Agenda packet — Seal Beach City Council, January 24, 2022 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, January 24, 2022 ~ 7:00 PM

ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA

TELECONFERENCE

JOE KALMICK
MAYOR
First District

MIKE VARIPAPA

MAYOR PRO TEM
Third District

THOMAS MOORE

COUNCIL MEMBER
Second District

SCHELLY SUSTARSIC

COUNCIL MEMBER
Fourth District

SANDRA MASSA-LAVITT

COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law.

Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY

COUNCIL MEETING
Pursuant to Government Code section 54953(e), a proclaimed state of emergency and recommended State and County measures to promote social distancing remain in effect.

Due to the continuing need for social distancing and guidance regarding public gatherings during the COVID-19 public health emergency, all participation in the abovereferenced Meeting will be by teleconference for the Members of the City Council, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees.

PUBLIC COMMENT: Members of the public may submit comments on any item on this City Council meeting agenda via email to the City Clerk at [email protected] or via the comment icon through the online portal at
https://www.sealbeachca.gov/Government/Agendas-Notices-MeetingVideos/CouncilCommission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.

Those members of the public wishing to call in for comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link:
https://us02web.zoom.us/j/84778336771. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the City Council. The ability to comment will be disabled when your allotted time has expired.

THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO THE CITY COUNCIL’S

DETERMINATION THAT REMOTE MEETINGS ARE STILL WARRANTED, AS REQUIRED BY GOVERNMENT CODE SECTION 54953(e).

CALL TO ORDER

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• Update on Redistricting

PUBLIC COMMUNICATIONS
At this time members of the public may address the Council regarding the items on this City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law.

Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at [email protected] or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-NoticesMeeting-Videos/Council-Commission-Meetings before 5:30 pm on January 24, 2022.

Comments provided via email by 5:30 pm will be distributed to the City Council and posted on the City website for review by the public. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting. Any documents for review should be sent to the City Clerk prior to the meeting for distribution.

Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking the following
link: https://us02web.zoom.us/j/84778336771. You may also call in by dialing 1-669-900-9128##. Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak. Once in the meeting, you will be added to the Waiting Room until the Public Comment period begins. At that time, you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5) minutes to address the Council. The ability to comment will be disabled when your allotted time has expired.

Supplemental Questions from Council Member Sustarsic
Emailed Comments from Hector Huffington
CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

A. Approval of the January 10, 2022 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022.

B. Demands on City Treasury (Fiscal Year 2022) – January 24, 2022 - Ratification.

C. Monthly Investment Report – December 31, 2021 - Receive and file.

D. Second Reading and Adoption of Ordinance 1692 - That the City Council adopt Ordinance 1692 titled "An Ordinance of the City of Seal Beach Adding Chapter

6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code and Making a Determination of Exemption Under CEQA.” E. Professional Services Agreement with Michael Baker International, Inc. - That the City Council adopt Resolution 7243: 1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc., for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301.

F. Authorizing an Application for the Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project - That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project.

G. Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., Inc., for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 - That the City Council adopt Resolution 7245: 1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and,

2. Approving and awarding a public works agreement to Crosstown Electrical and Data, Inc. in the amount of $250,646, including the Total Base Bid of $212,296 and the Additive Bid Items No. A1 and A2, and rejecting all other bids; and, 3.

Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not-to-exceed amount of $35,000.

H. Authorizing the 2021 Pavement Management Relief Funding Program Project List - That the City Council adopt Resolution 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.

I. Approving and Authorizing a Professional Services Agreement with Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7247: 1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-to-exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and, 2.

Authorizing and directing the City Manager to execute the Agreement; and, 3.

Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

J. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. - That the City Council adopt Resolution 7248: 1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2.

K. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Area Security Initiative (UASI) - The proposed City Council action will adopt Resolution 7249 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council to Monday, February 14, 2022 at 5:30 p.m. to meet in closed session, if deemed necessary.

1 Gloria Harper
From: Schelly Sustarsic
Sent: Monday, January 24, 2022 10:03 AM
To: Jill Ingram
Cc: Tim Kelsey; Gloria Harper
Subject: I wish to pull Item I from tonight's Consent Calendar Jill,
I am planning to pull Item I tonight: the PSA for the Tennis Center Improvement Project. I wanted to ask about a couple of concerns that I had.

As you know, one of my constituents, Hector Huffington, has previously asked about sharing concerns and questions that he had with the planning process. I had done as you suggested, supplied him with link to the Power Point and its conceptual plans. He followed up recently to ask if I had received answers to his concerns. Because of this, I let him know on Saturday evening that this item was on the agenda of tonight’s meeting in case he would like to comment or ask questions – or have me ask a question. Yesterday, I received six different emails from him (I was reading my packet and not aware of all of them coming in). I see that this morning he has organized all this material into a list and has copied Gloria. I agree with Hector that this is not the place for all these questions. However, as I told you earlier, I would like to have some way that the members/players can be made aware of what is being planned and allow them to give input – before the plans are finalized. This may not be in the form of a meeting with the architects, but possible city staff (I realize that COVID even makes this difficult). Or possibly some kind of survey – although I would prefer something more open-ended than just answering questions. Or could there be a direct email to “Ask a Recreation question” or “Learn about/ comment on the upcoming Tennis Center Improvement Project.” Thank you.

Schelly
1 Gloria Harper
From: Hector Huffman <[email protected]>
Sent: Monday, January 24, 2022 8:35 AM
To: Schelly Sustarsic
Cc: Gloria Harper
Subject: Re: Seal Beach Tennis Center Vote for remodeling please.

Sorry the P&L would be informative.

Hector Huffington
On Jan 24, 2022, at 7:11 AM, Hector Huffman <[email protected]> wrote:

Hi Schelly,
Not sure if this is the right meeting for these questions.

My name is Hector Huffington and have been active/member at the tennis club for nearly 18 years. The club design focus should be to improve member experience in order to retain the members. Let’s make our club a destination! Let’s take into consideration the stakeholders input.
1) The stand alone building should be the pro shop/snack shop and pro offices and equipment storage. The building was avaiabe for use and rent and was never used. “Build it and they will come” approach for that building is not the best approach. 2) In the club house there should only be a simple reception desk with check in technology. 3) where are refreshments and ice going to be located where members will have access? Laundry Machines? 4) I spoke to multiple tennis members and tennis pros and they said no one every consulted with them on ideas. Can we schedule a panel discussion.
5). Is there a media center and place to post computer for tournament and daily check in. 6). The locker room area can maybe be a community outdoor exercise area. 7) Maybe just open great space with an entrance to welcome CPE neighbors. Can be a key coded for admittance. 8) The storage space on the club house level is prime Real estate and should be used as a weight room to improve location and utilization.
9) Can there be a liquor license to compete with other clubs? Can this be designed into the club. 10) Lot’s of windows and open doors, will there be a media area to watch sports, etc. 2 11) Pickle ball is a loud sport tennis. Pickle ball fencing should be lowered to promote visibility and fan support. 12) I would like to see more of a “GREEN” approach in the design. Where is there water access for the members/visitors? 13) Please budget new furniture to fit with the remodel. A designer should be hired. 14). Are there more bids coming in for the retrofit?
15) Be REALLY careful on the LED lights. They are some made for tennis and spreading out the light. Others that are spot lights and bad for sport lighting.

The design should be functional and take into consideration the “living and comfort” of the club. I believe the goal is to get the people who visit want to stay and lounge. Right not it is a club of play your sport and leave. It should be a place to invite a friend and lounge. Once they stay how do we keep people entertained? Food and media? Reach out if you have any questions.

Good Luck,
Hector Huffington
Belay Insurance Services
PS Can I see the operating expense of the club so I can see how revenue is generated and then we can look at what is the primary focus should be.

On Jan 13, 2022, at 8:34 AM, Schelly Sustarsic <[email protected]> wrote:

Hector,

I did email the City Manager and City Engineer working on the SBTPC project, asking for more information. I received an email from the City Manager last night asking for patience as City Hall has been closed again due to a COVID outbreak. We have multiple staff out and most others working remotely. I will get more information as staff returns.

Did you view the Power Point in the Agenda Packet for the December 13th meeting? Packet_20211220211321711.pdf
3 It does have a diagram of the clubhouse remodel (the Power Point begins on page 717 of the packet). Also, the diagram of the courts, which you must have seen.

Additionally, you can watch the meeting replay on video – it is the next to the last item in the meeting: City Council Meeting - December 13, 2021 - YouTube

Best regards,
Schelly

From: Hector Huffman <[email protected]>
Sent: Wednesday, January 12, 2022 12:27 PM
To: Schelly Sustarsic <[email protected]>
Subject: Re: Seal Beach Tennis Center Vote for remodeling please.

Hello Shelly hope all is well.

Pretty exciting stuff happening at the club.

The layout is really strange. Pickle ball courts should stay next to Pickleball courts because they are loud. To put lights by the condos might be an issue for those residence. Lights should stay by the Parkside.

It looks like they didn’t consult with anybody who plays sports or understands facility layouts.

I also think they’re not gonna have a weight gym? Not having a gym is shortsighted. Right now the design is for people age 60 and over who will not use a gym? If younger people which is the goal start attending the club they will want a gym.

Give me a call if you have any questions. 562-370-4235.

Hector Huffington
On Dec 13, 2021, at 10:58 AM, Hector Huffman <[email protected]> wrote:

Hi Schelly, hope all is well.

4 Hi I think you have a big voting night tonight.

I think updating the club will be a positive vote for our neighborhood. The changes will definitely generate more revenue here at the club. Eventually more revenue for our parks!

Plus if we don’t use those funds somebody else will.

Good Luck tonight I hope you vote for the tennis center plan. Looks like your vote will be a deciding factor.

Call me if you have any questions.

Hector Huffington
562-370-4245

On Sep 13, 2021, at 11:42 AM, Schelly Sustarsic <[email protected]> wrote:

Okay.

See you then.

Schelly

From: Hector Huffman <[email protected]>
Sent: Monday, September 13, 2021 11:37 AM
To: Schelly Sustarsic <[email protected]>
Subject: Re: Seal Beach Tennis Center Saul Martinez Tennis Center Manager

Great. See you this Wednesday at 5 o’clock at Heather Park. I’ll be at the benches next to the tennis courts.

Take care,
5 Hector Huffington
On Sep 13, 2021, at 8:06 AM, Schelly Sustarsic
<[email protected]> wrote:

Hector,

Thanks! And thank you for the email. I hope that you too are well.

Yes, I would be interested in hearing your insights and concerns about the SBTC. I am available this Wednesday at 5pm, if that works for you. I have 2 afternoon meetings next Wednesday (Sept. 22nd) but I am available on September 29th as well, if that would be better for you.

Best regards,
Schelly

From: Hector Huffman <[email protected]>
Sent: Saturday, September 11, 2021 7:32 PM
To: Schelly Sustarsic <[email protected]>
Subject: Re: Seal Beach Tennis Center Saul Martinez Tennis Center Manager

Hello Schelly, hope all is well. Great news about Saul and his promotion! Great move by the city to extend him full employment.

