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AGMT - Stantec Consulting Services, Inc. (San Gabriel River Trash Mitigation Feasibility Study)
PROFESSIONAL SERVICES AGREEMENT for San Gabriel River Trash Mitigation Feasibility Study (CIP S132501) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Stantec Consulting Services, Inc. 38 Technology Drive, Suite 200 Irvine, CA 92618 (949) 322-8083 This Professional Service Agreement ("the Agreement") is made as of November 12, 2024 (the "Effective Date"), by and between Stantec Consulting Services, Inc. ("Consultant"), a New York corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain design professional 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 on July 16, 2024, for the San Gabriel River Trash Mitigation Feasibility Study (CIP SD 2501) and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated September 10, 2024 to perform the design professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those design professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those design professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal"), attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the following City project: San Gabriel River Trash Mitigation Feasibility Study. 1.2. Aareement Documents: Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all addenda, standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C), all of which are incorporated herein by this reference. 2 of 23 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the RFP); and then (iv) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, and C on the other hand, the Agreement shall control. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless 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 3 of 23 2.1. Original Term. The term of this Agreement shall commence on November 12, 2024, and shall remain in full force and effect until June 30, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $349,933.00 (Three Hundred Forty -Nine Thousand Nine Hundred Thirty -Three dollars and 00/100) for the Term. Payment for any additional work authorized by City pursuant to Subsection 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 Term. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant 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 Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 4 of 23 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 Subsection 5.1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. 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. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. 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 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 City's representative for purposes of this Agreement. 6.2. Mohammad Heiat is the Consultant's primary representative for purposes of this Agreement. Mohammad Heiat shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager 5 of 23 To Consultant: Stantec Consulting Services, Inc. 38 Technology Drive, Suite 200 Irvine, CA 92618 Attn: Mohammad Heiat 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform 6 of 23 such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, 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 Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), 7 of 23 commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERI_, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant 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 final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant 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 11.1. 8 of 23 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all 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. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, 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. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and 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, Consultant, at its expense, shall: (i) 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 (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant 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 Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law 9 of 23 requires disclosure. Consultant, its officers, employees, agents, servants 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 City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, 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 work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 10 of 23 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. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, 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 11 of 23 least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant, 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, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 12 of 23 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) 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, servants, 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 City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy 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, servants, 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. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights 13 of 23 of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure 14 of 23 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 Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. 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. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 15 of 23 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.3. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual 16 of 23 shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 17 of 23 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 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 18 of 23 interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 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 by virtue 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 (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 28.0 Prohibited Interests; Conflict of Interest 28.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 28.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 19 of 23 28.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 29.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 30.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 31.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 32.0 Mutual Cooperation 20 of 23 32.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 32.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 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 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 37.0 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. 21 of 23 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 22 of 23 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 - 0 P trick Gallegos,.-.—,-- -" Interim City Manager loria D. HArper, Approved as to_f9rm: Nicholas Ghirelli, City Attorney CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Ed Othmer Vice President Mohammad Heiat .* nPrincipal F note, two signatures required porations pursuant to California tions Code Section 313 from the following categories. (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 EXHIBIT CITY REQUEST FOR PROPOSALS FOR THE SAN GABRIEL RIVER TRASH MIGITATION FEASIBILITY STUDY City of Seal Beach Request for Proposals for San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501) Professional Engineering Services SEAL_ Q;I%VF RN� RFP responses to be received until 2:00 P.M. - August 27, 2024 in the Public Works Department ATTN: Iris Lee, Director of Public Works Approved for Advertising: Iris Lee Director of Public Works Date Issued: July 17, 2024 Public works Table of Contents I. INTRODUCTION.....................................................................Page 2 II. QUALIFICATIONS...........................................................................5 III. SCOPE OF SERVICES....................................................................6 IV. PRE -PROPOSAL QUESTIONS........................................................13 V. SCHEDULE..................................................................................13 VI. SUBMITTAL REQUIREMENTS........................................................14 VII. FEE PROPOSAL...........................................................................16 VIII. INTERVIEW.................................................................................16 IX. SELECTION PROCESS..................................................................16 X. GENERAL CONDITIONS................................................................18 EXHIBIT A — Sample Professional Services Agreement EXHIBIT B — Terms for Compliance with California Labor Law Requirements a , Pobllo works REQUEST FOR PROPOSALS for San Gabriel River Trash Mitigation Feasibility Study (CIP S132501) PROFESSIONAL ENGINEERING SERVICES I. INTRODUCTION The County of Orange has provided funds to the City of Seal Beach (CITY) to execute early phases of an initiative to mitigate trash being transmitted along the San Gabriel River (or "SGR") and entering the Pacific Ocean or being deposited on the CITY's public beaches. To support these efforts, the CITY is seeking qualifications and proposals, via this Request for Proposals (RFP), from firms to conduct a comprehensive feasibility study and recommend implementable alternatives aimed at addressing the persistent trash issue in the San Gabrel River outlet to the Pacific Ocean and adjacent public beaches. These collective efforts are referred to as the San Gabriel River Trash Mitigation Initiative ("INITIATIVE" or "PROJECT"). This initiative underscores the commitment of Seal Beach and regional partners to environmental stewardship and the preservation of the natural resources vital to the community's well-being. The selected firm will play a pivotal role in assessing the extent of the problem, evaluating effective strategies, and recommending measures to mitigate trash pollution in collaboration with key stakeholders. The CITY invites experienced and innovative firms to respond with proposals that align with the CITY's vision for a cleaner and healthier San Gabriel River. BACKGROUND The San Gabriel River serves as a vital waterway in Southern California, but its outlet to the Pacific Ocean has become heavily polluted with trash and debris — especially during heavy rain events, posing significant threats to both marine life and human health. The San Gabriel River watershed, spanning across Los Angeles and Orange Counties, also faces additional environmental challenges, including pollution from urban runoff, industrial discharges, and other point and non -point sources. The CITY is currently experiencing undesirable levels of trash on its public beach, with the most evident contributions from the San Gabriel River outlet. The presence of this trash has far-reaching consequences for the local ecosystem and beyond. Marine animals are vulnerable to ingestion of plastics and other debris; trash buildup poses risks to public health and safety by creating breeding grounds for disease -carrying pests; non - biodegradable material buildup increases the likelihood of flooding and blockages in stormwater drainage systems; and trash -laden waterways and beaches diminish the aesthetic value of surrounding public spaces and negatively impacts tourism and recreational activities. The CITY has identified this issue as a strategic priority for its community and intends to research, evaluate, and recommend solutions to mitigating this issue through an initiative that will require regional partnerships, multiple funding sources, and enhanced cooperation between the Los Angeles and Orange Counties. See Figure 1 — Project Location Map 2 of 41 Public works Figure 1 — Project Location Map L) B7eLT;e*ek M Tsr 'D I i 121 1111tos Alhllh5t z,ullerto/7 Hjh '-reek,- -9 S L.. i Arls'a 91, 0 4 CD ewood CD mrz 81"1 J Creek Los Angeles 0oav 'r,"A County Orange County C..L— Ca. S,-- A. cvp.- El W.I.' -N, A, 7 Cypress A. 0 Pm r.d 0� % .. i Aim. Gee Carbon Creek t EI P.6 TIk Sea-- KateraAve— Stanton Is K.tHl stittilu - it Rossmoor Nero CV11 Jwrik F,.—. C"W" T....0 C-IIII, crop iii— A .ftw u'...ei st troch VA L..g 08 FiL.— P- A -h . Ede., P_ Park 22,W E 4th E SA M... 1.1, W,. Jr Anal'eJm Seal Be t I r, ILI 'It,, Project Area IA L iJ, Source Esri TODoaraphic Sawmao (2023): National Hydrologic Dataset (2024) Project Location County Boundary Miles FIGURE 1 O 0 0.75 15 Project Location Map Map Disclaimer. This map is intended for general siting purposes only, 3 of 41 ��� �Publlc Works TIMELINE FOR OVERALL INITIATIVE The following longer-term actions and timelines were identified by the San Gabriel River Working Group: • Final design and Permitting Phase in 2025 • Construction and/or Implementation phase in 2026-2027 • Project Closeout, Final Inspection, and Certification in 2027 Proposed 2024-2025 schedule for the feasibility study phase and associated elements 1. Initiation and Planning (Month 1-2) 2. Feasibility Study foundational activities (Month 3-6) 3. Development of Implementation Plan (Month 7-8) 4. Community Engagement and Public Outreach (Month 9-10) 5. Recommendation of strategies for evaluation in Final Design (Month 11-12) 6. Support with elements to inform the Design & Construction Phases (Ongoing) OBJECTIVES The primary objectives of the Feasibility Study Phase of the San Gabriel River Trash Mitigation Initiative are as follows: • Assess the extent, distribution, and sources of pollution within the San Gabriel River [and watershed tributaries], including both point and non -point sources of contamination. • Develop and implement comprehensive water quality monitoring program to assess the impact of trash debris on water quality parameters • Identify potential cleanup strategies and technologies suitable for addressing the identified pollution sources, considering the unique characteristics and challenges for the San Gabriel River watershed (i.e., dry, and wet channel conditions). • Evaluate the environmental, social, and economic implications of implementing a trash mitigation initiative within the San Gabriel River [and watershed tributaries]. • Engage key stakeholders, including local communities, government agencies, environmental organizations, and businesses, to gather input and support for the proposed cleanup initiative. • Develop a comprehensive feasibility report outlining the findings, recommendations, and next steps for the San Gabriel River Trash Mitigation Initiative. 4 of 41 Publio works II. QUALIFICATIONS MINIMUM QUALIFICATIONS • Valid California Professional license for the applicable discipline(s). • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum of ten (10) years of related professional services experience with similar environmental projects or studies. • Proficiency with applicable regulatory agencies' rules and regulations, or ability to subcontract a firm to provide such services. • Knowledge and experience in conducting environmental feasibility studies, particularly related to river cleanup projects and/or watershed management quality initiatives. • Demonstrated capacity to collect and analyze environmental data, engage stakeholders, and develop actionable recommendations. • Ability to prepare a proposed work plan, including verification of plan quality and feasibility. • Skill in developing cost-effective solutions for complex challenges in river or coastal environments. • Adequate availability of key team members. DESIRABLE QUALIFICATIONS • Knowledge and experience with the City of Seal Beach's standards and practices. • Experience in completing similar projects within Southern California or comparable coastal regions. 5 of 41 ., Public works III. SCOPE OF SERVICES The selected firm will be responsible for the following tasks: Task 1: Assessment and Data Collection 1.1 Assess the San Gabriel River's current condition [regarding non-structural elements]. a. Assessment should include, but should not be limited to, the following: water quality, hydrological data, habitat conditions, and pollution sources within watersheds. i. See Table 1 below for suggested assessment parameters and sources. b. Propose condition assessment methodology (i.e., remote sensing techniques, field surveys, and GIS mapping). Table 1. Suggested Parameters and Sources 6 of 41 Data Type Available Data Sources* Flow velocities / discharge N/A rates (high tide and low tide) Hydrological Water level N/A Data Tidal data N/A Rainfall data N/A Pollution Real time camera footage of N/A Data River during rain event Beach Cleanup data N/A General Bathymetric data N/A Data Layers/ Los Angeles Regional Imagery Acquisition Consortium (LARIAC) https://Iariac-lacounty.hub.arcgis.com/ Elevation / Lidar Orange County Public Works Geospatial Data Downloader https://ocpw.maps.arcgis.com/apps/webappviewer/index.html? id=a7151892d7774656b095f493c34bac4e Catchment / Watershed USGS Watershed Boundary Dataset (WBD) boundaries https://www.usgs.gov/national-hydrography/watershed- boundary-dataset Waterbodies / River USGS National Hydrography Dataset centerline https://www.usgs,gov/national-hydrography/national- hydrography-dataset River Structures and N/A dimensions Low Income Census Tracts https://www.census.gov/geographies/mapping-files.htmI Park and Open Space Areas https://www.calands.org/ Existing Land Uses https://hub.scag.ca.gov/datasets/ea9fda878cl947d2afac 5142fd5cb658-0/a bout *Disclaimer: Sources provided for General Data Layers are readily available data sources. This is not a comprehensive list. 6 of 41 Pobllo works 1.2 Identify and map sources of pollution. a. Include point sources (e.g., industrial discharges), non -point sources (e.g., runoff from urban areas, illegal dumping), and identify other potential contaminants. i. If encampments of persons experiencing homelessness are determined to be a source, explore solutions and document trash mitigation issues related to the encampments, outline clean-up programs, and identify areas of significant trash accumulation. b. As part of Task 1, the proposed data collection (e.g., water quality sampling) and potential trash locations presented in Figure 2 will need to be evaluated for applicability, ability to be implemented, and long-term access. Trash collection locations are initial targets only — final locations are to be determined by the Feasibility Study process and results. NOTE: Figure 2 identifies proposed data collection locations and potential trash collection locations within the PROJECT area and Figure 3 provides information for Generally Available GIS Data identifying land uses and high-level demographics. 1.3 Access to the San Gabriel River. a. The primary stretch of the San Gabriel River from the Pacific Ocean to the major split with Coyote Creek, and the continuance of the San Gabriel River to the north, are considered Los Angeles County Flood Control District facilities. A permit is required from Los Angeles County to access these facilities. b. The section of the targeted waterways, known as Coyote Creek, which travels northeast from the intersection with the mainline San Gabriel River is an Orange County Flood Control District facility. A permit is required from Orange County to access this facility and its tributaries. 7 of 41 Public works Figure 2 — Data & Potential Trash Collection Locations (Actual locations will be determined through the completion of the Feasibility Study process and results) Port sea[Be QetAn (E) Possible Trash Collection Locations San Gabriel River and Tributaries County Boundary 0 075 15 Map Disciaimer This map—t-lended tor general Sling Purposes arty 8 of 41 FIGURE 2 Possible Collection Locations P CM M -Ni CE.. Its (P lFullerto ena pa"k ek,".. C,GreetL.. Ce Artesia "Creek B-- Fk AI Far Los Angeles I County HaAai,a. Orange -S 71 � 7.1.1 L— -A—County A Carbon 6'r o K G•IFomq C0 7 VA tAw �h Q) —,VM—CA Cut, Nest instei Port sea[Be QetAn (E) Possible Trash Collection Locations San Gabriel River and Tributaries County Boundary 0 075 15 Map Disciaimer This map—t-lended tor general Sling Purposes arty 8 of 41 FIGURE 2 Possible Collection Locations * V f '9 � IL�+CiG/C�Pi.�ir/b,. Public works Figure 3 — Generally Available GIS Data ❑ c ' O t1 Ah,am J a ravaa p a l u _ , cA. ilea ..,n.n 1 t Lak .wood o �••� •j W Naim) A, awes Peri W -1— a. 1 ~ j GCIMcr a. F »aid 3 Los Angeles M a. County'' dL.ann EP Orange tacker, FNerir rm• Carx 1 _ t�"+DW .__County—..•IR..�. � _ e C3 9•cq � E.'YJ 1 ry F tn,l ' IUI 1 Aepe ,i • O Q A 1 0 C L • L4 rl its F $pnry St �] L R-rneWt h.y �ys--E. • • .,__ tesla Avec�t_ -se IP v to 1 k Ane tc„9t I � vnta� D i.lu{nnu -Fro 4'. d Stu vewemq G - • Ll -1n 0 6 t 4 i V=ha t Old Fnn<N 0 Ha•IIMa• Gounfry rpm_`.(. P 4th St o N 0 i m S c , +:.c- �EdfIQ 67 .. e .q gr, v d a•v s Source, Esti Topographic Basemap (2023); National Hydrologic Dataset (2024): SCAG (2022). US Census (2020): CPAD (2023) e Q• Potential Trash Collection Locations Parks and Open Space Areas San Gabriel River and Tributaries O with Public Access Miles j_„': County Boundary Low Income Community Census Tracts FIGURE 3 v o 0.75 t.s Industrial - Existing Land Use Generally Available GIS Data Map Disclaimer This map is Intended for general siting purposes only. 9 of 41 Pub/lo Works Task 2: Technology Research and Impacts 2.1 Review cleanup technologies and best practices to establish suitability, applicability, and effectiveness criteria for addressing the identified pollution sources within the PROJECT area outlined in Figure 1. a. Engage industry and academia professionals and experts to develop innovative solutions and approaches to define the issues, methodologies to develop post -implementation performance criteria and evaluation metrics to assist in identifying the most feasible and cost-effective alternative(s). 2.2 Assess potential environmental and recreational impacts of ongoing trash collection devices or activities, including: a. Risks to habitat and / or wildlife; b. Recreational activities (e.g., boating, non -motorized water sports, navigability); and C. Water quality. Task 3: Estimate Costs and Identify External Funding 3.1 Conduct a cost -benefit analysis to evaluate the economic feasibility of implementing proposed trash mitigation solutions. 3.2 Identify potential funding sources for the initial project and ongoing program elements (i.e., local, Regional, State, and Federal options), including: a. Homelessness trash mitigation program funding; b. Clean Water program funding; and C. Community Group and Volunteer Funding and Cleanup Programs. Task 4: Stakeholder Engagement and Industry Outreach 4.1 Engage with local stakeholders, including government agencies, community organizations, and businesses, to solicit input, address concerns, and build support for the cleanup initiative. 4.2 Facilitate and / or attend public meetings, workshops, stakeholder interviews, and working group meetings including the following initial key members: a. State Assemblymember's 69th District and 72nd District b. State Senator District 36 C. County of Orange (1st District) d. County of Los Angeles (4th District) e. City of Seal Beach f. City of Long Beach g. Surfrider Foundation (North Orange County & Long Beach Chapters) h. Lower San Gabriel River Watershed Management Group i. Lower Los Angeles River Watershed Committee — as needed 10 of 41 Y Psbl/c WerKs Task 5: Alternatives Analyses and Report Development 5.1 Establish criteria/goals of alternatives and develop approaches to implement the strategies to be moved forward to the Design Phase. 5.2 Develop a comprehensive feasibility report summarizing the study findings, including recommendations for trash mitigation / cleanup strategies, implementation timelines, cost estimates, and future stakeholder engagement approaches. a. CONSULTANT shall prepare a PROJECT Report with an executive summary. The report shall provide complete documentation of the PROJECT, including, but not limited to the following: i. Project scope, objectives, locations, findings, recommendations, and data collected. ii. For each mitigation location: identify implementation challenges, regulatory permitting and compliance approvals, approvals from agencies having jurisdiction, right-of-way acquisitions, technology recommendations, and future guidance of operations & maintenance activities. iii. Rough order of magnitude costs and benefit estimates for recommended alternatives. iv. Recommended implementation schedule and improvement phasing, including targeted dates. v. Targeted procedures for continuing maintenance, surveillance, and evaluation of the mitigation devices or associated operations. b. CONSULTANT shall update the PROJECT Report per CITY comments and submit a final version with all appendices in electronic and hard copies. c. CONSULTANT shall prepare a PROJECT Summary Sheet, one (1) sheet front and back that describes the PROJECT and recommended improvements. 5.3 Provide a rough order of magnitude cost estimates and timelines for a minimum of three (3) of the recommended strategies. Deliverables for this task shall include, but are not limited to the followina: ■ Draft and Final PROJECT Report (one (1) electronic master, two (2) hardcopies) ■ Draft and Final PROJECT Summary Sheet ■ Draft and Final Summary Report identifying agencies responsible for ongoing operations and maintenance of San Gabriel River facilities in the PROJECT area, including a proposed cost apportionment framework for operations and maintenance of recommended trash mitigation technologies ■ Electronic versions of all PROJECT data files Task 6: Project Management Project Management is ongoing throughout the duration of the PROJECT. This task includes day-to-day project management, such as meetings, progress reports„ tracking of schedules, invoicing, and overall administration of the PROJECT. The PROJECT management team, comprised of CITY personnel including internal consulting support firms, and the SGR Feasibility Study Consultant (CONSULTANT), will act in the best interest of the CITY in the oversight of the PROJECT and at meetings. The following list is a minimum of what is required under this task: I l of 41 Pukllo works 6.1 The selected CONSULTANT for PROJECT shall prepare a detailed budget and schedule estimates for all tasks, providing specific project milestones for review and approval by the CITY. These items shall be detailed and include expected meetings, activities (by work task, whether performed by CONSULTANT team or by others), start dates, activity durations, product submittal dates, relationships among work tasks (including critical path items), and presented in a schedule outlining PROJECT task. 6.2 CONSULTANT shall lead a PROJECT Kick -Off Meeting (in-person) with all applicable parties. The first meeting will be to initiate the PROJECT activities with the CITY, including efforts to; establish communication channels and protocols; discuss the Scope of Services, PROJECT schedule, and PROJECT budget; coordination with other applicable agencies, gather available information; and obtain a thorough understanding of the goals for the PROJECT. Administrative items to be discussed will include contact persons and secondary contacts for distinct functions of the PROJECT. Invoicing and reporting, with explanations on how to provide monthly information on prime, sub -consultant, and vendor expenses on the applicable submittals will be discussed. 