STAFFING PLAN/TEAM AVAILABILITY
Z&K Consultants, Inc. has first-hand experience on the expectations and requirements to make this Project a success. This is an important Project for the City and community. We understand the staff effort needed to complete this project on time and within budget. Based on previous projects, we have developed a unique staffing plan specific to the City’s Project. Our key personnel have all served together on previous projects. Our proposed staffing plan has been developed to have a cost well under industry standard. *Converse Consultants will provide Material Testing Services on an as-needed basis based on the requirements of the Project.
KEY PERSONNEL
The proposed key team members have extensive experience working with Public Agencies in similar assignments, including experience in dealing with public agency staff, City Councils, and Commissions. The key project team members have served public agencies in various capacities, are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We will provide turn-key services, be the single point of contact and responsible party representing the City.
Zack Faqih, PE, QSD/P, MSCE, CBO | Senior Construction Manager/Senior Project Manager (Over 17 Facility & Building Improvement Projects)
Mr. Faqih has more than 32 years of experience providing project management, construction management, and construction inspection in both private and public sectors. He has demonstrated expertise in all aspects of project and construction management through a wide range of responsibilities including constructability review, budget analysis, contract negotiations, schedule development and assessment, bid document review, project closure documentation, quality control, quality assurance. Mr. Faqih was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years.
Thomas Dawson, CBO, ICC Certified | Senior Building/Construction Inspector (Over 13 Facility & Building Improvement Projects) Mr. Dawson is multi-disciplined and has extensive Construction Management experience. He has over 28 years of experience. We understand that the City’s Project requires a more experienced inspector who can immediately resolve issues in the field. He creates great working relationships with City staff and the local community. Mr. Dawson will be available for site walks and meetings with the City. These will provide opportunities to discuss project specifics, issues, and propose solutions. Mr. Dawson will work closely with the residents and local community to respond to complaints and keep the City updated on Project progress. He will coordinate with local agencies which will be critical to the Project’s success. Mr. Dawson was the Deputy Building Official for the County of Orange for over 12 years.
Brittany Duhn, PE, QSD/P | Project Manager (Over 9 Facility & Building Improvement Projects) Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 9 facility and building improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation.
STAFFING CHART
Team Availability (%)* Building/Facility Improvement Projects Locker Room Amenities Kitchen Improvements Energy-Efficient Mechanical, Electrical, and Plumbing Equipment LED Lighting Renovated Multi-Purpose Building Demolition Construction Management Project Management Inspection Project Meetings Schedule & Budget Submittals & RFIs Materials & Compaction Public Relations Progress Payment & Change Orders Startup & Testing Close Out & Training Zack Faqih, PE, MSCE, QSD/P, CBO
Senior Construction Manager/Senior Project
Manager
60% ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü
Tom Dawson, CBO, ICC Cert.
Senior Building/Construction Inspector 100% ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Brittany Duhn, PE, QSD/P
Project Manager/Office Engineer 75% ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü
Mr. Faqih has over 32 years of experience providing resident engineering, construction management, construction inspection, project management, and contract administration services, and has provided services for over 17 building and facility improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation, sports fields and courts installation, block wall fencing installation, synthetic turf installation, grading, and ADA compliance ramps. Mr. Faqih has also served projects involving structural and masonry walls, stud wall construction, slab on grade foundation, and concrete construction and general commercial building construction. Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, and Funding Agencies. He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, managing multiple subconsultants and supervise inspection staff. Zack was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. He is a Civil Engineer, a Certified Building Official, and ICC Certified in all building trades.
Relevant Project Experience City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Senior Construction Manager/Project Manager: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings.
City of Lynwood: Yvonne Burke John Ham Park & Community Center, Lynwood, CA | Senior Construction Manager/Project Manager: Providing construction management agency services for this new 36,000 sf park and community center. The project included multipurpose rooms, exercise and wellness center, commercial kitchen, and a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project technical features include concrete walkways, ADA compliant curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation. Mr. Faqih provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals and the contractor’s progress pay estimates.
City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA | Senior Construction Manager/Project Manager: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas, park lighting, rubber surfacing, and concrete improvements. Mr. Faqih provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals.
City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA | Senior Construction Manager/Project Manager: This project is a $28M sports community park project for the City of Tustin. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, infrastructure improvement, drainage improvements, utility coordination, concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes a passive recreation area, fitness stations, concession/restroom/storage buildings, a large parking lot, slab on grade construction, retaining walls, outlet structures, outdoor seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, landscaping, and water features.
Zack Faqih, MSCE, PE, QSD/P, C.B.O.
Senior Construction Manager/Senior Project Manager
EDUCATION » MSCE - Structures
Cal State Fullerton 2005 » BSCE - Civil /Transportation Cal State LA 1985
LICENSES & REGISTRATION » Professional Engineer, P.E.
State of California, C57958
» Certified Accessibility
Inspector/Plans Examiner
» Certified Building Official » Certified Plans Examiner » Certified Mechanical Inspector
» Certified Plumbing Inspector » Certified Electrical Inspector » SWPPP (QSD) & (QSP) Certificate # 22055
» OSHA 30 Hour » State Certified HERS Rater » Certified Emergency Inspector » C.G.B.P Certified Green
Building Inspector
» Certified Special Inspector
for Fire Proofing
» Certified Special Inspector
for Structural Welding » Certified Special Inspector
for Structural Steel
» Certified Special Inspector
for Reinforced Concrete
Relevant Key Highlights:
§ Construction Inspection
§ Construction Management
§ Contract Administration
§ Utility Coordination
§ Labor Compliance Oversight
§ Public Outreach
§ Geotechnical & Materials Testing
§ Project Close-Out
§ Staff Augmentation
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ SWPPP/NPDES Compliance
§ Utility Coordination
§ Agency Coordination
§ CAL-OSHA Safety Compliance
§ Quality Control/Quality Assurance
§ Community Parks
§ Building Projects
§ Playground Equipment Installation
§ Lighting Systems
§ Electrical Systems
§ Concrete Improvements
§ Stormwater Chambers
§ Irrigation Systems
§ Landscaping
§ Site Furniture Installation
§ Exercise Equipment Installation
§ Basketball Court Installation
§ Block Wall Fencing
§ Synthetic Turf Installation
§ Grading
§ Erosion Control
§ ADA Compliant Ramps
§
Mr. Dawson has over 28 years of experience in public works and capital improvement projects, and has provided construction management, construction inspection, project management, and contract administration for over 13 facility and building park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Mr. Dawson has a thorough understanding of Cal-OSHA practices and procedures, ADA and Caltrans ADA requirements, as well as extensive knowledge of Caltrans construction practices. Additionally, Mr. Dawson is familiar with the Greenbook, Caltrans standard specifications, Caltrans standard plans and has worked on numerous projects within Caltrans ROW.
Tom was the Deputy Building Official for the County of Orange for over 12 years. He is a Certified Building Official and ICC certified in all building trades (Building Inspector, Structural/Electrical/Mechanical/ and Plumbing Certified Inspector.
Relevant Project Experience
City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Project Manager: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor.
City of Lynwood: Yvonne Burke John Ham Park & Community Center, Lynwood, CA | Senior Building/Construction Inspector: Providing construction management agency services for this new 36,000 sf park and community center. The project included multi-purpose rooms, exercise and wellness center, commercial kitchen, and a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project technical features include concrete walkways, ADA compliant curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation.
City of La Quinta: SilverRock Park Venue Site, La Quinta, CA | Senior Building/Construction Inspector: This project involved improvements to the 14-acre SilverRock Park Venue site, which includes eight acres of walking paths, synthetic turf, and landscaping, stage, art walk, and a 3,050-square-foot storage building. Construction work includes landscaping and irrigation, furnishing and installation of pump for lake, lighting installation, installation of electrical pull boxes, utility coordination, concrete and decomposed walkways, PCC paving, restroom building, ramp, railing, decorative pavers, drinking fountains and picnic areas, retaining walls, and construction of an outdoor theater with seating area. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor.
City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA | Senior Building/Construction Inspector: This project is a $28M sports community park project for the City of Tustin. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, concession/restroom/storage buildings, drainage, utility relocation, and concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes fitness stations, skate plaza, and a large parking lot, retaining walls, outlet structures, seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, and landscaping.
Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, participated in public outreach, assisted with progress pay estimates, and RFI and submittal reviews.
Thomas Dawson, CBO, ICC Certified
Senior Building/Construction Inspector
LICENSES & REGISTRATION
» International Code
Counsel Certifications » Building Plan Examiner
» California Commercial
» Combination Inspect/Legacy
» California Commercial
Plumbing Inspector » California Commercial
Mechanical Inspector » California Residential
Mechanical Inspector
» California Residential
Electrical Inspector
» California Residential
Plumbing Inspector
» Certified Building Official
» CLB License No. 674861
» OSHA 30 Hr.
Relevant Key Highlights:
§ Construction Inspection
§ Construction Management
§ Contract Administration
§ Utility Coordination
§ Labor Compliance Oversight
§ Public Outreach
§ Geotechnical & Materials Testing
§ Project Close-Out
§ Staff Augmentation
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ SWPPP/NPDES Compliance
§ Utility Coordination
§ Agency Coordination
§ CAL-OSHA Safety Compliance
§ Quality Control/Quality Assurance
§ Community Parks
§ Building Projects
§ Playground Equipment Installation
§ Lighting Systems
§ Electrical Systems
§ Concrete Improvements
§ Stormwater Chambers
§ Irrigation Systems
§ Landscaping
§ Site Furniture Installation
§ Exercise Equipment Installation
§ Basketball Court Installation
§ Block Wall Fencing
§ Synthetic Turf Installation
§ Grading
§ Erosion Control
§ ADA Compliant Ramps
Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 9 facility and building improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences.
Relevant Project Experience
City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Project Manager: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFIs and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies.
City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA | Project Manager: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas and picnic tables, park lighting, rubber surfacing, and concrete improvements. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFIs and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies.
City of San Bernardino: Playground Equipment Replacement for Six Parks, San Bernardino, CA | Project Manager: This series of playground improvement projects includes play structure replacements for six parks. Improvements included playground equipment removal & installation, and ADA concrete improvements. The project also includes landscaping and irrigation improvements, ADA improvements to parking lots, installation of picnic and barbecue areas, walkways, basketball court, and biking trails. Ms. Duhn scheduled and coordinated the preconstruction and construction meetings, assisted the contractor and City with community outreach and public relations efforts, monitored and reported on the status of the project construction budget, ensured that all prevailing wage requirements were met, reviewed the contractor’s requests for change orders and submitted recommendations to the City.
City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA | Project Manager: This project is a $28M sports community park project for the City of Tustin. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, infrastructure improvement, drainage improvements, utility coordination, concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes a passive recreation area, fitness stations, concession/restroom/storage buildings, a large parking lot, slab on grade construction, retaining walls, outlet structures, outdoor seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, landscaping, and water features.
Brittany Duhn, PE, QSD/P
Project Manager
EDUCATION » BSCE – Civil Engineering
California State Polytechnic
University, Pomona
LICENSES & REGISTRATION » Professional Engineer, P.E.
State of California (#91078)
» OSHA 30 Hour Training
» QSD & QSP Certification
(#27609)
Relevant Key Highlights:
§ Construction Inspection
§ Construction Management
§ Contract Administration
§ Utility Coordination
§ Labor Compliance Oversight
§ Public Outreach
§ Geotechnical & Materials Testing
§ Project Close-Out
§ Staff Augmentation
§ Project Management
§ Constructability Reviews
§ Value Engineering
§ SWPPP/NPDES Compliance
§ Utility Coordination
§ Agency Coordination
§ CAL-OSHA Safety Compliance
§ Quality Control/Quality Assurance
§ Community Parks
§ Building Projects
§ Playground Equipment Installation
§ Lighting Systems
§ Electrical Systems
§ Concrete Improvements
§ Stormwater Chambers
§ Irrigation Systems
§ Landscaping
§ Site Furniture Installation
§ Exercise Equipment Installation
§ Basketball Court Installation
§ Block Wall Fencing
§ Synthetic Turf Installation
§ Grading
§ Erosion Control
§ ADA Compliant Ramps
UNDERSTANDING/APPROACH
We understand the FY2022-2023 carryover FY2021-22 Budget and goal spending for this project is $2,316,000. Our team and Project Manager excels in bringing projects from 90% design to construction. Our in-house architects and structural and MEP designers will also perform a full constructability review (in addition to our CM team) and are a strong resource for our CM team.
Our team has worked on facility projects in similar capacity and constructability reviews are a great strength. Our team has performed a site visit, preliminary constructability review, and provided a Risk Management Log below. The team proposed on this project have over 25 years of experience in construction management and construction inspection. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project. Z&K’s past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines.
We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead construction management and construction costs. The most significant saving is less inconvenience to the traveling public and less City exposure due to shortened construction duration. This will help extend excess project funds into other important projects.
PROJECT MANAGEMENT – 90% DESIGN PHASE
Our team is excited to be brought on at 90% design phase. Our firm is very experienced providing project management services. Our team provides program and project management to numerous agencies throughout Southern California and is very experienced in all of the project life cycles. Our team of Professional Engineers currently manage over 80 projects combined as staff augmentation to multiple agencies. We understand not only construction, but how to work with designers and architects as an extension of City staff. Our Project Manager, Brittany Duhn, PE who is a licensed Professional Engineer has provided project management for Cities and managed over 12 projects at a time providing staff augmentation and has managed over 50 city projects over the last 3 years. She is an expert at technical review of buildings and tenant improvement projects and park and facility projects. She is known to push projects through, provide comprehensive constructability and cost savings options, and provide excellent final plans and specifications for bidding and construction. She is very thorough and ensures that the project plans and specifications are clear and inclusive, and do not leave gray areas for contractors to capitalize on.
The constructability review at the 90% design will be crucial to the project success. A thorough constructability review of the improvements and the project specifications will be central to construction running smoothly. Z&K will have our proposed CM team, made up of licensed Professional Engineers and certified building officials, certified plan examiners, and certified building/structural/mechanical/electrical and plumbing inspectors perform the constructability review. In addition to the CM teams review, we will have our in-house architects and structural and MEP designers perform a thorough constructability review.
Since our team will have the opportunity to be brought on during the 90%, we have had a lot of success with pre-purchasing long lead item materials on our projects. We work with the architect to identify the crucial long lead items and procure these items around the 90% design. Some examples of the long lead items are the fire alarm, high performance sports lighting, mechanical equipment, etc.
This helps architects since they will be able to review the long lead item submittals prior to construction and will not be bombarded with all submittals at once. This also helps the project budget because the City avoids mark up on these items. The contractor also does not have to build in the risk of guaranteeing the price of the items for longer than the 30 days that vendors quote, so it provides less risk to the contractor and a better priced bid.
Since we are brought on at the 90%, we have the opportunity to employ bidding strategies. In the current bidding environment, we have noticed that bids have been coming in significantly higher than the engineer’s estimate.
This creates problems and delays since the project funding was based on the engineer’s estimate. Due to the current bidding environment, the engineer’s estimate becomes outdated quickly. We have many options for addressing this. Z&K will thoroughly analyze the engineer’s estimate at 90% design and 100% design. Z&K has in-house designers in addition to our strong construction management team that are very familiar with cost estimating and the current bidding environment. We will also discuss bidding strategies with the City to help mitigate the effects of the bidding environment. Z&K provides program and project management for many agencies and have created great bidding strategies to keep the bids within budget.
This project originated from
a desire from the
community. We understand
the importance of
community outreach and
involvement and have hand
selected our A-team that
specifically excel not only in
the technical building and
site improvements, but that
also in public relations.
MANAGEMENT APPROACH
Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, and the construction management team. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project.
TIME MANAGEMENT
Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy and constructability. The schedule logic and activity durations will also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor.
Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progress will be documented daily. The Z&K Team will review the progress with the Contractor at the weekly meetings. The Contractor’s three-weeklook-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion.
COST MANAGEMENT
Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K’s cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costsfor changes will be managed by the Z&K construction management team. An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting.
FUNDING MANAGEMENT
Z&K will ensure that the City has all necessary information to comply with the funding requirements. Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits.
QUALITY MANAGEMENT
Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting.
An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly.
Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
INFORMATION MANAGEMENT
Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K, as CM, will act as the hub for the management of all information flow. Z&K has extensive experience providing document management
solutions for its clients. Z&K’s approach to information management also includes building a communication
framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders.
The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained.
CODES & PROCEDURES MANAGEMENT
Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project.
Some of the requirements are as follows:
Project Construction Documents
City Standards and Design Manuals
California Building Code
California Plumbing Code
California Mechanical Code
California Electrical Code
California Building Energy Efficiency Standards
Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
California Fire Code
California Residential Code
California Green Building Code
California Disabled Regulations
City Codes & Ordinances
City Grading Code & Manual
APWA “Greenbook” Standard Specifications for Public
Works Construction
Caltrans Standards, Specifications, and Procedures
Caltrans Construction Manual
Caltrans Safety Manual
OSHA Construction Safety Orders
10/30-hr OSHA Training Certifications
Local Assistance Procedures Manual (LAPM)
State and Federal Building Codes (Site
Accessibility)
County Procedures and Guidelines
Work Area Traffic Control Handbook (WATCH)
Manual
Manual of Uniform Traffic Control Devices
(MUTCD)
Project Safety Plan (PSP)
Site Health and Safety Plan
Activity Hazard Analysis (AHA)
RISK MANAGEMENT LOG
Based on a comprehensive review of the project documents, Z&K has identified the following potential risks.