Seal Beach tennis center is CPE. I have been a resident going on 20 years now and have been a part of the club for 19 years. I have just about seen it all there. Sadly, the club culture is still that same as it was 20 years ago. The club is living for the moment and not looking at the future. No community outreach or interaction. There are probably more people that play there that live 20 minutes out of Seal Beach in my opinion than locals. Why? It should be 50/50 to sustain membership? We are the most expensive club with no real value. We have the cheapest walk in fee for pickle pall (it should be 6 at least $5.00). Employee turnover is insane. I been to other clubs where they pay people less, terrible working conditions, etc. and they are still there. What is happening?
My concern right now there is a little momentum (that can be misinterpreted as success) at the club and CPE should capitalize on this momentum. One simple step towards progress, is if our club became little more "green" by adding a water fountain accessible by patrons. Do you know there is still plastic cups handed out with water pitchers? Easy fix.

Maybe adding solar panels since the roof is new now. I think a local Boy/Girl scout troop could help make the place green.

If you every have about an 45 minutes maybe we can meet and have a casual conversation at Heather Park on a given Wednesday about 5 pm. I think the more you know the better it would be on how the city spends CPE money at Tennis center.

Take care and keep up the great work!
Sincerely,
Hector
On Saturday, March 20, 2021, 01:39:58 PM PDT, Schelly Sustarsic <[email protected]> wrote:

Hector,
Thank you for the email. I too value Saul.

May I pass your email on to the City Manager?
Best regards,
Schelly
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: Hector Huffman <[email protected]>
Date: 3/20/21 7:30 AM (GMT-08:00)
7 To: Schelly Sustarsic <[email protected]>
Subject: Seal Beach Tennis Center Saul Martinez Tennis Center Manager
Hello Shelly,
Saul Martinez should really be running SBTC.

The tennis center has become a mecca for pickle ball and it is in our neighborhood and belongs to CPE. People come from all over California to play and enjoy our great corner of the city. Pretty amazing and something to be a part of. My family and I have been playing tennis at the center for over 20 years and have seen the ups and down of the club. Unfortunately, more downs because of the last 4 (including Chuck Kingman) coordinators loose interest and get comfortable with easy paychecks, etc. The club is stagnant with no new activities (maybe 1 or 2) or events in the last 5 years. The only consistent face that holds the tennis center together is Saul Martinez. If you need anything about the club you reach out to Saul. If the lights go out at Heather Park you reach out to Saul. If you want to see a friendly face go play some tennis and Saul greats you with kindness. He is well known in the Seal beach and Long Beach tennis/pickle ball community.

Today, he is still the one person at SBTC showing exceptional leadership and kindness to my family and visitors. He represents our community and makes everyone feel welcomed and handles the day to the pro shop and tennis events. In reality, he is running the place today and has been for the last 15 years in my opinion. He knows every corner of that club and truly cares about the place. He is there for our city, guest, members and friends. Saul personifies the club and he should be "given the keys" to run the place. It would save the city a substantial amount of money by not paying two people to run the club, resources and headache of constant change. The more people involved the more challenges. Saul, has great ideas based on experience so it should be kept simple by having him run the pro shop and the club. It would give us a person who prioritizes guest experience off and on the court.

With all the challenges Saul has been the common thread of sanity that has held the club together all these years. We love our city because people like Saul who make an impact in how we play and live in Seal Beach and should be acknowledged.
8 Be safe and thank you for your time and all you do.

Sincerely,
Hector Huffington
Agenda Item A

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the January 10, 2022 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

Page 2 ends

RECOMMENDATION:

That the City Council approve the minutes of the Regular City Council meeting held on January 10, 2022.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Regular Session
Seal Beach, California
January 10, 2022
The City Council met in Regular Session at 7:00 p.m. via teleconference.

ROLL CALL

Present: Mayor Kalmick
Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Philip Gonshak, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Sherry Johnson, Interim Director of Finance/City Treasurer Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Elizabeth Camarena, Executive Assistant
Ron Roberts, Orange County Fire Authority

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
City Clerk Harper announced that two (2) supplemental communications were received after posting of the agenda.

Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to approve the agenda.

City Clerk Harper took a roll call vote to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
 Orange County Sanitation District Construction Update

ORAL COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no emailed comments were received. Stephanie Wade spoke on behalf of Supervisor Foley’s Office and thanked the City of Seal Beach for the coat donations for children in need. Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele had no items to report and wished everyone a Happy New Year.

CITY MANAGER REPORT
City Manager Ingram introduced Interim Finance Director Sherry Johnson and provided a summary of her experience. Interim Finance Director Sherry Johnson provided brief comments.

COUNCIL COMMENTS
Council Member Moore had no items to report.

Council Member Sustarsic had no items to report.

Mayor Pro Tem Varipapa had no items to report.

Council Member Massa-Lavitt thanked the Orange County Sanitation District for tonight’s presentation. She indicated that there hasn’t been a lot of mosquito activity and noted that there was nothing else to report.

Mayor Kalmick indicated that he attended Supervisor Foley’s monthly Mayor’s meeting and the Orange County Mayor’s meeting. Additionally, he announced that the memorial for former Mayor Victor Grgas will be held on Saturday, January 15th at noon at Eisenhower Park.

COUNCIL ITEMS
City Council Appointment to the Planning Commission - District Two - It is the request of Council Member Moore, that the City Council appoint Dominic Massetti to the Planning Commission, as a representative for District Two.

City Clerk Harper provided a comprehensive background on the staff report.

Council Member Moore thanked all the applicants for applying.

Council Member Moore moved, second by Council Member Massa-Lavitt, to appoint Dominic Massetti to the Planning Commission, as a representative for District Two.

City Clerk Harper took a roll call vote to approve Item A.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CONSENT CALENDAR
Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar.

B. Approval of the December 13, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on December 13, 2021.

C. Demands on City Treasury (Fiscal Year 2022) – January 10, 2022 - Receive and file.

D. Monthly Investment Report – November 30, 2021 - Ratification.

E. Review and Determine that the City Council will Continue to Conduct Public Meetings by Teleconference Pursuant to Government Code Section 54953(e) - The City Manager and City Attorney recommend that the City Council determine that the City Council will continue to conduct public meetings by teleconference pursuant to Government Code Section 54953(e), because in-person meetings would present imminent risks to the health and safety of attendees, and continue to review this matter periodically.

F. 2022 Calendar of Meeting Dates - That the City Council receive and file the 2022 calendar of meeting dates, which include the cancellation of the first meeting in July (11th) and the second meetings in August (22nd), November (28th), and December (26th).

G. 2022 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7234 confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2022 and direct the City Clerk to revise and post on the website the 2022 Fair Political Practices Commission (FPPC) Form 806.

H. Notice of Completion for City Yard Roofing Project, CIP BG2106 - That the City Council adopt Resolution 7235: 1. Accepting the City Yard Roofing Project, CIP BG2106, by Garland/DBS, Inc. in the amount of $177,644; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

I. Rejecting All Bids for the 6th Street Alley Improvement Project, CIP SS1902 - That the City Council adopt Resolution 7236 rejecting all bids received for the 6th Street Alley Improvement Project, CIP SS1902, and directing the Director of Public Works to readvertise the Project for bids.

J. Appointment of Sherry Johnson as Interim Director of Finance/City Treasurer - That the City Council adopt Resolution 7237 approving the appointment of Sherry Johnson as Interim Director of Finance/City Treasurer.

K. SB 90/State Mandated Cost Reimbursement Claim Preparation Services by Nichols Consulting Agreement for Fiscal Years 2021 – 2024 - That the City Council adopt Resolution 7238 authorizing the City of Seal Beach to enter into a revised professional services agreement with Nichols Consulting, and authorizing the City Manager to execute on behalf of the City all contracts and proposals, including any necessary extensions or amendments thereof.

L. Acceptance of 2021-2024 Department of Justice: California Healthcare, Research and Prevention Tobacco Tax Act of 2016 - That the City Council adopt Resolution 7239:

1. Approving an agreement between the City of Seal Beach and the State of California Department of Justice to provide grant funding for Seal Beach Police Department education and enforcement activities; and, 2. Authorizing the Chief of Police to execute on behalf of the City of Seal Beach all contracts and proposals including any extensions or amendments thereof and any subsequent contract with the State in relation thereto; and, 3. Approving Budget Amendment (BA) 22-07-01 for $56,546.

M. Authorizing an Application for the Department of Water Resources Urban and Multibenefit Drought Relief Grant Program for the Beverly Manor Booster Station Rehabilitation Project and Lampson Well Treatment System - That the City Council:

1. Adopt Resolution 7240 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Beverly Manor Booster Station Rehabilitation Project; and, 2. Adopt Resolution 7241 authorizing the City Manager to submit a Department of Water Resources Urban and Multibenefit Drought Relief Grant Program application for the Lampson Well Treatment System.

N. 2021 Seal Beach City Jail HCA Annual Health Evaluation - That the City Council receive and file the 2021 Seal Beach City Jail HCA Annual Health Evaluation conducted by the Orange County Health Care Agency staff for Seal Beach City Jail on December 14, 2021.

O. Establishing Hourly Wages for Part-time, Seasonal, and Temporary Employees - That the City Council adopt Resolution 7242, establishing hourly wages for part-time, seasonal, and temporary employees to remain compliant with the State of California’s Minimum wage order effective on January 1, 2022.

City Clerk Harper took a roll call vote to approve the consent calendar items.

AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
There were no new business items.

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 7:40 p.m., to Monday, January 24, 2022, at 5:30 p.m. to meet in Closed Session if deemed necessary. ______________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ______________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1692
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1692 titled "An Ordinance of the City of Seal Beach Adding Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code and Making a Determination of Exemption Under CEQA.”
BACKGROUND AND ANALYSIS:

At its meeting on December 13, 2021, the City Council approved the introduction of Ordinance 1692 of the City of Seal Beach to add Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to Title 6 of the Seal Beach Municipal Code and make a determination of exception under CEQA. This item is to approve the second reading of and adopt Ordinance 1692 in compliance with State law requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no impact on the General Fund related to the consideration and adoption of Ordinance 1692. However, as an unfunded mandate, SB 1383 may have a financial impact on the City. The full financial impact of compliance with SB 1383

Page 2 ends

will be addressed in future items that will be brought to the Council for consideration.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Ordinance 1692
-1-
2591624
ORDINANCE 1692

AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER

6.25 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO
TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
SECTION 1. FINDINGS.

A. The City of Seal Beach, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

B. Assembly Bill (“AB”) 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery (“CalRecycle”)), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

C. AB 341 of 2011 places requirements on businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program.

D. AB 1826 of 2014 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi-family property owners.

E. AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code.
-2-
2591624
F. Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets.

G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.

H. This Ordinance implements the requirements of the SB 1383 Regulations.

THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ORDAINS AS FOLLOWS:

SECTION 2. AMENDMENT.

Title 6 (Franchises) of the Seal Beach Municipal Code is hereby amended to add Chapter 6.25 (Mandatory Organic Waste Disposal Reduction) to read as follows:
“Chapter 6.25 – Mandatory Organic Waste Disposal Reduction Section 6.25.005 Definitions.

For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in 14 CCR Section 18982 shall control for the purposes of this Chapter. Additionally, for the purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials.

Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
-3-
2591624
“CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others).
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR).
“City” means the City of Seal Beach.
“City Manager” means the City Manager of the City or his/her designee. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this Chapter. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Compliance Review” means a review of records by the City to determine compliance with this Chapter.
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4). “Compostable Plastic(s)” means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55).
“County” means the County of Orange.
“C&D” means construction and demolition debris removed from a premise during the construction or demolition of a structure.
-4-
2591624
“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2; or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Edible Food” means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code. “Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). “Enforcement Official” means the City Manager or the City’s authorized Designee(s) who is/are partially or wholly responsible for enforcing this Chapter. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’s or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the State Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). -5-
2591624
“Food Recovery Organization,” unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the State Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means Food Scraps. Food-Soiled Paper and Composable Plastics are excluded, as Republic Services is currently unable to collect these products. “Generator” means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48). “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Gray Container Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage -6-
2591624
and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of the City’s three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5). Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles.
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30). “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area; or, as otherwise defined in 14 CCR Section 18982(a)(31.5). “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Inspection” means a site visit where the City or its Designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35).
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or -7-
2591624
other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).
“Large Venue,” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of the City’s regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).
“Multi-Family Residential Dwelling(s)” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter

2.7. “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority; or, as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the jurisdictional boundaries of the City; (2) Federal facilities, including military installations, located within the jurisdictional boundaries of the City;
(3) Prison(s) located within the jurisdictional boundaries of the City; (4) Facilities operated by the State park system located within the jurisdictional boundaries of the City;
(5) Public universities (including community colleges) located within the jurisdictional boundaries of the City;
-8-
2591624
(6) County fairgrounds located within the jurisdictional boundaries of the City; and (7) State agencies located within the jurisdictional boundaries of the City. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43).
“Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited Container Contaminants,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
(1) discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; (2) discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non-Compostable Paper; (3) discarded materials placed in the Gray Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City’s Green Container; and,
(4) Excluded Waste placed in any container.
-9-
2591624
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
“Remote Monitoring” means the use, at the discretion of the City, of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64). “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras; or, as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants. “SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.
“Self-Hauler” means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a person or entity who Back-Hauls waste. Back-Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid -10-
2591624
and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141; (2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials. “Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and NonOrganic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products, Printing and Writing Papers, wood and dry lumber and textiles unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
“State” means the State of California.
-11-
2591624
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
(1) Supermarket;
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet;
(3) Food Service Provider;
(4) Food Distributor; or,
(5) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
(2) Hotel with an on-site Food Facility and 200 or more rooms; (3) Health facility with an on-site Food Facility and 100 or more beds; (4) Large Venue;
(5) Large Event;
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or
(7) A Local Education Agency facility with an on-site Food Facility. “Uncontainerized Green Waste and Yard Waste Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a Generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste; or, as otherwise defined in 14 CCR Section 189852(a)(75). “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76).
-12-
2591624
Section 6.25.010 SB 1383 Regulatory Requirements.

Organic Waste Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City’s authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this Chapter, and the provisions of any collection agreement between the City and a franchised/licensed/sanctioned hauler in effect. In the event of a conflict between the provisions of this Chapter and other provisions of this Code, the provisions of this Chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this Chapter, the SB 1383 Regulations shall control.

Section 6.25.015 Requirements for Single-Family Organic Waste Generators.

Single-Family Organic Waste Generators shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements of this Code:
(a) Subscribe to the City’s three-container Organic Waste collection service(s) for all Organic Waste generated as described in paragraph (b) of this section. The City shall have the right to review the number and size of a Generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in this paragraph, and shall not place Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated NonOrganic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

Section 6.25.020 Requirements for Commercial Organic Waste Generators and Commercial Businesses.

Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements, except Commercial Businesses that meet the Self-Hauler requirements of this Code:
(a) Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements of this Code, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall subscribe to the City’s three-container Organic Waste collection service(s) and comply with requirements of those service(s) as described below in paragraph (b) of -13-
2591624
this section. The City shall have the right to review the number and size of a Generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Except for Commercial Organic Waste Generators that meet the Self-Hauler requirements of this Code, Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in containers. Generators shall place Source Separated Green Container Organic Waste in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(c) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8.
(d) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection -14-
2591624
containers with sufficient labels or colors (conforming to paragraphs (c)(1) and (c)(2) above) for employees, contractors, tenants, and customers, consistent with the City’s collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR. (e) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service pursuant to 14 CCR Section 18984.1(a)(5).
(f) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(g) Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (h) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in (g) in this Section before or within fourteen (14) days of occupation of the premises to new tenants.
(i) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 5361 to confirm compliance with the requirements of this Section.
(j) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of this Code.
(k) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code. (l) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to this Chapter. (m) Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a collection agreement between the City and a franchised hauler. -15-
2591624
Section 6.25.025 Waivers for Generators.

The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
(a) De Minimis Waivers. The City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph (a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the City if circumstances change such that the Commercial Business’ Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection (a)(2) above, the City shall rescind the waiver. (4) Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of this Chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter.
-16-
2591624
Commercial Businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a Commercial Business that has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter, the City shall rescind the waiver.
(4) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
(c) Collection Frequency Waivers. The City may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three- container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. (d) The Enforcement Official will be responsible for review and approval of waivers.

Section 6.25.030 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
-17-
2591624
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(A) the collection of Edible Food for Food Recovery; or, (B) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information:
-18-
2591624
(A) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(B) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(C) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(D) Any additional information required by the City or the City’s Designee. (e) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)
Section 6.25.035 Requirements for Food Recovery Organizations and Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
-19-
2591624
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). (d) Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(e) Food Recovery Capacity Planning --Food Recovery Services and Food Recovery Organizations.

In order to support the City’s cooperation with the County of Orange in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

Section 6.25.040 Requirements for Haulers, Facility Operators and Community Composting Operations.
(a) Requirements for Haulers. Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
-20-
2591624
(1) Through written notice to the City on an annual basis, identify the facilities to which they will transport Organic Waste.
(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article

3. (3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (b) Paragraph (a) of this section is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code. (c) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
(2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.

Section 6.25.045 Self-Hauler Requirements.

In addition to any other requirements for Self-Haulers as contained in this Code:
(a) Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3.
(b) Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in -21-
2591624
the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(e) A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in paragraph (d) of this section. (f) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in paragraph (d) of this section to the City every thirty days.

Section 6.25.050 Compliance with CALGreen Recycling Requirements. (a) In addition to any other requirements of this Code, the following requirements also apply:
(1) For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the City’s permit approval, comply with the following:
(A) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the -22-
2591624
collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(B) Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
(b) For Organic Waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.

Section 6.25.055 Model Water Efficient Landscaping Ordinance Requirements.

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015.

Section 6.25.060 Procurement Requirements for Direct Service Providers and Vendors.

Direct service providers to the City and all vendors providing Paper Products and Printing and Writing Papers to the City shall comply with the City’s policy regarding recovered Organic Waste product procurement, including Recycled-Content Paper procurement.

Section 6.25.065 Inspections and Investigations by the City. (a) City representatives and/or its designated entity, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to -23-
2591624
applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections, including using Remote Monitoring, for Prohibited Container Contaminants.
(b) A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City representative and/or its designated entity, including Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for:
(1) access to an entity’s premises;
(2) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein. (c) Any records obtained by the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code Section 6250 et seq. (d) The City’s representatives, its Designees and agents are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3.

Section 6.25.070 Enforcement.
(a) Violation of any provision of this Chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine.

The City’s procedures on imposition of administrative fines set forth in Chapter 1.15 (Enforcement) of Title 1 (General Provisions) of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State -24-
2591624
courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

The provisions of subsection (a) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or the City’s Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and contamination processing fees.
(b) Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official. (c) Penalty Amounts for Types of Violations
For the purposes of this Chapter, the penalty levels for violations of the provisions of this Chapter are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 per violation. (2) For a second violation, the amount of the base penalty shall be $100 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.
(d) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.”
SECTION 3. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment. -25-
2591624
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after its passage.

SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance or a summary as required by law.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Seal Beach this 24th day of January, 2021.

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
_________________________
Joe Kalmick, Mayor
ATTEST:
____________________________
Gloria Harper, City Clerk

APPROVED AS TO FORM
____________________________
Craig Steele, City Attorney
-26-
2591624
STATE OF CALIFORNIA}
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced for first reading at a regular meeting held on December 13, 2021 and was passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2021 and do hereby further certify that Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836.
_______________________
Gloria D. Harper, City Clerk
Agenda Item E
Description Account Revised/Adopted
Budget Proposed Budget Budget (diff)Amendment
General Plan - Building 103-300-0231-51301 $ - $ 74,880 $ 74,880

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Professional Services Agreement with Michael Baker International, Inc.
___________________________________________________________ _____ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7243:

1. Approving a Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc. for the Update and Preparation of Safety and Environmental Justice General Plan Elements; and,

2. Authorizing and directing the City Manager to execute the Agreement.

3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301.

BACKGROUND AND ANALYSIS:

A city’s General Plan sets the foundation upon which all land use decisions, and many related policies, are based. The Seal Beach General Plan currently includes a total of eight elements, covering specific aspects of land use and planning. The eight Elements are Land Use, Circulation, Conservation and Open Space, Safety, Housing, Noise, Cultural Resources, and Growth Management.

As the City Council is aware, the Housing Element is currently in an update process, which occurs every 8 years. Pursuant to state law, the Housing Element Update triggers other changes to the General Plan, specifically, the City must update its Safety Element, and create an Environmental Justice Element.

Though the Safety Element Update is a part of the General Plan and therefore typically falls under Community Development for care and maintenance, participation from the Police Department and the Orange County Fire Authority, as well as other stakeholders will be critical to crafting a document that upholds all best practices while being tailored for the community. Fortunately, the City’s Local Hazard Mitigation Plan (LHMP) is up to date, and the Safety Element Update will be able to leverage the information available in that document (specifically, the Threat and Vulnerability Assessment found in LHMP Chapter 4).

The Environmental Justice Element will be a new Element for the City of Seal Beach. Environmental Justice Elements are now required by State law when two or more General Plan Elements are revised; thus, the Housing Element Update and Safety Element Update have triggered the requirement for an Environmental Justice Element. The statutory purpose of this Element under Government Code Section 65302(h) is to identify objectives and policies that reduce health risks in disadvantaged communities, including reduction of pollution exposure, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity. Creation of this Element will be more nuanced, as there are several definitions of disadvantaged communities, though the one applicable in this case is related to median incomes. Both Leisure World and the Naval Weapons Station qualify on a census tract level as disadvantaged. While less is known about the Naval Weapons Station population by City staff, Leisure World incomes are often fixed, and below area median levels. In a retirement community, this is not unexpected; and while income does not necessarily reflect the overall financial stability of a household, these tracts nevertheless meet a definition for disadvantaged communities.

