSHON ATTORNEY ATTORNEY 03127/2023 06106/2023 View eService Address List I ► L-A" HEAR GS ► tic C nRT _ . - — — - - --� - `i Lisa Landau Form 700 112200456-NFH-0456 _ STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received CALIFORNIA • 700 Filing Official Use Only FAIR POLITICAL PRACTICES COMMISSION COVER PAGE E -Filed A Public Document D1 11::10:5510:553 Filing ID: Please type or print in ink. 207428703 NAME OF FILER (LAST) (FIRST) (MIDDLE) Landau, Lisa 1. Office, Agency, or Court Agency Name (Do not use acronyms) City of Seal Beach Division, Board, Department, District, if applicable City Council Your Position City Council Member ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position: 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Judge, Retired Judge, Pro Tem Judge, or Court Commissioner (Statewide Jurisdiction) ❑ Multi -County ❑ County of 0 City of Seal Beach 3. Type of Statement (Check at least one box) ❑ Annual:The period covered is January 1, 2022 through December 31, 2022. -or- The period covered is through December 31, 2022. ❑x Assuming Office: Date assumed 42 1 27 /2023 ❑ Candidate: Date of Election ❑ Other ❑ Leaving Office: Date Left —1_I (Check one circle) O The period covered is January 1, 2022 through the date of leaving office. O The period covered is of leaving office. and office sought, if different than Part 1: through the date 4. Schedule Summary (required) ► Total number of pages including this cover page: 2 - f Schedules attached E ❑ Schedule A-1 - Investments – schedule attached 0 Schedule C - Income, Loans, & Business Positions – schedule attached ❑ Schedule A-2 - Investments – schedule attached ❑ Schedule D - Income – Gifts – schedule attached ❑ Schedule B - Real Property – schedule attached ❑ Schedule E - Income – Gifts – Travei Payments – schedule attached .or - El None - No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET (Business or Agency Address Recommended - Public document) CITY STATE ZIP CODE Seal Beach CA 90740 E-MAIL ADDRESS I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date Signed 03/29/2023 Signature Lisa Landau (mordh, day, year) (File the originally signed paparstatement with your filing official) FPPC Form 700 - Cover Page (202212023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Deed of Trust LL Bob Griffith 8114/23, 6:16 PM RECORDING REQUESTED BY: Fidelity National Ilue Company Esc,mw Na.: 017174 004-01 1-28G Title No.; D037E004 WHEN RECORDED MAIL. DOCUMENT AND TAX STATEMENT TO - Bobbie Allen Griffith and [Item Ann Griffith 1226 Calabria Ave Seat Beach, CA 90740 APN. 133-163-14 Screenshot 2023-08-14 6.16.20 PM.png Recorded in Official Rectw tS, Orange Canty Minn NrMn. (Jerk -Recorder N! IINII I� I'111I N!N 25.00 U z4 3. 2023000091243 221 pm MOW 90 CRSC06 D11 AM 4 0.00 0.00 0,00 4.00 9,00 0,00 0,000.00.00 6.00 S h F .460Va 7-S LINE 50H FEC-UHULtr ' USE. - .. unda��y!lcil xrsalrc eaorrern� .a'Ler+l:c loiorr•q: wUr.pl ±!gym is E.rG 2T32®1;ay �l: rccrce.fhrn-rexun we,a 'r:.