ID Risk
Impact
Occurrence
Probability Risk Description Risk Area Response Strategy 1 High High Pre-Purchasing
Materials
Schedule &
Budget
Since our team will have the opportunity to be brought on during the 90%, we have had a lot of success with pre-purchasing long lead item materials on our projects. We work with the architect to identify the crucial long lead items and procure these items around the 90% design. This helps architects since they will be able to review the long lead item submittals prior to construction and will not be bombarded with all submittals at once. This also helps the project budget because the City avoids mark up on these items. The contractor also does not have to build in the risk of guaranteeing the price of the items for longer than the 30 days that vendors quote, so it provides less risk to the contractor and a better priced bid. 2 High High Constructability
Review Budget
The constructability review at the 90% design will be crucial to the project success. A thorough constructability review of the improvements and the project specifications will be central to construction running smoothly.
Z&K will have our proposed CM team, made up of licensed Professional Engineers and certified building officials, certified plan examiners, and certified building/structural/mechanical/electrical and plumbing inspectors perform the constructability review. In addition to the CM teams review, we will have our in-house architects and structural and MEP designers perform a thorough constructability review. 3 High High
Engineer’s
Estimate
Accuracy
Budget
In the current bidding environment, we have noticed that bids have been coming in significantly higher than the engineer’s estimate. This creates problems and delays since the project funding was based on the engineer’s estimate. Due to the current bidding environment, the engineer’s estimate becomes outdated quickly. We have many options for addressing this. Z&K will thoroughly analyze the engineer’s estimate at 90% design and 100% design. Z&K has in-house designers in addition to our strong construction management team that are very familiar with cost estimating and the current bidding environment. We will also discuss bidding strategies with the City to help mitigate the effects of the bidding environment. Z&K provides program and project management for many agencies and have created great bidding strategies to keep the bids within budget. 4 High High
Administrative
Notice to
Proceed for
Long Lead
Items
Schedule &
Budget
Z&K has success on recent projects issuing an Administrative Notice to Proceed for the Contractor to begin on submittals for long lead items while the PWA is being drafted and executed. We will ensure the contractor begins process to order/procure possible long lead items or items that require coordination such as the fire alarm, high performance sports lighting, mechanical equipment, etc. Long lead item procurement is essential to project schedule as the industry has been heavily impacted by material shortages.
High High
California
Building Code
and
Multidisciplined
Inspection
Budget
This project requires a multidisciplined team for the numerous types of specialty inspection. We have proposed a Senior Project Manager/Senior Construction Manager that is a licensed Professional Engineer, Certified Building Official, Certified structural/mechanical/electrical/ and plumbing inspector and plan examiner and has worked for public agencies as their Deputy Building Official for many years. Our proposed Senior Building/Construction Inspector is a Certified Building Official and certified structural/mechanical/electrical/ and plumbing inspector and plan examiner and has also worked for agencies as their Deputy Building Official. Both are multidisciplined and experts of the California Building Code. This team will ensure that the construction is built correctly and will coordinate with the City’s building department for required inspections. 5 High High Nearby
Residents and
Safety &
Community
Outreach
Due to the project’s proximity to existing residences, Z&K will provide a robust community outreach prior to the start of construction that will inform both the residents in the vicinity of the project and commercial properties in the vicinity of the project the proposed start dates and completion dates of the project. The City and Z&K
Commercial
Properties
should coordinate a pre-construction workshop to be held at the park on a Saturday to provide the residents an opportunity to meet the construction management team and provide them with information on construction activities that may impact the local residents.
6 High Medium
Public Safety &
Concurrent
Occupancy
Safety
Z&K has worked on numerous building and facility improvement projects that have remained operational during the improvements. This adds a layer of required expertise to ensure that the safety of the public. Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. Z&K will review the contractor’s safety program for compliance with Cal/OSHA.
3 High High
Public Outreach
& Weekly
Newsletter
Safety &
Public
Inconvenience
Z&K will provide concierge-level service to the community and residents. Ongoing contact and communication with local residents and business impacted by construction activity is crucial. This will include notification prior to the commencement of construction and throughout the entire process. Outreach will not be limited to minimum City requirements but will be a daily ongoing pursuit. Z&K provides the City with a Weekly News Letter including construction activities performed the week prior, construction activities scheduled for the week after, and all important project progress and updates. We have included an example of our firms Weekly Newsletters in Appendix A.
2 High High Agency
Coordination
Schedule &
Budget
Our Team will ensure that all agencies affected by this Project are invited to the pre-construction conference and informed of the Project schedule and progress. Z&K will ensure that the Project complies with all permit requirements and environmental mitigation measures.
3 High High Utility
Coordination
Schedule &
Budget
It is critical to ensure that all coordination with utilities that may conflict with the new improvements is completed prior to starting construction. If this is not possible, the contractor must demonstrate that all utility relocation is coordinated and incorporated into the base line schedule. The contractor must verify all existing utilities are per plans. The contractor must start potholing as the first construction activity. If the contractor hits a utility, they will not be able to claim that the City is liable for the cost of repairs. 4 High High Change Orders Schedule &
Budget
To assist in controlling cost, Z&K will conduct a pre-construction site walk with City staff members to identify areas that could potentially result in unanticipated costs. During construction, Z&K will conduct site visits with City staff, as needed, to minimize change orders and cost increases. Z&K will closely monitor the work and proactively manage the change order process. We will identify potential change orders early and proactively develop solutions.
6 High Medium
Weekend
Work/Overtime
Requested by
Contractor
Budget
All overtime shall be approved by the City prior to the commencement of work and all associated costs for inspection/construction management shall be at the expense of the contractor. This item shall be included as a discussion item in the pre-construction conference. Due to unforeseen issues when scheduling manpower and materials, it may be necessary for the contractor to work evenings or weekends. This provision is important to minimize any additional costs to the City for the benefit of the contractor. 10 Medium Medium Demolition
Safety &
Public
Inconvenience
Our inspector will work with the City staff to coordinate the removal and retention of the items that the City will retain. The inspector will track the demolition and removal of the existing locker room.
SCOPE OF WORK
Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K proactively serves as the project’s administrator and provides consistent coordination between all project stakeholders including the City, Design Engineer, and selected construction contractor and subcontractors.
Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City of Seal Beach’s Tennis Center Improvement Project. Z&K acknowledges our ability to meet potential project requirements listed under the scope of services.
The Z&K Team, at a minimum, will perform the following services:
1. CONSTRUCTION MANAGEMENT AND PROJECT MANAGEMENT
The Z&K team has the knowledge, skill, and experience to ensure that all project services required for this contract are coordinated and delivered in accordance with the plans and specifications. Z&K has carefully selected this "A-Team" of and committed our most qualified staff for the duration of the contract to deliver a successful project. The assigned Z&K Construction/Building Inspector and Senior Construction Manager/Project Manager are committed to provide their services at all times required by the contract. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspectors are on site daily to observe construction operations and materials and compare them with the project plans and specifications.
2. INSPECTION
Z&K Inspectors have experience providing inspection services for numerous capital improvement projects, building/facility improvements, park renovation, irrigation systems, landscaping, playground equipment, synthetic turf installation, lighting, grading, erosion control, storm water chambers, storm drain construction, ADA compliance ramps, structural and masonry walls, stud wall construction, slab on grade foundation, and different types of concrete construction and general commercial building construction, and are well aware of how important project quality control is to the overall success of a project.
Throughout the project, the inspectors will review contract documents, plans, and permits. Inspectors will monitor and enforce construction noticing requirements. The Z&K Inspectors will use their expertise to provide field conflict resolutions. The Inspectors’ primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by regulatory and environmental agencies. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input.
Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations that this contract may require. Inspectors will verify that all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes. Inspectors will meet with the project design team and City staff to work out any issues and resolve them quickly and efficiently. Z&K proposed staff will complete daily reports, including equipment, crews/personnel, and photos (before, during and after construction). The Resident Engineer will review the inspectors’ daily reports and provide copies to the City upon project completion.
The Z&K proposed staff will complete and maintain field file bound workbooks including daily, weekly, and monthly reports logging any working day reports, change order documentation, equipment on site, crews/personnel, and photographs (before, during and after construction). A monthly Resident Engineer progress report will include an overview of work accomplished during the previous month, an overview of work to be accomplished the following month, an updated schedule (based on the Contractor’s schedule of values), a list of problem areas, if any, and proposed corrective actions, and a bar graph comparing the monthly and cumulative invoiced amounts with the total authorized CM budget. These reports will be submitted via email and/or hardcopy.
Z&K Inspectors will enforce all of the City’s National Pollutant Discharge Elimination System permits, as well as all water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. The Contractor will be required to file a Notice of Intent (NOI) with the SWRCB and to develop a SWPPP. We will monitor the contractor for compliance and confirm that required sampling takes place during rain events and required reports are filed into SMARTS. We will review the contractor’s compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the document to the SMARTS system, obtaining a WDID number, and the implementation of the plan.
Z&K Inspectors will monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. All Z&K staff will observe construction safety, public safety, and convenience.
The Team will develop and maintain construction punch lists and coordinate the completion and correction of the punch list items with the Contractor. Z&K will prepare the final punch list when the Contractor has certified that the work is substantially complete.
Z&K inspectors will coordinate and closely monitor all geotechnical and material testing, compaction testing, and any specialty inspection required throughout the project. Z&K will ensure that proof of all specialty certifications and licenses are on file and that they are all valid and unexpired. Z&K will periodically review all specialty certifications and licenses to ensure that they remain valid throughout the duration of the project. Z&K Inspectors will work to ensure all required testing and specialty inspection is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents.
Z&K inspectors will provide photograph and video of pre-work and post-work conditions, in addition to daily as part of their daily reporting during construction. At the end of the project, Z&K will provide one complete set of construction digital photographs of all scope of work and critical items throughout the duration of the project. This set will include all photos and video footage from preconstruction, during construction and post-construction. Z&K will keep a constant line of communication open with the City and will report to the City’s project manager daily via email and or text message.
3. MEETINGS
Z&K will schedule, coordinate, and conduct a pre-construction conference with the City, affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor’s responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees. Z&K will establish coordination and a line of communication to be used among participants throughout the project. Z&K will document all necessary communications throughout the project and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings.
Z&K will schedule, coordinate, and conduct weekly construction meetings with City representatives, contractors, and other agencies related to the project. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. We also ensure the trades, and the Contractor are always safety conscious in everything they do in the Project.
Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. The Inspectors will attend the Contractor’s Safety Meetings and promote safety throughout the life of our contract. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City.
4. SCHEDULE & BUDGET
The Z&K Team will maintain a master project schedule to include all completed and scheduled construction work. Z&K will regularly update this schedule to reflect construction progress and provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on any other pertinent project information affecting the construction schedule. This update will show current conditions and revisions required by actual progress. The monthly progress billing will be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the
Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values.
This process ensures the Owner is accurately billed for the completed work monthly. Z&K will approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time.
Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K will track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor and Z&K will proactively manage the change order process. The monthly progress billing will be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values.
This process ensures the Owner is accurately billed for the completed work on a monthly basis.
5. SUBMITTALS & RFIS
As part of its Quality Assurance program, Z&K will coordinate and ensure prompt processing and an efficient turnaround time for contractor requests for interpretation (RFIs) of the plans and/or specifications to ensure that the project is kept on schedule. Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as RFIs, RFCs, shop drawing submittals, contract schedule adjustments, change orders, payment requests, etc.). The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program. Z&K will log, track, manage the distribution, and ensure timely review of all RFIs.
Our staff has extensive document management and filing experience. Our team knows that a complete record of the project must include a full set of all correspondence to and from the contractor, as well as all other contract documents related to the construction of the project, will be documented and transmitted to the City. Z&K will coordinate preparation of the as-built plans with the Design Engineer. The drawings will include CADD files and printed mylars. We will manage the Design Engineer’s performance on the as-built drawings and check the record drawings prior to transferring to the City. Z&K will create redlines on as-built drawings and coordinate the as-built plans with the Design Engineer. We will manage the Design Engineer’s performance on the as-built drawings and check the record drawings prior to transferring to the City. Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warranties, and documentation provided to the City.
6. MATERIALS & COMPACTION
Z&K will be responsible for coordinating and supervising the geotechnical and materials testing program to ensure all required testing is performed with the required frequencies and documented properly. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents. Our Team will be responsible for supervising and coordinating the materials testing program to ensure all required testing is performed with the required frequencies and documented.
7. PUBLIC RELATIONS
Z&K will assist the City in providing concierge-level services to impacted residents as it relates to their access into and out of their property, noise, dust, and general disruption to the neighborhood. Z&K will form and maintain good relations with residents and businesses in surrounding neighborhood by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team will establish and manage a construction 24-hour hotline (toll free number), website, and email address for project stakeholders, property owners, interested parties, and the public to call with construction issues and concerns. All calls and public complaints will be documented and investigated, and a monthly report will be provided to the City.
Z&K will assist the City in forming and maintaining good relations with residents and businesses in surrounding neighborhood by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team will establish and manage a construction 24-hour hotline (toll free number), website, and email address for project stakeholders, property owners, interested parties, and the general public to call with construction issues and concerns. All calls and public complaints will be documented and investigated, and a monthly report will be provided to the City. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. Additionally, Z&K will develop a neighborhood affairs strategy for any property owners, businesses, and the general public that will be affected. This will include the preparation and distribution of information materials for the affected public, including fact sheets and project updates.
8. PROGRESS PAYMENTS & CHANGE ORDERS
The Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City’s standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractor’s payments are processed, provide recommendations, and ensure they are executed promptly by the contract documents and City’s
procedures. Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format and forms required by the City. The pay requests will be submitted to the City with a statement that they have been reviewed. Z&K will keep accounts of all pay requests including amounts retained, dates submitted, dates paid, actual payments, changes in contract amounts, and any other pertinent information.
Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first-line management of CCO administration including review and evaluation of CCO requests; independent estimates; project mitigation such as possible alternatives and negotiation as the City’s advocate; written approval from the City’s Construction Manager prior to approval of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in support, and recommendation for resolution, of claims and disputes; and verification of costs.
The Team will perform on-going review throughout the project to avoid any potential claims. If claims arise, the Team will work with the City and Contractor to find the best solution to resolve any claims in a timely manner. The Z&K Construction Manager and Inspection staff bring a detailed understanding of the City processes for administering Contract Change Orders per City’s standards & procedures. We will work closely under the direction of the City’s Construction Manager with the contractor to verify that change orders are processed and executed promptly by the contract documents and City’s procedures.
Inspectors will verify all work performed under time and materials, including equipment, contractor crew, and field measurements quantities.
9. STARTUP AND TESTING
Our Construction Manager will take a proactive approach at processing close-out documentation by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. Z&K will verify the completion of the final punch list when the contractor has certified and demonstrated the work is substantially complete. Upon completion of the project and all items on the final punch-list (including all warranties, guarantees, and operation and maintenance manuals, in addition to subcontractor liens, retention, and final acceptance/certificates of completion), Z&K will provide the City with both hard and electronic copies of project documentation. Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant.
Upon completion of the project and following the final inspection and walkthrough, Z&K will provide the City with both hard and electronic copies of project documentation, including a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will also provide the City with necessary data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices, certification of delivery of record drawings.
10. CLOSE-OUT & TRAINING
Z&K will also issue the City a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion should be filed. Z&K will also provide the City with data needed for acceptance of the project, such as release of retention, certification of release of all liens and stop notices, certification of delivery of record drawings.
Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant, and applicable agencies. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer.
Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially completed.
Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete. Our Resident Engineer will take a proactive approach at processing close-out documentation including completion of final punch list items, guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings.
REFERENCES
City of Costa Mesa
Jack Hammett Sports Complex Improvement Project
Construction Management & Inspection Services (Prime)
Project Completed On-Time and Within Budget
Nazila Mokarram, PE, Principal Civil Engineer
77 Fair Drive, Costa Mesa, CA 92626
[email protected] | 714.754.5000
Construction Value: $2.2M | Dates: November 2021 – August 2022 City of Lake Forest
Arbor Mini Parks, Vintage and Sundowner Parks, Borrego Overlook, Regency, and Rancho Serrano Parks Construction Management & Inspection Services
Projects Completed On-Time and Within Budget
Doug Erdman, Engineering Manager / Assistant City Engineer 100 Civic Center Drive, Lake Forest, CA 92630
[email protected] | 949.282.5233
Construction Value: $2.6M | Dates: September 2021 – Ongoing City of San Bernardino
Playground Equipment Replacement for Six (6) Parks, Splash Pads for Four (4) Parks, & Seccombe Lake Park and Perris Hills Park
Construction Management & Inspection Services
Projects Completed On-Time and Within Budget
Nadeem Syed, Project Manager
290 N D St, San Bernardino, CA 92401
[email protected] | 760.668.6371
Construction Value: $1.7M | Dates: June 2021 – Ongoing
Z&K Consultants, Inc. | www.zandkconsultants.com | 951.310.7470 August 17, 2022
Denice Bailey, Project Manager
City of Seal Beach, Public Works Department
11 Eighth Street, Seal Beach, CA 90740
Subject: Request for Proposals (RFP) for Tennis Center Improvement Project (BG2105) – Construction Management & Inspection Services
Dear Ms. Bailey,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Tennis Center Improvement Project (BG2105) – Construction Management & Inspection Services. Our not-to-exceed total lump sum fee for Construction Management and Inspection Services is $220,971.50.
Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included.
All insurance will be in force at the time of contract execution.
Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management and Inspection services and will provide “turn-key” Construction Management and Inspection services for the City of Seal Beach Tennis Center Improvement Project.
Below is a table with the hourly rate schedule:
Z&K Consultants, Inc Hourly Rates:
Senior Construction Manager/Senior Project Manager................................................................................$157.00 Senior Building/Construction Inspector ........................................................................................................$146.00 Project Manager.............................................................................................................................................$138.00 I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days.
We are excited about this opportunity to serve the City of Seal Beach and are committed to the successful completion the City’s important project.