The attached proposal for consultant services from Michael Baker International, Inc. outlines the scope of work for this project. Community outreach will play an important component of the process, including development of an advisory committee. As with any Element, there is technical data to be compiled, but the real work is in developing community-specific policies and actions to be implemented. The efforts for the two Elements can fortunately be combined and will not need to work independently of each other. In addition, an environmental assessment will need to be performed under the California Environmental Quality Act (CEQA). The proposal has scoped an Initial Study/Negative Declaration, which is generally believed to be the appropriate path at this time; however, revisions will be made if needed following the Initial Study. The entire project is expected to take approximately nine months to complete.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

Description Account Revised/Adopted
Budget Proposed Budget Budget (diff)Amendment
General Plan - Building 103-300-0231-51301 $ - $ 74,880 $ 74,880 The proposed Agreement includes a not-to-exceed amount of $74,880 to complete this project. The funding for this project will be funded out of the General Plan reserve, which currently has a balance of $759,556.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7243:

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Approving Budget Amendment BA 22-07-02 in the amount of $74,880 to account number 103-300-0231-51301.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram

Alexa Smittle, Community Development Jill R. Ingram, City Manager Director
ATTACHMENTS:

A. Resolution 7243
B. Professional Services Agreement between the City of Seal Beach and Michael Baker International, Inc.

RESOLUTION 7243

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT FOR UPDATE AND

PREPARATION OF SAFETY AND ENVIRONMENTAL JUSTICE

GENERAL PLAN ELEMENTS WITH MICHAEL BAKER
INTERNATIONAL, INC.

WHEREAS, the City of Seal Beach (City) desires to retain a consultant to assist with the development of an Environmental Justice Element, a Safety Element Update, and associated environmental review; and,
WHEREAS, pursuant to the Seal Beach City Charter, Seal Beach Municipal Code Chapter 3.20 establishes a central purchasing system including procedures for competitive bidding and exemptions from competitive bidding; and WHEREAS, Seal Beach Municipal Code Section 3.20.025(C) provides for an exemption from competitive bidding requirements for purchases of professional services, including without limitation, architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:

Section 1. The City Council hereby approves the professional services agreement (“Agreement”) between the City of Seal Beach and Michael Baker International, Inc. in an amount not to exceed $74,880 as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set fourth in full.

Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City and any amendments or extension thereafter.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7243 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022.

Gloria D. Harper, City Clerk
January 24

Agenda Item F

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Authorizing an Application for the Department of Water Resources Floodplain Management, Protection, and Risk
Awareness Grant Program for the Seal Way Storm Drain
Infrastructure Project
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7244 authorizing the City Manager to submit a Department of Water Resources Floodplain Management, Protection, and Risk Awareness Grant Program for the Seal Way Storm Drain Infrastructure Project.

BACKGROUND AND ANALYSIS:

Seal Way is subject to reoccurring flooding during rain events. The City has historically deployed portable pumps to reduce the level of stormwater flooding and mitigate the risk to life and property; however, these are temporary measures and are not intended for extended rainstorms.

The City’s Master Plan of Drainage identifies Seal Way as an area of reoccurring flooding; therefore, feasibility studies were conducted and presented to the City Council on March 25, 2019. The Seal Way Storm Drain Infrastructure Project, as a result, has been forecasted into the five-year capital improvement program; however, construction funding has not been identified.

On September 27, 2021, the Department of Water Resources (DWR) released the Floodplain Management, Protection, and Risk Awareness Grant Program guidelines. The program’s intent is to reduce flood risks associated with stormwater flooding, mudslides and flash flooding. Accordingly, the City submitted a concept proposal for the Seal Way Storm Drain Infrastructure Project to DWR for feedback. On December 14, 2021, DWR found the project to be consistent with their guidelines and requested the City to submit a full proposal by the February 9, 2022 deadline.

Page 2 ends

Pursuant to the grant guidelines, a City Council adopted resolution will need to be submitted with the full application.

ENVIRONMENTAL IMPACT:

Approval of a resolution authorizing submittal of a grant application is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3) and 15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that approval of a grant application submittal will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

A match of 25 percent of local cost-share is required. The following table presents the estimated grant request and matching fund commitment, if successful.

Approximate
Grant Request
Approximate
Matching Fund
Seal Way Storm Drain
Infrastructure Project
$750,000 $250,000
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Page 3 ends

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7244
RESOLUTION 7244

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING A PROPOSAL FOR FUNDING FROM THE

DEPARTMENT OF WATER RESOURCES AND

DESIGNATING A REPRESENTATIVE TO EXECUTE THE

AGREEMENT AND ANY AMENDMENTS THERETO, FOR

THE SEAL WAY STORM DRAIN INFRASTRUCTURE

PROJECT
WHEREAS, the City of Seal Beach (“City”) is a California charter city with responsibility for and authority over flood management and water quality management in the area proposed for the project and is willing to participate in, coordinate, and collaborate with other interested parties that are participating in the development of the City of Seal Beach project; and,
WHEREAS, the City is authorized to enter into an agreement with the Department of Water Resources and the State of California.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. That pursuant and subject to all of the terms and conditions of the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund Act of 2018 (Proposition 68; Pub.

Resources Code, Section 80000 et seq.), the City of Seal Beach is authorized to submit a proposal to obtain funding for the Seal Way Storm Drain Infrastructure Project from the Department of Water Resources.

Section 2. The City of Seal Beach City Manager, or designee, is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments hereto.

Section 3. The City of Seal Beach City Manager, or designee, shall prepare the necessary data, make investigations, and take other such actions as necessary and appropriate to execute the Seal Way Storm Drain Infrastructure Project.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7244 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022.

Gloria D. Harper, City Clerk
Agenda Item G

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with Crosstown Electrical and Data, Inc., for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7245:

1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to $25,000 and inspection services up to $10,000, in connection with the Project, in the cumulative not-to-exceed amount of $35,000.

BACKGROUND AND ANALYSIS:

The Orange County Transportation Authority’s (OCTA’s) Regional Traffic Signal Synchronization Program (RTSSP) provides grant funds to local agencies for traffic signal coordination efforts. Projects eligible for RTSSP must be identified on the priority corridor network, signal synchronization network, or Master Plan of Arterial Highway (MPAH). Seal Beach Boulevard has been identified as a MPAHclassified “Major” corridor that would benefit from signal synchronization.

The last OCTA grant funding for the Seal Beach Boulevard corridor was in 2013, where new upgrades are necessary. As such, a grant application was submitted

Page 2 ends

in response to OCTA’s 2019 Call for Projects. On May 11, 2020, the OCTA Board approved $546,750 of Measure M2 Regional Traffic Synchronization Program (Project P) funds to the City for the Project.

The Seal Beach Boulevard Traffic Signal Synchronization (Project) will upgrade the signals along Seal Beach Boulevard between Pacific Coast Highway and Bradbury Road. The general scope of work will include signal re-timing, new video detection cameras, communication and equipment upgrades, and traffic management center (TMC) upgrades to optimally utilize roadway capacity without roadway widening improvements. Traffic signal synchronization will provide the ability to reduce vehicle stops, delay time and emissions while improving vehicle fuel consumption and overall vehicular flow along the corridor.

On November 30, 2021, construction bids were solicited. On January 6, 2022, the City Clerk’s office received ten (10) bids with the following results:

Rank Contractor Total Base
Bid
Total Bid
Low Crosstown Electrical & Data $ 212,296 $250,646
2 Elecnor Belco Electric $ 233,323 $280,323
3 Comet Electric $ 249,624 $303,964
4 Ferreira Construction Co. $ 253,939 $299,159
5 Alfaro Communication Construction $ 259,458 $310,258
6 CA Professional Engineering $ 261,696 $313,121
7 Dynaelectric $ 270,658 $316,058*
8 Asplundh Construction $ 293,974** $347,674***
9 Yunex $ 303,690 $366,690
10 DBX $ 319,800 $379,000
* Corrected bid amount is $316,058. Bid proposal stated amount: $45,400 ** Corrected bid amount is $293,974. Bid proposal stated amount: $294,714 *** Corrected bid amount is $347,574. Bid proposal stated amount: $348,474 The project requested pricing for additive (optional) bid items for additional work the City may elect after the bid opening. These additive items plus the “Total Base Bid” amount would equal to the “Total Bid” amount. It should be noted that the basis of award is the “Total Base Bid”.

Staff has evaluated the lowest Total Base Bid and the lowest Total Bid, and deemed the costs in line with the engineer’s estimate and competitive with industry standards.

Based upon the references, qualifications, work experience, and cost, staff recommends deeming Crosstown Electrical and Data, Inc. as the lowest responsible bidder at $212,296 Total Base Bid ($250,646 Total Bid), and awarding the Seal Beach Boulevard Traffic Signal Synchronization contract to Crosstown Electrical and Data, Inc. The project plans are available in the City Engineer’s office. Staff recommends authorizing the City Manager to approve additional work

Page 3 ends

requests up to $25,000 and inspection services up to $10,000, in the cumulative not-to-exceed amount of $35,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c).

LEGAL ANALYSIS:

The City Attorney has reviewed the agreement and approved the resolution as to form.

FINANCIAL IMPACT:

The Capital Improvement Program budget allocated $800,000 for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109. This amount includes the $546,750 of Project funding.

The table below presents the estimated breakdown of the Project’s construction cost:

Description Amount
Construction $ 250,646
Contingency $ 25,000
Inspection/Testing $ 10,000
Total $ 285,646
Upon completion of the public works agreement, any unspent funds remaining from this project will be returned to the original funding source STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7245:

Page 4 ends

1. Approving the plans, specifications, and contract documents for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Crosstown Electrical and Data, Inc.; and,

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7245
B. Agreement with Crosstown Electrical and Data, Inc.

RESOLUTION 7245

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH CROSSTOWN
ELECTRICAL AND DATA, INC. FOR THE SEAL BEACH

BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, CIP
ST2109
WHEREAS, the City desires to upgrade and synchronize the traffic signals along Seal Beach Boulevard; and,
WHEREAS, on December 9, 2019, the City Council authorized the submittal of a grant application to the Orange County Transportation Authority (OCTA) for the Seal Beach Boulevard Traffic Signal Synchronization (Project); and, WHEREAS, on May 11, 2020 the OCTA Board approved $546,750 of Measure M2 Regional Traffic Signal Synchronization Program (Project P) funds to the City for the Project; and,
WHEREAS, on November 30, 2021, the City issued a solicitation for bids for the Seal Beach Boulevard Traffic Signal Synchronization, CIP ST2109 (“Project”); and,
WHEREAS, the Notice Inviting Bids requested pricing for the “Total Base Bid” and pricing for additive (optional) bid items for additional work the City may request after bid opening, provided that the additive items plus the “Total Base Bid” amount would equal to the “Total Bid” amount, and provided that the bid will be awarded based on the lowest responsible Total Base Bid; and,
WHEREAS, on January 6, 2022, the City Clerk’s office received ten (10) bids in response to the solicitation for bids. Crosstown Electrical and Data, Inc. (Crosstown) submitted the lowest responsible Total Base Bid in the amount of $212,296, and also the lowest responsible Total Bid of $250,646; and, WHEREAS, Crosstown is a qualified firm to perform the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project.

SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Crosstown Electrical and Data, Inc. for the Project in the not-to-exceed amount of $250,646.00, including the Total Base Bid of $212,296 and the Additive Bid Items No. A1 and A2, and rejecting all other bids.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $25,000.00.

SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $10,000.00.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7245 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT

SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT CIP NO. ST2109
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Crosstown Electrical & Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
(626) 813-6693
(626) 869-0192 - FAX
THIS CONTRACT (“Contract”) is made as of January 24, 2022, by and between the City of Seal Beach, a California charter city (“City”), and Crosstown Electrical & Data, Inc., a California corporation (“Contractor”) (collectively, “the parties” and individually, a “party”).

RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Seal Beach Boulevard Traffic Signal Synchronization, Project CIP ST 2109 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated November 30, 2021; and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated January 6, 2022 in the amount of $250,646.00 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed A and C-10 Contractor (State Contractor's license number (License #756309), DIR #1000000155; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1 (Contractor’s Services).

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Seal Beach Boulevard Traffic Signal Synchronization, Project No. ST2109 (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, Project Plans, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All Contract Documents are hereby incorporated into this Contract.

1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.

2. Effective Date. This Contract is effective as of January 24, 2022 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $250,646.00 (Two Hundred Fifty Thousand Six Hundred Forty Six dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Subsection 3.1. Payment for additional work in excess of this amount requires prior City Council authorization.

4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, and except as otherwise provided in Subsection 5.2, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including, without limitation, claims for bodily injury, death or damage to property and/or breach of this Agreement, fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.2 Indemnity for Design Professional Services. To the extent that Contractor’s Work hereunder include the performance of professional services by a “design professional” (as the term is defined below), and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, indemnify and hold harmless City and the other Indemnitees, and each of them (as defined in Subsection 5.1, above), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including, without limitation, claims for bodily injury, death or damage to property and/or breach of this Agreement, fees of accountants, attorneys or other professionals and all costs associated therewith (collectively “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, directors, agents, servants, employees, Subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c), as may be amended from time to time. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor exceed Contractor’s proportionate percentage of fault.

5.3 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.3.

5.4 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.5 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.6 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

5.7 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities and obligations in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims, Liabilities, tax, assessment, penalty or interest asserted against City.

5.8 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.9 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Claims and/or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.10 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.

6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.

6.1.3 Exhibit D-3: Additional Insured Endorsement –
Professional Liability.

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).

6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

6.2.5 Professional Liability (or Errors and Omissions)
Insurance appropriate to its profession, in a form and with insurance companies acceptable to the City. This insurance shall be endorsed to include contractual liability applicable to this Contract and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor. “Covered Professional Services” as designated in the policy must specifically include work performed under this Contract. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. Subject to the City’s prior written approval, if the Contractor provides design professional services by use of a Subcontractor, the Contractor may satisfy this professional liability insurance requirement by requiring its Subcontractor to provide professional liability insurance that complies with all requirements of this Section 6 and Contract.

6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.3.4. Professional Liability (or Errors and Omissions Liability) Insurance: $1,000,000 per claim/aggregate. If a “claims-made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

6.4 Additional Insureds.

6.4.1 For general liability insurance, City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

6.4.2 For automobile liability insurance, City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired, or borrowed by Contractor for which Contractor is responsible.

6.4.3 The provisions set forth in this Subsection 6.4 shall also apply to any excess/umbrella policies.

6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies shall contain, or shall be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.

6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety.

Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Crosstown Electrical & Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
Telephone: (626) 813-6693
Fax: (626) 869-0192
Attn: David Heermance, President

10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.

17. Claim Dispute Resolution.

17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.

22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

EXHIBIT A

FAITHFUL PERFORMANCE BOND
16 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, PROJECT CIP NO.

ST2109
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the 17 provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
18 EXHIBIT B

PAYMENT BOND (LABOR AND MATERIALS)

19 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SEAL BEACH BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION, PROJECT CIP NO. ST 2109
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to 20 Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

21 EXHIBIT C
WORKER’S COMPENSATION INSURANCE CERTIFICATE
22 WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By: Its Authorized Representative
23 EXHIBIT D-1

ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 24 ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 25 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
26 EXHIBIT D-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 27 ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 28 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
29 EXHIBIT D-3

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
30 ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 31 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
32 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
33 EXHIBIT E

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS

36 EXHIBIT F

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS

38 EXHIBIT G

BID PROPOSAL (INCLUDING BID SHEETS)

Agenda Item H

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Authorizing the 2021 Pavement Management Relief Funding Program Project List
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7246 authorizing the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program.

BACKGROUND AND ANALYSIS:

The federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), which was signed into law on December 27, 2020 appropriated $10 billion for Highway Infrastructure Programs through the Federal Highway Administration (FHWA). Orange County Transportation Authority (OCTA), through Caltrans, was provided with approximately $14.6 million in CRRSAA regional funds of which $3.66 million was programmed by OCTA for priority regional projects leaving approximately $11 million remaining available for programming in OCTA’s newly created, one-time 2021 Pavement Management Relief Funding (PMRF) Program. PMRF provides funds for pavement preservation, preventive maintenance, rehabilitation and reconstruction on streets classified as “minor collector” or above. Based on a population-based formula, Seal Beach will be allocated $200,000. In order to receive these funds, the City will need to adopt a resolution approving the project using PMRF funds.

As PMRF is federal funding and will require California Transportation Commission (CTC) allocation approvals, the Seal Beach Boulevard at North Gate Road Improvement Project is recommended. This project would rehabilitate the distressed pavement within the intersection’s vicinity, but it will also satisfy the City’s commitment to OCTA and Caltrans pursuant to the 2018 Settlement Agreement.

Page 2 ends

ENVIRONMENTAL IMPACT:

Approval of a resolution authorizing a project list for funding is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Section15378(b)(4) of the state CEQA Guidelines because it can be seen with certainty that approval of project list will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution as to form.

FINANCIAL IMPACT:

The $200,000 PMRF funding will be recognized in the FY 2022-23 budget. As the Project cost is expected to exceed the PMRF allocation, it is estimated that an additional $75,000 in City funds would need to be programmed into the proposed FY 2022-23 budget. There are no appropriations requested at this time.

Description Amount
PMRF Funds $ 200,000.00
Estimated City Funds $ 75,000.00
Project Budget $ 275,000.00
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS:

A. Resolution 7246
RESOLUTION 7246

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AUTHORIZING THE PROJECT LIST SUBMITTAL FOR

CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING

THROUGH THE ORANGE COUNTY TRANSPORTATION
AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF

FUNDING PROGRAM
WHEREAS, the City of Seal Beach (“City”) is being provided $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program; and,
WHEREAS, the City is eligible to receive federal funding through the California Department of Transportation; and,
WHEREAS, the Orange County Transportation Authority (OCTA) is responsible for distribution of the CRRSAA funding; and,
WHEREAS, OCTA has developed guidelines for administering and distributing CRRSAA funds to eligible local agencies through the 2021 PMRF Program; and, WHEREAS, the City is the lead agency for project(s) and will comply with all applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby authorizes the submittal by the City Manager or designee of the following project nomination to OCTA for CRRSAA funding:
 Seal Beach Boulevard at North Gate Road Improvement
Project for $200,000 in CRRSAA funding.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7246 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January, 2022.

Gloria D. Harper, City Clerk
Agenda Item I

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Approving and Authorizing a Professional Services Agreement with Gillis + Panichapan Architects, Inc. for the Tennis Center Improvement Project, CIP BG2105
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7247:

1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-to-exceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

BACKGROUND AND ANALYSIS:

At the March 31, 2021, City Council Strategic Planning meeting, there was discussion of seven high priority capital improvement projects, which included the Tennis and Pickleball Center. During this meeting, City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse given the extensive locker room repairs required.

The Tennis Center Improvement Project was budgeted in the FY 2021-2022 Capital Improvement Program to evaluate the design options to renovate the Tennis and Pickleball Center. As a result, staff retained Gillis + Panichapan Architects, Inc. (GPa), to develop conceptual design plans.

The design was based on the concept of meeting the functionality of a community gathering space, providing locker room amenities, and optimizing the use of City funds. Features will include:

Page 2 ends

 Locker rooms with modern amenities including showers, restrooms, dayuse lockers, and changing space.  Open concept multi-purpose room that would be equipped to host community events or serve as a private rental space.
 A kitchen to serve daily Tennis and Pickleball Center users and/or a warming/catering area for events.
 A sliding glass door system that opens the clubhouse, connecting the outdoor and indoor space, thereby increasing functionality.  Staff workspace combined with an appropriately sized pro shop.  Energy-efficient mechanical, electrical, and plumbing equipment.

The concept design also includes the following site upgrades:
 New LED court lighting to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs.
 Renovated multi-purpose building to allow for a more versatile space for community programming or recreation purposes.
 Demolition of the existing locker room that would create additional open space for the Tennis and Pickleball Center.

On December 13, 2021, the City Council reviewed the Tennis Center Improvement Project conceptual design plans and approved Budget Amendment BA 22-06-03 in the net amount of $2,570,000 to proceed with Project design, and ultimately construction.

On December 22, 2021, staff received a proposal from GPa in a not-to-exceed amount of $234,900 for the Tennis Center Improvement Project. Staff recommends retaining GPa to continue providing professional design services given its knowledge from developing the approved concept design plans. GPa has also satisfactorily prepared construction documents for similar community facilities for agencies such as City of Fullerton, City of Westminster, and City of Stanton.

GPa’s scope of work will generally include the following components:
• Information gathering and design development
• Construction documents preparation
• Bidding Assistance
• Construction Administration
The project design phase is estimated to take one year. Construction mobilization is estimated to begin a year after the design phase has begun.

Due the Project’s complexity, staff recommends authorizing the City Manager to approve additional work requests up to $20,000.

Page 3 ends

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with Gillis + Panichapan Architects, Inc.. will not have a significant effect on the environment.

Environmental impacts related to the project construction will be assessed under a separate effort.

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

On December 13, 2021, City Council adopted Resolution 7233 approving Budget Amendment BA 22-06-03 in the net amount of $2,570,000. BA 22-06-03 appropriated $2,600,000 from the ARPA Fund for the costs associated with design, construction management, construction, inspection, furniture, fixtures, and equipment, and other related expenditures based on the presented conceptual design.

The table below presents the estimated breakdown of the design costs:

Description Amount
Design $ 234,900
Contingency 20,000
Total $ 254,900
STRATEGIC PLAN:

On March 31, 2021, this item was identified as a Council Strategic Objective for the coming year.

MEASURE BB:

This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure.

RECOMMENDATION:

That the City Council adopt Resolution 7247:

1. Approving and awarding a Professional Services Agreement with Gillis + Panichapan Architects, Inc. in a not-to-exceed amount of $234,900 to

Page 4 ends

provide professional design services for the Tennis Center Improvement Project, CIP BG2105; and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to execute Agreement amendments for additional work requests up to $20,000 in connection with the Project.