6.3 CONSULTANT shall lead project meetings (combination of in-person and/or virtual depending on meeting attendees, agenda topics, and meeting objectives) as directed by the CITY to include CONSULTANT staff, CITY staff, and other PROJECT -related participants. The purpose of these meetings will be to ensure that proper input is being received and included in the work effort by CONSULTANT and CITY. a. CONSULTANT shall prepare agendas, provide status updates, discuss the progress and direction of the work, and provide notes of these meetings as directed by CITY to all PROJECT -related participants. b. At a minimum, a total of 12 PROJECT meetings (combination of in-person and/or virtual depending on meeting attendees, agenda topics, and meeting objectives) should be scheduled and budgeted. CONSULTANT shall evaluate the PROJECT needs and propose the appropriate number of discussion sessions to properly facilitate the PROJECT. c. Outreach and Stakeholder meetings should be in-person (as a primary option) and quantified by the proposer to ensure that all outreach engagement objectives for the PROJECT are satisfied. 6.4 CONSULTANT shall keep a running record of PROJECT costs broken down by task. This information may be requested by CITY at any time. 6.5 CONSULTANT shall submit monthly invoices in an acceptable format, including a detailed progress report for the reporting month, all third -party invoices, schedule updates, and other backup documentation as requested by CITY. 6.6 CONSULTANT shall create and maintain a file -sharing portal that shall be used for all PROJECT correspondence, file transfer, and schedule management. Platform shall be approved by CITY prior to implementation. 12 of 41 n C� (SGQUt�.�'9PAf.a Pottle works Deliverables for this task shall include but not be limited to the following: ■ Detailed work plan outlining methodologies, timelines, and deliverables for feasibility study, including stakeholder engagement activities. ■ Documentation of all data collected, including: Water quality reports, graphics (i.e., pollution data mapping), and stakeholder engagement records. ■ Meeting agendas and meeting materials for PROJECT Kick-off Meeting(s). ■ Draft and Final Detailed PROJECT budget and schedule. ■ Monthly progress reports, including detailed status of the work effort, budget outlook, issues / recommended solutions, and an updated schedule. ■ Meeting materials, including agenda, action items, graphics, presentation aides, and notes/minutes for periodic progress meetings or stakeholder meetings. ■ Retain and provide electronic versions of all data files as directed by CITY - All documents provided in electronic form should be developed via programs currently utilized by the CITY: Microsoft Office Professional format, and Adobe Acrobat portable document format (pdf) files. ■ All electronic data produced for PROJECT shall be provided to the CITY on Flash Media or similar hardware non-volatile memory device. ■ Monthly invoices, including all third -party invoices and supporting documentation as requested by CITY. ■ All reporting and close-out documentation in compliance with CITY and regulatory agency requirements. IV. PRE -PROPOSAL QUESTIONS For answers to questions or clarifications regarding this Request for Proposal, all interested parties are to contact: Shane Silsby (Program Management consultant for City of Seal Beach) Silsby Strategic Advisors, Inc. shane(a-�silsby-sa.com (949) 734-0534 Also, provide a copy of any questions and clarifications to Iris Lee at ilee@sealbeach.gov The CITY will respond to all questions and requests for clarification received by August 14, 2024. V. SCHEDULE The following dates reflect the anticipated schedule: • Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Consultant Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed 13 of 41 July 17, 2024 August 14, 2024 August 27, 2024 - 2:00 PM (PST) September 2024 October 2024 November 2024 dv„ Pdb/I works VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00 PM on August 27, 2024, to the following. Postmarks will not be accepted. Iris Lee Director of Public Works Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) original, three (3) hard copies, and one (1) electronic copy of the CONSULTANT'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 consultant. All property rights, including publication rights of all reports produced by the selected CONSULTANT in connection with services for the PROJECT performed under future associated contracts shall be vested in the CITY. Protest procedures and dispute resolution process shall follow 2 Code of Federal Regulations (CFR) Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted in Response to this RFP In responding to this RFP, the following information shall be provided, at a minimum: Cover Letter: Cover letter shall not exceed two (2) pages and shall provide an executive summary of the CONSULTANT's proposal and designate the firm's authorized representative regarding this RFP. ■ Table of Contents: The table of contents shall list the proposal sections with page numbers and title information from each section. 14 of 41 vo Public Works ■ Staffing Plan: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this PROJECT, including key subconsultants. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the consultant's project manager. ■ Resumes: Resumes of proposed primary staff identified in the Staffing Plan. ■ Firm Qualifications: Provide a summary of the firm's qualifications, including background and experience. ■ Schedule/Hours: Provide an anticipated schedule and number of hours necessary to complete each of the anticipated tasks / phases, and the overall PROJECT timeline. ■ Project Understanding / Approach to Scope of Services: Describe the CONSULTANT's understanding of the PROJECT identifying and any key issues that may need special attention. Describe how the CONSULTANT and team will approach the scope of services, including tasks needed to complete the PROJECT. Also clearly identify any task assumptions and / or modifications, as applicable. ■ References: CONSULTANT shall provide a minimum of three (3) reference projects / services from public agencies the CONSULTANT has performed work of a similar nature for within the last five (5) years. The necessary reference information shall include, at a minimum: o Agency name o Scope of work and/or services provided o Role as prime / subconsultant. o Project outcome (i.e., delivery of project scope within established schedule and budgets) o Professional services, contract value, and any addenda / amendments o Dates of project services o Staff assigned to reference project that will be designated for work resulting from this RFP o Public agency project manager name, valid telephone number, and current email ■ Exceptions: The CONSULTANT shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or CITY's standard professional services 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 CONSULTANT firm. ■ Fee Proposal: In order to assure that the City of Seal Beach is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the fee proposal shall include a cost breakdown for each task identified in the RFP. CONSULTANT and team members will be required to submit certified payroll records, as required. 15 of 41 - Public Works ■ Contract Signatories: Provide the two (2) binding signatories for the CONSULTANT firm, pursuant to California Corporation Code Section 313. ■ Business Entity: Clearly indicate the CONSULTANT firm's business entity type (i.e., a California corporation). VII. FEE PROPOSAL In preparing the Fee Proposal for this project, the CONSULTANT shall comply with the following: ■ Compensation for services, and any optional tasks, provided on a time -and - materials, under a not -to -exceed total amount. ■ Proposed billing rates shall remain effective for the term of the resulting contract. Any anticipated billing / rate adjustments shall be clearly identified in the Fee Proposal. ■ The CONSULTANT's standard billing rates for all classifications of staff proposed to be involved in the PROJECT shall be included in the Fee Proposal along with any mark-up rate for non -labor expenses and sub -consultants. ■ If necessary, the CITY will enter into negotiations to establish the final fee for the PROJECT. ■ Fee proposal shall be submitted in a separate sealed submittal from the technical proposal and marked as "SGR Trash Mitigation Feasibility Study - Fee Proposal." The fee proposal is confidential and will be unsealed after all technical proposals have been reviewed, and the most qualified CONSULTANT and supporting team has been preliminarily selected. VIII. INTERVIEW Top ranked consultant team(s) may be interviewed by the CITY selection panel. In this venue, proposed key personnel from the Project team may be requested to present the CONSULTANT teams' qualifications and answer questions related to the CONSULTANT's proposal. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. 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 and 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. 16 of 41 Public Works PROPOSED EVALUATION CRITERIA AND PERCENTAGES 1. Completeness of Response (Pass/Fail) — 10% 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 items listed below will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Team Qualifications & Experience — 25% a. Local Presence - A statement addressing CONSULTANT's ability to effectively conduct the PROJECT for the CITY based on CONSULTANT location housing key Project staff. b. Relevant experience, specific qualifications, and technical expertise of the firm and sub -consultants to conduct professional services for similar projects. c. References from at least three (3) public agencies that the CONSUTANT is currently or has previously provided similar services to in the past five (5) years. 3. Organization (Key Staff and Service Areas) & Project Approach — 25% a. Roles and Organization of Proposed Team. i. Proposal of adequate quantity and appropriate disciplines of Project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team and its relevance to CITY needs. b. Roles of Key Individuals on the Team. i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project. ii. Key service categories required to execute the Project team's responsibilities are appropriately staffed. c. Project and Management Approach. i. Team is managed by an individual with appropriate experience in similar projects and appropriate availability of time committed to this project. ii. Project team and management approach responds to identified and presumed PROJECT needs. iii. Team structure provides adequate capacity to perform both volume and quality of work needed within project schedule milestones. d. Working Relationship with City of Seal Beach. i. Project Team key staff have experience working in the public sector and knowledge of public sector procurement and project delivery processes. ii. Project Team leadership understands the nature of public sector work and its decision-making process, including the impacts of stakeholder engagement activities. iii. Proposal responds to need to assist the CITY for the duration of project, including requested support for future phases of the PROJECT. 4. Scope of Services Understanding & Delivery —40% a. Describes familiarity of PROJECT elements and demonstrates understanding of work to be completed and overall PROJECT objectives. b. Detailed Scope of Services. i. Proposed scope of services is appropriate for all tasks / phases of the PROJECT. 17 of 41 Public Works Ks ii. Scope addresses all known PROJECT needs and demonstrates reasonable timeframes for achieving completion of tasks as set forth in the PROJECT schedule. Project Schedule. i. Schedule shows completion of the work within or preferably prior to the CITY's overall time limits. ii. The schedule serves as a project critical path timeline, stating all major milestones and required submittals for project management overall alignment with future PROJECT phases. iii. The schedule addresses all knowable elements of the PROJECT, in accordance with the general requirements of this RFP. Cost Control and Budgeting Methodology. i. Proposer has a system or process for managing costs and overall budget adherence. ii. Evidence is provided of successful budget management for a similar project. The CITY reserves the right to determine whether or not a submitted proposal meets the specifications and requirements of this RFP and may reject any proposal that, in the CITY's sole opinion, fails to meet the detail or intent of the requirements. The CITY reserves the right to reject any and all proposals. All proposals received meeting the minimum requirements as outlined in the RFP will be evaluated by a CITY selection panel in accordance with the abovementioned. During the evaluation period, the CITY may elect to do any or all of the following: generate a "short list," conduct interviews with the top ranked CONSULTANT submitting proposals, and / or conduct on-site visits and tours of the CONSULTANT's places of business. CONSULTANTS should be aware that a contract award may be made without these described interviews, visits, further discussions, or negotiations. X. GENERAL CONDITIONS A. Signature The response to this RFP shall be signed by an individual authorized to bind the CONSULTANT. B. Other Considerations: The CITY shall not be liable for any pre -proposal or pre -contractual expenses incurred by any CONSULTANT 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 CONSULTANT firm responding to this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the CITY to pay a business license tax. For more information, go to www.sea]beachca.gov. 18 of 41 . P ift works 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 CONSULTANT 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 PROJECT to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by CITY with respect to or in any way arising from the PROJECT's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. CONSULTANT 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. The 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, CONSULTANT 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 CONSULTANT 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 consultant 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 consultant and each subcontractor, if any, in the bid proposal. 19 of 41 Public works EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT This Professional Service Agreement ("the Agreement") is made as of <INSERT DATE> (the "Effective Date"), by and between <CONSULTANT'S COMPLETE LEGAL NAME> ("Consultant"), <TYPE OF LEGAL ENTITY AND STATE OF FORMATION (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 professional 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 on July 16, 2024, for the San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501) and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated <DATE> to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional <TYPE OF SERVICES> <AND INSERT AS APPROPRIATE: (DIR Registration #XXXXXXX and/or CSLB License #XXXXXX, etc.)> and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional 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 Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal") attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the 20 of 41 Public works following City project: San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501). 1.1. Agreement Documents Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law Requirements (Exhibit C); and (iv) <INSERT ANY ADDITIONAL EXHIBITS AS APPROPRIATE FOR AN INDIVIDUAL AGREEMENT>, all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit D (if any); and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, D, etc. on the other hand, the Agreement shall control. 1.2. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the shall not operate as a release of Consultant from such standard of care and workmanship. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and 21 of 41 a ww .�r Public e k 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 3.1 and 3.2. Payment for additional work in excess of this amount requires prior City Council authorization Term 1.1. Original Term. The term of this Agreement shall commence on <DATE> and shall remain in full force and effect until <DATE>, unless sooner terminated as provided in Section 5.0 of this Agreement. 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 <DATE>, unless sooner terminated or extended as provided by this Agreement. Consultant's Compensation 1.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $ ( dollars) <TOTAL CONTRACT AMOUNT> for the Term. Payment for any additional work authorized by City pursuant to Subsection 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. 1.2. Not applicable. Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. Termination 1.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant 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 Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement 22 of 41 <1 Z-/41,1 Z 9 Public Works of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 1.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 1.3. 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 Subsection 5.1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. 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. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. 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 other claim against City by reason of such termination, including any claim for compensation or damages. Party Representatives 1.1. The City Manager is City's representative for purposes of this Agreement. 1.2. <NAME> is the Consultant's primary representative for purposes of this Agreement. <NAME> shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. Notices 1.1. 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 23 of 41 Public works To Consultant: <Consultant> <Address> City, State, Zip Code> Attn: <Consultant Representative> 1.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, 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. Independent Contractor 1.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 1.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 24 of 41 Y` a'A"A ��. 9#118 Works 1.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, 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. 1.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. PERS Compliance and Indemnification 1.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 1.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent 25 of 41 PubliccWorks contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 2.0Ownership of Work Product 2.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant 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 final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 2.2. Consultant 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 11.1. 2.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all 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. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, 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. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and 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, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other 26 of 41 Works deliverables deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 2.4. Upon expiration or termination of the Agreement, Consultant 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 Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. Confidentiality 2.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, 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 City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 2.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, 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 work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 2.2. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 27 of 41 Pub/!c works Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. Upon 24 hours' notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 28 of 41 P01/8 works Insurance 2.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 2.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, 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 Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.2.5. <INSERT OTHER COVERAGES REQUIRED FOR SPECIFIC AGREEMENT AS REQUIRED BY RISK MANAGER> . 2.3. 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 City. 2.4. Additional Insureds 29 of 41 Pub/lo Works 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant, 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, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 2.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) 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, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 2.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, 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 Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 2.7. Separation of Insureds. Each insurance policy 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, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 2.8. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing 30 of 41 Plc works payment of losses and related investigation costs, claims and administrative and defense expenses. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non- compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 2.9. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 2.10. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 2.11. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own 31 of 41 �. Public works 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 Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section <except as otherwise waived in writing by City's Risk Manager>. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 2.12. 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. Indemnification, Hold Harmless, and Duty to Defend 2.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 32 of 41 s Publlo Works 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 2.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise 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. 2.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 2.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 2.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 3.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental 33 of 41 .� Public works disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 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. 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. 4.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 34 of 41 l® Publle works 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. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 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. 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 (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. Prohibited Interests; Conflict of Interest 4.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 4.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 35 of 41 i� ;r ,U jig works 4.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. Mutual Cooperation 4.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 36 of 41 lseAae ' Public Works 4.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 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. 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. 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. 5.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 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. Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. [signatures on following page] IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 37 of 41 CITY OF SEAL BEACH By: Attest: 0 CONSULTANT: <INSERT COMPLETE LEGAL NAME>, 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: in Nicholas Ghirelli, 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.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 38 of 41 EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding 39 of 41 work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 40 of 41 RFP for San Gabriel River Trash Mitigation Feasibility Study (CIP SD25O1) Formal Q&A Content for Addendum #1 for August 15, 2024 1. Q: Is there an available cost estimate/ budget forth e Feasibility Study Phase? A: A cost estimate is not anticipated to be provided for this phase. Submitting firms should review the RFP carefully, and the included scope of work details, to provide their most cost-effective price proposal. 2. Q: If a firm is awarded a contract, will that firm be precluded from submitting on the Final Design Phase? A: Firms submitting as the prime consultant and awarded a contract for the Feasibility Study Phase, will not be precluded from receiving a prime contract for Final Design Phase of Support services. However, the Feasibility Study findings shall not be deemed proprietary and will be made available as reference documents during Final Design Phase procurement activities. 3. Q: Provide clarification on the language from the OBJECTIVES section (page 4) — "Develop and implement comprehensive water quality monitoring program to assess the impactof trash debris on water quality parameters." A: The primary intention of the overall San Gabriel River Trash Mitigation Initiative is to address surface level, visible trash (also considered pollution) from the San Gabriel River watershed (and contributing watersheds) from impairing the San Gabriel River, and its outlet to the Pacific Ocean, to remove trash from entering the ocean and / or cumulating on the adjacent public beaches. The "water quality" terms in this section apply to the presence of surface level, visible trash. Microscopic water quality analyses and applicable mitigation are not considered to be part of the Feasibility Study Phase nor the overall initiative. 