Sincerely,
Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
Z&K Consultants, Inc | 473 E Carnegie Drive, San Bernardino, CA 92408 | www.zandkconsultants.com
NOT-TO-EXCEED FEE SCHEDULE
The not-to-exceed fee amount is based on six (6) months plus the 90% Design Phase constructability review to construction support. Any additional services needed beyond the contract scope of work shall require prior approval from the City. This Fee Proposal assumes 12% for the Senior Construction Manager/Senior Project Manager, 100% for the Senior Building/Construction Inspector, and 12% for the Project Manager during construction.
REQUEST FOR PROPOSALS (RFP) FOR TENNIS CENTER IMPROVEMENT PROJECT (BG2105)
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
FEE PROPOSAL
Task/ Classification
Senior
Construction
Manager/ Senior
Project Manager
(Hrs)
Senior Building/
Construction
Inspector
(Hrs)
Project
Manager
(Hrs)
Converse
Consultants Total Hours Total Cost
HOURLY RATE $157 $146 $138 - -
90% Design Phase (Review of 90%, Review of
100%, Review of Bid Ready Set, Constructability,
Value Engineering, Bid Support, Coordination)
40 20 90 0 150 $21,620.00
Pre-Construction Services 2 2 6 0 10 $1,434.00
Construction Management & Administration
(Meetings, Schedule & Budget, Submittals & RFIs,
Public Relation, Progress Payments & Change
Orders)
128 0 120 0 248 $36,577.50
Construction Inspection & Reporting (Inspection,
Startup and Testing, Public Relations) 0 1008 0 0 1008 $147,168.00 Materials & Compaction 0 0 0 $9,000.00 9000 $9,000.00
Project Closeout & Training (Optional, Not
Included in Total Cost) 4 16 16 0 36 $5,172.00
TOTALS $27,239.50 $152,716.00 $32,016.00 $9,000.00 10301.5 $220,971.50 Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements.
EXCEPTIONS
Z&K Consultants, Inc. does not have any exceptions or deviations from any portion of the RFP and/or City’s standard agreement.
BUSINESS ENTITY
Z&K Consultants, Inc. is a California C Corporation.
CONTRACT SIGNATORIES
The two (2) binding signatories for Z&K Consultants, Inc. are as follows:
Crystal Fraire, PE, President | Z&K Consultants, Inc. Zack Faqih, PE, Vice-President | Z&K Consultants, Inc.
APPENDIX A
EXAMPLE DOCUMENTS
WEEKLY NEWSLETTER
INSPECTORS DAILY REPORT
EMPLOYEE INTERVIEW FORM WEEKLY STATEMENT MONTHLY QUANTITY
OF WORKING DAYS SHEET
CONTRACT CHANGE ORDERS
EXHIBIT C OF PSA
Request for Proposal
Tennis Center Improvement Project (BG2105) –
Construction Management & Inspection Services
(July 14, 2022)
City of Seal Beach
Request for Proposals
for
Tennis Center Improvement Project (BG2105) -
Construction Management & Inspection Services
RFP responses to be received until
2:00 P.M., August 8, 2022
in the Public Works Department
ATTN: Denice Bailey, Project Engineer
Approved for Advertising:
Iris Lee
City Engineer
Date Issued: July 14, 2022
2 Table of Contents
I. INTRODUCTION
II. QUALIFICATIONS
III. SCOPE OF SERVICES
IV. PRE-PROPOSAL QUESTIONS
V. SCHEDULE
VI. SUBMITTAL REQUIREMENTS
VII. FEE & COST PROPOSAL
VIII. INTERVIEW
IX. SELECTION PROCESS
X. GENERAL CONDITIONS
EXHIBIT A – Tennis Center Improvement Project – 60% Design Plans EXHIBIT B – Sample Professional Services Agreement
3 REQUEST FOR PROPOSALS FOR
TENNIS CENTER IMPROVEMENT PROJECT (BG2105)
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
ALL INTERESTED PARTIES MUST REGISTER BY EMAILING [email protected].
COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED.
I. INTRODUCTION
The City of Seal Beach (“City”) owns and operates the Seal Beach Tennis & Pickleball Center Facility located at 3900 Lampson Avenue, in the City of Seal Beach. The City’s Tennis and Pickleball Center Facility is comprised of three (3) general buildings – the clubhouse, the locker/workout room, and the multi-purpose room. The 2011 Citywide Facility Condition Assessment identified these 1970’s buildings to be in poor condition with deficiencies including seismic retrofits, kitchen upgrades to comply with health department requirements, fire safety upgrades, waterproofing, and structural enhancements.
The City has retained Gills + Panichapan Architects, Inc. to design facility improvement plans. The design is based on meeting the functionality of a community gathering space, providing locker room amenities, and optimizing the use of the clubhouse. Features will include:
• Locker rooms with amenities including showers, restrooms, day-use lockers, and changing space. • A kitchen to serve daily users and/or a warming/catering area for events. • A sliding glass door system.
• Energy-efficient mechanical, electrical, and plumbing equipment.
The design also includes the following site upgrades:
• Upgrade court light to LED lighting.
• New LED lights to courts without lighting.
• Renovated multi-purpose building.
• Demolition of the existing locker room.
An excerpt of the 60% design plans is included for reference as Exhibit A.
Estimated construction value is at $1.8 million. Active construction duration is currently estimated at eleven (12) months. Construction is anticipated to start November 2022 and be completed by November 2023. The Facility will remain fully operational during construction.
The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for this design-bid-build Project improvements. 4 II. QUALIFICATIONS
Minimum Qualifications
• Valid California license and/or certification for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar facility improvement settings. • Knowledge and experience working in on tenant improvement building projects. • Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references.
Desirable Qualifications
• Knowledge and experience with the City of Seal Beach’s standards, provisions, and practices. • Adequate availability of key team members.
• Proficiency with applicable regulatory agencies’ rules and regulations.
III. SCOPE OF SERVICES
The following is an envisioned approach but is subject to change based on the Consultant’s project understanding and recommended approach.
1. Construction Management and Project Management – Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include constructability review, value engineering, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work.
2. Inspection – Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. This will include coordinating and providing any necessary specialty/deputy inspection needs. There may be occasions where work may take place outside of normal working hours to accommodate construction and operational needs.
3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting.
4. Schedule & Budget – Ensure on-time and within budget project delivery. This will include regular schedule updates and budget reports.
5 5. Submittals & RFI’s – Coordinate review and response to RFI’s with design consultant, as necessary. Evaluate merit of any potential claims.
6. Materials & Compaction – Provide necessary materials, compaction, and specialty testing.
7. Public Relations – Coordinate construction notifications, proactively respond to public inquires and possibly conduct/facilitate public outreach workshops.
8. Progress Payments & Change Orders – Coordinate and validate contractor change orders and monthly progress payments.
9. Startup and Testing– Coordinate testing and commissioning activities.
10. Close Out & Training – Coordinate and review all construction closeout documentation with warranties. Ensure end-users are properly trained prior to demobilization.
IV. PRE-PROPOSAL QUESTIONS
For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:
Denice Bailey, Project Engineer
City of Seal Beach – Public Works Department
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1328
The City will respond to all questions and requests for clarification received by August 4, 2022.
V. SCHEDULE
The following dates reflect the anticipated schedule:
▪ Request for Proposal Solicitation 07/14/2022
▪ Pre-Proposal Question Deadline 08/1/2022
▪ Proposal Submittal Deadline 08/8/2022, 2:00p.m.
▪ Consultant Interview (if conducted) August 2022
▪ Contract Award by City Council September 2022
▪ Notice to Proceed September 2022
6 VI. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on August 8, 2022 to the following. Postmarks will not be accepted.
Denice Bailey
Project Engineer
City of Seal Beach – Public Works Department
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1328
Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant’s Proposal.
Proposals received after the date and time listed above will not be accepted or considered for this Project.
There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded.
The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Consultant.
All property rights, including publication rights of all reports produced by the selected Consultant in connection with services performed under this Agreement shall be vested in the City.
Information to be Submitted
The following information shall be provided, at a minimum:
o Cover Letter
o Table of Contents
o Company Qualifications
o Local Staffing List
o Understanding/Approach
o
o References
o Fee & Cost Proposal
Exceptions
Business Entity
Contract Signatories
o
Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm’s authorized representative regarding this RFP.
Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.
7 Company Qualifications: Provide a summary of the Consultant’s qualifications, including background and experience.
Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant’s firm and the Consultant’s project manager.
Understanding/Approach: Describe the Consultant’s understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project.
Any task assumptions and/or exclusions shall be clearly identified.
References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum:
• Agency name
• Scope of work and/or services provided, prime/sub-Consultant. • Project outcome
• Construction and/or contract value
• Dates
• Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as “Tennis Center Improvement Project – Construction Management and Inspection Services Proposal”. The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP.
Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly.
Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City’s standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.
Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation).
Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.
VII. FEE & COST PROPOSAL
In preparing the Fee & Cost Proposal for this project, the Consultant shall take into consideration the following:
8 1. Unless specially noted, compensation for any services provided will be on a time-and-materials.
2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal.
3. The Consultant’s standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-Consultants. Any anticipated fee adjustments shall be clearly noted.
4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary.
VIII. INTERVIEW
Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant’s team may be requested to present the teams’ and their qualifications at an interview.
IX. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.
The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.
POTENTIAL EVALUATION CRITERIA
1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.
2. Qualifications & Experience (40 points)
a. Local Presence - A statement addressing firm’s ability to effectively conduct the Work for the City based on the Firm’s location.
b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub-Consultants to perform the work.
c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d. Experience/knowledge of the California Building Code and various regulatory permitting 9 agencies.
e. Familiarity with City standards and practices.
3. Organization & Approach (55 points)
a. Consultant’s understanding of requested Work and proposed scope of work. b. Consultant’s project team and quality of key individuals. Availability and allocation of key individuals.
c. Consultant’s understanding of the nature of public sector work and its decision-making process.
d. Proposed schedule and hours. Description of project management and cost control mechanism.
4. Conformity (5 points)
a. Quality, clarity, and responsiveness to RFP.
b. Conformity to the sample PSA.
The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.
All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.
During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business.
Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations.
X. GENERAL CONDITIONS
A. Signature
The Letter Proposal shall be signed by an individual authorized to bind the Consultant.
B. Other Considerations:
The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.
The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP.
C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov.
10 D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.
Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720.
In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771.”
E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or Subconsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
The Department of Industrial Relations Registration Number shall be listed for the Consultant and each Subconsultant, if any, in the proposal.
July 26, 2022 Addendum No. 1
TENNIS CENTER IMPROVEMENT PROJECT –
CONSTRUCTION MANAGEMENT &
INSPECTION SERVICES RFP
(CIP BG2105)
Attention all Interested Parties:
The following clarifications, revisions, additions and/or deletions are hereby made a part of the request for proposal:
1. The City will conduct a Tennis Center Improvement Project – Construction Management & Inspection Services RFP optional pre-proposal field meeting on Tuesday, August 2, 2022 at 10:00a.m at the Project (3900 Lampson Avenue, Seal Beach, CA 90740).
2. The Tennis Center Improvement Project – Construction Management & Inspection Services pre-proposal question deadline will be revised to Thursday, August 4, 2022.
3. The Tennis Center Improvement Project – Construction Management & Inspection Services RFP response due date will be revised to Wednesday, August 10, 2022, 2:00p.m.
END OF ADDENDUM
By order of the City of Seal Beach,
7/26/2022
City Engineer Date
Attachments
None
Public Works
Department of
11 EXHIBIT A OF RFP
DRAFT TENNIS CENTER IMPROVEMENT PROJECT PLANS
CAN BE
MADE AVAILABLE THROUGH THE PUBLIC WORKS
DEPARTMENT.
12 EXHIBIT B OF RFP
SAMPLE PROFESSIONAL SERVICES AGREEMENT
Sample professional services agreement removed intentionally Agenda Item G
AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Approving a Limited Term Partial Basin Equity Assessment Exemption Agreement with Orange County Water District
for the Lampson Well Treatment System (CIP WT1902)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7328:
1. Approving a Limited Term Partial Basin Equity Assessment Exemption Agreement with the Orange County Water District for the Lampson Well Treatment System (CIP WT1902); and,
2. Authorizing and directing the City Manager to execute the Agreement.
BACKGROUND AND ANALYSIS:
The City owns and maintains four (4) water production wells – (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The Lampson Well is located at the easterly end of the Old Ranch Country Club on Lampson Avenue.
When Lampson Well runs for long periods of time or at higher flow rates, there is an increase in hydrogen sulfide (H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the nuisance odor from H2S is distinct. As such, the Lampson Well Treatment System (Project) was budgeted into the Capital Improvement Program to permanently treat this nuisance odor and ultimately increase well production capacity and operational flexibility.
Orange County Water District (“OCWD”) has the statutory responsibility to manage, regulate, and replenish the ground water supply that the Project draws from. In a collaborative effort to maintain high water quality conditions, OCWD agreed to financially contribute towards the Project through a Limited Term Partial Basin Equity Assessment Exemption Agreement (“Agreement”).
Each year, OCWD prescribes a set limit an agency can pump from the Orange County groundwater basin, which is known as the Basin Pumping Percentage (“BPP”). A Basin Equity Assessment (“BEA”) fee is added when water is produced above the BPP limit, making water production more expensive. The Agreement would allow the City to pump water for five (5) years at a reduced BEA, resulting in an estimated savings of $1.4 million in water production cost over the term. This savings will offset a portion of the Project’s capital investment.
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 the Agreement with Orange County Water District 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:
The estimated $1.4 million water production savings from this Agreement will be reflected in each year’s projected Water Fund Operations and Maintenance budget for five (5) years, starting Fiscal Year 2024-2025.
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 7328:
1. Approving a Limited Term Partial Basin Equity Assessment Exemption Agreement with the Orange County Water District for the Lampson Well Treatment System (CIP WT1902); and,
2. Authorizing and directing the City Manager to execute the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7328
B. Limited Term Partial BEA Exemption Agreement
RESOLUTION 7328
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A LIMITED TERM PARTIAL BASIN EQUITY
ASSESSMENT EXEMPTION AGREEMENT WITH ORANGE
COUNTY WATER DISTRICT FOR THE LAMPSON WELL
TREATMENT SYSTEM (CIP WT1902)
WHEREAS, Lampson Well is one of the City’s four (4) water production well where an occasional nuisance odor has been detected; and,
WHEREAS, the Lampson Well Treatment System (CIP WT1902) (“Project”) was budgeted in the City’s Capital Improvement Program to mitigate the nuisance odor; and, WHEREAS, the Legislature of the State of California has vested in the Orange County Water District (OCWD) the statutory responsibility to manage, regulate, replenish, and to protect the quality of groundwater supplies within the boundaries of OCWD; and, WHEREAS, the OCWD Act authorizes OCWD to enter into an agreement with groundwater producers to increase production of groundwater in lieu of water from an alternative non-tributary source for the purpose of removing contaminants or pollutants from the groundwater basin, and paying from OCWD funds that portion of the cost of groundwater production that will encourage the production for beneficial use of the polluted or contaminated groundwater that is impairing the quality of water supply within OCWD; and,
WHEREAS, OCWD and the City mutually agree to enter into a Limited Term Basin Equity Assessment Exemption Agreement (“Agreement”) where the City will construct the Project to mitigate the nuisance odor, with the City recovering a portion of the Project cost by mean of a partial exemption of that water from the payment of Basis Equity Assessment (“BEA”).
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Limited Term Partial Basin Equity Assessment Exemption Agreement with Orange County Water District for the Project.
Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 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 7328 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of September, 2022.
Gloria D. Harper, City Clerk
City of Huntington Beach Partial BEA Exemption Agreement
LIMITED TERM PARTIAL BASIN EQUITY ASSESSMENT
EXEMPTION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT
AND CITY OF SEAL BEACH
(Lampson Well)
This LIMITED TERM PARTIAL BASIN EQUITY ASSESSMENT EXEMPTION AGREEMENT (the “Agreement”) is entered as of October ______, 2022 by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (“OCWD”), and the CITY OF SEAL BEACH, a California charter city (“City”).
RECITALS
A. Approximately two-thirds of all drinking water currently used within northern and central Orange County is provided from groundwater by OCWD. Inasmuch as Orange County is located in a semi-arid area, it is essential that all reasonable efforts be put forth to protect the quality of groundwater supplies and to provide for maximum utilization of that resource.
B. The City operates a public water system for the purpose of delivering potable water to its customers, and obtains most of its water by pumping groundwater from wells for delivery to its customers. The City, as well as other groundwater producers within the boundaries of OCWD, has lost pumping capacity in its Lampson well due to the presence of hydrogen sulfide.
The city of Seal Beach Lampson Well (“Well”), located on Lampson Avenue west of Heather Street in Seal Beach, has the capacity to produce up to 4,000 acre feet per year of groundwater; however, the City limited production of groundwater from the Well due to its high levels of hydrogen sulfide. There are no federal or state drinking water quality standards set for hydrogen sulfide in drinking water, however hydrogen sulfide can produce odors and can be corrosive to certain metals and can be unsuitable for domestic purposes.
C. The City recently completed a pilot study using the Granular Activated Carbon (GAC) treatment process to reduce hydrogen sulfide in the water produced by the Well. The pilot study demonstrated complete removal of the hydrogen sulfide in the well water. The City proposes to design and construct a GAC treatment system to treat the flows from Well (such treated Well groundwater is hereinafter referred to as “Product Water”).
D. The City’s preliminary cost estimate for this GAC treatment system Project is $4,500,000 (the “Project Cost”). OCWD has determined that the City’s construction of the Project will reduce the potential for groundwater containing hydrogen sulfide to impact nearby wells.
E. The Legislature of the State of California has vested in OCWD the statutory responsibility to manage, regulate, replenish and to protect the quality of the groundwater supplies within the boundaries of OCWD.
F. In April of each year, the Board of Directors of OCWD acts in accordance with Section 31.5 of the Orange County Water District Act (“OCWD Act”) to find, determine and establish the basin production percentage (the “BPP”), and sets basin equity assessments (each, a City of Seal Beach Partial BEA Exemption Agreement -2-
“BEA”) for each producer within OCWD for the period from July 1st through June 30th of the next succeeding year.