SUBMITTED BY: NOTED AND APPROVED:

Steve Myrter Jill R. Ingram
Steve Myrter, P.E., Director of
Public Works
Jill R. Ingram, City Manager
Prepared by: Denice Bailey, Assistant Engineer
ATTACHMENTS:

A. Resolution 7247
B. Agreement with Gillis + Panichapan Architects, Inc.

RESOLUTION 7247

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
GILLIS + PANICHAPAN ARCHITECTS, INC. FOR TENNIS
CENTER IMPROVEMENT PROJECT, CIP BG2105
WHEREAS, the 2011 Citywide Facility Condition Assessment Report identified the Tennis Center facility to be in poor condition; and,
WHEREAS, the City desires to effectively use the Tennis Center facility space to provide for the community and the end users; and,
WHEREAS, at the March 31, 2021, Strategic Planning Meeting, the City Council directed staff to evaluate the feasibility of incorporating the locker room into the clubhouse; and,
WHEREAS, on December 13, 2021, the Tennis Center Improvement Project (Project) Conceptual Design Plans were presented to City Council for feedback and the City Council provided feedback with respect to the Conceptual Design Plans; and,
WHEREAS, on December 13, 2021, Budget Amendment 22-06-03 was approved allocating $2,570,000 for the Project; and,
WHEREAS, the City desires to retain a professional architect to provide professional design services for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

SECTION 1. The City Council hereby awards a Professional Services Agreement (Agreement) to Gillis + Panichapan Architects, Inc., in a not-toexceed amount of $234,900 to provide professional design services for the Tennis Center Improvement Project.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the Gillis + Panichapan Architects, Inc. proposal dated December 22, 2021.

SECTION 3. The City Council hereby authorizes the City Manager to approve Agreement amendments for additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of $20,000.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of January, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7247 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of January 2022.

Gloria D. Harper, City Clerk

DESIGN PROFESSIONAL SERVICES AGREEMENT
for
Tennis Center Improvement Project, CIP BG2105
Professional Architectural Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Gillis + Panichapan Architects, Inc.
2900 Bristol Street, Suite G-205
Costa Mesa, CA 92626
714-668-4260
This Professional Service Agreement (“the Agreement”) is made as of January 24, 2022 (the “Effective Date”), by and between Gillis + Panichapan Architects, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
2 of 19

RECITALS
A. City desires certain design professional services for BG2105 Tennis Center Improvement Project.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide architectural design services.

C. Consultant represents that the principal members of its firm are qualified professional architects and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any 3 of 19
and all applicable professional standards of care. The acceptance of Consultant’s work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence on January 24, 2022, and shall remain in full force and effect until January 23, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $234,900 (Two Hundred Thirty-Four Thousand Nine Hundred dollars) for the Original Term, except as otherwise authorized pursuant to Section 3.2 hereunder.

3.2. Any additional work authorized by the City Council at time of award pursuant to this Section will be compensated in accordance with the hourly rates set forth in the fee schedule set forth in Exhibit A.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
4 of 19

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Jack Panichapan is the Consultant's primary representative for purposes of this Agreement. Jack Panichapan shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Gillis + Panichapan Architects, Inc.
2900 Bristol St., Suite G-205,
Costa Mesa, CA 92626
Attn: Jack Panichapan

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
5 of 19

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other 6 of 19
retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify 7 of 19
and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. 8 of 19
All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
9 of 19
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
10 of 19

17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability. , within minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
11 of 19

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 12 of 19

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0. 13 of 19

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c).

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, 14 of 19
agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 15 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, agephysical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
16 of 19
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 17 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
18 of 19
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.

EXHIBIT A
Consultant’s Proposal
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org January 11, 2022
Denice Bailey, MPA
Project Engineer
Public Works Department Public Works Department
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 Re: City of Seal Beach: Tennis Center Conceptual Planning R1 Dear Denice,
GPa is pleased for the opportunity to provide architectural and engineering services associated with the retrofit and improvements of the City of Seal Beach Tennis Center. Services include all stages from design development through construction support. The following pages outline an understanding of our scope and approach to the project.

We plan to utilize the following sub-consultants to provide services on this project (Please refer to attached consultant scope in the appendix information on their services and scope):

Mechanical Electrical and Plumbing Engineer
Hiten Sheth, P.E.

Mechanical Engineer
H2S Engineers
[email protected]
Structural Engineer
Richard Suzuki, P.E.

Sr. Vice President Director of Engineering
Dale Christian Structural Engineers, Inc
[email protected]
Landscape Architect
Arthur Guy
President, BGB Design Group
[email protected]
Please see our attached project approach, and the Fee Exhibit for our proposed work plan and fee breakdown.

We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation.

We look forward to working with you on this project.

Sincerely,
Jack Panichapan, AIA, LEED AP
Principal, CEO
Gillis + Panichapan Architects, Inc.

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements
Project Understanding:

The primary scope of this work for A&E design development through construction support based on our approved conceptual design developed with the City for improvements to the Seal Beach Tennis Center (See attached conceptual plan exhibit). This includes the remodel of two buildings: the main clubhouse and the multipurpose building. Sitework would include the demolition of the locker building with landscaping improvements its place.

In addition, we would provide improvements on site lighting design for courts including providing lighting for the existing unlit courts.

GPa would perform the following A&E scope of work listed below for the proposed Renovation:

We have included the following multi-disciplinary services this project:
• Architecture
• MEP Engineering
• Structural Engineering
• Landscape Architecture
(Refer to attached respective consultants’ proposal).

Scope of Work Understanding:
• Renovation of Clubhouse: This will include major renovation of the existing club house including new HVAC, new plumbing, new lighting, and new power distribution. The renovated building will be expanded to 3,200 SF from existing 2,700 SF building.
• Renovation of Multipurpose Building: This will include renovation of an existing 900sf multipurpose building. Project will include new architectural reconfiguration and repair along of facility with HVAC and new lighting with minor power distribution inside of the space. • Landscape Area and Outdoor lighting: A proposed landscape area created with the removal of the existing locker room building. Provide upgrade of all existing lighting, addition of new lighting for existing courts as required for the proper lighting level. The electrical scope will require some power redistribution as well as new power distribution for new lights.

Refer to attached site plan exhibit depicting areas of demo and improvements (Exhibit A).

We propose the following Milestone Stages of Work:

1. Information Gathering and Design Development (30% CDs)

2. Construction Documentation (And Plan Check with City) a. 60% CDs
b. 90% CDs (plan check and Page turn)
c. 100% Final Permit and CDs

3. Bidding Assistance

4. Construction Administration

5. Record Drawings & Documentation

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements

1. Information Gathering and Design Development
The beginning of the Design Development stage would be a kick off with refining and detailing the design based on the approved conceptual design. Interior and Exterior Elevations to be provided. Needed Structural retrofits and MEP improvements to be assessed and developed. We would establish outline specs and provide a draft drawing set. We would coordinate with the City approved standards to determine fixtures, color, material, and finishes of the proposed alterations and improvements. Develop materials and finishes to review with the City.

Structural analysis would be coordinated with City provided Geotechnical Information on soil and seismic data for the site as required. GPa would fully coordinate with City’s Geotechnical Engineer to obtain the needed information for the project. Along with the structural analysis, we would assess existing building conditions in greater detail to refine drawings, and develop design solutions to review with the City..

This includes development and preparation of architectural drawings, and outline specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the project.

GPa shall prepare outline specifications, including an index and technical sections. • Architecture
o Develop plans including dimensions, finishes, materials, details, and specifications. In addition, select schedules including hardware, materials, and finishes. • Structure
Provide structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story Clubhouse and Multipurpose Building based on approved conceptual architectural drawings. Includes (1) pre-design site survey and (1) design for light standard footing.
• MEP coordination
o Design drawing to include new/existing equipment schedule, sizing and location, new duct layout, new diffuser/register. Verify heating & cooling Load calculations. o Develop electrical power and data plan; lighting and fixtures plan; and develop low voltage plans.
o Select plumbing fixtures sizes, pipe sizes, and coordinate points of connections. • Landscape Architecture
Landscape design would include creating a predominately turf area with non-specific use. • Project Management and Coordination
o Coordinate input from all sub-consultants and City for quality control check. o Revise design schedule and construction cost estimate based on the Design Development plans.
o Present the approved Design Development plans to the City for review and comment.

Deliverables: Design Development plans and specifications (30% CD submittal). GPa shall conduct a meeting with the City team to review all documents.

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements

2. Construction Documentation (and Plan Check/ Regulatory Permitting) Upon approval of the design development documents by the City, GPa would prepare the construction documents for the renovation and prepare for plan check and bidding. Review and coordination with the City shall take place formally at 60, 90, and 100%.

These documents shall include plans and specifications that in detail set forth the requirements for construction.

GPa shall provide all drawings and specifications, including architectural, structural, mechanical, plumbing, and electrical. Engineering calculations shall be included.

Regarding the demo plans for the Lockers Building, we can provide notes and details for either a backfill of earthen material or a weak slurry mix to restore the site; this would be in conformance with the recommendations of the geotechnical engineer
For the Audio-Visual System, we can provide performance specs for a design build system. Someone on our team can review.

GPa will have the construction drawings signed and stamped by a design professional, prepare the required documents for Public Bid by qualified General Contractors, and lead the City team in submitting these documents for all permit applications and in obtaining the permits. • Develop 60%, 90%, and 100% CD stage
• Meet with the City team at all stages of the plan review to review design issues, architectural and engineering design.
• Formal the City Coordination at 60%,90%, and 100%
• Submit 90% plan review to the City Building Department including all calculations for building department plan check for initial review.

3. Plan Check/ Regulatory Permitting
Coordinate and Submit plans to City Plan Check** Coordination and revisions to attain plan check approval with required jurisdictions and req. authorities.
• GPa will assist with obtaining required permits review and approval as required by the City Building Dept.
• Includes meetings and Revisions from input from the City after the initial submittal. (**Entitlement scope excludes Building Department or Plan Check Submittal Fees, City Business License fees (if required) or any other 3rd party fees) • Provide Project Management to coordinate City Requirements with engineer sub-consultant’s information
4: Bid Support
This Task includes assisting the City in the public bidding and award process. o Attend Bid Walk
o Prepare addenda in response to requests for information (RFIs) and requests for clarification (RFCs) received from prospective bidders during the bid advertisement period. o At the conclusion of the bid phase, prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents.

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements

5. Construction Support Services
Construction Administration includes assisting the City in construction support services for the project during the construction process (GPa is not a construction manager. This does not include construction management services).

The following scope is included for Construction Support:
• Periodic onsite review of construction activities. Attend meetings as required during construction administration for review of progress, on site coordination and punch walks. • Attend construction coordination meetings (Up to 12 meetings) • Assist with quality assurance and quality control.
• Submittal and shop drawing review.
• provide review and response of RFIs, Submittals and Shop drawings for engineering related items. • Respond to Requests for Information (RFI).
• Assist in change order review and negotiations.
• Participate in the creation of punch list
• Record Drawings & Documentation- Provide project close-out and record set based on GC mark-ups and updates.

Assumptions:
• Code required accessibility retrofits are provided for immediate spaces within the scope of work. The design will be focused on the work from the scope described. Any code accessibility upgrades required by the City to the existing facility outside of the immediate area of work would not be included in this scope of work.

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements
Preliminary Schedule- Approximate Milestones
The following is based on initial dates provided starting 01/14/22- dates anticipated to shift respective of official contract date start. Please note that this is a tight schedule, and that review sessions with the City are scheduled concurrently with each submittal.