4. Q: Provide clarification on the language from the OBJECTIVES section (page 7, Task 1.2.b.) — "As part of Task 1, the proposed data collection (e.g., water quality sampling) and potential trash locations presented in Figure 2 will need to be evaluated for applicability, ability to be implemented, and long-term access." A: The primary intention of the overall San Gabriel River Trash Mitigation Initiative is to address surface level, visible trash (also considered pollution) from the San Gabriel River watershed (and contributing watersheds) from impairing the San Gabriel River, and its outlet to the Pacific Ocean, to remove trash from entering the ocean and / or cumulating on the adjacent public beaches. The "water quality" terms in this section apply to the presence of surface level, visible trash. Microscopic water quality analyses and applicable mitigation are not considered to be part of the Feasibility Study Phase nor the overall initiative. 5. Q: Provide clarification on the language from the OBJECTIVES section (page 10, Task 2.1) — "Review cleanup technologies and best practices to establish suitability, applicability, and effectiveness criteria for addressing the identified pollution sources within the PROJECT area..." A: The primary intention of the overall San Gabriel River Trash Mitigation Initiative is to address surface level, visible trash (also considered pollution) from the San Gabriel River watershed (and contributing watersheds) from impairing the San Gabriel River, and its outlet to the Pacific Ocean, to remove trash from entering the ocean and / or cumulating on the adjacent public beaches. Identifying source pollution points in the watershed is a secondary objective to ensure the sustainability of the overall primary objective stated above. The "pollution" term in this section applies to the presence of surface level, visible trash. Microscopic water quality or pollution analyses and applicable mitigation are not considered to be part of the Feasibility Study Phase nor the overall initiative. 6. Q: Witt the City consider an extension to the RFP deadline date for submitting proposals? A: The submittal deadline for this RFP will be adjusted to September 10, 2024, at 2 PM (pst). EXHIBIT B PROPOSAL Consultant's Proposal for San Gabriel River Trash Mitigation Feasibility Study, dated September 10, 2024 City of Seal Beach Public Works Department San Gabriel River Trash Mitigation Feasibility Study Professional Engineering Services (CIP SD2501) ELECTRONIC COPY , N 14 �� rte/ s yY �;,,, :-•����� �'.. ch.w ' N � •1 ® Stantec Stantec Consulting Services Inc. 38 Technology Drive, Suite 200 Irvine, CA 92618-5310 T: 949-923-6000 September 10, 2024 Attention: Iris Lee, Director of Public Works Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeach.ca Reference: Request for Proposal for San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501) Professional Engineering Services Acknowledgments: • This proposal shall remain valid for a period of one hundred eighty (180) days from the date of submittal. • Stantec acknowledges the terms and conditions contained within the RFP and the Standard Professional Services Agreement. • Stantec acknowledges Addendum #1 Q&A, issued August 15, 2024. • All information submitted with the proposal is true and correct Dear Ms. Lee and members of the selection committee: We applaud the City of Seal Beach's (City) leadership in working collaboratively with the State Assembly, County of Orange, County of Los Angeles, and the City of Long Beach to enhance cooperative efforts to address the 400+ tons of trash per year that impacts local public beaches. The San Gabriel River Trash Mitigation Initiative underscores the commitment of Seal Beach and your regional partners as environmental stewards by protecting and preserving our natural resources and community well-being. As a team of industry leaders, Stantec brings best practices, proven approaches, and the technical and project management expertise you will need to successfully achieve your important project goals. We have a strong history with you and your regional partners, and are committed to continue serving the community's needs. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. Our team's in-depth regulatory knowledge, experience conducting trash assessment studies, trash interceptor feasibility studies, identifying funding sources and securing funding, and conducting stakeholder engagement and industry outreach, make us the consultant of choice for this feasibility study. For us, creativity is driven by purpose. Knowing that transformation is truly possible inspires us to approach every situation with a fresh perspective. Our inventive and collaborative approach to problem -solving helps bring big ideas to life through creative solutions. Whether our contribution is a design that strikes the perfect balance between function and aesthetics, a feat of engineering that redefines what's possible, or a project management approach that delivers results, we strive for outcomes that transcend the challenges they solve and shape the communities we serve—for the better. Our approach is straightforward and effective: we will work closely with the City of Seal Beach to provide the best technical expertise and the best value. This approach offers the following benefits: Aligned with Your Goals and the Right Approach to Achieve Them We will deliver the San Gabriel River Trash Mitigation Feasibility Study by delivering the following work: Conduct a Trash Assessment of the San Gabriel River and its Tributaries — We will map sources and estimate mass and volume of trash, identify strategic locations of trash capture devices accounting for multi -jurisdictional regulatory permitting (e.g., Coastal Development Permit, United State Army Corp 404 and 408 permits, California Regional Water Quality Control Board 401 Water Quality Certification, etc.) and local agency permitting (e.g., Los Angeles County Flood Control District and Orange County Flood Control District), riverine hydraulics, local physical, environmental, and social constraints, and operation and maintenance (0&M) accessibility and logistics. Perform Technology Research and Impacts Analyses — We will identify and assess various trash interceptors from simple floating booms, hydrodynamic separators, to other technologies such as "Mr. Trash Wheel", and "The Ocean Cleanup's Interceptor"", which we have recently assessed, permitted, and installed. Our research will consider their effectiveness and trash removal efficiency, hydraulic performance, cost, 0&M, aesthetics, and environmental and recreational impacts at each location where trash will be intercepted. Stantec • Perform Cost -Benefit Analyses and Identify External Funding — We'll perform a Triple Bottom Line Cost Benefit Analysis (TBL-CBA). The approach is an evidence -based economic method that combines Life Cycle Cost Analysis (LCCA) and CBA techniques to quantify and attribute monetary values to the triple bottom line impacts of a given project or proposal. Stantec will also leverage its funding team to identify funding sources to support the trash capture projects. This team has successfully secured more than $8B in federal, state, and local funding for our clients. This includes assisting City of Newport Beach secure $1.7M in state grants for its trash capture project in Newport Bay/San Diego Creek. Conduct Stakeholder Engagement and Industry Outreach — We will engage with local stakeholders, including government agencies, community organizations, and businesses, to solicit input, address concerns, and build support for this initiative. We will also facilitate and attend meetings with elected officials, local agencies, watershed management groups, non- governmental organizations, and community based organizations to keep them apprised on the project. Our goal is to build collaboration and consensus to collectively secure funding for the project. Our team recently assisted Los Angeles County Public Works with successful community engagement on key environmental issues for its Trash Interceptor- Project in Ballona Creek and we look forward to the opportunity to similarly assist City of Seal Beach. • Develop a Feasibility Report — Stantec will develop the primary deliverable for this project, which will be the Feasibility Study Report that summarizes the study findings, including recommendations for trash mitigation/cleanup strategies, implementation timelines, cost estimates, and future stakeholder engagement approaches. Manage the Project — Our project manager, Michael Weber, will perform day-to-day project management, such as attend and facilitate meetings, prepare progress reports, monitor and track the project schedule, invoice, and perform overall administration. He will confirm that the project is managed within budget and schedule while providing high quality deliverables. Substantial Local Resources. With approximately 1,790 employees in California, nearly 2,000 water resource specialists and 4,100 environmental professionals company wide—more than 400 in California—our extensive in-house resources enable us to meet your schedule. Our local resources, drawing from 29 offices in California, allows us to respond, immediately, to your requests. Dedicated, Experienced Project Manager. Michael Weber has led multidisciplinary projects offering technical knowledge on watershed planning, and environmental permitting, including the Ballona Creek Trash InterceptorTM, and Newport Bay Water Wheel Trash Removal Project. Michael is accomplished in stakeholder outreach and mitigating community concerns about regional water capture projects. Expert Task Leads with Local Agency Experience. We've strategically selected our task leads based on pertinent experience working on similar projects, relevant credentials, relationships with Orange County, Los Angeles County, and the City of Long Beach, and strong leadership abilities. They will dedicate the right team members at the right time to maximize resources and maintain schedule. Our team organization chart is presented within our statement of qualifications. Authorized Representatives Mohammad Heiat, PE, principal -in -charge, and Ed Othmer, PE, CPESC, CPSWQ, QSP/D To R, QISP To R, ENV SP, PMP, technical advisor are Stantec's authorized representatives with authority to negotiate and to execute, on behalf of Stantec, any agreement that may result from negotiations with the City of Seal Beach and are authorized to bind Stantec to the terms of this RFP. Please feel free to contact Mohammad Heiat at 949-322-8083 or Ed Othmer at 619-279-3682 if you have any questions. Our local office is located at 38 Technology Drive, Suite 200, Irvine CA 92618. We look forward to working with you. Sincerely, Stantec Consulting Services Inc. Mohammad Heiat, PE Principal I Stantec Consulting Services Inc. Authorized Representative T:949-322-8083 mohammad.heiat@stantec.com Ed Othmer, PE, CPESC, CPSWQ, QSP/D TOR, QISP TOR, ENV SP, PM Vice President I Stantec Consulting Services Inc. Authorized Representative T:619-279-3682 ed.othmer@stantec.com Table of Contents 1. Cover Letter 2. Staffing Plan 01 3. Resumes 04 4. Firm Qualifications 15 5. Schedule/Hours 18 6. Project Understanding/Approach to Scope of Work 21 7. References 36 8. Exceptions 41 9. Fee Proposal (submitted as a separate file) -- 10. Contract Signatories + Business Entity 42 � j - Y w Staffing Plan Our experience has shown that the single greatest factor in the success of any project is the expertise and commitment of its leaders. We have dedicated one of our top project managers, Michael Weber, to manage this contract and act as a Stantec's primary point of contact for the City. Michael is a recognized leader in environmental planning and compliance, with 25 years of consulting experience delivering complex projects subject to multi -agency jurisdictions, environmental constraints, and community input. Michael's experience includes conceptual planning, technical study, public environmental review, and regulatory permitting for numerous recent coastal zone waterborne trash removal projects in southern California. His game -winning strategy involves applying his successful experience with similar projects in collaboration with Stantec's technical scope leaders to prepare a well-informed and valuable feasibility study for the City. Team Organizational Chart Stantec Like him, Michael's teammates love what they do, excel in their field, and are dedicated to get the job done. Along with Michael, principal -in -charge Mohammad Heiat will communicate frequently with the project delivery leads to get status updates and assist in resolving challenges, if any, with completing and delivering tasks. The key Stantec team members presented below were specifically selected for this scope of work based on technical competencies necessary for each task, experience with similar scopes of work, and availability. A key benefit of selecting Stantec is that the City will not only have access to our proposed team illustrated below, but also the depth of Stantec's expertise and resources that can address diverse technical needs and schedule considerations. With approximately 1,790 employees in California, we will be very responsive in addressing all technical needs of the project, as appropriate. A brief summary of responsibilities and availability of our selected technical leads are listed on the following pages. Our proposed personnel maintain active professional licenses and certifications. If selected for the project, we will provide certified payroll records, as required. City of Seal Beach Department of Public Works Principal -in -Charge Project Manager Technical Advisor Mohammad Heiat, PE Michael Weber Ed Othmer, PE, CPESC, CPSWQ, QSP/D ToR, QISP ToR, ENV SP, PMP Task 1. Assessment + Data Collection Alexis Holmdal, PE, PMP, ENV SP Task 4. Stakeholder Engagement + Industry Outreach Michelle Struthers i Task Leads Task 2. Technology Research + Impacts Jonathan Abelson, PE, PMP, ENV SP Coastal Engineering Babak Tehranirad, PhD Task 5. Alternatives Analysis + Report Development Anthony Cotts, PE Environmental + Permitting Lindsay Anshen, MA Task 3. Estimate Costs + Identify External Funding James Loucks, PMP, CCP Amy Broughton Task 6. Project Management Michael Weber Key Team Members The responsibilities and availability of our key team members are listed below. Full qualifications are located in Section 3. Resumes. Availability Michael Weber Project Manager + Task 6 Lead (Project Management) 25 years of experience 60% Responsibilities + Benefits to the Project • Confirm the project plan with City of Seal Beach and Stantec task leaders • Monitor and provide leadership guidance on Project Plan performance • Communicate with City of Seal Beach • Apply experience with similar projects Mohammad Heiat PE Principal -in -Charge 43 years of experience Availability = 25% Responsibilities + Benefits to the Project • Negotiate and execute contract on behalf of Stantec • Will make sure the project stays on track and has adequate resources • Available as alternate point of contact to the City Availability = 20% Responsibilities + Benefits to the Project • Leverage worldwide trash capture experience • Identify state-of-the-art trash capture devices suitable under various site constraints • Advise on regulatory permitting strategies Alexis Holmdal PE, PMP, ENV SP Task 1—Lead (Assessment + Data Collection) 12 years of experience Availability 60% Responsibilities + Benefits to the Project • Assess current condition of San Gabriel River's non-structural elements using proposed methodology • Identify and map pollution sources, including point sources and non -point sources • Evaluate initial potential trash collection locations for applicability, implementation feasibility, and long- term access 4DJonathan Abelson PE, PMP, ENV SP Task 2—Lead (Technology Research + Impacts) 12 years of experience Availability 50% Responsibilities + Benefits to the Project • Evaluate cleanup technologies for suitability and effectiveness in addressing pollution sources • Collaborate with industry and academia to develop solutions, performance criteria, and cost-effective project alternatives • Assess environmental and recreational impacts of trash collection on wildlife, activities, and water quality Ed Othmer a PE, CPESC, CPSWQ, QSP/D TOR QISP ToR ENV SP PMP Technical Advisor 32 years of experience Availability = 20% Responsibilities + Benefits to the Project • Leverage worldwide trash capture experience • Identify state-of-the-art trash capture devices suitable under various site constraints • Advise on regulatory permitting strategies Alexis Holmdal PE, PMP, ENV SP Task 1—Lead (Assessment + Data Collection) 12 years of experience Availability 60% Responsibilities + Benefits to the Project • Assess current condition of San Gabriel River's non-structural elements using proposed methodology • Identify and map pollution sources, including point sources and non -point sources • Evaluate initial potential trash collection locations for applicability, implementation feasibility, and long- term access 4DJonathan Abelson PE, PMP, ENV SP Task 2—Lead (Technology Research + Impacts) 12 years of experience Availability 50% Responsibilities + Benefits to the Project • Evaluate cleanup technologies for suitability and effectiveness in addressing pollution sources • Collaborate with industry and academia to develop solutions, performance criteria, and cost-effective project alternatives • Assess environmental and recreational impacts of trash collection on wildlife, activities, and water quality Babak Tehranirad PhD 40 Task 2—Lead (Coastal Engineering) 14 years of experience Availability r ` 35% Responsibilities + Benefits to the Project • Evaluate the current and projected tidal influences on the San Gabriel River's flow and conditions • Analyze sediment transport and erosion under both current and projected future conditions • Perform hydraulic and hydrodynamic simulations of the San Gabriel River James Loucks PMP, CCP ff Task 3—Lead (Cost Estimate Lead) 46 years of experience Availabilityp;:. 30°i° Responsibilities + Benefits to the Project • Provide cost estimating for different feasibility study alternatives Amy Broughton fr Task 3—Lead (External Funding) 23 years of experience Availability tow 35% Responsibilities + Benefits to the Project • Assess funding alternatives and develop prioritized list of programs and partners • Develop a funding matrix and technical memo outlining funding opportunities Stantec 3 Michelle Struthers Task 4—Lead (Stakeholder Engagement + Industry Outreach) 1 11 years of experience Availability _, 500i0 Responsibilities + Benefits to the Project • Oversee community engagement activities • Organize and facilitate public meetings + workshops • Develop public outreach materials • Establish and maintain collaborative relationships with project stakeholders Anthony Cotts PE, CFM Task 5—Lead (Alternatives Analysis + Report Development) .r✓ 22 years of experience Availability " 60% Responsibilities + Benefits to the Project • Establish criteria/goals of alternatives • Evaluate/identify possible trash collection locations • Formulate alternatives & implementation approaches • Costs and benefits estimates • Feasibility Report Lindsay Anshen T MA Task 5—Lead (Environmental + Permitting) 18 years of experience Availability ' ` ' 40% Responsibilities + Benefits to the Project • Perform critical environmental issues analysis • Review applicable permits • Determine permitting approach and timelines 3. Resumes Q Water Wheel Trash Capture Technology Michael Weber Project Manager + Task 6 Lead (Project Management) Years of Experience: 25 Education: BS, Environmental Studies Michael has 25 years of broad environmental consulting experience with an emphasis on regulatory permitting for complex coastal zone projects subject to multi -agency jurisdictions and substantial community input. He provides environmental services and leads multi- disciplinary teams through all life -cycle phases of projects. Michael's experience includes feasibility studies, stakeholder engagement, permitting, and environemntal review for waterborne trash removal projects in numerous southern California coastal rivers and creeks. PROJECT EXPERIENCE Ballona Creek Trash Interceptor Pilot I Los Angeles County Public Works I Los Angeles, CA Environmental Advisor & QA/QC Manger Michael oversaw the proposed pilot trash collection device to be deployed in Ballona Creek, Los Angeles County. The project consists of a solar -powered floating trash barge that would automatically convey floating trash into a containment system on the barge. Michael assisted with federal and state permit applications, including USACE Section 408 and Section 10 Rivers and Harbors Act permits; RWQCB Section 401 Clean Water Act Water Quality Certification; and California Coastal Commission Coastal Development Permit. He additionally assisted with completing a biological assessment, essential fish habitat assessment, cultural/historic resources study, hydraulic modeling, odor study, lighting analysis, noise study, and vector study, and an operation, maintenance, repair, and rehabilitation plan. This project received a 2023 Environmental Excellence Award. Newport Bay Water Wheel/Trash Removal Project City of Newport Beach I Newport Beach, CA Project Manager Michael managed preparation of an IS/MND to meet California Environmental Quality Act requirements for this innovative project that involves construction and operation of a trash removal system in the California Coastal Zone of San Diego Creek/Upper Newport Bay. The project would substantially reduce the volume of trash flowing into Newport Bay and adjacent sensitive habitats/shoreline and benefit biological resources, water quality, and aesthetics. The environmental impact analysis was supported through preparation of a Jurisdictional Stantec Wetlands/Waters Delineation Report, Biological Resources Technical Report and Aquatic Resources Survey Report. Stantec prepared the IS/MND under a very compressed schedule to assist the City in securing substantial Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop 1) grant funding for the innovative project. Stantec's scope of work included responding to public comments and addressing concerns for potential impacts related to odors, attracting vectors such as rodents, degrading viewsheds, and entrapment of wildlife. Ballona Creek/Wetlands Trash Abatement Project I Los Angeles County Public Works I Los Angeles County, CA Project Manager Michael managed preparation of regulatory permit applications and public environmental review documentation this project that involves construction and operation of a trash diversion and removal system in the California Coastal Zone of Ballona Creek. The project would substantially reduce the volume of trash potentially flowing into the Ballona Wetlands and adjacent ocean environment. The project would benefit biological resources, water quality, and aesthetics. The environmental impact analysis was supported through preparation of a Jurisdictional Wetlands/Waters Delineation Report, Biological Resources Technical Report, Aquatic Resources Survey Report, Essential Fish Habitat Assessment, air quality study, and cultural resources study. Permit applications were prepared to the U.S. Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, California Coastal Commission, and Los Angeles County Flood Control. City of Huntington Beach Harbour Commission Waterborne Trash Removal Briefing I Huntington Beach Harbour Commission I Huntington Beach, CA Lead Presenter Michael managed a due diligence effort to understand waterborne trash sources and potential solutions at the request of City of Huntington Beach. This effort included a presentation to the Harbour Commission that resulted in the City establishing a committee to further consider the feasibility of trash removal projects in the City. Laguna Channel Pump Station and Channel Renovation Project, City of Santa Barbara Public Works, Santa Barbara, CA, Environmental Task Manager Michael serves as Environmental Task Manager for this project that involved improvements to flood control infrastructure in the coastal zone. The improvements included an automated trash rake system to remove trash from a creek prior to discharge to the ocean and adjacent beaches. Michael led preparation of technical studies and regulatory permit applications for the improvements. Mohammad Heiat PE Principal -in -Charge Years of Experience: 43 Education: MS, Civil Engineering BS, Civil Engineering Registrations: Registered Civil Engineer #45776, CA Mohammad offers 43 years of civil engineering experience with emphasis in transportation and site development for a broad range of public works and commercial development projects. His experience includes an extensive list of CIP facilities design, roadway and intersection improvement plans, master plans, runoff management plans, and drainage structures. Mohammad has overseen and managed preparation of PS&Es for numerous public works/private infrastructure projects involving highway and street design, drainage and flood control facilities design. PROJECT EXPERIENCE Lampson Avenue Bike Lane and Drainage Improvements, City of Seal Beach, Seal Beach, CA Project Principal Mohammad oversaw preparation of preliminary and final engineering for bicycle facility improvements along Lampson Avenue between Seal Beach Blvd. and Basswood Street. The project included adding Class I bike path and Class II bike lanes to connect the existing bicycle facilities. The project also included median modifications, roadway widening, ADA curb ramp improvements, utility relocations, traffic signal modifications, landscaping improvements and parking lot improvements. Additionally, the improvements required construction of a new catch basin and storm drain to correct drainage issues caused by the 1-405 Widening project. Pacific Coast Highway (PCH) junior Lifeguard and RV Parking Lot Rehabilitation I City of Huntington Beach Huntington Beach, CA I Project Manager Mohammad oversaw data collection, design survey and base mapping, geotechnical investigations, pavement design and rehabilitation, electrical load survey and design, pavement marking and traffic signage, ADA parking stalls, sewer/water service laterals demolition and installation, electrical conduit/pedestal/cabinet demolition and installation, and technical provisions and engineer's estimates. The project schedule included scheduling aerial and field survey prior to the annual air show that restricts flight access for one month and hitting a specific month for construction to minimizing parking lot shut during RV season. Bluebird Canyon Drive Evacuation Route Widening City of Laguna Beach I Laguna Beach, CA I Project Manager Mohammad served as project manager for the Bluebird Canyon Drive Evacuation Route Widening project, for which Stantec provided preliminary and final engineering services to widen a portion of the north side of Bluebird Canyon Drive, from approximately Rancho Laguna Road westerly about 850 linear feet to provide an 8 -foot -wide roadway shoulder. The project improved emergency egress for the surrounding community and is a key evacuation route for these residences, as identified in the City's Wildfire Mitigation and Fire Safety report. As part of the proposed widening, a 4 to 8 -foot -high- soldier pile supported retaining wall system was constructed along the north side of Bluebird Canyon Drive. Moss Street Beach Access Rehabilitation I City of Laguna Beach j Laguna Beach, CA I Project Manager Mohammad served as project manager for the Moss Street Beach Rehabilitation project, for which Stantec provided preliminary and final engineering services to reconstruct the existing beach access located at the south end of Moss Street at intersection with Ocean Way, just one block off South Coast Highway. The project removed and replaced the existing curb and gutter, storm drain inlets, sidewalk, stairs, railings, landings, retaining structures and improved the aesthetics, landscaping, irrigation, and the safety of pedestrians using the access. Design services included topographical mapping, utility research, geotechnical investigation, coastal hazard study, environmental documentation, and preparation of conceptual and construction drawings. Oso Parkway Roadway Widening I City of Mission Viejo I Mission Viejo, CAS Project Manager Project Manager for the preparation of preliminary and final design plans for widening improvements on Oso Parkway between the 1-5 freeway and County Club Drive. A traffic capacity and operation analysis was prepared for widening alternatives and the recommendation was to add one lane in each direction on Oso Parkway and modify the signals at County Club and Montanoso Drives. The widening improvements require the acquisition of additional right of way on both sides of the street and relocation of several utilities along the existing sidewalks. The box culvert for Oso Creek is being lengthened to accommodate the new lanes in each direction. Ed Othmer PE, CPESC, CPSWQ, QSP/D TOR, QISP ToR, ENV SP, PMP Technical Advisor Years of Experience: 32 Education: MS, Civil Engineering BS, Civil Engineering Registrations: Registered Civil Engineer #57536, CA Certified Professional in Erosion and Sediment Control #2776 Certified Professional in Stormwater Quality (CPSWQ) #103 Qualified Stormwater Pollution Prevention Plan Practitioner/ Developer (QSP/D) #00060 Qualified Industrial Stormwater Practitioner (QISP) #00089, CA Envision' Sustainability Professional (ENV SP) #22220 Project Management Professional (PMP)® #2127602 Ed is Stantec's Wet Weather Flow Vice President. He has served as Principal -in -Charge and Project Manager on hundreds of stormwater projects involving the development of National Pollutant Discharge Elimination System (NPDES) stormwater pollution prevention and monitoring programs, preparation of erosion and sediment control guidelines, stormwater research and pilot studies, trash feasibility studies, illicit storm drain connection programs, spill prevention studies, control and countermeasures planning, and industrial stormwater pollution prevention programs. Ed has managed projects for federal, state, local, and private sector clients. Ed teaches stormwater classes for many organizations including the UCSD Extension Program. Additionally, Ed continues to serve on many technical advisory committees including the Construction General Permit Training Steering Committee and the City of San Diego Alternative Compliance Technical Advisory Committee. PROJECT EXPERIENCE Evaluation of Baramy Dual Vane Trap I Lusaka, Zambia Technical Lead Ed conducted an assessment of the Baramy Dual Vane Trap's performance. The objective of the assessment is intended to aid the Millennium Challenge Corporation (MCC) in understanding if the Baramy Dual Vane Trap was appropriate for the environment where it was deployed, changes to maintenance protocols, and to offer other suggestions to improve the trap's performance. Feasibility Study for Sediment Basins and Tash Interceptor for the Tijuana River International Border to Dairy Mart Road I U.S. International Boundary and Water Commission (USIBWC) I San Diego, CA I Best Management Practices (BMPs) and Stormwater Pollution Prevention Plan (SWPPP) Lead Ed conducted a feasibility study to recommend the preferred location and sizing of sediment basins and trash capture *denotes projects completed with other firms. Stantec devices within the USIBWC right-of-way within and along the main channel of the Tijuana River. Tijuana River Gross Solids/Sediment 15% BMP Concept Design (11084440, Task Order 8)* 1 City of San Diego I San Diego, CA I Contract Manager Ed oversaw a team of engineers and scientists to prepare planning documentation to determine acceptable BMPs to collect and prevent gross solids and sediment from Mexico from discharging into the Tijuana River. Two locations were considered, including Smugglers Gulch and Goat Canyon. Caltrans SR -73 Treatment Technology Assessment* Task Order Manager Ed performed programmatic review of plans and specifications, and implemented an operation, maintenance, and monitoring program of SR -73 treatment technology BMP Pilots including Gross Solids Removal Devices (GSRDs). City of San Diego Storm Water Engineering and Consulting Services* I City of San Diego I San Diego, CA Project Manager Ed led the team to deliver the following scope of work on this $12.5 million project: task management and administration, BMP development and engineering, infrastructure asset management, environmental assessment and permitting, monitoring and investigations, strategic planning, and program assessment Services. Best Management Practice Retrofit Pilot Study; Caltrans, District 7* 1 Task Order Manager Ed was project manager for the following BMP Retrofit Pilot Study projects: Caltrans Monitoring and Assessment; Caltrans Operations, Maintenance, and Monitoring Plan Development; Caltrans Operations and Maintenance; Caltrans Database Development; Caltrans MCTT Cover Fabrication and Installation. Ed prepared and implemented the operation, maintenance, monitoring, and evaluation of 26 BMP retrofit pilot sites in Caltrans District 7. BMPs included continuous deflective separation (CDS) units, drain inlet inserts, biofiltration swales and strips, infiltration basins and infiltration trenches, extended detention basins, Austin sand filters, MCTTs, and an oil/water separator. Targeted Trash Collection Effectiveness Assessment Project* I City of San Diego, San Diego, CA I Contract Manager Ed managed a team of engineers and scientists to develop and implement a plan to assess the effectiveness of portions of a grant -funded effort to provide water quality improvements through outreach, education and assistance by engaging the local community to participate in trash clean-up and trash collection activities to address illegal dumping in Chollas Creek in San Diego, California. The project will assess the effectiveness of the mobile trash collection portion of the program and will also include a feasibility component to assess the viability of installing a Fresh Creek Netting TrashTrap® (Fresh Creek Technologies, Inc.) or other trash net technology to capture and remove trash and debris in Chollas Creek. Alexis Holmdal PE, PMP, ENV SP Task 1—Lead (Assessment + Data Collection) Years of Experience: 12 Education: BS, Civil Engineering Registrations: Registered Civil Engineer #94659, CA Registered Civil Engineer #54110, MA Project Management Professional (PMP)@ #2153770 Envision' Sustainability Professional (ENV SP) Alexis has diverse civil engineering experience in projects relating to sewer and stormwater infrastructure. This experience includes project planning, permit compliance, GIS, technical writing, field work, hydraulic modeling in ICM, design work, and project management. PROJECT EXPERIENCE ESGV CIMP and WMP Implementation City of Pomona Water Resources Department Pomona, CA Civil Engineer Alexis prepared an update to the East San Gabriel Valley Watershed Management Group's (ESGVWMG) Watershed Management Program in compliance with the NPDES MS4 Permit. Alexis identified the water quality priorities by analyzing monitoring data collected over the past 5 years, performing a source assessment, classifying water body -pollutant classifications (WBPCs) into one of three Permit -defined categories, and prioritizing WBPCs. A Reasonable Assurance Analysis was conducted to identify the required structural and non-structural BMPs to achieve compliance with TMDL deadlines and receiving water limitations. Alexis also authored the Coordinated Integrated Monitoring Program for the ESGVWMG in accordance with the NPDES MS4 Permit. Alexis also prepared Safe Clean Water Program documentation on behalf of the ESGVWMG to apply for SCW Funding. To -date, funding has been received for 1 scientific study and 3 regional projects. Documentation includes completing a feasibility study that identifies water quality benefits, water supply benefits, community investment benefits, and a characterization of nature -based solutions. Water Recycling and Stormwater Harvesting Study Port of Long Beach I Long Beach, CA I Civil Engineer Alexis evaluated and prioritized stormwater harvesting options for the Port of Long Beach. Alexis prioritized locations by performing a desktop study using GIS to develop weighted screening criteria with ranking values Examples of the criteria included the amount of stormwater that could be captured within the drainage basin during the 0.75 -inch storm, the proximity of the downstream capture point to a customer, and the associated customer's recycled water demand. For each of the prioritized drainage basins, Alexis developed a conceptual design and calculated quantities to develop Class 5 opinion of probable construction costs. In addition, for all of the water recycling and stormwater harvesting options, Alexis gathered inputs such as permitting costs, land opportunity costs, electricity requirements, and water quality benefits for a triple bottom line benefit cost analysis. Alexis summarized the study results in a technical memorandum. San Diego WAMP Update I City of San Diego I San Diego, CA I Civil Engineer As a member of the Watershed Asset Management Plan Update team, Alexis assisted with developing the asset hierarchy, identifying scoring criteria for the probability of failure and consequence of failure of assets, and interviewing City of San Diego staff to identify reporting requirements, PoF/CoF, and efficiencies within each Storm Water Division section. In addition, Alexis analyzed 38,000+ non -channel assets in GIS to determine their CoF scores. Long Beach MUST Final Design - Phase I I City of Long Beach Public Works I Long Beach, CA I Civil Engineer Alexis prepared the draft operations, maintenance, and monitoring (OM&M) manual for the City of Long Beach Municipal Urban Stormwater Treatment (LB -MUST) System. The LB -MUST System will intercept flows from different locations within the City urban watersheds and divert them to a centralized downstream advanced treatment facility and constructed wetland storage pond. The OM&M provides an operational description of the conveyance system, treatment process, constructed wetland system, utility connections, and building operations. Inspection and maintenance procedures are provided for public domain features, while manufacturer - provided manuals are provided for proprietary devices. Monitoring requirements are detailed for various monitoring activities, including sanitary sewer discharge monitoring in compliance with the LA County Sanitation Industrial Wastewater Permit and product water discharge monitoring for use in compliance with LA County Department of Public Health requirements. Alexis also assisted with the project's Envision verification packaging by preparing credit cover sheets. The LB -MUST project earned an Envision Platinum award. Cambridge MS4 Permit Support I Cambridge Department of Public Works I Cambridge, MA I Civil Engineer Alexis performed site inspections and developed Stormwater Pollution Prevention Plans for four facilities operated by the City of Cambridge to fulfill MS4 permit requirements. Jonathan (Jon) Abelson PE, PMP, ENV SP Task 2—Lead (Technology Research + Impacts) Years of Experience: 12 Education: BS, Civil Engineering Registrations: Registered Civil Engineer #C90179 Envision' Sustainability Professional (ENV SP) #22219 Project Management Professional (PMP)® #2595135 Jon is a project manager and licensed civil engineer based in Stantec's Pasadena Office. He has led multidisciplinary projects offering technical knowledge on watershed planning, hydrology, hydraulic design, conceptual and detailed BMP project design, asset management and expert NPDES guidance. He is interested in helping agencies and municipalities accomplish seemingly impossible goals through strategic partnerships, creative thinking, and consensus building. PROJECT EXPERIENCE Ballona Creek Trash Interceptor Pilot Project j Los Angeles County Public Works I Los Angeles County, CA Project Manager Jon was the project manager for the development of environmental permitting documents for the Interceptor stationed within the Ballona Creek Estuary. This pilot effort placed an experimental solar -powered vessel that captures and contains for disposal all floating trash that arrives from urbanized Ballona Creek watershed. This project received a 2023 Environmental Excellence Award. Safe, Clean Water Program I Los Angeles County Department of Public Works I Los Angeles, CA Social Scientist Jon has helped launch the regional coordination program and facilitated Watershed Area Steering Committees in the SCW Program. The SCW is a multi -benefit Stormwater and Urban Runoff capture program intended to increase water supply, improve water quality, and provide community investments. The Program helps put Los Angeles County on a path to water resiliency and economic security through equity -focused strategies and policies. Stantec East San Gabriel Valley Watershed Management Group CIMP/WMP I East San Gabriel Valley Watershed Management Group I Claremont, La Verne, Pomona, and San Dimas, CA I Engineering Associate Jon monitors major outfalls and receiving waters in the cities of Cities of Claremont, La Verne, Pomona, and San Dimas. The WMP and CIMP are requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175. Jonathan is integral in preparing customized strategies, control measures, and best management practices (BMPs) for the ESGV. Data Driven Capital Planning and Project Prioritization: Triple Bottom Line Economic Valuation Pilot Project Assessment and Support Services I Los Angeles County Department of Public Works Alhambra, CA I Civil Design Engineer Jon is leading a team to develop sound methods to prioritize major investments that are best able to achieve their organizations' goals, whether this entails flood risk management, water conservation, meeting regulatory requirements; improving water quality; reducing energy consumption; increasing reliability; mitigating potential for infrastructure failure; building in redundancy, and developing facilities and features that blend effectively with surrounding communities and natural ecosystems. The underlying approach to this is a widely used framework called Triple Bottom Line Cost Benefit Analysis (TBL-CBA). The approach is an evidence -based economic method that combines Life Cycle Cost Analysis (LCCA) and CBA techniques to quantify and attribute monetary values to the triple bottom line impacts of a given project or proposal. Los Angeles River and Arroyo Seco Low Flow Diversion Projects j City of Los Angeles Bureau of Engineering I Los Angeles, CA j Project Engineer Jon was the Project Engineer on the LAR and AS LFD Projects. The LA River watershed faces severe fecal contamination, frequently exceeding Bacteria Total Maximum Daily Load (TMDL) limits, particularly during dry weather, which hinders recreational use. In response, the City of Los Angeles Bureau of Engineering (LABOE), in collaboration with the Bureau of Sanitation (LASAN), plans to divert dry weather flows from the most contaminated outfalls to the Hyperion Water Reclamation Plant for treatment. The project involves constructing storm drain diversions, pipelines, pump stations, and other infrastructure to mitigate bacterial pollution and improve water quality. Babak Tehranirad PhD Task 2—Lead (Coastal Engineering) Years of Experience: 14 Education: PhD, Center for Applied Coastal Research MS, Civil Engineering BS, Civil Engineering Babak is a quality -driven coastal engineer with 14 years of experience in research and applied coastal engineering, with a solid background in coastal hazard assessment, adaptation and mitigation strategy development, and vulnerability assessment projects. With strong surveying and project management skills, he is successful at leading projects to maximize efficiency and minimize analysis costs and time. He has extensive experience developing hydrodynamic, wave, sediment transport, and morphology change models, and performing analyses of coastal hydrodynamics to develop innovative solutions to both short- and long-term climate events and changes. PROJECT EXPERIENCE Central California Costal Storm Modeling System (CoSMoS)* I USGS Pacific and Coastal Marine Science Center I Central California Coast I Technical Lead/ Modeling Scientist Babak participated in model development for the Coastal Storm Modeling System (CoSMoS) in Central California, covering the California Coast from Santa Barbara County in the south to Santa Cruz County in the north. This system provides detailed predictions (meter -scale) over large geographic scales (100s of kilometers) of storm - induced coastal flooding and erosion for both current and future sea -level rise (SLR) scenarios. CoSMoS version 3.1 for central California shows projections for future climate scenarios (sea -level rise and storms) to provide emergency responders and coastal planners with critical storm -hazards information that can be used to increase public safety, mitigate physical damages, and more effectively manage and allocate resources within complex coastal settings. Ocean Beach and Vista Grande Coastal Vulnerability Assessment* I Moffat and Nichol I San Francisco, CA Project Manager Babak developed flood maps and bluff erosion estimates for future conditions (2100). The project team proposed and analyzed various adaptation and mitigation strategies, including managed retreat and nature -based solutions for the client (San Francisco Public Utilities) to plan their improvement and relocation of stormwater facilities at the coastline. Pillar Point Harbor Sea -level Rise Vulnerability Study* Moffat and Nichol I Half Moon Bay, CA Project Manager This work studied the vulnerabilities of Pillar Point Harbor to the effects of sea level rise (SLR) per the requirements for Public Trust Lands (Per Assembly Bill AB -691). The vulnerability assessment considered impacts on the shore facilities due to SLR: shoreline retreat and coastal flooding at four different scenarios (elevations) of SLR. Financial impacts due to recreation losses (beach erosion and loss of public access) were estimated. Underwater Outfall Installation* I Moffat and Nichol Phillippine Sea I Project Engineer Babak assessed hurricane wave loading conditions and risk through complicated numerical simulations for designing and installing new outfall and diffusers for the Guam Waterworks Authority as an upgrade of the treatment plant's existing outfall pipe. The outfall pipe is located in the Philippine Sea, approximately 2,000 feet offshore at an approximate depth of 140 feet. Franks Tract Wetland Restoration Project* I Moffat and Nichol I San Francisco, CA I Project Engineer Babak provided Coastal Engineer support by modeling turbidity, salinity, temperature, and wave climate condition to assess proposed changes to Frank Tract (San Francisco Bay -Delta) as part of a collaborative planning process initiated by the California Department of Fish and Wildlife as part of the 2016 Delta Smelt Resiliency Strategy. The objective of the Franks Tract study was to justify the feasibility of restoring the historic tidal marsh form and function components to create a habitat suitable for Delta Smelt. *denotes projects completed with other firms. James (Jim) Loucks PMP, CCP Task 3—Lead (Cost Estimating) Years of Experience: 46 Education: BS, Construction Engineering Registrations: Project Management Professional (PMP)@ #534386 Certified Cost Professional #2361 Jim has over four decades of constructability, cost estimating, and project management experience, with an emphasis in in large civil works, water treatment, conveyance, and industrial process facilities. He is experienced in diverse project delivery methods, including design -build, engineer -procure -construct, and traditional design -bid -build or hard -dollar contracting, from pre - construction planning to construction phase support. Throughout his cost estimating experience, Jim is familiar leading groups of 10+ full-time professional cost estimators supplemented by outside consultants at any given time for development of cost and schedule opinion deliverables. His aptitudes include but are not limited to systems integration, detailed and conceptual estimating, third party estimate reviews, client services, and quality control reviews, primarily for water and wastewater projects. He has served in a cost estimator capacity on projects exceeding $1 billion in construction costs and brings 15+ years of experience using cost estimating software such as RS Means, Timberline, CostLink"/ MCACES on over 500 projects. PROJECT EXPERIENCE Green River Filtration Facility I Tacoma Water Tacoma, WA I Lead Estimator Jim is the lead estimator on the $180M plant expansion project. Jim and his team have successfully submitted cost estimates at the preliminary design report, 30%, and 60 % design stages that have correlated to within 2% of the GM/GC's GMP proposals. The project expanded an existing water treatment plant. Project 3-62, Westminster Blvd, Force Main Replacement I Orange County Sanitation District I Seal Beach, CA I Estimator The project involved the construction of new single and dual 36" HDPE force mains along Westminster Blvd. Stantec 1 10 Sewer System Master Plan Cost Estimate Review I San Francisco Public Utilities Commission (SFPUC) I San Francisco, CA I Principal Estimator Jim led a cost review of a planned $4 billion program to upgrade a combined sewer system over the next 10 to 15 years. He and his team reviewed consultant cost opinions for all program features, which including several wastewater treatment plant expansion options, conveyance tunnel options, and a new biosolids facility. They also provided comment on forward cost escalation trends and the cost of construction in San Francisco compared to other locations. Big Tujunga Dam and Santa Anita Dam Seismic Rehabilitation and Spillway Modification Projects Los Angeles County Department of Public Works I Los Angeles County, CA I Principal Estimator Jim developed a detailed Class 2 cost estimate that involved a mass concrete thickening section with related spillway modifications. In addition, significant upgrades to site infrastructure and support facilities were estimated. Big Creek Expansion Project I Southern California Edison j Shaver Lake, CA j Senior Estimator Jim delivered appraisal level Class 4 cost estimates to support project feasibility studies for various water chain management systems associated with a 700MW, $1 billion hydropower expansion project. Facilities included dams, tunnels, reservoirs, penstocks, and powerhouses. Peck Reservoir and Pump Station j City of Manhattan Beach j Manhattan Beach, CA I Estimator Jim was involved in the development of the Class 4-2 opinions of probable construction cost. We are leading the technical design for a new 8 -MG cast -in-place concrete reservoir, new 10,000 -GPM pump station, and new green -sand treatment system. The new reservoir will provide superior water storage capacity to meet peak demand conditions and fire flow requirements, and utilize better mixing characteristics to improve water quality and provide a long -last reservoir according to modern design standards. Broward County Water Preserve Area: C-11 Impoundment i USACE Jacksonville District j Weston, FL j Principal Estimator Jim led cost estimating services for a project involving a 4,600 -acre-foot aboveground storage reservoir, a pump station with an intake capacity of 1,050 cubic feet per second (cfs), 90 acres of created mitigation wetlands, a 6.75 -mile dam, a 4.75 -mile levee, 6.7 miles of canals, 17 water control structures, and ancillary features. it Amy Broughton Task 3—Lead (Identify External Funding) Years of Experience: 24 Education: MBA, Entrepreneurship and Finance BA, History Certifications + Training: Economic Evaluation & Investment Decision Methods Systematic Development of Informed Consent, Institute of Participatory Management and Planning Women's Vision Leadership, Women's Vision Leadership Institute Amy is a financial and management consultant focused on supporting complex infrastructure projects and transformative business practices. She brings 24 years of industry expertise to the team. Recently, Amy helped more than a dozen applicants successfully secure for more than $3.0 billion in US Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Authority (WIFIA) funding. She has also been a part of a team that has collectively secured 30+ California State Revolving Fund (SRF) projects for critical water and wastewater projects and $66 million for 100+ EPA Brownfield Grants. PROJECT EXPERIENCE Decarbonize DRCOG I Denver Regional Council of Governments I Denver Metropolitan Area, CO Funding Services Amy and the Stantec team assisted DRCOG in putting together a successful $199.7 million grant application for the US EPA Climate Pollution Reduction Grant Program. The initiative will fund measures to reduce greenhouse gas emissions from residential and commercial building sectors and increase energy and resource efficiency within the Denver Metropolitan Area. Pure Water Antelope Valley Program I Palmdale Water District j Palmdale, CA I Funding Lead To date, the funding team has successfully secured $25M+ in federal and state of California grant funding and $14 million in low-interest US EPA loans for the project. Stantec's team has developed the Program Priorities and Implementation Plan that will delineate Program drivers, challenges, costs, program packaging, delivery methods (alternative delivery models are being evaluated for projects within this program), funding strategies, public outreach strategies and regulatory/permitting strategies. Envision Shooks Run Funding Strategy, I City of Colorado Springs j Colorado Springs, CO I Project Principal/Funding Specialist Client The Envision Shooks Run vision is to create a continuous greenway along a downtown drainage corridor, transforming an underutilized community asset through needed infrastructure investments and redevelopment. Working with funding specialists from across Stantec, Amy led the development of a funding strategy