G. The OCWD Act authorizes OCWD to enter into an agreement with the owner operating a groundwater production facility within OCWD’s boundaries to increase the production of groundwater in lieu of water from an alternative non-tributary source for the purpose of removing contaminants or pollutants from the groundwater basin, and paying from OCWD funds that portion of the cost of groundwater production that will encourage the production for beneficial use of the polluted or contaminated groundwater that is impairing the quality of the water supplies within OCWD.
H. OCWD and the City mutually desire to enter into this Agreement pursuant to the OCWD Act to set forth the specific terms and conditions under which the City will conduct the Project and remove hydrogen sulfide-impaired groundwater from the Orange County groundwater basin by treating groundwater from Well for ultimate distribution to City customers for potable beneficial uses, with the City recovering a portion of the Project Cost by means of a partial exemption of that water from the payment of the BEA. OCWD and the City understand and agree that this Agreement does not and cannot become effective unless and until the City files a petition for a partial exemption from the BEA of the water produced from Well, and the Board of Directors of OCWD approves such a partial BEA exemption, in accordance with Section 38.1 of the OCWD Act.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions and promises contained herein, and subject to this Agreement taking effect in accordance with Section 5 below, OCWD and the City hereby agree as follows:
SECTION 1. LIMITED TERM HYDROGEN SULFIDE REMOVAL PROJECT
1.1. The City shall design and construct the Project within the Project Cost. A portion of the Project Cost will be eligible to be credited against BEA payments otherwise owed by the City for production of groundwater from Well above the BPP, in accordance with Paragraph 2.5 below.
1.2. The City shall serve as the lead agency for, and be responsible for all CEQA processing for, the Project.
1.3. The City shall be responsible for all design, engineering, construction, and CEQA costs for the Project.
1.4. Once the Project has been constructed, and if the OCWD Board of Directors has approved a petition for partial, limited term BEA exemption pursuant to Section 38.1 of the OCWD Act (as outlined in Section 5), this Agreement will be implemented in fiscal year 2024-25 after the Project is complete, beginning July 1st of that year, and last for up to five fiscal years through June 30th of the last year (the “Project Term”). During the Project Term, the City may produce groundwater in an amount equal to the BPP for that given year, plus additional groundwater production from Well, provided that all of the groundwater production above the BPP during the City of Seal Beach Partial BEA Exemption Agreement -3-
Project Term shall be produced solely from Well in order to receive partial exemption set forth in Paragraph 2.5 below.
1.5. In order to obtain the partial exemption set forth in Paragraph 2.5 below, the City shall produce groundwater from Well that, after treatment, meets the adopted primary drinking water standards, and the City shall deliver the groundwater to its customers or to City facilities for potable beneficial uses. Further, the Product Water shall meet the State Water Resources Control Board (“SWRCB”) and the Division of Drinking Water (“DDW”) Secondary Drinking Water Standards with a Secondary Maximum Contaminant Level for odor set at 3 Threshold Odor Number (TON) in drinking water. The Product Water from Well shall also meet any other requirements from the SWRCB for treatment of this Product Water.
1.6. The City shall be responsible for all costs incurred in the operation and maintenance of Well for distribution of the Product Water to City customers or facilities for potable beneficial use, including but not limited to labor, materials and power.
1.7. The City shall take out and maintain in effect at all times during the term of this Agreement comprehensive general liability insurance in an amount not less than $2 million per occurrence, for bodily injury, death and property damage, naming OCWD as an additional insured under such policy. An endorsement evidencing this insurance coverage shall be furnished to OCWD prior to the City filing with OCWD a petition pursuant to Section 38.1 of the OCWD Act (as outlined in Section 5). If the City is, or becomes, partially or fully self-insured for its public liabilities, a letter executed by the City’s Mayor or City Manager stating the City’s self-insured status and acknowledging its responsibility to respond to the indemnification of OCWD as provided in Paragraph 5.5 below, may be furnished in lieu of the insurance endorsement. The City shall provide written notice to OCWD of any change in the City’s insured or self-insured status during the Project Term within 30 days of the effective date of such change.
SECTION 2. PROJECT TERM BASIN EQUITY ASSESSMENT AND
REPLENISHMENT ASSESSMENT PAYMENTS
2.1. The City shall file water production statements and a basin equity assessment statement in strict compliance with Sections 29(a) and 31.5(j) of the OCWD Act, respectively, for all groundwater produced by the City during the Project Term, including all groundwater produced from Well and distributed as Product Water.
2.2. On or before the 15th day of each month, during the Project Term, the City shall file with OCWD a monthly report reflecting the quantity of groundwater produced by Well through the end of the preceding calendar month during the Project Term (a “Monthly Project Production Report”).
2.3. Concurrently with the filing of the City’s basin equity assessment report pursuant to Section 31.5(j) of the OCWD Act, the City shall file with OCWD a statement, verified by a written declaration under penalty of perjury, setting forth the total amount of groundwater produced from Well during the Project Term and distributed as Product Water (the “Project Production Statement”).
City of Seal Beach Partial BEA Exemption Agreement -4-
2.4. The City shall pay the replenishment assessment and additional replenishment assessment levied and imposed pursuant to Sections 27 and 27.1 of the OCWD Act on all groundwater produced by the City during the Project Term, including all groundwater produced from Well, in accordance with Section 29(a) of the OCWD Act.
2.5. To the extent that the City’s production of groundwater during the Project Term does not exceed an amount equal to the BPP plus additional groundwater produced from Well, and all of the groundwater produced during the Project Term in excess of the BPP was produced from Well, the City shall be exempt during the Project Term from paying a portion of the basin equity assessment or any surcharge on such groundwater production above the BPP from Well during the Project Term to allow the City to recoup a portion of the Project Cost, as described in the Attached Exhibit A attached hereto and by this reference incorporated herein. Notwithstanding the foregoing, the City shall pay the applicable basin equity assessment and any surcharge for the following:
2.5.1. The City shall pay the applicable basin equity assessment and surcharge on all groundwater produced by the City during the Project Term that exceeds an amount equal to the BPP plus additional groundwater produced from Well; and
2.5.2. The City shall pay the applicable basin equity assessment and surcharge on all groundwater produced by the City during the Project Term in excess of the BPP, if such groundwater in excess of the BPP is produced from any water production facility other than Well.
2.6. The City acknowledges that the groundwater produced from Well, and the Product Water distributed and sold by the City, shall be classified as “groundwater,” and shall not be classified as “supplemental sources” as such term is defined in Section 31.5 of the OCWD Act, for the purpose of calculating the amount of groundwater produced by the City relative to the BPP.
SECTION 3. CITY GROUNDWATER PRODUCTION DURING THE PROJECT
REMAINDER TERM
3.1. Following completion of the Project Term, and for ten consecutive years thereafter, (such ten-year period is hereinafter referred to as the “Project Remainder Term”), the City shall make its best efforts to continue to operate Well throughout the Project Remainder Term.
3.2. Beginning the first fiscal year of the Project Remainder Term, and each fiscal year thereafter during the Project Remainder Term, the City shall pay the then-applicable replenishment assessment, additional replenishment assessment and, if applicable, the basin equity assessment and surcharge, on all groundwater produced by the City during that fiscal year, including all groundwater produced form Well, in strict compliance with Sections 29 and 31.5 of the OCWD Act.
3.3. Notwithstanding Paragraphs 3.1 and 3.2 above, in the event that the City was unable to produce sufficient groundwater from Well during the Project Term to allow the City to achieve a total groundwater production equal to the BPP plus the additional groundwater produced from Well so as to recover a minimum of $1.0 million of the Project Cost, the City and OCWD shall City of Seal Beach Partial BEA Exemption Agreement -5-
meet and confer to continue the program to give the City additional time to recover the $1.0 million worth of BEA exemptions (the “Make-Up Production”). In the event that the City undertakes Make-Up Production:
3.3.1. The City shall receive a partial basin equity assessment exemption on the Make-Up Production in accordance with Exhibit A.
3.3.2. The City shall file Monthly Project Production Reports (as described in Paragraph 2.2) for the Make-Up Production during each calendar month during the MakeUp Production time.
3.3.3. In addition to all groundwater production reports and statements required under the OCWD Act, the City shall file a Project Production Statement (as described in Paragraph 2.3) for the Make-Up Production concurrently with the filing of the City’s basin equity assessment report pursuant to Section 31.5(j) of the OCWD Act.
SECTION 4. MISCELLANEOUS
4.1. Effective Date; Term. This Agreement shall become effective upon the Board of Directors of OCWD approving a partial exemption of the BEA for the water produced from Well, and shall continue for a term of twenty years, until June 30, 2045.
4.2. Notices. Any notice, instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as follows:
If to OCWD: Orange County Water District
PO Box 8300
18700 Ward Street
Fountain Valley, CA 92708
Attn: General Manager
If to City: City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
Attn: City Manager
or such other address as either party may direct in writing to the other. Service of any instrument or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above.
4.3. Compliance with Laws. The City shall keep itself informed of all existing and future state and federal laws and all county, municipal ordinances and regulations, which in any manner effect its performance of this Agreement. The City shall at all times observe and comply with all such laws, ordinances and regulations.
4.4. Records and Review.
City of Seal Beach Partial BEA Exemption Agreement -6-
4.4.1. The City shall keep and maintain all records, accounts and reports relating to this Agreement and its performance hereunder for a period of three years following the expiration of this Agreement. OCWD shall have access to such records at any time during normal business hours upon 48 hours’ notice to the City. At its cost, OCWD shall have the right to audit the books, records and accounts of the City relating to its performance of this Agreement no more than once annually, and the City shall provide reasonable cooperation to OCWD in this regard.
4.4.2. OCWD shall keep and maintain all records, accounts and reports relating to this Agreement and its performance hereunder for a period of three years following the expiration of this Agreement. The City shall have access to such records at any time during normal business hours upon 48 hours’ notice to OCWD. At its cost, the City shall have the right to audit the books, records and accounts of OCWD relating to its performance of this Agreement no more than once annually, and OCWD shall provide reasonable cooperation to the City in this regard.
4.5. Indemnification.
The City shall defend, indemnify and hold OCWD, its officers, directors, employees and representatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney’s fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, “Costs”) that may be asserted or claimed by any person or entity arising out of the performance or implementation of this Agreement by City or its officers, directors, employees or representatives, or the distribution or use of any water produced from Well; provided, that the City shall not be liable for OCWD Costs arising primarily out of OCWD’s own negligence or willful misconduct or the negligence or willful misconduct of OCWD’s officers, employees, agents or representatives. The City shall also defend, indemnify and hold OCWD, its officers, directors, employees and representatives harmless from and against any and all Costs that may be asserted or claimed by any person in any administrative or judicial challenge to the legality or validity of this Agreement or any exemption under Section 38.1 from payment of the BEA on any portion of the water produced from Well, or to any act or determination (including any finding under Section 38.1 of the OCWD Act or any finding, action or inaction under or required by the California Environmental Quality Act) leading up to or in connection with such a BEA exemption or this Agreement; provided, that the City shall not be liable for OCWD Costs arising primarily out of OCWD’s own negligence or willful misconduct or the negligence or willful misconduct of OCWD’s officers, employees, agents or representatives.
4.6. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD, the City, and their respective successors and assigns.
4.7. No Implied Waivers. In the event that any term, condition or provision of this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the specific breach so waived, and shall not be deemed either to be a continual waiver or to waive any other breach under this Agreement.
City of Seal Beach Partial BEA Exemption Agreement -7-
4.8. No Representation or Warranty. OCWD and the City each acknowledges that neither party, nor any of its respective officers, employees, agents or representatives, has made any written or oral representation, promise or warranty, express or implied, regarding any matter that is the subject of this Agreement, other than as expressly set forth herein.
4.9. No Obligation to Third Parties. The approval, execution and performance of this Agreement shall not be deemed to confer any rights upon any person or entity other than OCWD and the City. There are no third party beneficiaries to this Agreement.
4.10. Nature of Relationship. This Agreement shall not create, and shall not be construed or deemed to create, any agency, partnership, joint venture, landlord-tenant or other relationship between OCWD and the City.
4.11. Integration, Construction and Amendment. This Agreement represents the entire understanding of OCWD and the City as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement shall be construed as if drafted by both OCWD and the City. This Agreement may not be modified, altered or amended except in writing signed by authorized representatives of both OCWD and the City.
SECTION 5. AGREEMENT NOT EFFECTIVE UNTIL PARTIAL BEA EXEMPTION
GRANTED ON WELL WATER PRODUCTION
5.1. This Agreement shall not take effect unless and until all of the following actions occur in accordance with Section 38.1 of the OCWD Act:
5.1.1. City shall have filed with OCWD a petition pursuant to Section 38.1 of the OCWD Act, for a partial exemption of the basin equity assessment levied under Section
31.5 of the OCWD Act, for all groundwater above the BPP produced from Well during the period from July 1, 2024 through June 30, 2029 (the “Project BEA Exemption”); and
5.1.2. The OCWD Board of Directors shall have received an investigation report on the petitioned Project BEA Exemption from OCWD’s district geologist; and
5.1.3. The OCWD Board shall have conducted a public hearing on the petition for the Project BEA Exemption, made findings and determinations in accordance with Section
38.1(d)(2) of the OCWD Act, and granted the City’s petition for the Project BEA Exemption.
5.2. City understands and acknowledges that the OCWD Board of Directors retains full discretion within the parameters set forth in the OCWD Act to approve or not to approve the Project BEA Exemption. Nothing in this Agreement shall in any way commit the OCWD Board of Directors to approve the Project BEA Exemption, to take any other action with respect to the City’s petition for the Project BEA Exemption, or to in any way limit or restrict the discretion of the Board of Directors of OCWD with respect to an exemption from the payment of the BEA on water produced from Well.
City of Seal Beach Partial BEA Exemption Agreement -8-
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above.
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
Jeremy Jungreis
General Counsel, OCWD
ORANGE COUNTY WATER DISTRICT
By:
President
By:
Michael R. Markus, General Manager
APPROVED AS TO FORM:
By:
Craig A. Steele, City Attorney
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
By: __________________________________
Gloria D. Harper, City Clerk
City of Seal Beach Partial BEA Exemption Agreement -9-
Exhibit A
Estimated Capital Cost $4,500,000
O&M Cost $0
Estimated Total cost $4,500,000
FYE 2025 2026 2027 2028 2029
Year 1 2 3 4 5
Actual Pumping Achieved Above the BPP by Well (afy) 700 700 700 700 700 Estimated BEA Unit Cost ($/af) $648 $674 $701 $729 $758 Projected Cost of MWD untreated full service water ($/af) $881 $907 $935 $963 $992 OCWD buys this water to offset additional SB pumping
Projected Replenishment Assessment ($/af) $577 $597 $647 $695 $718 BEA Amount that SB must pay ($/af) $304 $310 $288 $268 $274 Total RA and BEA paid to OCWD ($/af) $881 $907 $935 $963 $992 This amount must match the cost of MWD water
Remaining BEA Exempted to SB ($/af) $344 $363 $413 $461 $484 Annual Savings to SB $240,800 $254,443 $289,257 $322,854 $339,147 Cumulative Savings to SB $240,800 $495,243 $784,500 $1,107,353 $1,446,500 Actual Savings to SB - To Be Completed at End of each Fiscal Year Sample Seal Beach Lampson Well BEA Exemption Calculations Exhibit A
P:\042 Engineering, CIP and General Admin Files\042 Council Reports and Rezo\042 Council Memos 2021-2030\042 Council Memos 2022\09-12-22\OCWD BEA Exemption\Lampson BEA Calculation 2022 8/24/2022
Agenda Item H
AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Acting Director of Public Works
SUBJECT: Approving and Authorizing Amendment No. 2 to
Professional Services Agreement with Richard C. Slade & Associates, LLC for the Beverly Manor Well Rehabilitation, CIP WT0904
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7329:
1. Approving Amendment No. 2 to the Professional Services Agreement with Richard C. Slade & Associates, LLC (RCS) for additional hydrogeological services during construction of the Project, as set forth in Exhibit A-2 to Amendment No. 2, and extending the term of the Agreement to and including midnight on June 30, 2024; and,
2. Increasing RCS’ compensation by $43,202 for the additional hydrogeological services during construction, as set forth in Exhibit A-2 to Amendment No. 2 and a revised not-to-exceed total amount of $71,635 for all services and additional services under the Agreement, Amendment No. 1 and Amendment No. 2; and,
3. Authorizing the City Manager to execute Amendment No. 2; and,
4. Authorizing the City Manager to execute Agreement amendments for additional work requests in the cumulative not-to-exceed amount of $10,000 in connection with the Project.
BACKGROUND AND ANALYSIS:
The City owns and maintains four (4) water production wells – (1) Beverly Manor Well, (2) Lampson Well, (3) Leisure World Well, and (4) Bolsa Chica Well. Beverly Manor Well is located at 3101 North Gate Road, and was placed in service in the mid-1960’s and reached the end of its serviceable life about two (2) years ago.
On September 27, 2021, the City entered into a professional services agreement (Agreement) with Richard C. Slade & Associates, LLC (RCS) to conduct a hydrogeological assessment of the well and prepare a well performance investigation scope of work, which included removing the well pump for cleaning and surveying to identify any damages or abnormal conditions in the well casing.
The proposal identified the need for additional phases, including preparation of technical specifications and bid package for rehabilitation; and field work observations during rehabilitation, redevelopment, and testing of the Beverly Manor Well and preparation of the final summary of well rehabilitation and operations report.
On June 20, 2022, the City approved Amendment No. 1 to the Agreement for additional hydrogeological services, including the preparation of Technical Specifications/Bid Package and Bid Support to rehabilitate the Beverly Manor Well based on the initial findings noted above.