Issued AE contract 01/14/22
Task 1: Info Gathering and Design Development 01/20/22 (~8-weeks) Design Development and review session 3/20/22
Task 2: Construction Documents and Plan Check Review
60% Construction Documents and the City review 4/20/22 (~4 weeks) 90% Construction Documents and the City review 5/20/22(~4 weeks) Plan Check Review Submittal 5/20/22
Plan Check Approval 7/01/22**(~4-6 weeks)
100% Construction Documents (Bid Docs) 7/21/22 (3 weeks) Task 4: Bidding (anticipated to occur concurrently with plan check review comments response) Task 5: Construction Administration construction to begin- 1st week of September Task 6: Record Drawings March 2023
*Holiday Breaks factored into date
**Includes waiting times for City Plan Check and Bid responses which can take 2-5 weeks prior to obtaining responses. Please note City comments that involve retrofits outside the immediate scope of the work (in other areas of building and site) could increase the lead time to complete the construction documents.

PROJECT APPROACH
City of Seal Beach- Tennis Center Improvements
Requested Scope from City to Provide:

We are requesting the following services/ information be provided by the City for this project as required:

Geotechnical Engineering: Site Soils and Seismic information to be provided by City’s consultant for our Structural Engineering Design. GPa would fully coordinate with City’s Geotechnical Engineer to obtain the needed information for the project.

Environmental Hazardous Material Report
o Environmental Hazardous Material Abatement Procedures Testing & Inspection General Exclusions:
• Civil Engineering (Parking and Any Potential Re-Grading Design of Site based on Occupancy changes and Accessible path of travel).
• Design of ADA upgrades required by the City beyond the immediate area of the proposed renovations
• Electrical service upgrade. Electrical service upgrade is not expected and not included in this proposal.
• Any water or gas utility upgrade.
• Commissioning of any other systems or building components not listed in “Systems to Be Commissioned”, such as vertical systems, emergency generator(s), communication, fire and life safety system, etc.
• Title 2016 Part 6 Acceptance testing and submittal of acceptance testing forms. These are to be completed by the General Contractor and its installing subcontractors. • Testing, adjusting and balancing of HVAC systems and domestic hot water systems. • Troubleshooting of systems malfunctions to correct deficiencies, as well as attending meetings associated with such unplanned troubleshooting. Such services can be provided if requested by the client.
• The re-testing of equipment or systems requiring significant additional effort, travel cost, and time not accounted for in this proposal and further defined in the “Assumptions” section. Such testing will be conducted as additional commissioning services.

FEE EXHIBIT
City of Seal Beach
Tennis Center- Improvements
1/11/2021

1. Info Gathering Design Development

1. Design Development- Information gathering. Coordinate with City's Geotechnical Consultant Setup and Investigation. Develop additional detailed CAD background drawings for site and facilities. Establish Final Basis of Design. Establish outline specs and drawing set.
24 24 50 60 60 $26,430

2. Construction Documents
2a. 60% Construction Documents and Specifications, Development of 60- percent Architectural, Mechanical,Electrical, Plumbing and Structural, drawings for the facility improvements. Landscape Architecture. Prepare preliminary technical specifications. Conduct a constructability review with City. MEP design development.

Include technical specifications defining the overall project and design criteria. 24 48 48 48 40 $27,520
2b. 90% Construction Documents and Specifications (Plan Check Stage) 24 40 90 90 40 $35,780 2c. 100% Construction Documents and Specifications, Provide developed design information: • Finalize drawings and specifications for architectural and building systems.• Provide City plan corrections.
• Make final coordination of the bid documents with City.• Perform Final Quality Control Check.
24 24 32 32 28 $18,620 $81,920
Total Item #2
Construction
Documents

3. Plan Check/ Regulatory Permitting**

3. Plan Check/ Regulatory Permitting: Entitlements regarding Building Department Review and Addendum. Plan Check- Building Department Review. 4 8 12 12 4 $5,280 4: Bid Support

4. Bidding Support: Attend the pre-bid meeting. Provide technical support at the pre-bid meeting. Prepare addenda in response to requests for information (RFIs) and requests for clarification (RFCs). prepare a conformed set of contract documents that incorporate all addenda and revisions to the contract documents. 8 8 8 12 8 $5,860

5. Construction Support Services

5. Construction Administration: review and guide the progress of construction support including RFI response, GPa will review Shop Drawings, Product Data, Samples and similar submittals to verify conformity with the information by the original contract documents.
40 120 120 96 96 $62,280
Hours: 148 272 360 350 276 1406
Hourly rates $195 $175 $135 $95 $85 total hours
Sub-Total $181,770
Sub-Consultant Services Included (see attached proposals) * Reimbursibles would cover fees accrued for expense related to the project.

ALTA Survey Allowance $6,000
** Plan Check excludes Building Department or Plan check Submittal Fees, City Business License fees (if required) or any other 3rd party fees. Scope of Entitlement does not include potential accessible upgrades that may be required for the overall building and site outside the immediate project.
$234,900

1. MEP Engineering
GRAND TOTAL: ALL TASKS
$5,930

2. Structural Engineering
Administrative Coordination and Management
$19,900
$13,300
Sub-Consultant Total $39,530
Sub-Consultant Grand Total $45,460
Reimbursable Allowance * $1,670

3. Landscape Architecture $6,330
Architecture Total $181,770 Job Captain CAD Tech
Architect: subtotals per line
item
$181,770

ARCHITECT
PrincipalProject Dir.Project Arch

Page 1 ends

Gillis+Panichapan Architects, Inc.

This document and the structure
depicted herein are the copyrighted
property of, and may not be
reproduced in any form without
express written permission of,
Gillis+Panichapan Architects, Inc.

C All Rights ReservedJOB NO.: 4005
DRAWN BY: STAFFCHECKED BY: LPSCALE: AS SHOWN
Gillis + Panichapan Architects, Inc.
2900 BRISTOL STREET COSTA MESA CALIFORNIA 92626
FAX (714) 668-4265 SUITE G-205 TEL (714) 668-4260
architecture
planning
interior

SEAL BEACH TENNIS CENTER
DATE: 10/15/2021

CONCEPTUAL
DRAWINGS CITY OF SEAL BEACH DATE: 11/12/2021 DATE:

DATE:
01 A-1.2
PROPOSED SITE PLAN- SCHEME 1
SCALE: 1/64" = 1'-0"
A-1.2

SW W NW
SE
E
NE
S
N 0' 10' 30' 50' 100'
PROPOSED SITE PLAN- SCHEME 1

LAMPSON AVENUE

ASTER STREET

SEAL BEACH TENNIS

CENTER PARKING NEW FENCE

BASSWOOD STREET

OLD RANCH COUNTRY
CLUB
AREA OF EXTERIOR SITE WORK (4,740±SF)

MULTI-PURPOSE

BUILDING

CLUB HOUSE

PROVIDE NEW
LIGHTS

PROVIDE NEW

LIGHTS PROVIDE NEW
LIGHTS

EXHIBIT A

Page 8 ends

Dale A. Christian, S.E., C.E.O.

Roberto Ortiz, S.E., C.O.O.

Winnie Sullivan, C.F.O.

Richard Suzuki, S.E., Sr. V.P.

Todd Brown, S.E., Sr. V.P.

DCSE ASSOCIATES INC.STRUCTURAL ENGINEERS
a 1744 West Katella Ave, Suite 107 Orange, California 92867 t 714.997.1145 w dalechristian.com Page 1 of 3 'DWH
December 14, 2021
&OLHQW
GPA, Inc. 3KRQH
(714) 668-4260
2900 Bristol Street )D[
(714) 668-4265
Suite G-205 (PDLO
[email protected]
Costa Mesa, CA 92626
$WWQ
Mr. Vic Nguyen
'&6(3URMHFW1DPH
6HDO%HDFK7HQQLV&HQWHU5)3
6HDO%HDFK&$
'&6(-2% 1XPEHU

6FRSHRI:RUN
Provide Professional Consulting Structural Engineering Services including consultation, structural calculations, and structural drawings regarding remodel of an existing one-story approximate 3,200 sq. ft. Clubhouse and approximate 980 sq. ft. Multipurpose Building based on conceptual architectural drawings dated 12/06/21. Includes (1) pre-design site survey and (1) design for light standard footing. Lateral resistance upgrades are anticipated for the Clubhouse.
5HTXHVWHGE\
Yourself
6WUXFWXUDO(QJLQHHULQJ)HH
± '' 6LWH6XUYH\
± &'
± %LG(QWLWOHPHQW
± &$
7 017(KUVPD[

&21',7,216&200(176

This proposal is for your budgetary purposes and, when signed below, may be used for authorization to begin work. A formal contract may follow at time project actively begins for your signature. $87+25,=$7,21

The professional services proposed herein for the above referenced project are hereby authorized for payment of stated fees subject to completion and conditions noted. All provisions and conditions noted in our standard contract for Structural Engineering Services shall be in force including limitation of liability provision. Please Liability Provision page.

Accepted by: Company Date
Please sign and return by (0$,/WRZVXOOLYDQ#GDOHFKULVWLDQFRP, and original copy via US mail.

Thank you.
___________________________
Dale A. Christian, S.E. 2705, President, CEO
352326$/)25352)(66,21$/ 6(59,&(6

STRUCTURAL ENGINEER
H2S ENGINEERS INC.

H2S Engineers Inc.
675 N Euclid St, Suite 518, Anaheim, CA 92801
714.321.3068
www.h2sengineers.com
December 15, 2021
To,
Jack Panichapan
Gillis+Panichpan Architects
714.668.4260
[email protected]
Subject: Seal Beach Tennis club – remodel of retail shop/locker room building, multipurpose room and outdoor lighting for new picket ball courts.

A. Scope Understanding

1. The proposal includes mechanical and electrical engineering services for the following three parts of the projects.
a. Renovation of Clubhouse: This will include major renovation of the existing club house including new HVAC, new plumbing, new lighting, and new power distribution. Electrical service upgrade is not expected and not included in this proposal. The renovated building will be expanded to 3,200 SF from existing 2,700 SF building. b. Renovation of Multipurpose Building: This will include conversion of existing multipurpose building into a gym. Project will include new HVAC and new lighting with minor power distribution inside of the space. Existing electrical panel will be upgraded and used to service new HVAC unit. No plumbing scope is required. c. Outdoor lighting: This will include upgrade of all existing lighting, addition of new lighting for existing courts and new courts as required for the proper lighting level. The electrical scope will require some power redistribution as well as new power distribution for new lights. Existing electrical lighting control panel and power panel may be upgraded to accommodate new lights as well as new controls. We are assuming that service upgrade will not be required.

2. We will perform one (1) site visit to gather existing MEP information required for design.

3. We will provide DD and CD level drawings before the permit ready set is issued for the client review and comments.

4. Mechanical drawings will include Title 24 calculations, equipment schedules, details, floor and roof layouts, elevation plans and controls.

5. Electrical drawing will include Title 24 calculations, photometric study, single line diagrams, panel schedules, details, power layouts, lighting layouts and controls.

6. Plumbing drawing will include plumbing calculations, details, waste/vent layouts, hot and coldwater layouts, plumbing fixture schedules, equipment schedules, material schedules and mounting details.

7. We are excluding written specifications book.

8. We are including construction administration services including answering to RFIs, review of submittals and total of three (3) site visits including punch walk.