for a set of transformational, multi -departmental and complementary activities and investments. The project integrated private participation and evaluated the applicability of several urban renewal, climate resiliency and stormwater financing mechanisms. Amy assisted the City with their successful application for a $600,000 EPA Brownfields Grant. Next Generation Infrastructure Study I City of Centennial I Centennial, CO I Project Manager Amy acted as Project Manager for the Next Generation Infrastructure Study, leading a team of more than a dozen subject matter experts from around the world to assess the integration of smart city approaches and technologies. Amy supported discussions with developers, prospective funding partners, service and technology providers, and City staff to advance the City's Centennial Next strategy and develop a Next Generation Infrastructure Action Plan. Pacheco Reservoir Expansion Project & Safe, Clean Water Program I Santa Clara Valley Water District (SCVWD) I San Jose, CA I Funding Specialist The Pacheco Reservoir Expansion Project and Safe, Clean Water Program support environmental objectives and secures critical water supply for millions of Californians. Amy has assisted SCVWD submit FEMA Hazard Mitigation Grant Program applications; CWIFP preliminary applications; US Bureau of Reclamation, Water SMART applications. Amy supported SCVWD's WIFIA Letters of Interest and funding applications securing over $2B in credit assistance through Master Credit Agreements. The team is also assisting with ongoing water tracking, ecological restoration, stormwater funding opportunities, and other applications on an as -needed basis. Michelle Struthers Task 4—Lead (Stakeholder Engagement + Industry Outreach) Years of Experience: 11 Education: BS, Public Health and International Development MPH, Public Health and Tropical Medicine Michelle has over 11 years of facilitation and project management experience, including five years developing and implementing inclusive, accessible community engagement programs for public -sector clients. Michelle brings an extensive understanding of best practices in community engagement and has overseen public participation activities for a broad range of water supply and resource projects. With technical training in community-based research, Michelle has also led or contributed to over twenty research projects, ranging in scale from multi -state, mixed -methods public surveys to watershed -specific focus groups and advisory group facilitation. PROJECT EXPERIENCE Regional Coordination of the Safe, Clean Water Program I Los Angeles County, CA Technical Consultant The Safe Clean Water Program distributes roughly $285 million across Los Angeles County to be managed by cities, the County, and nine watershed -area steering committees to augment water supply, mitigate water quality degradation, and provide community benefits. Stantec provides services across thirteen task categories, including facilitation of governing committees, supporting watershed coordinators, and direct engagement with stakeholders. Michelle's work is focused on developing a Community Strengths and Needs Assessment survey and public dashboard to inform watershed planning priorities. Safe, Clean Water Program - Watershed Coordination* Los Angeles County Flood Control District Alhambra, CA I Watershed Coordinator Michelle served as one of twelve watershed coordinators for the LA County Safe, Clean Water Program. As watershed coordinator, Michelle was responsible for organizing public engagement events, promoting public awareness, facilitating interested party meetings, and communicating achievements and lessons learned to governance committees via presentations and written reports. Michelle also supported and advised on feasibility studies awarded funding through the Technical Assistance Program. Stantec 1 12 Community -Engaged Planning for the Sonoma County Groundwater Sustainability Agencies I Sonoma County, CA I Project Manager/Lead Researcher As project manager, Michelle led a team that developed a community outreach and engagement campaign to increase public awareness and support for new groundwater management practices mandated by the State of California's Sustainable Groundwater Management Act. The campaign included a series of focus groups among rural well owners to facilitate a deeper understanding of well owners' experiences, concerns, and priorities regarding sustainable groundwater management. City of Los Angeles Stormwater Behaviors and Perceptions Study* I LA Sanitation & Environment Los Angeles, CAI Project Manager/Lead Researcher Michelle led the development and implementation of a citywide study examining resident behaviors and perceptions surrounding stormwater in Los Angeles. The mixed -methods study would be the first in over twenty years since the County of Los Angeles commissioned a similar study in 1997. The study will be completed in 2024, and its results will inform the City's multiyear watershed outreach and education planning effort. San Diego Waterscape Rebates Program - Public Participation* I San Diego, CA I Task Manager Michelle oversaw a small team that created and implemented a strategic communications plan for the launch of the County's first stacked stormwater rebates and incentives program - the Waterscape Rebate Program. The plan's goal was to drive awareness and participation in the Program and, ultimately, reduce the flow of polluted runoff to the County's waterways. SAFER - Technical Assistance Program I California State Water Resources Control Board I California Deputy Project Technical Lead; Study Lead Michelle serves on a broad Stantec team selected by the State of California to serve as Technical Assistance Providers within the Safe and Affordable Funding for Equity and Resilience (SAFER) Program, a multi -billion - dollar effort to ensure the human right to water is achieved across the state. Michelle's focus is on the development of SAFER's Funding Partner Program - an initiative to establish a statewide community engagement and education workforce that centers local community expertise and knowledge in the development of drinking water solutions in rural communities without reliable access to safe and affordable drinking water. Michelle is also leading a study to develop and implement a Point-of- Use/Point-of-Entry drinking water treatment education program. The study team includes three community- based organizations serving as subconsultants. 13 Anthony Cotts PE, CFM Task 5—Lead (Alternatives Analysis + Report Development) Years of Experience: 22 Education: BS, Civil Engineering Registrations: Professional Engineer #69395, CA Certifications + Training: Certified Floodplain Manager, Association of State Floodplain Managers, Inc. Qualified SWPPP Developer/Practitioner, CA Anthony has extensive experience in civil/ water resources engineering consulting and construction services, including drainage and water quality analysis. He has served as the project manager on several public transportation, commercial, and residential projects. His expertise is wide ranging and includes hydrologic and hydraulic modeling; storm drain, channel, roadway drainage, grading, and water quality analysis and design; and environmental permitting support. He has been on the forefront of utilizing permanent Best Management Practices (BMPs) to meet MS4 Permit, State Trash Amendments, IGP, and TMDL compliance and designing green street and green infrastructure (e.g., infiltration, bioretention, and biofiltration systems) within project sites having various site constraints. He has prepared numerous management plans and feasibility studies to clearly document improvements and demonstrate compliance with applicable stormwater regulations. PROJECT EXPERIENCE Trash Amendments Spring Valley Feasibility Pilot Study* I County of San Diego, CA I Project Manager Served as project manager to prepare a large-scale feasibility study that estimated the quantities and probable costs associated with the construction and maintenance of available BMPs to meet the State of California Trash Amendments requirements within the Spring Valley area that could then be applied to other unincorporated areas of the County of San Diego. The feasibility study evaluated the various products and strategies available and compared the two strategies of distributed versus regional type BMPs to meet full capture requirements to formulate guidance that County staff can use to optimize the selection trash full capture system type and prioritize the implementation of project across the watershed. The project included the delineation of the drainage areas for the various storm drain networks and inlets within the County's Storm Drain Area 1 watershed, which is approximately 5,840 acres, the preparation of *denotes projects completed with other firms. conceptual level regional BMP design sheets at key location determined by the study, preparation of costs and benefits estimates, and the preparation of a detailed report to document a summary of the available trash capture options, including pros and cons of each; hydrologic and mapping methodology and results; and recommendations (road map) for cost-efficient and effective compliance with regulations. The County is using the study to schedule identified project for progression through the County's Capital Improvement Program. Sweetwater Lane Regional Trash Full Capture System* County of San Diego, CA I Project Engineer Responsible for laying out the design of and preparing the final engineering hydrology and hydraulic report for this regional (i.e., high-flow capacity) offline trash full capture device along an existing County storm drain to remove trash from watershed of 274 acres comprised of various land use types. The project included a diversion (drop) structure, branch storm drain into in a County Park area, Debris Separating Baffle Box (DSBB), and return line to the existing Sweetwater Lane storm drain and served as a demonstration project for the County's overall trash full capture compliance strategy. Final engineering was completed in 2021, and Anthony provided engineering construction support (2022) to ensure project construction was consistent with plans and specifications. Anthony stayed involved with the project as the County performed maintenance and effectiveness assessment in 2023. Project received an American Public Works Association Project of Year Award in 2023. The Bowtie Wetland Demonstration Project I The Nature Conservancy and California State Parks I Los Angeles, CA I Project Engineer Anthony provided permitting support related to obtaining the project's Section 408 Permit from the USACE required for the project connection to the Sycamore Wash Storm Drain. This included completing the permit application, five required checklists, compiling applicable project studies, plans, and exhibit, and preparing permit -specific exhibits. Anthony participated in the various permitting meetings with USACE, project team, and stakeholders. The permitting is currently ongoing, and a permit is expected to be granted early in 2025. Lindsay Anshen Task 5—Lead (Environmental + Permitting) Years of Experience: 18 Education: MA, Social Science, Anthropology BA, English, Anthropology Lindsay is a principal environmental planner with 18 years of experience in the areas of environmental assessment, resource management, and regulatory permitting. She specializes in coordinating and facilitating federal, state, and local regulatory reviews and compliance (California Environmental Quality Act [CEQA] /National Environmental Policy Act [NEPA]) for a variety of projects and sectors including water resources, renewable energy, power generation, oil and gas, mining, as well as land use planning and development projects. Lindsay has managed numerous small and large-scale projects throughout North America from feasibility studies to permitting and compliance through pre -construction, construction, and operations and maintenance (0&M) planning support. She has ample experience leading and executing a suite of environmental studies and assisting clients with consultation with agencies, stakeholders, and the public. Through her work, Lindsay also serves as Stantec's Southern California Resource Group Leader for Planning. PROJECT EXPERIENCE Trash Capture Project I Confidential Client I Los Angeles County, CA I Project Manager/ Permitting Specialist Lindsay led the federal and state permitting application development process for a proposed trash containment system in Los Angeles County, California. Applications included the U.S. Army Corps of Engineers Section 408 and Section 10 Rivers and Harbors Act, Regional Water Quality Control Board Section 401 Clean Water Act, and California Coastal Commission Coastal Development Permit. Lindsay coordinated discipline teams to prepare technical reporting (e.g., Preliminary Jurisdictional Wetlands / Waters Delineation Report, Essential Fish Habitat Report, Biological Resources Technical Report, Cultural Resources Assessment Report). She reviewed deliverables to ensure technical completeness and compliance with federal / state requirements. Lindsay also supported various public engagement efforts, including preparing educational signage and technical memorandums regarding potential odor, lighting, noise, and vector impacts. This project received a 2023 Environmental Excellence Award. Stantec 1 14 Trash Abatement Project I Confidential Client I Los Angeles County, CA j Permitting Specialist/ Quality Reviewer Lindsay prepared federal and state permit applications for a proposed trash diversion and removal system in the California Coastal Zone, Los Angeles County, including USACE, RWQCB, CDFW, California Coastal Commission (CCC), and Los Angeles County Flood Control. She also prepared permit applications for geotechnical investigations to support the project design and coordinated teams of disciplines in the preparation of supporting technical studies, including biological and cultural resources. State Water Project Interconnection I City of Ventura Public Works I Ventura, CA I NEPA EA Lead Lindsay served as Stantec's NEPA EA lead for a proposed potable water pipeline connection to the State Water Project led by the City of Ventura Public Works. The project required multi -agency regulatory permitting, CEQA and NEPA compliance, as well as the preparation of numerous technical studies, which were analyzed in the NEPA EA. Montecito Sanitary District Title 22 Recycled Water Project I Santa Barbara, CA I Project Manager Lindsay coordinated the preparation of a CEQA Initial Study / Mitigated Negative Declaration (IS / MND) for a proposed upgrade to an existing facility, including wastewater treatment through ultrafiltration filters, reverse osmosis membranes, and sodium hypochlorite disinfection for irrigation discharge to an adjacent cemetery. She reviewed deliverables and acted as primary liaison with the client / CEQA lead. Newport Bay Waterwheel Project I City of Newport Beach j Newport Beach, CA I Technical Author/ CEQA Coordinator The project entailed construction of a "water wheel" within San Diego Creek to reduce trash entering the Upper Newport Bay area. Lindsay prepared various sections of the CEQA IS/ MND (e.g., aesthetics, land use and planning, and hazardous materials). L.S. 64 Yuba River Pipeline Relocation Project Marysville, CA j Project Manager Lindsay led the federal and state permitting, CEQA compliance (IS/MND and exemption), and environmental support for relocation of an existing pipeline across the Yuba River in Marysville, California, using horizontal directional drilling technology. Primary contact for engagement with various agencies (e.g., California State Lands Commission; CDFW; Central Valley Flood Control Board), as well as supporting the client in discussions with the City of Marysville, and other stakeholders as needed. Firm Qualifications stantec team members Michael Weber and Lindsay Anshen attend the ribbon cutting ceremony for the deployment of the Trash Interceptor'". About Stantec Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place and of belonging. That's why at Stantec, we always design with community in mind. We care about the communities we serve—because they're our communities too. This allows us to assess what's needed and connect our expertise, to appreciate nuances and envision what's never been considered, to bring together diverse perspectives so we can collaborate toward a shared success. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. We have the experience to implement your project assignments. Each team member is committed to completing work on schedule and within budget. We will keep your projects moving forward seamlessly through close coordination with team members. Your professional service needs will be met with our team's high quality work, good communications, and effective project management. As a well-established local firm, Stantec has the resources and abilities to provide personalized service while keeping the work on schedule and within budget. Our team of engineers, designers and surveyors excel in developing, enhancing safety and rehabilitating infrastructure for public facilities, and programs for preserving the recreational assets and the natural environment. They City will benefit from the Stantec team by our: ■ Excellent Communication and Comprehensive Coordination: Stantec excels in maintaining clear and consistent communication with all stakeholders, ensuring that everyone is informed and aligned on project goals. We have the ability to comprehensively coordinate all aspects of the project—from planning through execution—helps in seamlessly managing complex tasks and avoiding miscommunication or oversight. • Reputation for Innovation and Value Engineering: Stantec is recognized for its innovative approach to problem -solving, consistently delivering solutions that not only meet project requirements but also add value through cost-effective and sustainable engineering practices. Focused Attention on Timely Completion of Tasks: Our team places a strong emphasis on completing assigned tasks either ahead of or on schedule. This proactive approach ensures that the project stays on track, and that any potential delays are mitigated through careful planning and execution. Stantec 15 31K Employees in over 450 locations in six continents 4.8B+ Annual Revenue (2023) #1 Most Sustainable Corporation among Industry Peers (Corporate Knights 2023 Global 100) #5 Top 100 Global Most Sustainable Corporations in the World 16 Local Knowledge of the Area and Coastal Communities: Our familiarity with the local area, particularly the coastal communities involved in the project, provides a significant advantage. Our understanding of local dynamics, environmental factors, and community concerns allows for more tailored and effective project solutions. • Proficiency with City Standards and Regulatory Aaencies: Stantec's in-depth knowledge of the City's standards, as well as relevant state and federal regulations, ensures that the project complies with all necessary guidelines and requirements. This proficiency helps in navigating regulatory processes efficiently, avoiding potential legal or bureaucratic obstacles. • Hiahly Qualified Protect Management Capabilities: Stantec's project management team brings a wealth of experience and expertise to the table. Our strong leadership and organizational skills contribute to effective oversight, resource allocation, and success. • Comprehensive QA/QC Program: Stantec employs a rigorous Quality Assurance/Quality Control (QA/QC) program to maintain the required standards of work throughout the project. This comprehensive approach to quality management ensures that all deliverables meet expectations, providing reliable and accurate results. The Stantec community unites approximately 31,000 employees working in over 450 locations across six continents. We collaborate across disciplines and industries to bring buildings, energy and resource, environmental, and infrastructure projects to life. Our work—engineering, environmental services, project management, surveying, and project economics, from initial project concept and planning through design, construction, and commissioning—begins at the intersection of community, creativity, and client relationships. Since 1954, our local strength, knowledge, and relationships, coupled with our worldclass expertise, have allowed us to go anywhere to meet our clients' needs in more creative and personalized ways. With a longterm commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in communities. Capabilities Stantec is a leader in the development and implementation of sustainable practices and new technologies. We start by investing in our people. Certified Stantec personnel include approximately 60 Envision"' Sustainability Professionals (ENV SP), 460 Leadership in Energy and Environmental Design (LEED) Associated Professionals (AP), and 100 LEED Green Associates. Once assembled, our teams gain insight and cultivate best practices by delivering cutting-edge projects across the globe. Their ideas are spread through internal knowledge -sharing initiatives and often lead to new initiatives fostered by Stantec's Office of Innovation. Services + Areas of Expertise Permitting + Compliance Stantec excels in helping both public and private clients navigate the complexities of regulatory compliance, ensuring that they not only meet but exceed the necessary requirements. Our compliance services are designed to attain and maintain compliance while maximizing fiscal, environmental, and community benefits. We offer a comprehensive range of services, including natural resource and land use permitting, MS4 permitting, support for Consent Decrees, industrial compliance through multi -sector general permitting (MSGP), construction permitting with a focus on erosion and sedimentation control, and the development of Long Term Control Plans and Total Maximum Daily Load (TMDL) implementation strategies. Services Include: • MS4 permitting • U.S. Army Corps of Engineers, California Coastal Commission, and California Department of Fish and Wildlife permitting • Consent Decree support • Industrial compliance support including multi -sector general permitting (MSGP) and inspection and reporting programs • Construction permitting supporting including erosion and sedimentation control • Long Term Control Plan development • TMDL development and implementation Planning Effective stormwater management starts with proactive planning, and Stantec experts address challenges before they arise. We develop holistic and integrated plans for wet weather management, covering everything from watershed planning to asset management. Additionally, we provide education, outreach, and policy support to verify that these plans are well - communicated and effectively implemented. Our services include: • Integrated planning • Watershed planning • Asset management • Education, outreach, and policy support Monitoring Stantec's advanced inspection and monitoring services are designed to efficiently identify system inefficiencies, offering significant time and cost savings. Our services in this area include flow monitoring, inspection programs, source identification, and inflow and infiltration (1/1) management, all aimed at optimizing system performance. Our services include: • Flow monitoring • Inspection programs • Source identification • 1/1 management Capture and Conveyance We specialize in designing and optimizing infrastructure to sustainably capture, divert, and convey stormwater flows. Our services include condition assessments and capacity assurance, the design and implementation of green infrastructure, stormwater pumping stations, pipelines, conveyance facilities, and rehabilitation and repair efforts. We also focus on operational enhancements to achieve long-term efficiency. Our services include: • Condition assessment and capacity assurance • Design and implementation of green infrastructure Stantec 1 17 • Design of stormwater pumping stations, pipelines, and conveyance facilities • Rehabilitation and repair • Operational enhancements Treatment and Reuse As environments become more urbanized, our treatment experts are leading the development of new strategies to provide safer and clearer recreational waters to the community. Our services include: • Treating dry weather runoff • Harvesting stormwater • Brackish groundwater • Municipal wastewater for indirect potable reuse Innovation At Stantec, we are committed to fostering innovation. We support initiatives that leverage the latest technological advances, turning them into practical improvements for our clients. Our innovative services include the use of drone technology, the Internet of Things (IoT), Stantec Insight Analytics, and funding strategy support. Our services include: • Drone Technology • Internet of Things • Stantec Insight Analytics • Funding Strategy Support Funding To help clients translate innovative ideas into successful projects, Stantec offers a unique Funding Services Practice. With over 140 qualified professionals specializing in grant writing, financial consulting, engineering, and technology, we excel at identifying, applying for, managing, and tracking grant and loan funding to help clients achieve their goals. Commitment to Safety We believe that safety is an integral part of daily work and not just a function that operates independently of our projects. It is intertwined into everything we do and everything we come into contact with. 5. Schedule + Hours + � 4 ....- ilii 0 Seal Beach, CA Stantec Number of Anticipated Hours Per Task + Subtask TASK + SUBTASKS ANTICIPATED HOURS Task 1: Assessment and Data Collection 570 1.1 Assess San Gabriel River's Current Condition 418 Oversight of assessment activities, coordination with team and stakeholders, review of collected data, ensuring project goals are met. 86 Conduct field surveys, perform water quality analysis, and compile habitat condition reports. 96 GIS mapping of river hydrology, habitat, and pollution data. 144 Analysis of flow velocities, water levels, tidal patterns, and rainfall data; data validation. 76 Collection and interpretation of remote sensing data (e.g., drone footage, satellite imagery). 16 1.2 Identify and Map Sources of Pollution 124 Oversight and coordination of pollution mapping activities. 40 Field data collection and identification of point and non -point pollution sources; including work around homeless encampments and illegal dumping. 32 Compilation of pollution source mapping and integration with existing GIS data layers. 28 Conduct water quality sampling and analysis at identified locations. 24 1.3 Access to San Gabriel River 28 Coordination with Los Angeles County Flood Control District and Orange County Flood Control District to obtain permits for field surveys. 8 Permit application process, achieving compliance with county requirements. 