-„ra� :d far: prcpod}• �� is a !r. do�ol GVrcrSn7 3a an a�nf-r1eGaLUi DEED OF TRUST WrrH ASSIGNMENT OF RENTS (This Decd of Trust aanta.r* n SUE Cao-sALt' rum'.. This DEED OF TRUST, mada April 14, =J. between Christopher Elder and Lisa Landau, husband and wife ss joint tenants, houwn cafvd-RLSTOR, %*Bose address Is 1771 Gnetltview Avotsues. Ssa> t?t^•at:r, CA 907401771 CreSIVlaw Avenue (Numt:erand St vet) (Ci'y) (Stare? (7(4) Fidelity National Tice Company, a C 'ar ila Corporation, hemin c;€"ed TRUSTEE, and Sobbte Allsn G i-'f€rn Eileen Anr- r;-.!f,t^: lias)and and 4Vfr ars jaint lehLIm herein carred BENE=ICILRY, Tt€x-Mdi iffevocabry qm. nts, tran0am and iassps °g) Trustee in Tr,,st w1h Power of Salo, :^at rroperly in the City e, Seal Beach, County of Ckangpe. Ca€ifsmia, desvibsd a:a, SEE EXHIBIT A ATTACHED HERETO AND /MADE A PART HEREOF. PrvpaV Mos! Ctem"My Known Ase 1YY1 Crestview Ave Seal Beath, CA 90740 DUE Cm SALE: if the'rustorshol sell, envoy or alienate ta:d D�openy. or any past trwroof. or any interest Oarreln, or shaV. be divested of his title of any inttares: t? errin it) any rrlartner of way, whethar voluritarily cw inoloftiily, w±h5rt We wriaea consent ct the tenefluary b" first had and obtainrrd, beneficarf shall have the ri7M, at is ;€ypw—ts to declsre any InoWedness orobNa•iuns ser xad hor=sy, .rf95]e&-Ne of the malu" date 5880`r°^ in any note evide^ung the sauna, Imgiedtately dve and payat9e , Toytehe, rod' the reals, issues and VorG3 Vioreol, 'o !Ik nigral, povvef and aa:tM i'.y terrinwttur jiver, to artcl curl?e€rwJ - on Beneficiary to co4sct and app+y si&j rcr".x, issur_ and Profits. For the Purpose of Securing ,11 PSyrient of ttte indamearta&% usrrdonrc by ane prc.hseory note of even d3;e *trrp rti erreLuted by Tr,raor .n revor d Be^.e'chary or anter in the plirrdpal eum a, St 600 ;Z4 (2) Pe:'�.,rrrana; c' east. a7.eernent of Trustor cartamed rem.n at i7norpornted by rek--t mv, (3)=arma'r: of Btlw:tg)nal gauss may hereefte. be bwowed from genefiaary by lha C}4-1 reined avrar of said property, whet Eiyidcra; by xn,ztixmr perr'z�ory ^tile tat Notes' resiting :T is Bo secured of Trust, D"4 a17 -W i4ft A -,i Wir eat >O lists aFGJTDUG 11781 iiw. A'W'id) chrome:Nmedia-app 1/1 8/14/23,,6:17 PM Screenshot 2023-08-14 6.17.37 PM.png 70 Protect the security of thrs Used of Tnm % Trustor agmes: Ry the exer,;!crl and delivery of tk-S Used of Trust and the note secure'a hereCy, that pmviworls (^) z ;5). !ndusive- cif Sad!on A elld pruvhs cnY (1) to tfdl, Indualve, of SOMM 9 of She !1011ovs does of m sl recor!dsa in Sha bei* and at the page of DT -CW Records in the office of the f;aatty recorder c1S me roL-ry where said property is located. -oted be"v opOcs:s tag na,7w of such taxinty, vis-. COU2ily tDQOK PAGE OWNTv B[?CM PAGE COiL*ITY BCO-%' PAGE 4 JUN 1`+ BCaO-', PAi;:F AMMeda 122M 655 xi -M m Tl PlXp IMM Yid U" I$ +g Awrea 5 _91 -St !-aka C17 1'_ pt-rmi lx. li_v Srrlcya<., � � Amason 'ss a38 Ua1ar� t;7 �T �Ndrit.]4 :F48 .y','yyT 441 u.+7k! i3?D 513 tat T-iS7n 6'4 c�-�.