The Project is currently being advertised for construction bids. As RCS is one of the leading groundwater geologists with extensive knowledge of the Orange County Groundwater Basin, and has been intimately involved with the design, and as identified in the original proposal, staff recommends entering into Amendment No. 2 to the Agreement in the amount of $43,202 for a revised not-to-exceed total amount of $71,635 to provide field monitoring of rehabilitation operations and reporting during the construction phase of the Project.
Given the Project’s complexity and potential public health impacts, staff recommends authorizing the City Manager to approve additional work requests up to $10,000.
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 amendment with Richard C. Slade & Associates, LLC 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:
Cost associated with RCS’s agreement will be expensed from the Beverly Manor Well Rehabilitation (WT0904) Project account. Sufficient funding for the additional
hydrogeological services under Amendment No. 2 and the recommended contingency has been budgeted. No budget amendment is being requested at this time.
CIP Project Amount
Original PSA $ 19,746
Amendment #1 8,687
Amendment #2 (recommended action) 43,202
Contingency (recommended action) 10,000
Total $ 81,635
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 7329:
1. Approving Amendment No. 2 to the Professional Services Agreement with Richard C. Slade & Associates, LLC (RCS) for additional hydrogeological services during construction of the Project, as set forth in Exhibit A-2 to Amendment No. 2, and extending the term of the Agreement to and including midnight on June 30, 2024; and,
2. Increasing RCS’ compensation by $43,202 for the additional hydrogeological services during construction, as set forth in Exhibit A-2 to Amendment No. 2 and a revised not-to-exceed total amount of $71,635 for all services and additional services under the Agreement, Amendment No. 1 and Amendment No. 2; and,
3. Authorizing the City Manager to execute Amendment No. 2; and,
4. Authorizing the City Manager to execute Agreement amendments for additional work requests in the cumulative not-to-exceed amount of $10,000 in connection with the Project.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7329
B. Agreement with RCS
C. Amendment No. 1 with RCS
D. Amendment No. 2 with RCS
RESOLUTION 7329
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH RICHARD C. SLADE &
ASSOCIATES, LLC FOR THE BEVERLY MANOR WELL
REHABILITATION (CIP WT0904)
WHEREAS, Beverly Manor Well is one of the City’s four (4) water production well. The Well was built in 1969 and is in need of rehabilitation; and, WHEREAS, on September 27, 2021, the City entered into a Professional Services Agreement with Richard Slade & Associates, LLC (RCS) in the amount of $19,746 to provide professional hydrogeological services for Beverly Manor Well Rehabilitation, WT0904 (“Project”); and,
WHEREAS, on June 20, 2022, the City entered into Amendment No. 1 of the Professional Services Agreement with RCS in the amount of $8,687 for a revised total contract amount of $28,433; and,
WHEREAS, the City desires to engage RCS to provide additional professional hydrogeological service for the construction phase of the Project, increase RCS’s compensation, and extend the extend the term of the Agreement; and, WHEREAS, RCS provided a cost proposal to provide these additional services in a notto-exceed amount of $43,202.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves Amendment No. 2 to the Professional Services Agreement dated September 27, 2021, and as previously amended by Amendment No. 1 dated June 20, 2022, between the City of Seal Beach and Richard C. Slade & Associates, LLC, as follows:
A. Authorizing additional Beverly Manor Well Rehabilitation professional hydrogeological services (collectively “Additional Services”), as set forth in Exhibit A-2 to Amendment No. 2, with a term ending June 30, 2024; and,
B. Increasing RCS’s compensation by $43,202 for the Additional Services for the construction phase of the Project, as set forth in Exhibit A-2 to Amendment No. 2, for a revised total contract amount of $71,635 for all services under the Agreement, Amendment No. 1, and Amendment No. 2; and,
C. Authorizing the City Manager to execute Amendment No. 2.
Section 2. The City Council hereby authorizes the City Manager to approve additional work payment requests in connection with the Project in the cumulative not-to-exceed amount of $10,000.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 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 7329 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of September, 2022.
Gloria D. Harper, City Clerk
F
PROFESSIONAL SERVICES AGREEMENT
for
Hydrogeological Services - Beverly Manor Well Rehabilitation between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0 Richard C. Slade & Associates, LLC
14501 Burbank Boulevard, Suite 300
Sherman Oaks, CA 91401
818) 506- 0418
This Professional Service Agreement (" the Agreement') is made as of September 27, 2021 ( the " Effective Date"), by and between Richard C. Slade & Associates, LLC, Consultant"), a California corporation, and the City of Seal Beach (" City"), a California charter city, ( collectively, "the Parties").
RECITALS
A. City desires certain professional hydrogeological services.
B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3. 20. 025( C), City desires to retain Consultant as an independent contractor to provide well evaluation and preparation of technical specifications services.
C. Consultant represents that the principal members of its firm are qualified professional groundwater geologists and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.
D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope of Services
1. 1. Consultant shall provide those services ( collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1. 4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant' s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any 2of19
and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship.
1. 5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Term
2. 1. The term of this Agreement shall commence on September 27, 2021, and shall remain in full force and effect until December 31, 2022, unless sooner terminated as provided in Section 5. 0 of this Agreement.
3. 0 Consultant' s Compensation
3. 1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $ 19, 746. 00 ( Nineteen Thousand Seven Hundred Forty Six and 00/ 100 dollars) for the Term.
4.0 Method of Payment
4. 1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4. 2. Upon 24- hour notice from City, Consultant shall allow City or City' s agents or representatives to inspect at Consultant' s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for three ( 3) years following the termination of this Agreement.
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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. Joe Amar is the Consultant' s primary representative for purposes of this Agreement. Joe Amar 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: Richard C. Slade & Associates, LLC
14051 Burbank Boulevard, Suite 300
Sherman Oaks, CA 91401
Attn: Richard C. Slade
7. 2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Permits and Licenses
Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 4of19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.
9. 0 Independent Contractor
9. 1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant' s employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant' s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except ( 1) as otherwise required for the performance of Services on City real property, vehicles or equipment; ( 2) as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or ( 3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant' s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9. 3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 5of19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant' s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
10. 0 PERS Compliance and Indemnification
10. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law (" PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 (" PEPM ),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.
10. 2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 6of19
Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.
11. 0 Confidentiality
11. 1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information ( collectively " Data & Documents") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary," provided Consultant gives City notice of such court order or subpoena.
11. 2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
11. 3. Consultant' s covenants under this Section shall survive the termination or expiration of this Agreement.
12. 0 Ownership of Documents and Work Product
12. 1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.
All Data & Documents shall be considered " works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, 7of19
duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.
12. 2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.
12. 3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City' s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/ or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: ( 1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of'.this Agreement.
These covenants shall survive the expiration and/ or termination of this Agreement.
12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
13. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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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.
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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. 10 of 19
17.4. Additional Insured.
17. 4. 1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.
17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
17.4.3. These additional insured provisions shall also apply to any excess/ umbrella liability policies.
17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;
17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant' s insurance and shall not be called upon to contribute with it;
17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 11 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. 12 of 19
17. 13. Broader Coverage/ Higher Limits. If Consultant maintains broader coverage and/ or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/ or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
17. 14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
18. 0
Indemnification, Hold Harmless, and Duty to Defend
18. 1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively " Indemnitees" in this Section 18. 0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense ( collectively " Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a " design professional," as the term is defined under California Civil Code § 2782. 8( c).
Notwithstanding the foregoing and as required by Civil Code § 2782. 8( a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant' s proportionate percentage of fault.
18. 2. Other Indemnities.
18. 2. 1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages ( collectively Liabilities"), in law or equity, whether actual, alleged or threatened, which arise 13 of 19
out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
18. 2. 3. Consultant shall indemnify and hold harmless City in accordance with Sections 9. 0 and 10. 0.
18. 3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18. 0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees ( or any entity or individual that Consultant' s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
18.4. Workers' Compensation Acts Not Limiting. Consultant' s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 14 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.
18. 6. Survival of Terms. Consultant' s indemnifications and obligations under this Section 18. 0 shall survive the expiration or termination of this Agreement.
19. 0 Non -Discrimination Equal Employment Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.
20. 0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
21. 0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
22. 0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.
23. 0 Severability
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The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement ( whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.
25. 0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.
26. 0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be ( 1) effective unless it is in writing and signed by the Party making the waiver, ( 2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or ( 3) deemed to constitute a continuing waiver unless the writing expressly so states.
27. 0 Prohibited Interests; Conflict of Interest
27. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 16 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
27. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this Section.
28. 0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
29. 0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant' s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
30. 0 Non -Appropriation of Funds
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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
administrative or otherwise, arising out c
the prevailing party in such litigation shE
the losing party all of its attorneys' fees
therewith.
34.0 Exhibits
against the other party, either legal,
f or in connection with this Agreement,
II be entitled to have and recover from
and other costs incurred in connection
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.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By:
Stele- Myrt r,
Director of Public W.or- s c EAI r ;.
Attest: A 1 I 4
0 loria D.
Approved as t For
By: -
raig A. Steele, City Attorney
CONS
By: l
Name:
Its:
By:
Nary
Its:
Slade &
Cali ornia
r
Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 393 from
each of the following categories: ( i) the
chairperson of the board, the president
or any vice president, and ( ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
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F
EXHIBIT A
Consultant' s Proposal
Ms. Iris Lee
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
via e- mail: flee cr. sealbeachca. gov
RICHARD C. SLADE & ASSOCIATES LLC
CONSULTING GROUNDWATER GEOLOGISTS
August 31, 2021
RCS Job No. 705- OGE02
Re: Updated Proposal for Hydrogeologic Services
Initial Preliminary Well Evaluation and Preparation of
Technical Specifications for Rehabilitation of Beverly Manor Well City of Seal Beach, California
Dear Ms. Lee,
In response to your recent telephone conversation with Mr. Joseph Amar, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists ( RCS), is pleased to submit this proposal for providing hydrogeologic services in regard to an evaluation ofthe existing City of Seal Beach Beverly Manor Well and the preparation of Technical Specifications for well rehabilitation operations. RCS understands the Beverly Manor Well has only been used intermittently and has been idle with inactive periods throughout its life. RCS also understands that the existing permanent pump in the Beverly Manor Well has recently been removed and was recently assessed by Tri -County Pump Company ( Tri County) of San Bernardino, CA; the well itself may also be in need of rehabilitation work. As part of this proposal, RCS will assess the Beverly Manor Well for its rehabilitation need/ potential, and then provide Technical Specifications for that work based on the RCS assessment.
RCS has been involved with numerous hydrogeologic studies and water well construction projects in North Orange County, including some specifically for the City of Seal Beach. Through that work, RCS has developed a detailed understanding of the local hydrogeology, local aquifer systems, and the various wellfields in this basin. RCS has conducted previous work for the City, including an hydrogen sulfide evaluation and testing of the City' s Lampson Avenue Well ( 2019).
Our proposed work should assist the City by developing an appropriate rehabilitation program for the well ( if warranted).
Proposed Scope of Hydrogeologic Services
PHASE 9 — Initial (Preliminary) Well Rehabilitation Services The proposed Scope of Hydrogeologic Services described herein is based on our significant experience in the rehabilitation of wells throughout Southern California. Most recently, RCS has maintained multiple contracts with the Irvine Ranch Water District ( IRWD) and the City of Anaheim for which more than a dozen wells have been rehabilitated to date. This most recent experience has allowed RCS to develop an efficient approach to conducting effective well rehabilitation 14051 BURBANKBLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506- 0418 • NORTHERN CALIFORNIA: (707) 963- 3914 • WWW.RCSLADE.COM Proposal for Hydrogeologic Services
Well Evaluation and Preparation of Technical Specifications for Rehabilitation
City of Seal Beach,
of Existing
California
Beverly Manor Well f
programs on long -idle wells. This experience is directly applicable to the rehabilitation of the City' s Beverly Manor Well.
Task 1. 1— Review and Evaluate Well Data & Prepare Memoranda Under this task, RCS will review the well video survey performed by Advanced Downhole Superior Well Surveys, that was performed on June 16, 2021. RCS will then prepare for and attend an initial, " kick- off' meeting with City Staff with regard to discussing the goals and parameters of the rehabilitation project for the Beverly Manor Well. The City will be asked to provide pumping/ production data, water level data, and specific capacity data that may be available for the well. This kick-off meeting will include a site visit to the well site to observe the current site conditions and logistical characteristics with respect to the proposed well rehabilitation work.
Following review of the data, a Memorandum will be prepared with regard to current downwell conditions in the well. This Memorandum will include RCS's preliminary recommendations as to which future rehabilitation options might be implemented in the Beverly Manor Well, and these will be used by RCS as guidance for subsequent preparation of a Workplan/ Technical Specifications for well rehabilitation.
Task 1. 2 — Prepare Workplan/ Technical Specification for Rehabilitation Based on review of the available well data, the results of the site visit and on our review of new downwell surveys, RCS shall prepare a Workplan/ Technical Specifications document. This document will include the Technical Specifications and Line Item Bid Sheets for well rehabilitation operations for the Beverly Manor Well. The proposed work can then be bid out by the City and performed under a single contract for one contractor.
The Workplan/ Technical Specifications will generally include the following well rehabilitation elements:
1. Equipment to be utilized and size of work area needed.
2. The possible need for additional site security fencing.
3. The type of site preparation work needed before the contractor mobilizes equipment.
4. Sound/ noise mitigation/ security measures, if needed.
5. Video surveys to be performed during and following rehabilitation of the well.
6. The depth intervals of well casing to be rehabilitated.
7. The type of mechanical well rehabilitation methods will be evaluated and included in the Technical Specifications, as needed. These methods could include the following:
o Wire brushing & bailing.
o Casing Inspection Thickness Measurement ( CITM) survey. o Dual -swab airlifting and surging.
o " Air -Jetting", consisting of either the Airburst® or Bore Blast® methods.
8. The type of various chemicals and emplacement methods that might be needed during chemical rehabilitation ( if deemed necessary) for the well. RCS has developed an 512
Proposal for Hydrogeologic Services
Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
effective chemical rehabilitation method for numerous other wells in Southern California using HercChemTec- formulated chemical mixtures.
9. Discharge locations and treatment options/ consideration for the discharge of all fluids generated during all rehabilitation tasks ( especially if chemicals are used).
10. Parameters for pumping development and well testing.
11. Discharge requirements and NPDES permit compliance.
A line item estimate for the probable cost of the rehabilitation work will also be prepared for the well. This will be provided to the City to permit comparison of bids received. RCS assumes that the City will be sending out the entire well rehabilitation package for competitive bidding. This task also includes a meeting between RCS and City staff to review and discuss the Workplan/ Technical Specifications package.
Cost Estimate & Schedule
For the proposed project, the total estimated costs for the initial ( preliminary) professional hydrogeologic services by RCS for completing Tasks 1. 1 through 1. 3 as described above are as follows:
PHASE 1 Well Rehabilitation Services
Task 1. 1 Review and Evaluate Well Data & Prepare Memoranda $ 7, 256 Task 1. 2 Prepare Workplan/Technical Specification for Rehabilitation $ 9, 720 Task 1. 3 Provide Bid Phase Support $ 2, 288
2. 5% Communications Fee: $ 482
Phase 1 Total: $ 19, 746
It is our understanding that the City desires a separate breakdown of costs for RCS services for the second phase of this project which will include the Field Monitoring of Rehabilitation Operations Task 1. 4) and Preparation of Summary Well Rehabilitation Report (Task 1. 5). That scope of work and cost breakdown will be described under a separate proposal document.
Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges.
It is anticipated that RCS can submit a Task 1. 1 Memorandum two weeks after the "kick- off' meeting of the Beverly Manor Well has been completed and receipt of the City's well data. Following receipt of possible comments provided by the City, RCS can provide the Task 1. 2 Work Plan/ Technical Specifications within a maximum period of 4 weeks.
The estimated costs above do not include any Contractor costs that are necessary for the secondary well video log( s) or CITM surveys, the actual rehabilitation work, or other Contractor -provided services ( such as those for a new casing liner). Based on recent rehabilitation work in southern California, RCS estimates the following costs for these services:
Initial Well Rehabilitation and Surveying Contractor Costs - $ 25, 000 Kc11
Proposal for Hydrogeologic Services "!
Well Evaluation and Preparation of Technical Specifications for IDWi Rehabilitation of Existing Beverly Manor Well f
City of Seal Beach, California
The initial ( preliminary) well rehabilitation contractor costs estimated above includes approximately two ( 2) days of brushing and bailing in conjunction with the injection of hydrogen peroxide. This initial minor work would then be followed by a video survey and an ETM -24 ( Casing Inspection Thickness Survey [ CITM]). The estimate above also does not include the actual rehabilitation mechanical development, chemical rehabilitation, test pumping and/or the potential installation of a casing liner or swage patch( s). the cost of equipping the well with a permanent pump and other above -ground appurtenances following that rehabilitation work.
Standard of Performance; Disclaimer of Warranties
Leve! of Service. RCS offers different levels of groundwater consulting Services to suit the specific desires and needs of a variety of clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased time and cost. Client must determine the level of groundwater consulting Services adequate for its current purposes. Client has reviewed our current Scope of Services described above and has determined that it does not need or want a greater level of Services than that being provided at this time.
Standard of Care. Subject to the limitations inherent in the agreed upon Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, RCS will perform its Services consistent with that level of care and skill ordinarily exercised by other professional groundwater geologists practicing in the same locale and under similar circumstances at the time the Services are performed.
No Warranty. No warranty, express or implied, is included or intended by this Agreement.
Allocation of Risk
Limitation of Remedies. The total cumulative liability of RCS, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents collectively "Entities"), to Client arising from Services under this Agreement, including attorney' s fees due under this Agreement, will not exceed the gross compensation received by RCS under this Agreement or $ 19,746.00, whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in RCS' s Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request, RCS and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in RCS' s fee, provided that they amend this Agreement in writing.