8 Coordination with permitting and site access planning. 12 Task 2: Technology Research and Impacts 148 2.1 Review Cleanup Technologies 74 Coordination with industry experts and review of best practices. 18 Evaluate environmental compatibility of technologies. 16 Research on technology options, feasibility assessments, and performance criteria development. 40 2.2 Assess Environmental and Recreational Impacts 74 Coordination and oversight of impact assessment. 10 Evaluation of habitat, wildlife, and water quality risks. 48 Assessment of impacts on recreational activities like boating and non -motorized water sports. 16 Task 3: Estimate Costs and Identify External Funding 226 3.1 Cost -Benefit Analysis 102 Oversight and coordination of cost -benefit analysis. 4 Analysis of economic feasibility, benefits, and cost estimates. 98 3.2 Identify External Funding 124 Coordination of funding source identification. 4 Research and identification of potential funding sources including trash mitigation, Clean Water programs, and communitv funding options. 120 Number of Anticipated Hours Per Task (Continued) TASK + SUBTASKS ANTICIPATED HOURS Task 4: Stakeholder Engagement and Industry Outreach 412 4.1 Engage Local Stakeholders 244 Engage and coordinate with stakeholders, including government agencies, community organizations, and businesses. 104 Conduct interviews, meetings, and workshops with stakeholders. 140 4.2 Facilitate Public Meetings and Workshops 166 Oversight and facilitation of public meetings. 24 Preparation of presentations, materials, and facilitation of workshops and interviews. 144 Task 5: Alternatives Analyses and Report Development 322 5.1 Establish Criteria for Alternatives 58 Lead the establishment of criteria for alternatives and develop the approach to advance strategies for the design phase. 10 Conduct analysis of alternatives, considering environmental and economic factors. 40 Technical review of alternatives and technology options. 8 5.2 Feasibility Report Development 248 Lead the development of the comprehensive feasibility report, including executive summary and detailed findings. 44 Contribution to the report on environmental aspects, data collection, and alternatives recommendations. 160 Input on technology feasibility and mitigation recommendations. 44 5.3 Cost Estimate and Timeline 16 Task 6: Project Management 286 6.1 Budget and Schedule Development 17 6.2 Project Kick-off Meeting 16 6.3 Project Meetings 192 6.4 Project Cost Management 13 6.5 Monthly Invoicing 36 6.6 File Management 12 TOTAL ESTIMATED HOURS 1,964 Stantec 1 20 Project Timeline Schedule N Q u7 O i� TASKS/PHASES- W L � E 0 0 0 0 0 0 0 0 09 0 0 Task 1: Assessment and Data Collection 1.1 Assess San Gabriel River's Current Condition 1.2 Pollution Source Mapping 1.3 Access and Permitting Task 2: Technology Research and Impacts 2.1 Review Cleanup Technologies 22 Assess Environmental and Recreational Impacts Task 3: Estimate Costs and Identify External Funding 3.1 Cost -Benefit Analysis 3.2 Identify External Funding Task 4: Stakeholder Engagement and Industry Outreach 4.1 Engage Local Stakeholders 4.2 Facilitate Public Meetings and Workshops Task 5: Alternatives Analyses and Report Development 5.1 Establish Criteria for Alternatives 5.2 Feasibility Report Development 5.3 Cost Estimates and Timeline Task 6: Project Management 1*7 L� Project Understanding y � tl• k�yyr, �--' � �.f '�',4 •, ��. Q Aerial view of San Gabriel River and Seal Beach Project Approach Task 1. Assessment + Data Collection The first step in the San Gabriel River Trash Mitigation Feasibility Study will involve conducting a thorough assessment of the river's current condition, focusing on non-structural elements such as water quality, hydrology, habitat conditions, and pollution sources. This assessment will incorporate remote sensing techniques, field surveys, and GIS mapping, to collect and evaluate key data. This data will be crucial in understanding the trash problem and its contributing factors. 1.1 San Gabriel River Condition Assessment The assessment of the San Gabriel River will cover critical parameters, including channel characteristics and configuration such as width, depth, gradient, substrate, and bank stability flow velocities, discharge rates, water levels, tidal data, and rainfall, considering current and future conditions by using available projections (NOAA, CMIP6), as well as pollution data. Available data will be gathered from sources such as the Los Angeles Regional Imagery Acquisition Consortium (LARIAC) and USGS National Hydrography Dataset, and field surveys will be conducted where data is not readily available. This effort will help map hydrological behaviors, pollution levels, and habitat conditions within the watershed, establishing a clear baseline for intervention. Deliverables: • Hydrological Assessment Report: A comprehensive report detailing flow velocities, discharge rates, water levels, tidal influence, and rainfall data, alongside key findings on hydrological behaviors. • HEC -RAS Model Outputs: A set of detailed hydraulic models of the river system, visualizing water flow dynamics and providing predictive scenarios for varying conditions. • Baseline Condition Maps: GIS -based maps showcasing the current state of water quality, hydrology, and habitat conditions in the San Gabriel River watershed. Stantec 1 21 1.2 Pollution Source Mapping The second component of the assessment involves identifying and mapping both point and non -point pollution sources. This will include tracking industrial discharges, urban runoff, and illegal dumping. Where applicable, the study will also address the impact of encampments of unhoused individuals on trash accumulation. Field data, water quality sampling, and pollution data mapping will be used to evaluate the severity of trash build-up at specific locations. The concept behind trash generation and discharge is relatively well studied and understood by the Stantec team through our work on the Ballona Creek Interceptor Project. Models are getting better with additional data that we receive from Trash Collection Projects that we are implementing, however on a conceptual basis a trash generation model can be developed as follows: Trash Intercepted Figure 1. Conceptual model of trash generation, interception, and load. The term "trash generation" refers to the rate at which trash is produced or generated onto the surface of the watershed and is potentially available for transport via MS4s to receiving waters. Generation rates do not explicitly take into account existing control measures that intercept trash prior to transport. Generation rates are expressed as trash volume/acre/year and were established via the Generation Rates Project (BASMAA Trash Generation Rates Project). In contrast to trash generation, the term "trash loading" refers to the rate at which trash from MS4s enters receiving waters. Trash loading rates are also expressed as trash volume/acre/ year and are equal to or less than trash generation rates because they account for the effects of control measures that intercept trash generated in an area before it is discharged to a receiving water. Trash loading rates are specific to particular areas because they are dependent upon the effectiveness of control measures implemented within an area. The above figure illustrates the difference between trash generation and loading. Conceptual model of trash generation, interception and load trash generation rates were estimated based on factors that significantly affect trash generation (i.e., land use and income). The method used to the establish trash generation rates for each permittee builds off lessons learned from previous trash 22 IN, mop Isnot WoM•tl to mplaoo a s—sy by a no.Culli Su 4} � b lln"ni•rr f ti• Roser l:lIS A.wfiI j Air dnM Rd Los Angeles County a pN,r momma E-rllt b,:. � _R CayoYw Bark 9 , - - Country Club st Brea±Creek F Y•• W C@flit \ ¢ /p• n+an Y i a,. ,: sub' ,� Gehb• \ .� Fui< atn tir vena Pdr1. tqd ., [ s. m Nyp sc,r ait�5ta ,x Scho31 � . , texton Lrcak Fullerton reeks In-line Screens "O�e ` Self Cleaning Screens �e moodyCreek ;.�-- " �' Had �moYry Y SI warrdensns bloc dn•Avs-- � GYp•ca COD cypress G°"°" Hydrodynamic Separator R.aanpl �n tt Y • " r 1 @a • .., H s rd F3nlI Ito o F � etm" Carbon Canyon pan E.w;,,— _K It, I A,o V ^ t .f Orange County j Y ra a.,l t SUN un••acy Its.b+p 6esk 4 z �! }8rMe11 t i...n: l / !s_tic�ts ml 3r HnAtlw•w ;� c. nlh —,� ro cF� FbleMMpn //t.Wb ..- .. CA Qi.W 10l SI M"• mr '� Trash Interceptor with floating boom i o � Legend .42 tl A X Possible Trash Collection Locations In-line screens or self cleaning screens ` s ++Nis.Screens, baffles or hydrodynamic separators m `ear se<h Y". Trash Interceptor with floating boom San Gabriel River and TributariesIs a fit. s County Boundary (L Service Layer Credits: Sources: Esri, HERE, GartQh, Intermap, increment P Corp., GE�SCO, USGS, FAO, NPS, NRCAN, GeoBase, kGl t"Kadaster s NL, Ordnance Survey, Esn Japan, METI, Esri ChinattHong Kong), (c) OpenStreetMap contributors, and the GIS User Community 1 0 0.5 t 2 Figure 2 Sta ntee Miles 1 inch = 1 miles Data $c Potential N Trash Collection Locations loading studies conducted in urban areas (Allison and Chiew 1995; Allison et al. 1998; Armitage et al. 1998; Armitage and Rooseboom 2000; Lippner et al. 2001; Armitage 2003; Kim et al. 2004; County of Los Angeles 2002, 2004a, 2004b; Armitage 2007). The method is based on a conceptual model developed as an outgrowth of these studies (BASMAA 2011b). Trash generation rates were developed through the quantification and characterization of trash captured in Regional Water Board -recognized full -capture treatment devices. Trash generation rates estimated from this study are listed for each land use type in Table 1. Methods used to develop trash generation rates are more fully described in BASMAA (2011a, 2011b, 2011c, and 2012). Table 1. San Francisco Bay Area trash generation rates by land use (gallons/acre/year) Land Use Low" Best" High" Commercial + Services 0.7 6.2 17.3 Industrial 2.8 8.4 17.8 Residential, 0.3 -30.2 0.5-87.1 1.0-257.0 Retails 0.7-109.7 1.8-150.0 4.6-389.1 K-12 Schools 3 6.2 11.5 9 For residential and retail land use, trash generation rates are provided as a range that takes into account the correlation between rates and housing median income 6 For residential and retail land use: Low = 5% confidence interval; Best = best fit regression line between generation rates and household median income; and, High = 95% confidence interval. For all other land use categories: High - 9016 percentile; Best = mean generation rate; and, Low = 1011 percentile Deliverables: • Pollution Source Report: Documentation of identified point and non -point sources of pollution, with emphasis on urban runoff, industrial discharges, and illegal dumping. • SWMM Model Outputs: Detailed simulation outputs for rainfall and meteorological effects on runoff and trash inflow into the river. • Trash Hot Spot Maps: GIS maps illustrating the most severe trash accumulation areas and contributing pollution sources, prioritizing areas for intervention. 1.3 Access and Permitting The study area spans multiple jurisdictions, including Los Angeles and Orange County Flood Control Districts. Stantec 1 23 Appropriate permits will be obtained to ensure full access to the San Gabriel River and Coyote Creek. These permits will enable data collection across a wide range of sites, facilitating a comprehensive study of the trash problem throughout the river's outlet to the Pacific Ocean. It is assumed the owner will pay for the acquisition of these permits. Deliverables: • Permitting Plan: A plan documenting all necessary permits and the status of their acquisition, ensuring legal access across multiple jurisdictions. • Site Access Map: A detailed map indicating access points for data collection throughout the study area, with accompanying notes on any jurisdictional restrictions. Additional Overall Deliverables: • Final Assessment Report: A consolidated report summarizing the findings from the hydrological assessment, pollution source mapping, and the impact of current conditions on trash accumulation. Recommendations for Intervention: Based on the data, Stantec will provide recommendations for structural and non-structural interventions to mitigate trash inflow and improve river health. These recommendations will give the City an opportunity to provide input prior to the comprehensive report that will be drafted as a part of Task 5. Feasibility Study Documentation: As part of the Feasibility Study phase, an additional document will detail the most viable intervention strategies based on the collected data and modeling outputs. These recommendations will give the City an opportunity to provide input prior to the comprehensive report that will be drafted as a part of Task 5. Task 2: Technology Research + Impacts 2.1 Technology Research and Selection Cleanup technologies and best practices (i.e., trash capture devices) to establish suitability, applicability, and effectiveness criteria for addressing the identified pollution sources within the project area. Stantec will za engage industry and academia professionals and experts to develop innovative solutions and approaches to define the issues, methodologies to develop post - implementation performance criteria and evaluation metrics to assist in identifying the most feasible and cost-effective alternative(s). Technologies that will be investigated include the following: • In-line screens • Self-cleaning screens • Floating booms that may include screens, nets, or fences • Baffles • Hydrodynamic separators • Trash wheel technologies (e.g., "Mr. Trash Wheel") • Trash interceptor technologies (e.g., "The Ocean Cleanup") The performance and efficacy of trash capture devices begins first by analyzing the data collected in Task 1 to understand: • Sources of the trash and target locations where the trash capture devices can be strategically implemented to remove the most amount of trash • Hydrologic and hydraulic conditions of the location including drainage area, design flow rate, and hydraulic losses across the trash capture device • Environmental conditions, constraints, required clearances and environmental permits of the locations of proposed trash capture devices • Property rights, utility clearances, and accessibility to maintain the trash capture devices • Type and amount of trash and other solids that need Figure 3. Generic Classification of Stormwater Solids to be removed (i.e., gross solids such as litter and debris) • Nature of the trash (e.g., proportion of floatable and settleable volumes). A generic classification for stormwater solids is given in Figure 3. These classifications take factors other than grain size, such as origin and settling behavior, into account • Construction costs and future operation and maintenance (0&M) costs to verify maximum trash load reduction per dollar spent The ideal trash capture device should have the following features: • Economical to construct and operate • Simple operation; • No moving parts; • Does not require a power source; • Be resilient and robust; • Manage widely varying flowrates; • Have a high sediment & trash removal efficiency; • Minimal to no flow blockage; • Be reliable; • Be safe; • Not constitute a health hazard (e.g., create a breading spot for mosquitoes and flies); • Not increase the flood hazard near the structure (i.e., not cause substantial damming of the water); • Require minimal maintenance; • Require minimal water head (i.e., can be used with flat gradients); • Easy to clean, operate and maintain; • Unattractive to vandals. Although the criterion above is particularly important in maximizing the effectiveness of a Best Management Practice (BMP), nothing fulfilling all these currently exists. All known structures represent some sort of compromise. It is Stantec's endeavor to choose the most appropriate trash capture device to meet the circumstances. The biggest problem faced in designing a trash capture device, is that litter can be just about anything and vary in size, shape, density, and hardness. Furthermore, the characteristics of a single item often changes as it moves through the drainage system. For design, debris moving down an open channel or river is considered to belong to one of three fractions: • Bed -load (i.e., rolling or sliding along the floor of the channel); • Suspended material (i.e., drifting somewhere in- between the floor of the channel and the surface of the stream); and • Flotsam (i.e., material floating on the surface). Flotsam debris can change its physical characteristics to become suspended or bed -load material as saturation time increases and as it is being carried in the water matrix. In simpler terms, a piece of litter can become as dense as water, so it will either tend to sink or float, respectively. Turbulent forces present in storm discharges also tend to force debris into suspension. Many forms of organic litter change their effective densities and buoyancy as they are transported through the drainage system, virtually any combination of the above fractions is possible. Therefore, the division of bedload materials is not a particularly helpful classification. Although metallic objects generally move along the bottom, and pieces of polystyrene generally float, virtually everything else can be anywhere in the water column depending on the applied stream -power. Other more useful classification characteristics are size, density and settling velocity. • The size of a particular type of litter is reasonably constant except, of course, when it is broken. • The density of litter can change as it moves down the drainage system, although it generally tends asymptotically to maintain a reasonably constant value. The density of litter moving in slow water can affect whether the material will float to the surface or sink to the bottom. Stantec 1 25 Settling velocity is a function of material, size, density, shape factor, electrical charge, viscosity, and concentration. The higher the settling velocity, the more likely the object under consideration will be found near the bottom of the water column. The more negative it is, the more likely it is to be found near the surface. Although settling velocity is clearly highly variable, it is probably the single parameter that is the most useful and easiest to measure. It is the high degree of material variability that makes it extremely difficult for the engineer to design a structure that will mitigate every eventuality. Many structures work extremely well in low flows, but not in high—or vice versa—or work well with certain types of litter, but not others. Some pose major maintenance problems. The Water Research Commission of South Africa funded a four-year study into the removal of urban litter from stormwater conduits and streams (Armitage et al., 2007) looking particularly at the design of litter traps. Fifty distinctive designs from around the world were evaluated in terms of several general criteria including: • Size of catchment that could be serviced by the device (which is related to the runoff and the litter loads); • Typical cleaning frequency; • Hydraulic head requirement for operation; • Efficiency (expressed as a percentage of litter removed from the flow); • Capital and operating costs; and • Any other features that might make the structure attractive or unattractive to the potential user. Figure 4 presents the procedure that Stantec will use to select the optimal trap for a situation. 26 Figure 4. Trash Trap Selection Process ®Identify each catchment with its associated drainage system ffIdentify and measure the area of each land use Estimate the litter load from Equation 1 or by using other available data T = If.o,(V,+B,) A, Conduct hydrological assessment of: • Flood peak/frequency • Treated flow volume/design capacity ® Consider candidate trapping structures �.... Determine the expected storm loads from Equation 2: S=fj/j,s, For the structure, consider a range of design capacities and calculate: a. Overall efficiency (Equation 3): no = n$ n, b. Total storage capacity (Equation 4): V, = F� no S., / Fs and Vt' Sm.z c. Capital recovery amount (Equation 5): A = P i (1 +i)^ / ((1 + i)^ -1) d. Total volume of litter trapped (Equation 6): L = T na e. Annual cost of the structure (Equation 7): Ct = A + C� f. Unit cost of litter removal (Equation 8): C = Ct/ L Choose the most acceptable solution balancing: • Cost • Efficiency • Trash removal • Aesthetics, etc. Where: A = capital recovery amount (R/yr), which is the annualized capital cost of a structure over a specified payment period Ai = area of each land use (acre) Bi = basic litter load for each land use (ft3/yr); following are some guidelines: commercial =17 ft3/acre-yr industrial = 11 ft3/acre-yr residential = 0.14 ft3/acre-yr) C = unit cost of litter removal (R/ft3) C,, = annual cost of cleaning and maintaining the structure (R/yr) Ct = total annual cost of the structure (R/yr) Fc = average cleaning frequency (days) FS = average storm frequency (days) % = storm factor (according to provisional South African data, this varies from 1.0 for a storm occurring less than a week after a previous downpour; to about 1.5 for a storm occurring after a dry period of about three weeks; to about 4.0 for a storm occurring after a dry period of more than about three months) %i = storm factor for a specific storm event; refer to definition for fS lfsi the sum of all the storm factors for all of the storms in the year (since this information is generally not available, a suggested alternative is to count the average number of significant storms in a year and multiply by 1.1) %ci = street cleaning factor for each land use (according to provisional South African data, this varies from 1.0 for regular street cleaning to about 6.0 for non-existent street cleaning/complete collapse of services) i = interest rate (expressed as a fraction) L = load trapped by the structure (ft3/acre-yr) n = repayment period (years) % = overall efficiency of the installation qs = published efficiency of the structure r1f = treated flow volume expressed as a fraction of the total flow P = capital cost of the structure (R) S = storm load in the waterways (ft3/storm) Sa, = average estimated storm load (ft') T = total litter load in the waterways (ft3/yr) Vi= vegetation load for each land use (ft3/yr) (according to provisional South African data, this varies from 0 ft3/acre-yr for poorly vegetated areas to about 7 ft3/acre-yr for densely vegetated areas) Vt= required trap storage (ft') Stantec 1 27 2.2 Implement Impacts Stantec will assess the potential wide range of environmental and recreational impacts of ongoing and planned trash collection devices or activities, including: • Risks to habitat and/or wildlife; • Recreational activities (e.g., boating, non -motorized water sports, navigability) • Water quality • Aesthetics/lighting, vectors and odors, noise We will also consider: • Regulatory permitting and municipal jurisdictions such as the Coastal Commission, Regional Water Quality Control Board, US Army Corp of Engineers, US Fish and Wildlife Service, California Department of Fish and Wildlife. • Potential CEQA and NEPA review requirements; • The overall timelines for implementation (i.e., planning, permitting, entitlements, environmental review, design, and construction); and • Long-term management approaches. Stantec will coordinate closely with the City during the alternatives evaluation process to discuss technical issues, refine our understanding of existing City practices, and request information when required. We expect the majority of this coordination will be done via telephone calls and web meetings, but in some cases site visits or in-person meetings may be required. Task 3: Estimate Costs + Identify External Funding 3.1 Cost -Benefit Analysis The City of Seal Beach and other jurisdictions within the San Gabriel River Watershed face a number of challenges around water management, balancing increasing infrastructure costs with protecting water quality, and minimizing flood risk. These stakeholders continue to face challenges when trying to integrate sustainability, risk analysis, and resiliency into their investment and operating decisions. They require sound methods to prioritize major investments that are best able to achieve their organizations' goals of meeting regulatory requirements; preventing trash from ending up on 28 beaches; and improving water quality. Given limited funding and increasing demand to protect our beaches over the coming years, more organizations are seeking to utilize rigorous economic analysis to more fully assess investments to make the best use of its funds amongst competing capital projects. This is true for the City of Seal Beach given the multitude of possible designs and investments related to water infrastructure, as well as the variety of stakeholders involved including various municipalities, and the broader region of Orange and Los Angeles Counties. The underlying approach used to support Stantec's planning efforts with the City of Long Beach is a widely -used framework called cost -benefit analysis (CBA). It's also referred to as Triple Bottom Line Cost Benefit Analysis (TBL-CBA). The approach is an evidence -based economic method that combines Life Cycle Cost Analysis (LCCA) and CBA techniques to quantify and attribute monetary values to the triple bottom line impacts of a given project or proposal. These analytics provide a direct means to integrate the broader social and environmental perspectives into decision making, as well as makes it possible to objectively and defensibly justify a project to key stakeholders such as internal decision makers, project sponsors, external project stakeholders, and the broader public. Results also allow for comparison and prioritization of designs on a relative apples -to -apples basis. Stantec will conduct a cost -benefit analysis to evaluate the economic feasibility of implementing each proposed trash mitigation solutions. The results will enable the City and its stakeholders to prioritize investments for those projects that have the greatest impact of removing trash from the watershed. 