�1p 1:_10.35 315 61 �rmw [�� 2wy 477 47T /4v.fio ta{ereerss 1Hi _S3 \Sado. 8;' iw San YerJb 7:9 aL6 FTar;�M.s h>jte so `-d.FSa iii ` flf.':- 13Ca '22 San i2-,3 7$1 :OA, Bar-cmpr S;f..r t a 3Fws 1 I4irk,)Ix,9 !n a_3 4;r Fra-�xa 0.a;.s :3i 7srsnu MT lid Casts D"lNo" iC• Gsc 1Nrr.>rYici•c ser C7 Ss^-kvTir-, 23V eri7 inti, Irl! M-5 EI iTOM"� N 05 Mr. rr.7 'em 7S5 Sr Lue +7" t.W filac 11Ys Frmnv Vk2 &Ii rL(rdx lai 35 OCAsp9 53•. fAuf4m :7 E8 +7s ort 1Ti 1io., Own 10 7€ Mar,, rA ra Sara Uaprt 4M N1 van rA mt 1117 !ium� MI a3 Mads- :,7 :s11 S.r+3 Gina 6Dd i64 Yarn 7R. 14 i Tc"1131, 7cl 1Jpa :h1 7L• aiYa Cns +i'm UR YUUR aA1 641 Npl iaS 673 %n-wla 157 UK 6uy K -.:n 17se on CPange 718: 18 Sy, Okk9° SE+IES 5 ncak 1°C4, PUe ' c 4n i (rrhtch amvstOns, Ida*ircal m al uuinf)es are prin%d on the reverse h4tre06) horaby aro ndepted and i noofpo.•atad htrein and made a pall ."roof as UI V SS 7haugh sot forth It&" at teflgtr: that he W:' obserm -d Po"Orm 984 P-1511-4: sid Lhat ^ee fel IM" to prom -y. ObllgazL-m, 8rd paouea )nbald goosone scall twf uirsilued to refC l4 V e gopbAY. *mob:gations. and parties set forth in m (seed ul Trust. The undersigned Trustor, rewasls that a ropy of any r oG.e of default and any nghc; of ssfe hereunder be maifed to him at CMS nory nbofrrn cwt forth, cMi,tophe •der =stet a1 l nal q+lh Aa>!i;1+'+fnt 9f 3:A•iA 57 J:3TL s t.:61 p4m 4mu) Laic Sated: 40r✓2M Y:2T vfA ty KT Eneniwr 33' UU3r40441'.-4S.' chromeWmedia-app 1/1 8114/23, b:18 PM Screenshot 2023-08-14 6.18.01 PM.png r A no" public or Whey ollkw. compcetog this oomfcate vonRes enty No i ently of the ;ndivldunl who elgroed the rtownmt to whch this OWicato is ntlachod, a d not the IruthfuMeaa. ata actr. orvaGctyof :hat dommuoL J Siste of c3c'ona. cowty 01 TOM *5 Or me, a NoUvy aubtc persaneny appeard _ Barr OM lx -_lit sir i who pvvsd to me on the t�asa of saliafactory ev:'. once to be the persons) wrrssa nwno(s)'s+are suDs:lit*d to she. within Irdtrunient and WknoModged to me lhol hurelxa9hey exec.tea the sum in hW w ,'Iboir auftdzed CtlW-`ty(ies), sne [hst ty hi hevhholr stg*aturo(s) on the inst.-jwenl t^e pc-rsorft). or tee on* upon whatl of which trc .-4r%cn(z) .wild. uee ged Lht' altumer:, t cenHy urger PENALTY O€ PERJURY under the laws of the State of CaVorma that the b%going poragrraph is true aN correct. WITNESS my hand and nfn�w sebi. F ut &&-SUM m. CAecd QC Tr&k w,r hm%nrrwv cl Pvr.;s Last aarrd: A-IWZM "t VIM by KT SFUMVIOS r= Rev. 4MOI f 0; Esq M No.: Wj rCSlp4411-234 chrome://media-app L1 8/14/23, C:18 PM Screenshot 2023-08-14 6.18.34 PM.png EXHIBIT A LEGAL DESCRIPTION THE : AN-) RF,ERRFD TO 4EREIN BELOW IS S! 1 UA -ED SEAL BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORN A, AN -.):q Di:SCR H -.-n AS FOLLOWS LOT 321 OF TRACT 25W. IN ?HE CETY OF SEAL ECAC". COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED LAI Roo?, PAGES 33 TO 30 INCLUSIVE OF MACELLANEOUS MAPS. IN TME OFFICE OF THE COUNTY RFCORCrR OF SA0 ORANGE COUNTY. �+nvd at T•.n. » :-.l.��rrt c�: of ftanls SFOOMLS IDSA RW,. a-. ie) E *O &Vohd V1 WZ323 727 PM by KT ; *U" MI: D0374G04.01`2&G chrome:!/media-app lii