B. COMPENSATION
Our fees for the project will be $19,900

1. Our fee will be billed monthly based on the percentage of completion.

2. We are excluding any printing cost; all our deliverables will be in electronic format.

3. We are including meals and miles within our fees.

MEP ENGINEER
3185-C1 Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com December 17, 2021 (Rev. 1)
Viet Nguyen
Project Director
Gillis + Panichapan Architects, Inc. (GPA)
2900 Bristol St., Suite G-205
Costa Mesa, CA 92626
Subject: Landscape Architectural Design Proposal for Seal Beach Tennis Center Landscape Modification
Dear Mr. Nguyen:

BGB Design Group (“BGB) look forward to the opportunity to provide the following proposal to perform design through construction support for the proposed landscape area created with the removal of the existing locker room building.

PROJECT UNDERSTANDING
Conceptual design will include creating a temporary use space. In the interim, the space will become a predominately turf area with non-specific use. Scope would include field investigation for irrigation renovation and landscape interface. With the prospect of future use, all landscape will be considerate of budget. And will consider the future overlay of a pickleball court for future conversion.

SCOPE OF SERVICE

1.0 INTENT OF WORK:

1.1 It is our understanding that our scope of work consists of general landscape demolitions, irrigation and planting of project areas bounded by the area east of the tennis court adjacent to the existing locker rooms and north of the walkway connecting the two courts to the east. Additionally, new fencing or wall shall connect the existing walls once the locker room building is demolished. BGB recommends that the landscape setback plantings will be renovated between the northerly tennis courts outside the perimeter wall. Turf zone would remain unchanged.

1.2 (1) base sheet at 1”=10’-0” scale.

1.3 Assumptions:
• Plans will be on GPA titleblock backgrounds
• Backgrounds will be provided by GPA

LANDSCAPE ARCHITECT
Landscape Architectural Proposal- Seal Beach Tennis Center Page | 2
x Specifications will be limited to technical sections of the proposed scope. x Cost estimate will be limited to landscape demolition, planting and irrigation improvements.

1.4 Services specifically not included within this scope of work include the following:

x Site precise grading and drainage
x All civil and/or structural engineering fees
x All processing of plans and/or pick-up or delivery of plans x Landscape Lighting
x Signage
x Construction Observation Site Visits and Services other than specified below.

2.0 SCOPE OF SERVICES:

Scope of work will include the following services:

2.1 Establish procedures, liaison and work schedules

2.2 Collect and review all on- and off-site applicable data, planning and design criteria, as supplied by GPA.

2.3 Obtain Soils Analysis for representative building and demonstration area (2- samples).

2.4 Establish dialogue to ascertain City of Seal Beach expectations.

3.0 PRELIMINARY DESIGN PHASE (PHASE 1)
This phase consists of developing preliminary design concept. The plans representing this phase are denoted as “Preliminary Design Plan”, and will illustrate the following:

3.1 Landscape Demolition Plan (establishing parameter for removals and protect-inplace plantings)

3.2 Colored Preliminary Planting Plan (including imagery of proposed plant material)

3.3 Opinion of probable construction costs

3.4 Meetings as required

4.0 CONSTRUCTION DOCUMENTATION PHASE
Following approval of the Preliminary Phase, BGB will proceed with the Construction Documentation Phase. This phase consists of preparing documents for bidding and/or construction and includes the following:

4.1 Landscape Demolition Plan

4.2 Irrigation Plan and Details
Landscape Architectural Proposal- Seal Beach Tennis Center Page | 3

4.3 Planting Plan and Details

4.4 Landscape Technical Specifications and Bid Proposal Form. Boiler plate specifications shall be prepared by GPA.

4.5 Opinion of probable construction costs

4.6 In-house plan check

4.7 BGB will provide GPA with final PDF set for review and approval. Review comments will be updated accordingly.

5.0 BIDDING ADMINISTRATION PHASE

5.1 Respond to RFI’s and clarifications during the bidding phase

6.0 CONSTRUCTION SUPPORT PHASE

6.1 Provide periodic observation during construction as follows:
x Irrigation review with contractor to determine if intent of the drawings have been met.
x Landscape layout review prior to planting.
x Final walkthrough and review with contractor, owner representation and maintenance contractor.

7.0 FEES
The fee for Landscape Architectural services as outlined above will be performed on a fixed fee basis as outlined below.

Preliminary Design Phase:

Inventory / Research $ 340.

Base Sheet Preparation 690.

Preliminary Design Plan 1,120.

Construction Documentation Phase 2,480
Bidding Administration Phase incl.

Construction Support Phase 1,200
Reimbursables (allowance) 200.

Soils Analysis 300.

Total Project Fee: $ 6,330

8.0 LANDSCAPE ARCHITECTURAL SERVICES

Landscape Architectural Proposal- Seal Beach Tennis Center Page | 4

8.1 Standard of Care
The Landscape Architectural Services shall be performed with care and diligence in accordance with the professional standards appropriate for a project of the nature and scope of the Project.

8.2 Coordination
The Landscape Architect shall coordinate the services of its consultants and shall cooperate with the GPA’s representatives in the best interest of the project.

8.3 Supplemental Services
Supplemental Services are beyond the scope of the basic Scope of Services, and when requested in writing by the GPA, shall entail additional compensation (either on the hourly basis stated herein, or on the basis of a negotiated sum) beyond the compensation stated herein.

8.4 Approval of Services / Changes to Approved Services The Landscape Architect shall proceed with a phase or design package of the Landscape Architect’s services only after receiving the GPA’s acknowledgement of the services and deliverables provided in the previous phase and authorization to proceed with the next phase. Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of GPArequested changes to previously approved drawings or other documents, or because of GPA changes to precious budget parameters and/or Program descriptions.

8.5 Opinions of Probable Construction Costs, (OPC’s)
Opinions of probable construction costs provided by the Landscape Architect are based on the designer’s familiarity with the landscape construction industry and are provided to assist the GPA’s budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated.

Since the Landscape Architect has no control over the cost of labor, materials, equipment and/or the contractor’s methods of determining bid prices, accordingly, the Landscape Architect cannot guarantee that bids or actual costs will not vary from his opinion. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of the Agreement by the furnishing of opinions of probable construction costs. Should the GPA require further detailed cost information, it is recommended that the services of a professional cost estimator be procured.

8.6 Construction Safety
The presence of the Landscape Architect, its employees, or consultants at the Project site shall not be deemed an assumption by the Landscape Architect of any obligations, duties, or responsibilities for safety, including but not limited to construction means, methods, sequences, techniques, or procedures necessary Landscape Architectural Proposal- Seal Beach Tennis Center Page | 5
for performing, superintending, or coordinating the work of the Project in accordance with the Construction Documents or any regulatory health or safety requirements. The Landscape Architect, its employees, and consultants have no authority to exercise any control over any construction contractor, it’s employees, or subcontractors in connection with their work or health and safety programs and procedures.

9.0 LANDSCAPE ARCHITECT COMPENSATON

9.1 Compensation for Landscape Architectural services performed under this Agreement shall be a stipulated sum plus Reimbursable Expenses as defined herein, and is subject to the provisions of the Agreement. Supplemental Services, when requested in writing by the GPA, shall be compensated on an hourly basis at the rates provided in this section, or on the basis of a negotiated fee provided in an amendment to this Agreement. Hourly rates are good for the period of one year from this document date.

9.2 Hourly Rates:
x Principal In Charge $170.00/hour
x Project Manager $130.00/hour
x Senior CAD Operator $110.00/hour
x CAD Operator $95.00/hour
x Administrative Staff $75.00/hour

10.0 REIMBURSABLE EXPENSES

10.1 Reimbursable expenses are expenditures for the Project made by the Landscape Architect, its employees and consultants in the interest of the Project plus an administrative fee of 10%. Reimbursable expenses include but are not limited to the following:

x All reproduction costs. All printing done by a professional reprographics company, photographs, and mock-ups requested by the GPA. x Costs for scanning plans that are not available on compatible computer disks.
x All postage and handling charges, faxes, messenger and overnight delivery services.
x Services of professional consultants which cannot be quantified at the time of contracting (see Exclusions, below).
x All revisions to previously approved plans including base sheet information by others.
x All additional services requested by others above and in addition to the scope of work listed above, and other similar direct Project-related expenditures.

11.0 PAYMENT SCHEDULE

11.1 Monthly payments to the Landscape Architect shall be based on; 1) the percentage of the Scope of Services completed in accordance with the RFP Schedule of Services
Landscape Architectural Proposal- Seal Beach Tennis Center Page | 6

11.2 The Landscape Architect will invoice to the amounts denoted in the Fees section above. Payments are due and payable 30 days from the date of the Landscape Architect’s invoice.

12.0 INSURANCE

12.1 Upon acceptance of this proposal, BGB Design Group will provide proof of General Liability, Professional Liability and Automobile Insurance to the amounts required as requested by GPA.

13.0 EXCLUSIONS
Specifically excluded from the Landscape Architect’s services are the following items, which shall be provided by others if required:

13.1 Base data and information necessary for the execution of Landscape Architectural services including but not limited to the following:

x Locations of all existing utilities, easements, structures, paving, trees or other pertinent site information

13.2 Work outside that of the Landscape Architect’s expertise and scope of work.

This includes civil, mechanical, structural and electrical engineering services.

13.3 Additional services made necessary by contractor default.

13.4 All fees required for securing approval of agencies having jurisdiction over the project, (i.e., Plan Check Fees). The fees must be paid directly to the agency from GPA. All processing of plans shall be by GPA.

13.5 All inspections, out of office meetings, showroom or material yard meetings, or selecting plant materials at nursery locations prior to shipping to site.

We trust that our understanding of the above scope of services meets your expectations and appreciate the opportunity to be of service to GPA and look forward to working together if awarded this commission.

Respectfully,

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Agenda Item J

AGENDA STAFF REPORT
DATE: January 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Steve Myrter, P.E., Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc.
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7248:

1. Approving Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, Inc. to provide temporary staffing assistance in Public Works/Maintenance Services & Utilities; and,

2. Authorizing and directing the City Manager to execute Amendment No. 2.

BACKGROUND AND ANALYSIS:

On August 21, 2021, a professional services agreement (PSA) was executed with Interwest Consulting Group, Inc. (Interwest), which specializes in the short-term placement of public works consultants with technical expertise in city engineering and water/wastewater system operations for public agencies on an independent contractor basis. The initial PSA was approved for a not-to-exceed amount of $36,500 to provide temporary staffing needs through mid-October 2021.

Amendment No. 1 was approved at the October 24, 2021 City Council meeting to extend this temporary management staffing assistance in support of the Public Works Department’s maintenance and utilities divisions through the week of January 24, 2022, for an additional not-to-exceed agreement amount of $64,750.

With the position of the Deputy Public Works Director/Maintenance and Utilities currently vacant, staff now anticipates that temporary management staffing assistance will be required through May 2022. As such, staff requested that Interwest submit a letter proposal to provide these extended services through May 2022, for an additional not-to-exceed amount of $72,150.

Amendment No. 2 will allow for sufficient time to recruit for the vacant Deputy Public Works Director/Maintenance and Utilities position, as well as to ensure a smooth transition into the Public Works Department’s management team.

Page 2 ends

Seal Beach City CouncilJanuary 24, 2022

Seal Beach City Council
January 24, 2022