3.2 Funding Source Identification Lack of funding is consistently cited as a barrier to the implementation of stormwater management programs. However, there are a variety of funding sources the City of Seal Beach can take advantage of. For example, green infrastructure projects generate so many benefits that they can compete for a variety of diverse funding sources. Across North America, Stantec's Funding Services Practice includes over 140 professionals largely focused on assisting public clients to identify, apply for, manage, and track grant and loan funding for important initiatives. We have a significant amount of experience with federal, state, and local funding and in recent years have helped clients secure more than $8 billion. Integrated Services With Stantec you have an integrated team of resources at your fingertips - not only grant writers, but experienced financial consultants, engineers, and technology experts with relevant experience in water quality, energy, remediation, climate & resiliency, and emergency management projects. We have successfully leveraged our technical offerings into our Funding Services Practice to create robust applications that wow the granting agencies. With Stantec, you get a one stop shop. Funding Strategy Support When it comes to funding stormwater projects, timing is critical. Funding programs and their application cycles are constantly being modified. To craft competitive applications, it's critical the City has adequate time to develop complete application packages for submission. There are more than 10,000 funding programs that our team tracks through internal and external tools. We stay ahead of funding trends and application cycles and our track record is evidence that our methods work. Our funding approach includes effective research, a deep understanding of project characteristics, careful planning and proactive management to maximize available funding for the County's projects. Our funding workflow is shown in Figure 5. Grant and Loan Funding Support We will work with City staff to develop a list of potential loans and grants based on clear decision criteria including, but not limited to, funding available, schedule alignment related to application deadlines and project milestones, access to required match, agency requirements associated with accepting the funding, and restrictions that may be placed on projects with grant or loan funding. We have the tools, databases, and relationships to help identify and secure funding. With over 140 funding specialists at Stantec, we have a powerful funding knowledge network. At the federal, state, and local levels, Stantec has established relationships with Figure 5. Funding Support Workflow Develop a Funding Strategy • Identify priority projects • Research potential funding sources • Evaluate probability of success and return on effort • Confirm eligibility • Prioritize which grants and loans are worth pursuing • Finalize funding strategy and schedule Application Preparation • Designate lead funding specialist and team • Facilitate funding application kick-off • Develop and manage all elements of application (i.e., narrative, attachments, letters of support) • Assemble application package + assist with delivery --- Secure Funding Post -Award Grant Management Support • Provide project management + oversight as needed • Support funding agreement negotiations • Refine scope and budget, if needed • Assist with reporting requirements funding program administrators. We also proactively research, follow and get ahead of funding trends and leverage databases and tools to help identify and secure funding. In addition to developing funding strategies for many other clients across the US, in 2020 our team developed funding strategies for the Casitas Municipal Water District, the City of San Diego's stormwater program, and the Sacramento Railyards' Stormwater Stewardship and Groundwater Protection project. We appreciate the unique funding challenges and opportunities California stormwater utilities face and can design funding plans that bring in capital for critical projects. Communication helps our funding services team learn about program changes in real time and understand which project characteristics should be illuminated in the application narrative. Our team can decipher Stantec 1 29 whether the funding levels of a program and the project at hand's competitiveness warrant the level of effort required to submit and administer the grant. This is particularly important in California, where a deep understanding of State funding program objectives and administration is essential to being awarded grants and loans. It is important that the City does not waste time and energy on a funding source when there are better options. From our understanding of need and our assessment of the funding landscape, we develop a preliminary list of funding programs and partners. These include local, regional, state, and federal funding partners including: a) Homelessness trash mitigation program funding; b) Clean Water program funding; and c) Community Group and Volunteer Funding and Cleanup Programs. The funding option information is presented in a table, or Funding Matrix, which includes key characteristics including, but not limited to, funding available, eligibility requirements, requirements associated with accepting the funding, and restrictions that may be placed on projects with grant or loan funding. Task 4: Stakeholder Engagement and Industry Outreach Engagement with key stakeholders will be central to the success of the initiative. This will include collaboration with government agencies, community organizations, environmental advocacy groups, and businesses. Workshops and interviews will be organized to gather input, address concerns, and build support for the proposed trash mitigation solutions. Stantec will work with the City of Seal Beach to define the Objective of the Stakeholder Engagement and Industry Outreach. Some typical objectives can be a combination of the following: • Build Trust and Transparency: Establish clear communication channels to foster trust and transparency among stakeholders, confirming they are informed and involved throughout the feasibility study. 30 • Gather Diverse Input: Collect valuable insights and feedback from stakeholders and industry experts to inform the study and enhance its relevance and effectiveness. • Promote Collaboration: Encourage collaboration between government agencies, community organizations, environmental advocacy groups, and businesses to build a unified approach to trash collection. • Educate and Inform: Provide stakeholders with information on the study's goals, methodologies, and expected outcomes, helping them understand its significance and potential impact. Stantec anticipates that initial outreach efforts will involve engagement with local representatives, such as State Assembly members, County Supervisors, and representatives from the City of Seal Beach and Long Beach. Environmental groups like the Surfrider Foundation and watershed management groups will be critical partners in assessing the trash problem and proposing mitigation strategies. We will start this process by creating a map of the stakeholders then developing an appropriate communication strategy for Government Agencies, CBOs and Advocacy Groups, Businesses and the General Public while emphasising key messages. We understand that communication is a feedback loop that occurring in an iterative sense. Stantec will document the feedback that we receive and how we address the concerns or recommendations. Stantec's approach to Stakeholder Engagement is outlined in the below Figure 6. Below if a list of entities that Stantec will engage with at a minimum: • State Assembly member's 69th District and 72nd District • State Senator District 36 • County of Orange (1st District) • County of Los Angeles (4th District) • City of Seal Beach • City of Long Beach • Surfrider Foundation (North Orange County and Long Beach Chapters) • Lower San Gabriel River Watershed Management Group • Lower Los Angeles River Watershed Committee, as needed Deliverables: • Stakeholder Engagement Plan: A comprehensive plan outlining outreach strategies for government agencies, community organizations, environmental groups, and businesses • Meeting and Workshop Summaries: Documentation from all public meetings and workshops, including key insights, concerns, and feedback from participants • Partnership Agreements: Formal agreements with key partners, such as environmental groups, businesses, and government agencies, outlining roles and responsibilities in the trash mitigation effort • Public Outreach Materials: Development of materials such as flyers, newsletters, and digital content to raise awareness of the initiative and encourage public involvement Figure 6. Approach to Stakeholder Engagement :;............... STAKEHOLDER DEVELOP - EVALUATION START: DEFINE 't ENGAGEMENT INDUSTRY FEEDBACK 'DOCUMENTATION; ;IDENTIFICATION ; COMMUNICATION; ' +CONTINUOUS OBJECTIVES MAPPING STRATEGY ACTIVITIES OUTREACH ITERATION; +REPORTING i INVOLVEMENT 1. Goals: Trust, 1. Key Stakeholders: 1. Channels: 1. Kickoff Meetings 1. Partnership 1. Establish 1. Meeting 1. Post -Engagement Collaboration, Government, Briefings, 2. Workshops and Building Feedback Loop Summaries Evaluation Education, Advocacy Groups, Workshops, Public Focus Groups 2. Roundtables 2. Review and 2. Progress Reports 2. Apply Lessons Feedback Community, Forums, Social 3. Public Forums/ 3. Technical Advisory Incorporate 3. Final Report Learned Businesses, Media Town Halls Group (TAG) Feedback Residents 2. Messaging: Clear, 4. Surveys/ 4. Case Studies and 3. Revise Approaches 2. Mapping: Influence Accessible, Questionnaires Best Practices as Needed vs. Interest Matrix Jargon -Free 5. Regular Updates Task 5: Alternatives Analyses and Report Development Based on the assessment and data collection, a series of alternatives for trash mitigation will be developed and analyzed. Criteria for evaluation will consist of feasibility, effectiveness, cost, and regulatory compliance. The aim will be to propose a range of implementable solutions that align with the goals of the project. 5.1 Comprehensive Feasibility Report Stantec will create a feasibility report that will compile the findings from the assessment phase and propose at least three potential trash mitigation strategies. Each strategy will be accompanied by detailed cost estimates, implementation timelines, and challenges related to permitting, compliance, and operations. The report will include an executive summary, documentation of project scope, data collection methods, and recommendations for long-term solutions. A preliminary outline of the Feasibility Report is included within this proposal. Deliverables: Draft and Final Comprehensive Feasibility Report: This report will include an executive summary, documentation of project scope, methods for data collection, and recommendations for long-term trash mitigation solutions. It will analyze the pros and cons of each alternative, addressing: >, Feasibility: Practicality of implementation, including technological, environmental, and logistical aspects. » Effectiveness: Expected performance of each alternative in reducing trash accumulation in the river. Cost: Detailed cost estimates for each alternative, factoring in design, construction, and long-term maintenance costs. • Regulatory Compliance: Analysis of the permitting and regulatory challenges associated with each alternative. Stantec 1 31 5.2 Detailed Project Summary and Cost Analysis As part of the report development, Stantec will prepare a project summary sheet that outlines the recommended improvements. In addition, Stantec will produce cost -benefit analyses for each recommended alternative, focusing on implementation timelines and phased improvement approaches. Deliverables: • Project Summary Sheet: A concise document summarizing the recommended improvements and key data points from the feasibility report. It will be structured to facilitate discussions with stakeholders and decision -makers. Cost -Benefit Analyses: For each recommended alternative, Stantec will conduct detailed cost -benefit analyses, focusing on the financial, environmental, and social benefits versus the costs of implementation. This will help guide the City of Seal Beach in making informed decisions about which alternative to pursue. Implementation Timeline and Phasing: A phased implementation plan will be provided, outlining short-term, mid-term, and long-term steps for each alternative. This will confirm that improvements can be carried out incrementally while considering funding availability and regulatory deadlines. Final Deliverables: • Draft and Final Project Report: Comprehensive reports including all relevant data, analyses, and recommendations. Stantec will produce a draft for initial review and a final report incorporating feedback from stakeholders. • Summary Sheets: Condensed project summaries tailored for presentations and discussions with key decision -makers. • Cost -Benefit Analysis Report: A focused report on the financial aspects of each alternative, including projected timelines for returns on investment and potential funding sources. • Electronic Data Files: All relevant electronic data files will be formatted for compatibility with the City of Seal Beach's systems, ensuring seamless integration into their existing processes. 32 Task 6: Project Management Effective project management will be maintained throughout the duration of the initiative, ensuring that milestones are met, deliverables are provided on schedule, and all parties are kept informed of progress. This will include regular meetings, budget tracking, and the submission of monthly reports and invoices. Stantec's PM Framework is as follows: Project manager, Michael Weber, will perform all project management tasks using Stantec's proven Project Management Framework. He will serve as the City's main contact on this project, in addition to: Preliminary Project Plan (PM Plan) Michael will develop a project -specific PM Plan that consists of 10 -Point Project Management Framework of the elements described in Figure 7 below. Project Description and Key Team Member Summary The PM Plan will include detailed description of the contracted scope, and a complete list of both Stantec and City key contacts that will include name, role, email, and phone information. Figure 7. Stantec's PM Framework Scope and Schedule Management The PM Plan for the San Gabriel River Trash Mitigation Feasibility Study will clearly describe all tasks in the contracted scope and identify milestone deliverables. The PM Plan will also identify key team members (lead engineers, technical leads) responsible for each task's milestone deliverables. To manage the scope, Michael will develop a schedule in coordination with City staff and work closely with the key team members through regular internal meetings to track progress, identify changes/issues, mitigate risk, and conduct QA/QC reviews. The electronic project schedule will include all submittals, meetings, workshops, and milestones. Progress will also be presented to the City as discussed in the Communication Plan further in this section. These progress summaries will include budget, schedule, status, and project issues, status, and Project issues. Project Administration and Change Control Change is defined as any outside factor with a potential impact on a scope, budget, or schedule. Stantec's proposal, executed contract, contracted scope (including milestone deliverables) and fees will be distributed to the key staff responsible for task execution and milestone deliverables. During project 00. Prepare proposal, including a preliminary Project 05. Monitor the project management dashboard Plan with scope, budget, resources, deliverables, and regularly. Follow best practices for managing schedule. Conduct and document an independent project financials, including time, work in progress, review of the final proposal. accounts receivable, and estimates to complete. 01. Obtain written instructions to proceed and execute an approved written contract. Obtain written subconsultant agreements. 02. Prepare Project Plan with appropriate level of detail. Conduct/document independent review. 03. Establish hard copy and/or electronic project record directories. File project records. 04. Complete a Health, Safety & Environment (HSE) risk management assessment, document all projects involving field work. 06. Obtain client's written approval on scope of service changes in a timely manner. 07. Conduct and document a quality review of all final deliverables prior to issue. 08. Conduct and document an independent review of all final deliverables prior to issue. 09. Close off the project financials and close out the project files. execution, deviations from contracted scope may be identified and can consist of internal changes initiated by the project team, external changes initiated by the City, and include input from third -party stakeholders, availability of resources, changing construction and implementation costs, or other factors. To manage any changes on the project, Michael will maintain a Change Management Log to document changes and associated costs. He will also notify the City of any scope changes and changes will not be implemented without agreement and written approval from the City. Cost Management The PM Plan includes the tools and techniques for tracking project budget, schedule, and scope. It will provide a summary and detailed project budget breakdown, itemized by task, and listing each team member's title and billing level, as appropriate. Project manager Michael Weber will monitor project costs on a weekly basis using Stantec's Business Intelligence Platform, which provides a real-time snapshot of project financials. As required by Stantec's Project Management Framework, project manager Michael Weber will prepare an estimate -to -complete (ETC) each month to help identify any factors, changes, or costs that may impact the project's overall financial health. Earned value management is a critical element of project management at Stantec and ETCs are used to evaluate earned value on our projects. In addition, Stantec uses a forecasting tool called Integrated Project Solutions to complete ETCs. This tool analyzes earned value based on actuals pulled from the Oracle system and on physical completion of milestones percentages. To help identify and mitigate any potential issues, each ETC is reviewed by one of Stantec's Project Management Commercial Leaders (PMCL). The PMCL's role is to provide guidance to our PMs, work with them to troubleshoot any issues, and support them in successfully completing projects. Health and Safety Stantec is extremely safety centric and has developed protocols to support a strong safety culture on all our projects. Examples of these protocols for fieldwork are: • At the beginning of the project and as conditions change, the PM has the field team leader prepare a Risk Management Strategy Form (RMS01 Form) and/ or Health and Safety Plan (HASP) to identify any Stantec 1 33 risks prior to field mobilization. This plan is reviewed/ approved by both the PM and a Stantec Health and Safety Officer. All Stantec personnel visiting the Project site must review all safety forms (e.g., RMS01 and/or HASP), and signoff to indicate they have read and understand the potential hazards on site and will comply with any specific protocols required to do the work safely. Client/Team Communications Our project -specific Communications Plan will provide team contact information in addition to establishing a regular meeting schedule with the City to update scope progress, current budget, and schedule status. Workshops will be used to evaluate overall progress at critical milestones. On a day-to-day basis, Stantec will keep an ongoing record of any decision points transmitted via email or by phone conversations (using a contact log or follow-up email to confirm the information imparted is correct and agreed upon by both parties). We will also keep project -specific emails, meeting agendas, and notes throughout the project which can be shared with the team as applicable. On a monthly basis, the team will prepare a monthly report including progress to date, pending action items, current expenditures and remaining budget, and updated schedule. Quality Assurance + Quality Control Quality planning performed early in the project cycle has a tremendous positive impact on overall schedule and cost control throughout the project lifecycle. It is an important step that must be made at the onset of a project to be effective, so it can be incorporated into both initial and subsequent project documents and executed by the project participants. Adhering to Stantec's QA/QC procedures is an integral and inseparable part of our project management. To instill quality into our products, Stantec uses a system of formalized policies, procedures, and checklists that incorporate lessons learned from projects similar to the City's work. Figure 8 demonstrates the components of our QA/QC management philosophy. 34 Figure 8. QA/QC Framework Quality Control: Monitor specific project results to determine if these comply with relevant quality standards and identify ways to eliminate causes of unsatisfactory performance. Quality Planning: Identify the appropriate quality standards relevant to each proposed project, formal acceptance, and determination of the means to satisfy them. Quality Assurance: Evaluate the overall project performance on a regular basis to provide confidence the project will satsfy the relevant quality standards Quality Management Plan (QMP) The purpose of our QMP is to outline the process and steps which Stantec uses to maintain the expected high-quality level of work. Since the type of deliverables may vary widely between projects, the QMP outlines the deliverables to be reviewed, person responsible for the quality review, documentation of backcheck of reviewer comments, and an overall schedule of the review and any quality -related changes. The QMP will outline when QA/QC reviews will take place during the work. Potential Risks and Proposed Solutions Project risk review starts before a contract or task order is signed. Our risk management process consists of five steps: 1. Identification 2. Qualitative analysis 3. Quantitative analysis 4. Risk response 5. Risk monitoring during the planning stage Stantec will work closely with the City to decide how to approach, plan, and execute risk management activities. It is important that during this step, the process for risk identification is analyzed, acted upon, and communicated. Stantec will periodically review project progress and the Risk Register with the City. The Risk Register is intended to be a living document that lists risks and the manner in which they are being addressed. It not only identifies potential threats to the project but opportunities as well, such as activities that might lead to early completion of a task. Project manager Michael Weber will regularly communicate with the City to review project performance and project risks. Risks that may have significant impact on project execution and/or project performance, will be communicated immediately to the City. Below is a brief description of each step followed by an example of the risk management process using the Risk Register. Risk Identification. During this step, potential risks that might affect the project are determined and characterized. For example, delays from permitting and construction activities may affect the overall project schedule and cost. Qualitative Risk Analysis. The identified risk—in this example, schedule delays—is then assigned an initial risk rating of high, medium, and low. This helps to facilitate a risk response action and prioritize resources to address the risks. Quantitative Risk Analysis. In order to estimate the probability that the project will meet cost and schedule objectives, risks are quantified in terms of both cost and time. Based on the likelihood that the risk would occur, an expected value is produced. Continuing with our example, it is assumed that the likelihood of the occurrence of the risk is 50% with an estimated cost of $100,000 and duration of 20 weeks. However, when accounting for the 50% likelihood, the actual expected risk becomes $50,000 and 10 weeks. Risk Mitigation. Working alongside the City, Stantec will develop strategic options to mitigate the risks based on the risk category (high, medium, low). Once the risk mitigation has been identified, it is entered into the Risk Register (as shown in the risk register table to the right) and resources are allocated to implement the mitigation strategy. Risk Monitoring. Project Manager Michael Weber will monitor the Risk Register on a monthly basis alongside the City during project review meetings. During these meetings, we will review the identified and residual risks. In addition, Stantec will look to identify new risks and review progress on risk response plans during risk monitoring activities. Figure 9. Risk Management Process Risk Identification Quantitative Risk Analysis 6.1 Project Kick -Off Meeting and Coordination An in-person project kick-off meeting will be held to initiate activities and establish communication protocols. Key administrative items such as budgeting, scheduling, and invoicing will be discussed, along with coordination with other applicable agencies. Stantec 1 35 6.2 Ongoing Project Management Stantec will facilitate ongoing project meetings (both in-person and virtual) to ensure that the project is progressing according to plan. A total of 12 meetings are proposed, although this number may be adjusted based on the needs of the project. Meetings will be documented with agendas, status updates, and notes, and monthly progress reports will be submitted to the City of Seal Beach for review. Deliverables: Deliverables for project management will include detailed work plans, meeting agendas, budget and schedule documentation, and all required progress reports. A file -sharing portal will be established to streamline project correspondence and data sharing, ensuring efficient collaboration among all project participants. Scope of Work Stantec provided environmental services support for a proposed pilot trash collection device to be deployed in Ballona Creek, Los Angeles County. The project would consist of a solar -powered floating trash barge that would automatically convey floating trash into a containment system on the barge. Stantec prepared all federal and state permit applications, including supporting technical studies, such as U.S. Army Corps of Engineers Section 408 and Section 10 Rivers and Harbors Act; Regional Water Quality Control Board Section 401 Clean Water Act; and California Coastal Commission Coastal Development Permit. Stantec also supported various public engagement efforts such as preparation of educational signage. Our services additionally included preparing a biological assessment, essential fish habitat assessment, cultural/ historic resources study, hydraulic modeling, odor study, lighting analysis, noise study, and vector study, and an operation, maintenance, repair, and rehabilitation plan. Stantec's environmental studies were instrumental in demonstrating the project would not result in substantial environmental impacts. This allowed U.S. Army Corps of Engineers to approve the project through a Letter of Permission that was excluded from NEPA review and California Coastal Commission to issue a de minimis waiver rather than a regular Coastal Development Permit that streamlined agency permitting of the project. Stantec 1 36 Ballona Creek Trash Interceptor"m Pilot Project Location: Los Angeles County, CA Client: Los Angeles County Public Works Client Reference: Marcela Benavides-Aguilar, M.S. Senior Civil Engineer Phone: 626- 458-4372 Email: mbenavid@dpw.lacounty.gov Role: Prime Professional Services: Feasibility/siting evaluation, environmental study, regulatory permitting, community engagement, public education Contract Value: $400,000 Project Dates: 2021-2023 Project Outcome First Trash Interceptor" deployed in North America. Streamlined regulatory approvals and settlement of legal challenges through focused technical study. Stantec and Los Angeles County Public Works were recipients of an Environmental Award of Excellence from the Industrial Environmental Association for the project. Personnel Assigned Michael Weber, Jonathan Abelson, Lindsay Anshen, Ed Othmer On behalf of the Stantec team, Ed Othmer, Lindsay Anshen, and Michael Weber accepted the 2023 Environmental Award of Excellence from the Industrial Environmental Association. 