Disputes
Mediation. All disputes between Entities and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice.
Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the 4-
Proposal for Hydrogeologic Services
Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice.
Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the State of California in which the current Project is located. Unless the parties agree otherwise, any mediation or other legal proceeding will occur in this state in which the Project is located.
Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Entities' s Services under this Agreement, or the date on which claimant knew, or should have known, of facts giving rise to its claims.
CLOSURE
We appreciate this opportunity to submit this proposal for hydrogeologic services for providing the City of Seal Beach with the initial preliminary hydrogeologic services related to assessing the rehabilitation potential and for preparing Technical Specifications related to the rehabilitation of City's Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email ( ioseph. amar(- Dreslade. com).
Very truly yours,
RICHARD C. SLADE & ASSOCIATES, LLC
Richard C. Slade
President and Principal Groundwater Geologist
5-
Proposal for Hydrogeologic Services
Well Evaluation and Preparation of Technical Specifications for Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
RCS SCHEDULE OF CHARGES ( FEE SCHEDULE)
JANUARY 2021
Professional Services Hourly Rates
Principal Groundwater Geologist.........................................................................................$ 296. 00 Senior Groundwater Geologist.............................................................................................$ 248. 00 Staff Groundwater Geologist................................................................................................$ 186. 00 Field Groundwater Geologist...............................................................................................$ 127. 00 Clerical.................................................................................................................................$ 98. 00 Field Equipment Charges
Pressure Transducers ( water level &
barometric pressure monitoring during pumping tests) ..................................................... $ 50. 00/ wk Electric Tape Water Level................................................................................................. $ 25. 00/ day Field Water Quality Probe ( T, pH, EC)............................................................................... $ 50.00/day Litigation, Depositions and Testimony
Depositions and trial testimony are charged at twice the hourly rate ( 4 -hour minimum/ day).
Travel Time and Mileage
Travel time for meetings and/ or to job sites will be charged at our standard hourly rates.
Mileage is charged at the current IRS rate.
Administrative Fee
In- house costs for phone, e- mail, fax, regular postage, printing, copying, binding, and records retention, unless otherwise provided for in our project proposal Scope of Services.
Administrative Fee = total project labor charges multiplied by 2. 5%.
Outside Services
All services not ordinarily furnished by RCS, including subcontracted services ( i. e., water quality laboratory testing), delivery services, reproduction and printing, etc., are billed at cost + 15%.
Reproduction costs for large format printing, and/ or high volume reproduction and binding of hard copy reports performed in- house by RCS staff, will be billed at rates similar to comparable outside services.
Conditions
RCS reserves the right to update this Schedule of Charges on January 1 of each year ( the beginning of our Fiscal Year). Invoices are issued at our option on a monthly basis orwhen the work is completed.
A service charge of 1%% will be payable on any amount not paid within 30 days. Any attorney fees or other costs incurred in collecting delinquent charges shall be paid by the client.
Client will furnish rights- of-way to land as required for field visits and field operations, such as sampling or testing of water wells.
19 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 withthese 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.
II
ACo CERTIFICATE OF LIABILITY INSURANCE
DAT
2/ 22021021
Y)
088/ 0/0 /
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
The Liberty Company Insurance Brokers
Lic# OD79653
5955 De Soto Ave, Suite 250
Woodland Hills CA 91367
CONTACT Melinda Barton NAME:
PHCONE - 3960 FAX
ANo Ext): A/ C No):
E- MAIL
ADDRESS: mbarton@libertycompany. com
INSURER( S) AFFORDING COVERAGE NAIC#
INSURERA: Continental Casualty Company 20443
INSURED
RICHARD C. SLADE & ASSOCIATES, LLC
14051 BURBANK BLVD STE 300
SHERMAN OAKS CA 91401
INSURER B : Transportation Insurance Co 20494
INSURER C: Property and Casualty Insurance Company of Hartford 34690 INSURER D:
INSURER E :
INSURER F:
r MJFCDAr- ce (_ FRTIFIf_ATF NI IMRFR• 21- 22 UL -AU -UM -Wt: REVISION NUMBER:
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOVTM%yr=7BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR TYPE OF INSURANCE INSD WVD POLICYNUMBER MM/ DDIYYY MMIDPOLID EXP YY LIMITS Seal Beach CA 90740
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2, 000, 000 F;Z; l
CLAIMS -MADE OCCUR
DAMAGE VO RENTED 1, 000, 000
PREMISES Ea occurrence S
MED EXP (Any one person) s 10, 000
A Y 2076842186 04/ 27/ 2021 04/ 27/2022 PERSONAL& ADV INJURY s 2, 000, 000 LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE S 4, 000,000 PRODUCTS- COMPIOPAGG s4, 000, 000
POLICY PET LOC M'OTHER:
S
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT s 1, 000, 000 Ea accident
BODILY INJURY (Per person) S ANYAUTO
A
OWNED SCHEDULED BODILY INJURY ( Per accident) $
AUTOS ONLY AUTOS
HIRED NON -OWNED
XAUTOS ONLY X AUTOS ONLY
Y 2076842186 04/27/2021 04/ 27/2022
PROPERTY DAMAGE S
Per accident
S
X UMBRELLALIAB X OCCUR EACH OCCURRENCE S 1, 000, 000
B EXCESS UAB CLAIMS - MADE Y
5096094007 AGGREGATE s 1, 000, 000 04/ 27/ 2021 04/ 27/2022 DED I X1 RETENTIONS 10, 000 s
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER
Mandatory in NH)
EXCLUDED? M NIA 72WECEP3697 09/ 01/ 2021 09/ 01/ 2022
X1 STATUTE I I
ERH
E.L EACH ACCIDENT s 1, 000, 000
E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000
E. L. DISEASE - POLICY LIMIT S 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, the City's directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F Ed. 6- 16), ( Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G ( Ed. 6- 16), ( Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella Liability is follow form.
PAW! CI
ll 1.` f86 LU- IO NI V RU VVRrVI\ MIIV Imo. MII IIa 11W ICJclrcu.
ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Seal Beach
211 8th St.
AUTHORIZED REPRESENTATIVE
Seal Beach CA 90740
ll 1.` f86 LU- IO NI V RU VVRrVI\ MIIV Imo. MII IIa 11W ICJclrcu.
ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD Terra Insurance Company
A Risk Retention Group)
Two Fifer Avenue, Suite '100
Corte Madera, CA 94925
DATE
09/ 02/ 21
CERTIFICATE HOLDER
City of Seal Beach
211 8th St.
Seal Beach, CA 90740
TERRA
INSURANCE COMPANY
CERTIFICATE OF INSURANCE
This certifies that the " claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy.
The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims.
TYPE OF INSURANCE Professional Liability
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
221148 01/ 01/ 21 12/ 31/ 21
LIMITS OF LIABILITY $ 1, 000, 000 EACH CLAIM
1, 000, 000 ANNUAL AGGREGATE
PROJECT DESCRIPTION
CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten 10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured.
ISSUING COMPANY:
NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY
A Risk Retention Group)
Richard C. Slade Associates, LLC
14051 Burbank Blvd., Suite 300
Sherman Oaks, CA 91401 bui
President
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
for
Hydrogeological Services - Beverly Manor Well Rehabilitation CIP WT0904)
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Richard C. Slade & Associates, LLC
14501 Burbank Boulevard, Suite 300
Sherman Oaks, CA 91401
818) 506- 0418
This Amendment No. 1, dated June 20, 2022, amends that certain agreement (" Agreement") dated September 27, 2021, by and between the City of Seal Beach (" City"), a California charter city, and Richard C. Slade & Associates, LLC (" Consultant"), a California limited liability company.
1 RECITALS
A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional hydrogeological services for the Beverly Manor Well Rehabilitation, CIP WT0904 ("Project").
B. City and Consultant wish to amend the Agreement, by this Amendment No. 1, for Consultant to provide additional hydrogeological services, increase Consultant' s compensation for such additional services by $ 8, 687, for a total contract not -to -exceed amount of $ 28,433, and extend the term of the Agreement to and including December 31, 2023, as provided herein.
AMENDMENT NO. 1
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 1. 0 ( Scope of Services) of this Agreement is hereby amended to add Subsection 1. 1. 1 to read as follows:
1. 1. 1 Consultant shall provide those additional services set forth in the attached Exhibit A- 1 ( Proposal dated June 3, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A- 1, Exhibit B, and this Agreement as amended by Amendment No. 1, this Agreement shall control."
Section 2. Section 2. 0 ( Term) of this Agreement is hereby amended in its entirety to read as follows:
2. 0 Term
2. 1 The term of this Agreement shall commence as of the Effective Date and shall expire midnight on December 31, 2023, unless previously terminated as provided by Section 5. 0 of this Agreement or extended by the City Manager with 30 days' prior notice."
Section 3. Section 3. 0 ( Consultant' s Compensation) of this Agreement is hereby amended in its entirety to read as follows:
3. 0 Consultant's Compensation
3. 1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, and Exhibit A- 1 for Additional Services, but in no event will the City pay more than the total not -to - exceed amount of $ 28, 433 for the Services ( Exhibit A) and Additional Services Exhibit A- 1) for the Term.
3. 2. Consultant will not be compensated for any work performed not authorized by City and specified in Section 1. 0, Scope of Services, unless City 2 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 or amendment by the City Manager. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, and Exhibit A- 1." Section 4. All references to the term " Agreement" throughout Sections 1. 0 through 35. 0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 27, 2021, and this Amendment No. 1 dated June 20, 2022, as if all those terms are fully set forth therein.
Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
Section 6. The persons executing this Amendment No. 1 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1.
3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto:
CITY OF SEAL BEACH
By:
Acting Director of Pubfi
Attest:
By:
dforia D. Harper, gQ
Approved as to Form: co'o NV C
By: . /,,/,/ "".,
Craig A. Steele, City Attorney
El
CONSf
T: 41imi lade &
Associa ed
liability
Richard C. Slade
President
290
By' "
I
b
Linda N. Slade
Secretary
Please note, two signatures required for corporations
under Corp. Code § 313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
EXHIBIT A- 1 FOR AMENDMENT NO. 1 —
CONSULTANT' s Additional Services
RICHARD C. SLADE & ASSOCIATES LLC
CONSULTING GROUNDWATER GEOLOGISTS
June 3, 2022
Ms. Iris Lee
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
via e- mail: ilee( cDsealbeachca. gov
RCS Job No. 705- OGE02
Re: Updated Proposal for Phase 2 Hydrogeologic Services Preparation of Technical Specifications & Bid Support
for Rehabilitation of Beverly Manor Well
City of Seal Beach, California
Dear Ms. Lee,
In response to your recent email request to Mr. Joseph Amar and Mr. Anthony Hicke, Richard C.
Slade & Associates LLC, Consulting Groundwater Geologists ( RCS), is pleased to submit this proposal for providing additional hydrogeologic services in regard to the Phase 2 preparation of Technical Specifications/ Bid Package and Bid Support for well rehabilitation operations. RCS assisted with Phase 1 of this project which consisted of the coordination and observation of the recent preliminary rehabilitation work in the Beverly Manor Well to assess the current downwell conditions performed by General Pump Company (GPC). That work was grouped under Task 1. 1 of our Phase 1 Contract, summarized in the RCS proposal to you, dated August 31, 2021.
Following that preliminary assessment work, several surveys were conducted in the well by GPC and its subcontractors and the resulting well data were gathered and reviewed by RCS. RCS then prepared a Rehabilitation Memorandum on May 16, 2022 summarizing those data and the recent preliminary work performed in the well, and also provided RCS recommendations on the next phases of well rehabilitation in an attempt to redevelop the well.
RCS also understands that the existing permanent pump in the Beverly Manor Well was removed prior to the preliminary assessment work and was recently assessed by others. It was reported to RCS by the City that the assessment of the existing permanent pump by others has revealed that the pump, motor and pump column components are not salvageable, and a new permanent pump must be designed and procured following the rehabilitation of the Beverly Manor Well.
As part of this Phase 2 proposal, RCS will provide the Technical Specifications and Bid Package for the rehabilitation and redevelopment work based on the RCS assessment and the RCS May 16, 2022 Rehabilitation Memorandum. Also part of this proposal, RCS will provide bid support assistance once the City places the Beverly Manor Well Rehabilitation package out to bid.
RCS has been involved with numerous hydrogeologic studies and water well construction projects in North Orange County, including some specifically for the City of Seal Beach. Through that work, RCS has developed a detailed understanding of the local hydrogeology, local aquifer systems, and the various wellfields in this basin. RCS has also conducted previous work for the 14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: ( 818) 506- 0418 • NORTHERN CALIFORNIA: ( 707) 963- 3914 • W W W. RCSLADE. COM Updated Proposal for Phase 2 Hydrogeologic Services
Prepare Technical Specifications & Bid Support for
Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
f—
City, including an evaluation and testing of hydrogen sulfide in the City' s Lampson Avenue Well 2019). Our proposed work should assist the City by developing an appropriate rehabilitation program for the well ( if warranted).
Proposed Scope of Hydroaeoloaic Services: Phase 2
Task 1. 2 — Prepare Technical Specification/Bid Package for Rehabilitation Based on review of recent preliminary rehabilitation work performed in the Beverly Manor Well, and on our review of new downwell surveys, RCS shall prepare a Technical Specifications/ Bid Package document. This document will include the Technical Specifications and Line Item Bid Sheets for well rehabilitation operations by prospective contractors for the Beverly Manor Well.
The proposed work can then be bid out by the City and performed under a single contract for one contractor.
The Technical Specifications/ Bid Package will generally include the following well rehabilitation elements:
1. Equipment to be utilized and size of work area needed.
2. The type of site preparation work needed before the contractor mobilizes equipment.
3. Video surveys to be performed during and following rehabilitation of the well.
4. The depth intervals of well casing to be rehabilitated.
5. The type of mechanical well rehabilitation methods to be used will be included in the Technical Specifications. These methods could include the following:
o Wire brushing & bailing.
o Dual -swab airlifting and surging.
o " Air -Jetting", consisting of either the Airburst® or Bore Blast@ methods.
6. The type of various chemicals and emplacement methods that might be needed during chemical rehabilitation ( if deemed necessary) for the well. RCS has developed an effective chemical rehabilitation method for numerous other wells in Southern California using HercChemTec- formulated chemical mixtures.
7. Discharge locations and treatment options/ consideration for the discharge of all fluids generated during all rehabilitation tasks ( especially if chemicals are used).
8. Parameters for pumping development and final well testing.
9. Discharge requirements and NPDES permit compliance.
A line item estimate for the probable cost of the rehabilitation work will also be prepared for the well. This will be provided to the City to permit comparison of bids received. RCS assumes that the City will be sending out the entire well rehabilitation package for competitive bidding. This task also includes a meeting between RCS and City staff to review and discuss the Workplan/ Technical Specifications package.
ipa
Updated Proposal for Phase 2 Hydrogeologic Services
Prepare Technical Specifications & Bid Support for
Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
i
Task 9. 3 — Provide Bid Phase Support
RCS will provide bid phase support to the City. This support will consist of attending one pre-bid meeting and the possible preparation of up to three bid addenda, as necessary. The basic purpose of the pre- bid meeting is to help potential bidders better understand site logistics such as access, available water supply, location of utilities, and fluids disposal options at the Beverly Manor Well site.
RCS will also assist the City in the review of bids received. Also, prior to commencement of field activities, RCS will attend an initial pre -rehabilitation meeting with the selected Contractor. This will be to acquaint the Contractor selected by the City with the project goals and discuss final scheduling issues and establish lines of communication for the project.
Cost Estimate & Schedule
For the proposed project, the total estimated costs for the professional hydrogeologic services by RCS for completing Tasks 1. 2 and 1. 3 as described above, and as listed in our original proposal to you dated August 31, 2021, are as follows:
PHASE 2 Well Rehabilitation Services
Task 1. 2 Prepare Technical Specification/ Bid Package for Rehabilitation $ 7, 275 Task 1. 3 Provide Bid Phase Support $ 1, 200
2. 5% Communications Fee: $ 212
Phase 1 Total: $ 8, 687
It should be noted that the scope of work proposed herein does not include RCS hydrogeologic services that include field work observations during the rehabilitation, redevelopment, and testing of the Beverly Manor Weil, nor does it include RCS services for the preparation of the final Summary of Well Rehabilitation and Operations Report for the project.
Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges.
It is anticipated that RCS can submit a Task 1. 2 Draft of the Technical Specifications within approximately two to three weeks following notice -to -proceed by the City. Following receipt of possible comments provided by the City, RCS will then finalize the Technical Specifications for the City so the entire Bid Package can be placed out to bid. RCS will then provide the Task 1. 3 Bid Phase Support once the Bid Phase has commenced.
The estimated costs above do not include any Contractor costs that are necessary for the actual rehabilitation work, or any other Contractor -provided services ( such as those for installing a possible liner or a swage patch). Based on recent rehabilitation work in southern California, RCS estimates the following costs for these services:
Preliminary Estimate of Typical Well Rehabilitation and Redevelopment Contractor Costs - 550, 000
3-
Updated Proposal for Phase 2 Hydrogeologic Services
Prepare Technical Specifications & Bid Support for
Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
The initial ( preliminary) well rehabilitation contractor costs estimated above includes airbursting, mechanical development, chemical rehabilitation, pumping development and pumping tests. The cost of designing and equipping the well with a permanent pump and other above -ground appurtenances following that rehabilitation work will reportedly be provided to the City by AKM Consulting Engineering of Irvine, California.
Standard of Performance; Disclaimer of Warranties
Level of Service. RCS offers different levels of groundwater consulting Services to suit the specific desires and needs of a variety of clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased time and cost. Client must determine the level of groundwater consulting Services adequate for its current purposes. Client has reviewed our current Scope of Services described above and has determined that it does not need or want a greater level of Services than that being provided at this time.