37 Scope of Work Stantec is preparing an Initial Study/Mitigated Negative Declaration for this project that involves the construction and operation of a trash diversion and removal system in the California Coastal Zone of Ballona Creek. The project would substantially reduce the volume of trash potentially flowing into the Ballona Wetlands and adjacent ocean environment. The project would benefit biological resources, water quality, and aesthetics. The environmental impact analysis was supported through preparation of a jurisdictional wetlands/waters delineation report, biological resources technical report, aquatic resources survey report, air quality study, and cultural resources study. Stantec is also preparing permit applications to the U.S. Army Corps of Engineers (Clean Water Act Section 404 Permit, Rivers and Harbors Act Sections 10 and 408 Permits), Regional Water Quality Control Board (Clean Water Act Section 401 Water Quality Certification), California Department of Fish and Wildlife (Fish and Game Code Section 1602 Streambed Alteration Agreement), and California Coastal Commission (Coastal Development Permit). Ballona Creek Trash Abatement Project Location: Los Angeles County, CA Client: Los Angeles County Public Works Client Reference: Marcela Benavides-Aguilar, M.S. Senior Civil Engineer Phone: 626- 458-4372 Email: mbenavid@dpw.lacounty.gov Role: Prime Professional Services: Technical studies, environmental impact analysis, regulatory permitting Contract Value: $750,00 Project Dates: 2021 -Ongoing Project Outcome Broad range of technical studies completed. Regulatory permitting for geotechnical investigation in progress. Regulatory permit applications and environmental impact analysis documentation prepared for long-term trash capture phase. Personnel Assigned Michael Weber, Jonathan Abelson, Lindsay Anshen V i Scope of Work Stantec prepared an Initial Study/Mitigated Negative Declaration to meet California Environmental Quality Act requirements for this innovative project that involves construction and operation of a trash removal system in the California Coastal Zone of San Diego Creek/Upper Newport Bay. The project would substantially reduce the volume of trash flowing into Newport Bay and adjacent sensitive habitats/shoreline and benefit biological resources, water quality, and aesthetics. The environmental impact analysis was supported through preparation of a jurisdictional wetlands/waters delineation report, biological resources technical report and aquatic resources survey report. Stantec prepared the Initial Study/Mitigated Negative Declaration under a very compressed schedule to assist the City in securing substantial Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop 1) grant funding for the innovative project. Stantec's scope of work included responding to public comments and addressing concerns for potential impacts related to odors, attracting vectors such as rodents, degrading viewsheds, and entrapment wildlife. Stantec's response to comments were integrated into a Final Initial Study/Mitigated Negative Declaration that was adopted by City Council. Stantec also assisted the City with meeting public noticing requirements throughout the CEQA process. Stantec 1 38 Newport Bay Water Wheel/ Trash Removal Project Location: Newport Beach, CA Client: City of Newport Beach Public Works Client Reference: John Kappeler Senior Civil Engineer Phone: 949-644-3218 Email: jkappeler@city.newport-beach.ca.us Role: Prime Professional Services: Technical studies, environmental impact analysis Contract Value: $150,000 Project Dates: 2018-2019 Project Outcome First Trash Water Wheel with completed public environmental review on the west coast of the United States. Project construction in progress. Stantec's deliverables used to successfully secure $13M in state grants for the project. Personnel Assigned Michael Weber, Lindsay Anshen 39 Huntington Beach Harbour Commission Briefing on Waterborn Trash Scope of Work Stantec was invited by and briefed City of Huntington Beach Harbour Commission in 2023 on the potential for waterborne trash removal projects within the City's jurisdiction. The briefing included a presentation focused on sources and effects of waterborne trash in the City, types of technologies that could be considered to address it, and recommendations on potential next steps to further study the feasibility of potential trash removal projects. Location: Huntington Beach, CA Client: City of Huntington Beach Harbour Commission Client Reference: Craig Schauppner Chair, City of Huntington Beach Harbour Commission Phone: 571-236-7897 Email: schauppner@gmail.com Role: Prime Professional Services: Desktop due diligence, critical issues analysis, feasibility and technology considerations, briefing at public meeting Contract Value: $0 (Pro Bono) Project Dates: 2023 Project Outcome The Chair of the Huntington Beach Harbour Commission had the following to say about Stantec's contributions and performance: "Michael and Lindsay, As the Chair of the Huntington Beach Harbour Commission, I want to thank you for your presentation at our March 23, 2023 meeting. The time and effort you spent preparing your brief for our unique circumstances were evident and your passion for the subject matter really shined through. As I mentioned during the meeting — one of the best presentations in my four-year tenure on the Commission. 1 cannot overstress the timeliness and importance of your presentation. Later in the meeting, the Commission approved the establishment of an ad-hoc committee to further evaluate waterborne trash collection methodologies. The ad-hoc committee will return with recommendations on how to address this important challenge in Huntington Harbour. The information and insights you provided established a solid foundation for that effort. Thank you again, Craig" Personnel Assigned Michael Weber, Lindsay Anshen, Ed Othmer, Jonathan Abelson City of Seal Beach Los Cerritos Wetland Authority (LCWA) Water Main Lining Location: Seal Beach, CA Client: City of Seal Beach, Public Works Department Client Reference: Iris Lee, Public Works Director Telephone: 562-431-2527 ext. 1322 Email: ilee@sealbeachca.gov Role: Prime Professional Services: Engineering design Contract Value: $255,942 Project Dates: 2020 -Ongoing Project Outcome Design has been completed, Coastal Commission Permits Ongoing Personnel Assigned Mohammad Heiat, Michael Weber Stantec 1 40 Scope of Work Stantec provided engineering design services for the design of rehabilitation of a portion of the existing water system that extends from the intersection of First Street and Pacific Coast Highway northeasterly along a private road through the Los Alamitos Wetland Conservancy property to the Orange County Flood Control District, Los Alamitos Pump Station property approximately 4,000 linear feet in total length. The existing waterline within the project area is an 18 -inch cast iron pipeline initially constructed in 1968. Of recent history, the City has experienced several pipeline failures along the subject reach within the project area, causing water leaks and requiring immediate emergency repair in order to maintain reliability of the existing water system. Due to the environmentally sensitive nature of the project area, more specifically the project area is a dedicated wetland preserve, a complete replacement of the existing pipeline is not desirable using tradition open -cut construction methods. As such, the City intends to rehabilitate the existing pipeline using trenchless technologies and therefore minimize the impacts to the existing areas within the project footprint. DM N��to;- Stantec 1 41 Exceptions Standard Professional Services Agreement We have reviewed your proposed Standard Professional Services Agreement and if selected for services, we will be able to conclude a mutually satisfactory contract with you. Scope of Services Stantec takes no exceptions to the scope of services included in the RFP. Fee Proposal Per the RFP, we have submitted the Fee Proposal in a separate sealed envelope. Stantec Consulting Services Inc. 38 Technology Drive Stantec Irvine CA 92618-5312 October 28, 2024 Iris Lee, Director of Public Works 211 Eight Street Seal Beach, CA 90740 Dear Iris Lee, Director of Public Works, Reference: San Gabriel River Trash Mitigation Feasibility Study Professional Engineering Services (CIP SD2501) Stantec is pleased to provide City of Seal Beach the enclosed amended proposal and opinion of probable cost for the San Gabriel River Trash Mitigation Feasibility Study. The scope of work and opinion of probable cost include the following amendments: • Task 1 was amended to remove HEC -RAS modeling in lieu of relying on other additional existing data sources. • Task 4 was amended to limit engagement to government agencies and applicable organizations rather than including the general public in initial stakeholder engagement. • Task 5 was amended to remove technical review of alternative technology options which was further incorporated and streamlined in Task 2. • Reduced the estimated overall project management effort. • Reallocated some of the project management and technical task effort to qualified, lower rate professionals. These amendments reduced the total opinion of probable cost from $488,836 to $349,933 while maintaining the overall scope of work and objectives City of Seal Beach included in the Request for Proposals. Please contact Michael Weber, Project Manager, at (805) 477-8580 or the undersigned should you have questions on the amended scope of work and opinion of probable cost or need further information. We look forward to the opportunity to support City of Seal Beach with the feasibility study. October 28, 2024 Iris Lee, Director of Public Works Page 2 of 2 Reference: San Gabriel River Trash Mitigation Feasibility Study Professional Engineering Services (CIP SD2501) Regards, STANTEC CONSULTING SERVICES INC. Ed Othmer, PE, CPESC, CPSWQ, QSPID ToR, QISP ToR, ENV Mohammad Heiat PE SP, PMP Principal Vice President, North America Wet Weather Flow Sector Phone: (949) 322-8083 Phone: (619) 279-3682 Mohammad.Heiat@stantec.com Ed.Othmer@stantec.com Attachment: Amended Proposal and Opinion of Probable Cost FEE ESTIMATE - San Caabriel River Trash Capture Fetid ty Study I r Ar 1010 Contract Signatories + Business Entity Q Stantec's remote sensing analysts and environmental scientists use drones and satellite imagery to help clients better understand their environments. Stantec 1 42 Contract Signatories In accordance to California Corporate Code Section 313, by signature heron, Stantec certifies that all necessary corporate acts have been taken to authorize and sign this document and that all information provided is an accurate representation of the firm. Company Name: Stantec Consulting Services Inc. Signature: Signed by: Ed Othmer, PE, CPESC, CPSWQ, QSP/D ToR, QISP ToR, ENV SP, PM Title: Vice President Email: Ed.Othmer@stantec.com Phone: 619-279-3682 Date: 09/10/2024 Business Entity + Licenses Stantec Consulting Services Inc. is a New York Corporation. Our Federal Tax ID: 11-2167170 Stantec is registered with the Department of Industrial Relations, Registration number 1000008020. Stantec is a wholly-owned susidiary and is the primary US operating entity of Stantec Inc., a publicly traded corporation on the New York Stock Exchange (NYSE). CITY OF SEAL BEACH 'For Serwaes Prowded o Ute City of Seal aeach. Caflfwwa Only" License Issue To: STANTEC CONSULTING SERVICES INC 251 LITTLE FALLS DR WILMINGTON, DE 19808-1674 OwnseslAgeni's Name: STANTEC CONSULTING SERVICES INC Company Name: Stantec Consulting Services Inc. Signature:����� Signed by: Mohammad Heiat, PE Title: Principal Email: Mohammad.Heiat@stantec.com Phone: 949-322-8083 Date: 09/10/2024 We are licensed and in good standing with the California Secretary of State; entity number C3259819. We can provide a certificate of status from the California Secretary of State upon request. Stantec maintains an existing business license with the City of Seal Beach. 2024-2025 License Number: 14207086 Expiration Date: June 30. 2025 Business Rate Type: PROFESSIONAL & SEMI-PROFESSIONAL BUSINESS LOCATION: 38 TECHNOLOGY DR STE 200 IRVINE, CA 92619.5310 S BUSINESS LICENSE TAX CERTIFICATE DOE! NOT PERMIT A BUSINESS THAT 18 OTHEI MnSE PROMINITE0. y, OPPP PN P,,"Mg tt" Same, m*Ad N& SuPh—P SuppoA ConW a (SM 269,mt POST Rr A CONSPICUOUS PLACE NOT TRANSFER LE OR ASVGM LE OFFICER'S CERTIFICATE of STANTEC CONSULTING SERVICES INC. A NEW YORK CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Stantec Consulting Services Inc., a New York corporation (the "Corporation"). 2. On April 1, 2024, the following resolution was adopted by the Corporation's Board of Directors: BE IT RESOLVED THAT: 1. the Corporation hereby adopts the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; 2. execution of any documents for and on behalf of the Corporation shall be governed by the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; and 3. the Secretary or any of the Corporate Counsels of the Corporation be authorized, empowered and directed from time to time as required to facilitate the execution of contracts or submission of proposals, to sign, and to seal with the Corporate Seal, Certificates of the foregoing action evidencing the authority delegated in the Signing Authority Policy, as amended from time to time, of Stantec Inc. Ed Othmer is a Vice President, Wet Weather Sector, of the Corporation, and in that capacity is duly authorized to sign proposals and enter into agreements for professional services in accordance with the Corporation's Signing Authority Policy in connection with the following project: San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501) City of Seal Beach IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation, this 28th day of October, 2024. SutTING 0 sF9 4 r G V )ra (7 Christopher eisler, JC�1 cn Secretary C7 OFFICER'S CERTIFICATE of STANTEC CONSULTING SERVICES INC. A NEW YORK CORPORATION I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of Stantec Consulting Services Inc., a New York corporation (the "Corporation"). 2. On April 1, 2024, the following resolution was adopted by the Corporation's Board of Directors: BE IT RESOLVED THAT: the Corporation hereby adopts the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; 2. execution of any documents for and on behalf of the Corporation shall be governed by the Signing Authority Policy, as modified or amended from time to time, of Stantec Inc.; and 3. the Secretary or any of the Corporate Counsels of the Corporation be authorized, empowered and directed from time to time as required to facilitate the execution of contracts or submission of proposals, to sign, and to seal with the Corporate Seal, Certificates of the foregoing action evidencing the authority delegated in the Signing Authority Policy, as amended from time to time, of Stantec Inc. Mohammad Heiat is a Principal, Transportation, of the Corporation, and in that capacity is duly authorized to sign proposals and enter into agreements for professional services in accordance with the Corporation's Signing Authority Policy in connection with the following project: San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501) City of Seal Beach IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation, this 28'" day of October, 2024. 4 uTINc W La crate m Christopher . Heisler, zs Seel 2 Secretary '�s o ® Stantec Stantec is a global leader in sustainable architecture, engineering, and environmental consulting. The diverse perspectives of our partners and interested parties drive us to think beyond what's previously been done on critical issues like climate change, digital transformation, and future -proofing our cities and infrastructure. We innovate at the intersection of community, creativity, and client relationships to advance communities everywhere, so that together we can redefine what's possible. EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. AC"J?i CERTIFICATE OF LIABILITY INSURANCE �...- 5/1/2025 7TE/(MMIDDIYYYY) 18/2024 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 Lockton Companies, LLC 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 ONTACT NAME: PHONE FAX ac No E-MAIL ADDRESS: Y kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Company of America 25674 EACH OCCURRENCE $ 2,000,000 INSURED STANTEC CONSULTING 1415077 SERVICES INC. INSURER B: Berkshire Hathaway Specialty Insurance Company 22276 INSURER C: 410 17TH STREET SUITE 1400 DENVER CO 80202-4427 INSURER D: INSURER E: PRODUCTS - COMP/OP AGG $ 2,000,000 $ INSURER F COVERAGES CERTIFICATE NUMBER: 21157512 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER LICY EFF MM /DDIIYYYYI POLICY EXP (MM/DD1YYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X CONTRACTUAL/CROSS Y Y 47 - GLA -307584-06 5/1/2024 5/1/2025 EACH OCCURRENCE $ 2,000,000 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 25,000 X XCU COVERED PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7XI jEC F7X LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY y y TC2J-CAP-8E086819-TIL-24 TJ -BAP - 8E086820 -TIL -24 5/1/2024 5/1/2024 5/1/2025 5/1/2025 Ea aacidentSINGLE LIMIT $ 1.000.000 BODILY INJURY (Per person) $ XXXXxxX BODILY INJURY (Per accident) $ J�XXXJfXX PROPERTY DAMAGE $ XXX3�XXX Per accident $ x=xXx B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y 47 - UMO-307585-06 5/1/2024 5/1/2025 EACH OCCURRENCE $ 5.000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ xxxxxXX A A A WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIMB R/PARLUDEDXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y UB - 31`635310-24-51-K(AOS) UB -3P533004 -24-51-R (MA, WI EXCEPT FOR OH ND WA WY) 5/1/2024 5/1/2024 5/1/2025 5/1/2025 OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1000 000 E . DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 184032444 - SAN GABRIEL RIVER TRASH MITIGATION FEASIBILITY STUDY (CIP SD2501). ***SEE ATTACHED*** rF:PTIFIrATF I-IC11 IIFR CANCELLATION See Attachments ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21157 512 51 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY SEAL BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 211 - 8TH STREET AUTHORIZED REPRESENTATN SEAL BEACH CA 90740 /f /J ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORn® CERTIFICATE OF LIABILITY INSURANCE 10/1/2025 DATE(MMIDD/YYYr) 11/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 NAME: CONTACT PHONE FAX IC No E A/C. E-MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ll OCCUR kcasu@lockton.com INSURERS AFFORDING COVERAGE NAIC III INSURER A: Berkshire Hathaway Specialty Insurance Company 22276 INSURED STANTEC CONSULTING 1414100 SERVICES INC. INSURER B : AIG Specialty Insurance Company 26883 INSURER C: INSURER D: 410 17TH STREET SUITE 1400 DENVER CO 80202-4427 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 21 157499 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICYD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ll OCCUR NOTAPPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE TO PREMISES aENTE occurrence $ xXXXxxx MED EXP (Any one person) $ xxxxxxx PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ xxxxxxx POLICY F1JECT 7 LOC PRODUCTS - COMP/OP AGG $ XXXXXXX $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea accident xxxxxxx BODILY INJURY (Per person) $ xxxxxxx ANY AUTO INED AOW UTOS ONLY SCHEDULED AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ xxXy�= PROPERTY DAMAGE $XXXXXXX Per accident $xxxxxxx UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx AGGREGATE $ xxxxxxx EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ xxxxxxx WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N NOT APPLICABLE PER H - STATUTE OR E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT 1 $ XXXXXXX If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liab N N 47-EPP-308810-06 10/1/2024 10/1/2025 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2023 10/1/2025 $3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be aQached M more space is required) RE: 184032444 - SAN GABRIEL RIVER TRASH MITIGATION FEASIBILITY STUDY (CIP SD2501). rPPTIFICATF Hr11 n;=p CANCFI IATION ACORD 25 (2016/03) @ 1988L2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21157 49 499 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY SEAL BEACH 211 - 8TH STREET SEAL BEACH CA 90740 AUTHORIZED REPRESENTATN . r Al ACORD 25 (2016/03) @ 1988L2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only if more space is required) CITY, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS, AND THOSE CITY AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AND UMBRELLA/EXCESS LIABILITY, THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY, EXCESS/UMBRELLA LIABILITY, AND WORKERS COMPENSATION/EMPLOYER'S LIABILITY, WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. SEPARATION OF INSUREDS CLAUSE APPLIES TO GENERAL AND AUTO LIABILITY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CORD 25 (2016/03) Certificate Holder ID: 21157512 Attachment Code: D522032 Certificate ID: 21 157512 POLICY NUMBER: 47 - GLO-307584-06 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations ALL LOCATIONS COVERED UNDER THIS POLICY, FOR ANY SUCH PERSON OR ORGANIZATION BUT ONLY TO LIABILITIES ARISING OUT OF OUR NAMED INSURED'S HE EXTENT REQUIRED BY A WRITTEN CONTRACT ACTIVITIES ONLY. EXECUTED PRIOR TO THE "OCCURRENCE" FOR OFFENSE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code: D522032 Certificate ID: 21157512 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 PAGE 2 of 2 Attachment Code: D522054 Certificate ID: 21157512 POLICY NUMBER: 47 - GLO-307584-06 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY LOCATION OR PROJECT WHERE YOU ARE ANY SUCH PERSON OR ORGANIZATION REQUIRED TO PROVIDE ADDITIONAL INSURED BUT ONLY TO THE EXTENT REQUIRED BY STATUS IN A WRITTEN CONTRACT OR WRITTEN A WRITTEN CONTRACT EXECUTED AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW PRIOR TO THE "OCCURRENCE" FOR OFFENSE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to required by a contract or will pay on behalf of the amount of insurance: the additional insured is agreement, the most we additional insured is the 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM Attachment Code: D522092 Certificate ID: 21157512 ENDORSEMENT This endorsement, effective 12:01 AM: 5/1/2024 Forms a part of Policy No.: 47 - GLO-307584-06 Issued to: SEE ATTACHED CERTIFICATE By: Berkshire Hathaway Insurance Company PRIMARY NONCONTRIBUTORY - OTHER INSURANCE PROVISsION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY POLICY FOLLOW FORM EXCESS LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY The following Condition is added to the policy: Primary Noncontributory — Other Insurance The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that: (a) The additional insured is a named insured under such other insurance; and (a) Prior to an "occurrence" you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured. All other terms and conditions of this policy remain unchanged. Page 11 CLP -UN -065-10/2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ULIC;Y #: I G2J-GAP-8EU8b819- I IL -24, f J-BAP-8EU8b82U Attachment Code: D522094 Certificate ID: 21157512 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1 The following is added to Paragraph A. 1.c., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Attachment Code: D522055 Certificate ID: 21157512 BERKSHIRE HATHAWAY SPECIALTY INSURANCE ENDORSEMENT This endorsement, effective 12:01 AM: 5/1/2024 Forms a part of Policy No.: 47 - GLO-307584-06 Issued to: SEE ATTACHED CERTIFICATE By: Berkshire Hathaway Specialty Insurance Company WAIVER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY SCHEDULE Name Of Person Or Organization: Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the "occurrence" or "offense". The following Condition is added to the policy: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written and executed contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above. All other terms and conditions of this policy remain unchanged. Page 1 1 CL -UN -045-10/2016 Attachment Code: D522017 Certificate ID: 21157512 POLICY NUMBER: TC23-CAP-8E086819-TIL-24; TJ - BAP - COMMERCIAL AUTO 8E086820 -TIL -24; [ICAUPOL31] THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Attachment Code: D524752 Certificate ID: 21 157512 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) POLICY NUMBER: UB - 3P635310-24-51-K(AOS); UB -3P533004 -24-51-R (MA, WI) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER Attachment Code: D522252 Certificate ID: 21157512 Notification to Others of Cancellation Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem. 47 - GLO-307584-06 5/1/2024 5/1/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: Those persons and organizations as stated in a certificate of 30 Insurance, on file with the insurer, as of the date of Cancellation. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D522107 Certificate ID: 21 157512 POLICY NUMBER: TC2J-CAP-8E086819-TIL-24, TJ - BAP - 8EO86820-TIL-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal) PERSON OR ORGANIZATION: Number of Days Notice: 30 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. IL T4 00 05 19 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Attachment Code: D522110 Certificate ID: 21 157512 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 (00) POLICY NUMBER: UB - 3P635310-24-51-K(AOS); UB -3P533004 -24-51-R (MA, WI) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS: Notice of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, delivery or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: Name: Any person or organization with whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You see to it that we receive a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. Address: The address for that person or organization included in such written request from you to us. Number of Days Notice: 30 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.