Standard of Care. Subject to the limitations inherent in the agreed upon Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, RCS will perform its Services consistent with that level of care and skill ordinarily exercised by other professional groundwater geologists practicing in the same locale and under similar circumstances at the time the Services are performed.
No Warranty. No warranty, express or implied, is included or intended by this Agreement.
Allocation of Risk
Limitation of Remedies. The total cumulative liability of RCS, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents collectively " Entities"), to Client arising from Services under this Agreement, including attorney's fees due under this Agreement, will not exceed the gross compensation received by RCS under this Agreement or $8, 687. 00, whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in RCS' s Services, whether alleged to arise in tort, contract, warranty, or other legal theory.
Disputes
Mediation. All disputes between Entities and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice.
Precondition to OtherAction. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice.
Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the State of California in which the current Project is located. Unless the parties agree 4-
Updated Proposal for Phase 2 Hydrogeologic Services
Prepare Technical Specifications & Bid Support for
Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
otherwise, any mediation or other legal proceeding will occur in this state in which the Project is located.
Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Entities' s Services under this Agreement, or the date on which claimant knew, or should have known, of facts giving rise to its claims.
CLOSURE
We appreciate this opportunity to submit this proposal for hydrogeologic services for providing the City of Seal Beach with the initial preliminary hydrogeologic services related to assessing the rehabilitation potential and for preparing Technical Specifications related to the rehabilitation of City' s Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email ( ioseph. amar(a-)-reslade.com).
Very truly yours,
RICHARD C. SLADE & ASSOCIATES, LLC
Richard C. Slade
President and Principal Groundwater Geologist
5-
Updated Proposal for Phase 2 Hydrogeologic Services
Prepare Technical Specifications & Bid Support for
Rehabilitation of Existing Beverly Manor Well
City of Seal Beach, California
SCHEDULE OF CHARGES
January 2022
Professional Services Hourly Rates
President 300. 00
Principal 256. 00
Senior Groundwater Geologist 220. 00
Staff Groundwater Geologist 190. 00
Field Groundwater Geologist 128. 00
Clerical 98. 00
Field Equipment Charges
Pressure Transducers ( water level & barometric 50. 00/ wk. pressure monitoring during pumping tests)
Electric Tape Water Level Probe 25.00/day
Field Water Quality Probe ( T, pH, EC) 50.00/day
Litigation, Depositions and Testimony
Depositions and trial testimony are charged at twice the hourly rate ( 4 -hour minimum/ day).
Travel Time and Mileage
Travel time for meetings and/ or to job sites will be charged at our standard hourly rates. Mileage is charged at the current IRS rate.
Administrative Fee
In- house costs for phone, e- mail, fax, regular postage, printing, copying, binding, and records retention, unless otherwise provided for in our project proposal Scope of Services, will be charged an Administrative Fee of total project labor charges multiplied by 2. 5%.
Outside Services
Any services and materials not ordinarily furnished by RCS, including subcontracted services (i. e., water quality laboratory testing), delivery services, reproduction and printing, etc., are billed at cost + 15%. Reproduction costs for large format printing, and/ or high volume reproduction and binding of hard copy reports performed in- house by RCS staff, will be billed at rates similar to comparable outside services.
Conditions
RCS reserves the right to update this Schedule of Charges on January 1 of each year ( the beginning of our Fiscal Year). Invoices are issued at our option on a monthly basis or when the work is completed. A service charge of 1' h% will be payable on any amount not paid within 30 days. Any attorney fees or other costs incurred in collecting delinquent charges shall be paid by the client.
Client will furnish rights- of-way to land as required for field visits and field operations, such as sampling or testing of water wells.
A41040Ro CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DDIYYYY)
03/ 24/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
The Liberty Company Insurance Brokers
Lic# OD79653
5955 De Soto Ave, Suite 250
Woodland Hills CA 91367
CONTACT Melinda Barton
NAME:
NE ( 888) 918- 3960 PHONE FAX
AI No. Ext No
E- MAIL
ADDRESS: mbarton@libertycompany. com
INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A: Continental Casualty Company 20443
INSURED
RICHARD C. SLADE & ASSOCIATES, LLC
14051 BURBANK BLVD STE 300
SHERMAN OAKS CA 91401
INSURER B: Transportation Insurance Co 20494
INSURER C : Property and Casualty Insurance Company of Hartford 34690 INSURER D :
INSURER E :
INSURER F:
rrn2owr_ vc PCDTICIr' ATC MI IMRCR• GL - Z3 ULAU UIVIG / I - ZZ IttV151UN NUIy1tltK:
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOWMAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/ DDY EFF MM/ DPOLID YY LIMITS A
COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE OCCUR
Y
Seal Beach CA 90740
2076842186 04/ 27/2022 04/27/2023
EACH OCCURRENCE S 2, 000, 000
PREMISES Ea occurrence s 1, 000, 000
MED EXP (Any one person) S 10, 000
PERSONAL& ADV INJURY s 2, 000, 000
LAGGREGATE LIMITAPPLIES PER:
POLICY
PRO F—]LOCPRODUCTS- COMP/ OPAGG
JECT M'OTHER:
GENERALAGGREGATE 5 4, 000, 000
S 4, 000, 000
A
AUTOMOBILE LIABILITY
ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
X AUTOS ONLY ! AUTOS ONLY
Y 2076842186 04/ 27/2022 04/ 27/2023
COMBINED SINGLE LIMIT s 1, 000, 000
Ea accident
BODILY INJURY ( Per person) S
BODILY INJURY (Per accident) S
PROPERTY DAMAGE S
PeracrJdent
S
B
X UMBRELLALIABX
EXCESS LIAB
OCCUR
CLAIMS -MADE Y
5096094007 04/27/2022 04/ 27/2023
EACH OCCURRENCE S 1, 000, 000
AGGREGATE S 1, 000, 000
DED X RETENTION 5 10, 000 S
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA 72WECEP3697 09/ 01/ 2021 09/ 01/ 2022
X STATUTE
H
E.LEACH ACCIDENT S 1, 000, 000
E.LDISEASE- EAEMPLOYEE S 1, 000,000
E. L. DISEASE - POLICY LIMIT $ 1, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Seal Beach, the City' s directors, officers, employees, agents and volunteers are Included as additional insureds on General Liability Per SB146932F Ed. 6- 16), ( Blanket Additional Insured and Liability Extension Endorsement) and on Auto Liability per SB146902G ( Ed. 6- 16), ( Hired Auto and Non -Owned Auto Liability), subject to policy terms and conditions. Umbrella Liability is follow form.
A W! CI I A r1nM
liCR11I- I rXI G IIVLUGR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Seal Beach
211 8th St.
AUTHORIZED REPRESENTATIVE
Seal Beach CA 90740
W 17oo- LU 10 M%IUF%V
ACORD 25 ( 2016103) The ACORD name and logo are registered marks of ACORD Terra Insurance Company
A Risk Retention Group)
Two Fifer Avenue, Suite 100
Corte Madera, CA 94925
DATE
01/ 01/ 22
CERTIFICATE HOLDER
City of Seal Beach
211 8th St.
Seal Beach, .CA 90740
F7TERRA
INSURANCE COMPANY
CERTIFICATE OF INSURANCE
This certifies that the " claims made" insurance policy ( described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy.
The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims.
TYPE OF INSURANCE Professional Liability
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
222148 01/ 01/ 22 12/ 31/ 22
LIMITS OF LIABILITY $ 1, 000, 000 EACH CLAIM
1, 000, 000 ANNUAL AGGREGATE
PROJECT DESCRIPTION
CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten 10) days in advance for non- payment of premium. if the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured.
ISSUING COMPANY:
NAME AND ADDRESS OF INSURED. TERRA INSURANCE COMPANY
A Risk Retention Group)
Richard C. Slade Associates, LLC
14051 Burbank Blvd., Suite 300
Sherman Oaks, CA 91401 OJAV
President
1 AMENDMENT NO. 2
PROFESSIONAL SERVICES AGREEMENT
for
Hydrogeological Services - Beverly Manor Well Rehabilitation (CIP WT0904)
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Richard C. Slade & Associates, LLC
14501 Burbank Boulevard, Suite 300
Sherman Oaks, CA 91401
(818) 506-0418
This Amendment No. 2, dated September 12, 2022, amends that certain agreement (“Agreement”) dated September 27, 2021, as previously amended by Amendment No. 1 dated June 20, 2022, by and between the City of Seal Beach (“City”), a California charter city, and Richard C. Slade & Associates, LLC (“Consultant”), a California limited liability company. 2 RECITALS
A. City and Consultant are parties to the Agreement pursuant to which Consultant provides professional hydrogeological services for the Beverly Manor Well Rehabilitation, CIP WT0904 (“Project”).
B. Effective September 27, 2021, City and Consultant entered into an Agreement for Consultant to provide professional hydrogeological services for the Project.
C. Effective June 20, 2022, City and Consultant entered into an amendment to the Agreement (Amendment No. 1) to provide additional professional hydrogeological services for the Project.
D. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional hydrogeological services for the Project, increase Consultant’s compensation by $43,202, and extend the term of the Agreement to and including June 30, 2024, as provided herein.
AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
Section 1. Section 1.0 (Scope of Services) of this Agreement is hereby amended to add Subsection 1.1.2 to read as follows:
“ 1.1.2 Consultant shall provide those additional services set forth in the attached Exhibit A-2 (Proposal dated August 12, 2022), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1, Exhibit A-2, Exhibit B, and this Agreement as amended by Amendment No. 2, this Agreement shall control.”
Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows:
“2.0 Term
2.1 The term of this Agreement shall commence as of the Effective Date and shall expire midnight on June 30, 2024, unless previously terminated as provided by Section 5.0 of this Agreement or extended by the City Manager with 30 days’ prior notice.”
Section 3. Section 3.0 (Consultant’s Compensation) of this Agreement is hereby amended in its entirety to read as follows:
3 “3.0 Consultant’s Compensation
3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for Services, Exhibit A-1 and Exhibit A2 for Additional Services, but in no event will the City pay more than the total notto-exceed amount of $71,635 for the Services (Exhibit A) and Additional Services (Exhibit A-1 and Exhibit A-2) for the Term.
3.2. Consultant will not be compensated for any work performed not authorized by City and specified in Section 1.0, Scope of Services, unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Manager pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A, Exhibit A-1, and Exhibit A-2.” Section 4. All references to the term “Agreement” throughout Sections 1.0 through 35.0, inclusive, of the Agreement are hereby modified to include the Agreement dated September 27, 2021, Amendment No. 1 dated June 20, 2022, and this Amendment No. 2 dated September 12, 2022, as if all those terms are fully set forth therein.
Section 5. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, and as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, and as previously amended by Amendment No. 1, the provisions of this Amendment No. 2 shall control.
Section 6. The persons executing this Amendment No. 2 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 2
4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto:
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
By:
Gloria D. Harper, City Clerk
Approved as to Form:
By:
Craig A. Steele, City Attorney
CONSULTANT: Richard C. Slade &
Associates, LLC, a California limited
liability company
By:
Richard C. Slade
President
By:
Linda N. Slade
Secretary
(Please note, two signatures required for corporations
under Corp. Code §313, unless corporate documents
authorize only one person to sign this Agreement on
behalf of the corporation.)
5 EXHIBIT A-2 FOR AMENDMENT NO. 2 –
CONSULTANT’s Additional Services
RICHARD C. SLADE & ASSOCIATES LLC
CONSULTING GROUNDWATER GEOLOGISTS
14051 BURBANK BLVD., SUITE 300, SHERMAN OAKS, CALIFORNIA 91401 SOUTHERN CALIFORNIA: (818) 506-0418 • NORTHERN CALIFORNIA: (707) 963-3914 • WWW.RCSLADE.COM August 12, 2022
Ms. Iris Lee
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
via e-mail: [email protected]
RCS Job No. 705-OGE02
Re: Proposal for Phase 3 Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of Beverly Manor Well
City of Seal Beach, California
Dear Ms. Lee,
In response to your recent telephone conversation with Mr. Joseph Amar, Richard C. Slade & Associates LLC, Consulting Groundwater Geologists (RCS), is pleased to submit this proposal for providing continued hydrogeologic services in regard to providing field services for Field Monitoring of Rehabilitation Operations and Reporting for the existing City of Seal Beach Beverly Manor Well.
Previously, RCS had provided to the City its August 31, 2021-dated proposal for Initial Preliminary Hydrogeologic Services for the evaluation of the existing Beverly Manor Well (Phase 1), and its June 3, 2022-dated proposal for preparing Technical Specifications for the Beverly Manor Well rehabilitation operations (Phase 2). This current Phase 3 proposal assumes that all Phase 1 and 2 hydrogeologic services have been completed, and that the rehabilitation work has been awarded to a contractor using the Technical Specifications developed by RCS for the project as part of those prior Phase 1 and 2 services.
Proposed Scope of Continued Hydrogeologic Services
PHASE 3 – Well Rehabilitation Services –
Field Monitoring of Rehabilitation Operations and Reporting The proposed Phase 3 Scope of Hydrogeologic Services described herein is a continuation of the Phases 1 and 2 services discussed in the prior August 31, 2021 and June 3, 2022 proposals and is based on our significant experience in the rehabilitation of wells throughout Southern California.
Most recently, RCS has maintained multiple contracts with the Irvine Ranch Water District (IRWD), the City of Chino, and the City of Anaheim during which more than a dozen wells have been rehabilitated to date. This most recent experience has allowed RCS to develop an efficient and cost-effective approach to conducting effective well rehabilitation programs on long-idle wells.
This experience is directly applicable to the rehabilitation of the City’s Beverly Manor Well.
Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-2-
Task 3.1 – Field Monitoring of Well Rehabilitation Operations Once a contract has been awarded to the successful Contractor by the City, RCS geologists will be available to provide field observation of Contractor activities during the rehabilitation of the Beverly Manor Well. This observation is to provide the City with a basic record of Contractor activities at the site and to help document that the Contractor performed the work in compliance with the Technical Specifications. Tasks that RCS will perform during the rehabilitation project would likely consist of the following:
O Subtask 3.1.1: Initial Brushing, Bailing, and WaterSolvTM Treatment. Observe the WatersolvTM (hydrogen peroxide) treatment, wire brushing of the well casing and its perforations, and removal of sediment fill via bailing. It is anticipated that chemical treatment will be initially performed using WaterSolvTM to further clean the casing and, thereby, render the full interior walls of the entire casing more visible for observation by the subsequent video of possible holes and the degree of plugging of the casing.
The RCS geologist will be present to observe the chemical and the brush, to check if it is of the correct diameter, and to observe this brushing. It is anticipated, at this time, that two days of brushing and bailing will be performed.
O Subtask 3.1.2: “Air-Jetting”. Observe Air-jetting” methods conducted by the Contractor. At the current time, it is anticipated that the AirBurst® or BoreBlast® methods will be utilized by the Contractor. An RCS geologist will be present on a parttime basis onsite when the selected method is being performed.
O Subtask 3.1.3: Downwell Video Surveys. Following air-jetting, a video survey of the well will be performed to help assess whether a swage patch(es) or casing liner is recommended in the well. A total of three (3) video surveys are to be performed throughout the rehabilitation of the well. An RCS field geologist will be present at the well to observe the three video surveys.
O Subtask 3.1.4: Chemical Treatment. Performing chemical development of the well.
This chemical development will involve the use of HerChemTec-formulated chemical mixtures (or similar) and injection into the well by the Contractor selected by the City to perform the work. The onsite RCS geologist will record the volumes and types of chemicals used in the process and during use of a dual-swab tool for chemical emplacement.
O Subtask 3.1.5: Swabbing & Airlifting. Monitor on a part-time basis the dual swab airlifting and swabbing which will be conducted to remove the chemicals and further help redevelop the well. Following this work, the Contractor will install a temporary test pump in the well.
O Subtask 3.1.6: Pumping Redevelopment. RCS will be present on a part-time basis, during startup and near the end of pumping development at the well. RCS will obtain the pumping development sheets from the pumper on a daily basis during the redevelopment process.
O Subtask 3.1.7: Pumping Tests and Dynamic Flowmeter Survey. Pumping tests will follow pumping redevelopment. This testing will consist of a 12-hour step drawdown Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-3-
test and a 24-hour constant rate pumping test. RCS will also temporarily equip the well with a downwell pressure transducer to automatically record changes in water levels during testing. Manual water level data will also be acquired on a part-time basis by the pumper and/or the RCS geologist to help corroborate the transducer data.
Near the end of testing, a dynamic spinner survey will be performed in the Beverly Manor Well. RCS field staff to be present for this end-of-test task.
Select water samples will be collected by the onsite field geologist for the City who will then deliver the samples to the City’s laboratory of choice for testing of selected constituents like PFAS. Further, the onsite field geologist will measure specific field water quality parameters while onsite, including temperature, electrical conductivity, pH, and turbidity as required by the NPDES permit. It is assumed that the Contractor will discharge all fluids using the City’s General Statewide National Pollutant Discharge Elimination System (NPDES) permit and the Contractor’s crew will record field measurements of water quality for analysis to verify that they are fulfilling the reporting requirements of the permit.
O Subtask 3.1.8: Static Spinner Survey. Following test pump removal, a final video and static spinner survey of the rehabilitated well will be performed to help document the final post-rehabilitation condition of the casing. An RCS field geologist will be present at the well to observe these final surveys.
O Subtask 3.1.9: Final Well Disinfection. Following final video and static spinner surveys, the Contractor will disinfect the well before capping it while the permanent pump is being procured. An RCS field geologist will be present at the well to observe the final well disinfection.
O Subtask 3.1.10: Installation of Swage Patch(es) (If Necessary). It is anticipated that the installation of one to three swage patches could be needed for the Beverly Manor.
Thus, RCS will be present to observe the installation of these swage patch(es) in the well, if necessary. This will include RCS time for reviewing the caliper survey, to check for diameters of the casing for possible obstructions. This will also include a video survey of the swage, following its installation in the well.
O Subtask 3.1.11: Well Liner Installation (If Necessary). This subtask is the same as Subtask 3.1.10 but it is for possible liner installation. If a full casing liner is needed, it is anticipated that an RCS geologist will be at the well for three (3) days to observe the installation of a new liner and gravel pack around that liner.
Note, that at this time, it is unknown if the Beverly Manor Well might require swage patches or a full casing liner to address the structural integrity of the well. However, review of the preliminary data acquired to date shows the use of a full casing liner is unlikely. If the deeper portions of the well are to reveal new data and based on the casing thickness inspection survey performed in the last phase of work, it is not likely that a full casing liner will be needed.
If any part of this Phase 3 Scope of Hydrogeologic Services suggests that swage patches or a full casing liner is necessary in the well, written authorization from the City will need to be obtained prior to conducting such liner work on the well.
Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-4-
Task 3.2 – Preparation of Summary of Well Rehabilitation Report Prepare a Summary of Well Rehabilitation Operations Report to help document rehabilitation operations in the well (including preliminary work performed by General Pump Company [GPC] in June 2022). The report will discuss the new rehabilitation operations and summarize RCS observations regarding the actual rehabilitation work performed in the Beverly Manor Well.
Importantly, final recommendations regarding a current operational pumping rate and a permanent pump depth setting will be provided in the report.
It should be noted, RCS is fully aware that time is of the essence during the project and RCS plans to prepare a preliminary table presenting the RCS recommended final operational pumping rate and pump depth setting and providing that preliminary draft table to John Loague’s team at AKC Engineering (AKC). The preliminary draft table of RCS pumping recommendations shall be prepared and submitted to AKC approximately two weeks following the constant rate pumping test in the Beverly Manor Well.
This Summary of Well Rehabilitation Report will consist of the following:
o A basic chronologic history of the recent well rehabilitation operations. o A description of each method used and the results of those methods. o Daily field reports by the onsite field geologist.
o An evaluation/analysis of the final pumping test in the well and an assessment of new pumping capacities and specific capacities.
o Recommendations for the pump depth setting and pumping rate for the permanent pump o Discussion of the water quality conditions based on the final water quality sampling results. o Occasional photographs to help document selected rehabilitation methods. o Supporting documentation on well rehabilitation operations, including but not limited to, the types and volumes of chemicals, the Contractor’s daily records, pumping development and testing sheets, and laboratory results of collected samples. o The report will have attendant tables, figures and drawings to help document work conducted on the well.
A Draft report will be submitted to the City for review and comment. Following that review, the comments received will be incorporated and a final electronic version of the document will be submitted.
Cost Estimate & Schedule
For the proposed project, the total estimated combined costs for professional hydrogeologic services by RCS for completing Tasks 3.1 and 3.2 as described above are as follows:
PHASE 3 Well Rehabilitation Services
Task 3.1 Field Monitoring of Rehabilitation Operations $30,016 Task 3.2 Preparation of Summary Well Rehabilitation Report $12,132
2.5% Communications Fee: $ 1,054
Phase 2 Total: $43,202
Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-5-
Payment will be based on the hours worked and on the current RCS Schedule of Charges. RCS services accrue on a time and expense basis in accordance with the attached Schedule of Charges.
It is anticipated that RCS can accommodate the Contractor’s schedule for the work, once the project is awarded.
The estimated costs above do not include any contractor costs that are necessary for site preparation, contractor mobilization, the video log surveys, the actual rehabilitation work, proper testing and testing of fluids to meet discharge requirements, or other Contractor-provided services.
Based on recent rehabilitation work in southern California, RCS estimates the costs for these Contractor services could be on the order of:
• Well Rehabilitation Contractor Costs ≈ $325K
The well rehabilitation contractor costs estimated above assumes that the Beverly Manor Well will not require swage patches or a casing liner to be installed as part of the rehabilitation work. If a casing liner is necessary, assuming stainless steel is used, the costs could increase by ~$250K or more. The estimate above also does not include the cost of equipping the well with a permanent pump and other above-ground appurtenances following the rehabilitation work.
Standard of Performance; Disclaimer of Warranties
Level of Service. RCS offers different levels of groundwater consulting Services to suit the specific desires and needs of a variety of clients. Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability of error, but at increased time and cost. Client must determine the level of groundwater consulting Services adequate for its current purposes. Client has reviewed our current Scope of Services described above and has determined that it does not need or want a greater level of Services than that being provided at this time.
Standard of Care. Subject to the limitations inherent in the agreed upon Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, RCS will perform its Services consistent with that level of care and skill ordinarily exercised by other professional groundwater geologists practicing in the same locale and under similar circumstances at the time the Services are performed.
No Warranty. No warranty, express or implied, is included or intended by this Agreement.
Allocation of Risk
Limitation of Remedies. The total cumulative liability of RCS, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Entities”), to Client arising from Services under this Agreement, including attorney’s fees due under this Agreement, will not exceed the gross compensation received by RCS under this Agreement or $43,202.00, whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in RCS’s Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client’s written request, RCS and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in RCS’s fee, provided that they amend this Agreement in writing.
Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-6-
Disputes
Mediation. All disputes between Entities and Client are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice.
Precondition to Other Action. No action or suit may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice.
Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the State of California in which the current Project is located. Unless the parties agree otherwise, any mediation or other legal proceeding will occur in this state in which the Project is located.
Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Entities’ s Services under this Agreement, or the date on which claimant knew, or should have known, of facts giving rise to its claims.
CLOSURE
We appreciate this opportunity to submit this Phase 3 proposal for providing the City of Seal Beach with hydrogeologic services related to field monitoring of rehabilitation operations and reporting for the Beverly Manor Well. If you have any questions regarding this proposal, please contact Joseph Amar via email ([email protected]).
Very truly yours,
RICHARD C. SLADE & ASSOCIATES, LLC
Richard C. Slade
President and Principal Groundwater Geologist
Proposal for Continued Hydrogeologic Services
Field Monitoring of Rehabilitation Operations and Reporting for Rehabilitation of the Beverly Manor Well
City of Seal Beach, California
-7-
SCHEDULE OF CHARGES
January 2022
Professional Services Hourly Rates
President $300.00
Principal $256.00
Senior Groundwater Geologist $220.00
Staff Groundwater Geologist $190.00
Field Groundwater Geologist $128.00
Clerical $ 98.00
Field Equipment Charges
Pressure Transducers (water level & barometric $ 50.00/wk. pressure monitoring during pumping tests)
Electric Tape Water Level Probe $ 25.00/day
Field Water Quality Probe (T, pH, EC) $ 50.00/day
Litigation, Depositions and Testimony
Depositions and trial testimony are charged at twice the hourly rate (4-hour minimum/day).
Travel Time and Mileage
Travel time for meetings and/or to job sites will be charged at our standard hourly rates. Mileage is charged at the current IRS rate.
Administrative Fee
In-house costs for phone, e-mail, fax, regular postage, printing, copying, binding, and records retention, unless otherwise provided for in our project proposal Scope of Services, will be charged an Administrative Fee of total project labor charges multiplied by 2.5%.
Outside Services
Any services and materials not ordinarily furnished by RCS, including subcontracted services (i.e., water quality laboratory testing), delivery services, reproduction and printing, etc., are billed at cost + 15%. Reproduction costs for large format printing, and/or high volume reproduction and binding of hard copy reports performed in-house by RCS staff, will be billed at rates similar to comparable outside services.
Conditions
RCS reserves the right to update this Schedule of Charges on January 1 of each year (the beginning of our Fiscal Year). Invoices are issued at our option on a monthly basis or when the work is completed.
A service charge of 1½% will be payable on any amount not paid within 30 days. Any attorney fees or other costs incurred in collecting delinquent charges shall be paid by the client.
Client will furnish rights-of-way to land as required for field visits and field operations, such as sampling or testing of water wells.
HOURS COST HOURS COST HOURS COST HOURS COST HOURS COST HOURS COST TASK 3.1
Subtask 3.1.1 0 $0 0 $0 1 $220 1 $190 12 $1,536 0 $0 14 $120 $2,066 Subtask 3.1.2 0 $0 0 $0 1 $220 1 $190 8 $1,024 0 $0 10 $60 $1,494 Subtask 3.1.3 1 $256 1 $256 1 $220 2 $380 18 $2,304 1 $98 24 $180 $3,694 Subtask 3.1.4 1 $256 1 $256 1 $220 2 $380 12 $1,536 0 $0 17 $120 $2,768 Subtask 3.1.5 1 $256 1 $256 2 $440 2 $380 12 $1,536 1 $98 19 $120 $3,086 Subtask 3.1.6 0 $0 0 $0 2 $440 1 $190 6 $768 0 $0 9 $60 $1,458 Subtask 3.1.7 1 $256 1 $256 2 $440 1 $190 24 $3,072 1 $98 30 $180 $4,492 Subtask 3.1.8 0 $0 0 $0 0 $0 1 $190 6 $768 1 $98 8 $60 $1,116 Subtask 3.1.9 0 $0 0 $0 0 $0 1 $190 6 $768 0 $0 7 $60 $1,018 Subtask 3.1.10 0 $0 1 $256 1 $220 1 $190 12 $1,536 0 $0 15 $120 $2,322 Subtask 3.1.11 1 $256 1 $256 1 $220 1 $190 40 $5,120 0 $0 44 $240 $6,282 5 $1,500 6 $1,536 12 $2,640 14 $2,660 156 $19,968 4 $392 197 $1,320 $30,016 TASK 3.2 2 $600 2 $512 4 $880 50 $9,500 0 $0 5 $490 61 $150 $12,132 SUBTOTAL: $42,148
$1,054
$43,202
Final Well Disinfection
Static Flowmeter Survey
$300 $98
Downwell Video Surveys
Pumping Development
Pumping Tests & Dynamic Flowmeter Survey
PHASE 3 - FIELD SERVICES AND REPORTING
(Optional) Liner & Gravel Pack Installation
SUBTOTAL TASK 3.1>>>
Preparation of Summary Well Rehabilitation Report
2.5% COMMUNICATIONS FEE:
TOTAL ESTIMATED COSTS FOR RCS SERVICES:
Initial Brushing, Bailing, WaterSolv Treatment
Air-Jetting
Chemical Treatment
Mechanical Development
(Optional) Casing Patches
Field Monitoring of Rehabilitation Operations
$190 $128
PRESIDENT
GROUNDWATER
GEOLOGIST
TABLE 1
RCS COST ESTIMATE
FOR CITY OF SEAL BEACH BEVERLY MANOR WELL REHABILITATION AUGUST 2022
TASK LISTING
PRINCIPAL
GROUNDWATER
GEOLOGIST
SENIOR
GROUNDWATER
GEOLOGIST
STAFF
GROUNDWATER
GEOLOGIST
FIELD
GROUNDWATER
GEOLOGIST
CLERICAL
PERSONNEL TOTAL
MAN-HOURS
DIRECT
COSTS
TOTAL
TASK
COST
$256 $220
BILLING RATES, HOURS AND COSTS
Agenda Item I
AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Barbara Arenado, Director of Finance/City Treasurer SUBJECT: Update City Cost Recovery Schedule
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council adopt the Resolution 7330 updating and establishing user and regulatory fees, charges, rates, and fines.
BACKGROUND AND ANALYSIS:
On October 25, 2021, the City Council conducted a study session to review and provide feedback on updating the City’s Cost of Recovery Fee Schedule. The City Council approved staff to move forward on the Cost Recovery Schedule update and on December 13, 2021, the City Council adopted the first phase of the Cost Recovery Schedule for the updated development-related user and regulatory fees that included Community Development and Public Works (building, planning, engineering and encroachment permit fees). Staff is returning with the second and final phase of the fee study that includes administrative fees, Public Safety fees and charges, Community Services recreation fees and charges, and utility-related fees and charges (non-utility rate items).
Staff annually reviews user and regulatory fees, charges, rates, and fines as part of the City’s normal course of operations. Periodically, adjustments are made to improve the correlation between the City’s cost of providing services and the fees and charges imposed to recover those costs. If fees remain unchanged while the City’s costs increase, the City’s cost recovery levels will decrease. Development related fees adopted by the City Council on December 13, 2021, are included in the updated Cost Recovery Schedule (Attachment A, Exhibit A). No changes are proposed to previously adopted updates. The amounts are included in the attached resolution to provide a comprehensive Cost Recovery Schedule for documentation purposes (Attachment A).
Legal Requirements
All adjustments to fees are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees and charges are not a tax as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City’s activities and services addressed in the fees. Additionally, the manner in which the costs are allocated to a payor bear a fair and reasonable relationship to the payor’s burdens on, or benefits received from the activities and services provided by the City. Staff recommends that changes approved pursuant to this item become effective December 1, 2022.
Overview of Changes Proposed
Illustration of Proposed Changes (Attachment B) provides a detailed listing of proposed changes. The attachment includes a side-by-side comparison of current and proposed fees and charges. User and Regulatory Fees Fee-Related Cost of Services Analysis (Attachment C) includes the cost of services analysis used to determine the proposed fee changes. The cost-of-service analysis includes detailed calculations of the fully burdened hourly rates for staff performing fee-related services, service times required for processing typical permit/application reviews, and current and proposed cost recovery information.
Similar fees are collected by communities throughout the region and the State.
The proposed fees, in some instances, target less than the City’s full cost of service in order to reflect broader community goals and values, to comply with state mandates, and to allow for fees to remain in-line with fees collected by neighboring agencies for similar services.
Summary of Proposed adjustments in Phase 2
• Most fees and charges are proposed to increase by approximately 3.83%.
This represents the prior year annual change (2020 to 2021) in the all-urban Consumer Price Index for Los Angeles-Long Beach-Anaheim (“CPI”).
Following historical precedent most fees are proposed for adjustment to reflect this inflationary change. It is important to note, the prior year all-urban
CPI does not include current inflationary pressures the region is currently experiencing estimated at approximately 6% as of June 2022. At the conclusion of the 2022 calendar year, updated regional CPI information will be published and is anticipated to be used to inform subsequent adjustments to the City’s cost recovery schedule.
• Utility Billing Service Fees have been recalibrated to more closely reflect the City’s current cost of service. In some instances, proposed fees target less than the City’s full cost of service, as outlined above. Usage-related rates and charges governed by Article XIIID of the California Constitution (commonly referred to as Prop 218) are not examined as part of this study. • Public Safety Fees, Charges, Rates, and Fines:
• Public Safety fines and fees for services such as fingerprinting, vehicle impound, false alarm response, are primarily proposed for update to reflect prior year regional cost inflation of 3.83%, as noted above. • Dog license fees are proposed to increase by $5 to allow the City to recover costs of increased vendor provided licensing services. • Animal impound fees are proposed to scale based on the number of impounds per animal.
• Similar to the City’s other public safety services, most animal control programming costs will continue to be subsidized.
• Recreation Fees and Charges:
• Tennis Center Fees and Charges are proposed to differentiate between resident and non-resident membership fees.
• Non-resident fees are proposed at a 20% premium to resident fees. • Adjustments include aligning pickleball membership fee categories to tennis membership fee categories.
• Additionally, to align to the current tennis membership structure, pickleball membership categories will now be available for individual, couple, family, and junior members.
• Reserved Facility Use, Special Event Permitting, and Commercial Filming and Photography permitting are primarily proposed for update to reflect prior year regional cost inflation of 3.83%, as noted above. • Junior Lifeguard Fees are proposed for adjustment to reflect anticipated increases in personnel costs, and materials and supplies costs (participant backpacks, uniforms):
• This program continues to be in high demand (capacity limits).
Residents will continue to be prioritized via a discounted rate. • Aquatics Class Fees are proposed to increase by $20 - $25
ENVIRONMENTAL IMPACT:
Adoption of updated costs and charges is not considered a project as defined by the California Environmental Quality Act (CEQA) based on Section 15273 of the CEQA Guidelines. No other CEQA action is required.
LEGAL ANALYSIS:
The City Attorney’s Office has reviewed this report.
FINANCIAL IMPACT:
The citywide fiscal impact of the recommended action is not expected to be significant overall. The recommendations generally include minor increases and decreases to the existing fee levels. The anticipated revenue impact of the proposed changes included in the fee schedule update is $72,000. Additional revenues expected from proposed changes to fees and charges are intended to offset the cost of providing existing services associated with those fee-related functions. Additional fee revenues are not intended to fund new services.
STRATEGIC PLAN:
This item will aid in the City’s goal of achieving short and long-term fiscal sustainability. Recovering the costs of providing services directly influences the City’s fiscal sustainability and reimburses the City for services requested by a single party, as compared to the public at large.
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 the Resolution 7330 updating and establishing user and regulatory fees, charges, rates, and fines.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Jill R. Ingram
Barbara Arenado, Director of
Finance/City Treasurer
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7330
B. Illustration of Proposed Changes
C. Cost of Service Analysis
ATTACHMENT A - RESOLUTION
1 RESOLUTION 7330
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
UPDATING AND ESTABLISHING USER AND REGULATORY
FEES, CHARGES, RATES, AND FINES
WHEREAS, User and regulatory fees, charges, rates, and fines are established by the City Council; and,
WHEREAS, the City recently completed a study to identify the cost of providing various user and regulatory fee-related services; and,
WHEREAS, the study examined fee-related services provided by the City, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and,
WHEREAS, the City Council finds that providing these services is of special benefit to applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from applicants who have sought or require the City's services by revising its schedule of fees; and,
WHEREAS, the City Council hereby finds that the study provides adequate evidence to conclude that the revised fees do not exceed the cost to provide the services for which the fees are charged; and,
WHEREAS, the City Council desires that annually the City Manager may update the fees, charges, rates, and fines based on the annual percentage change in the all-urban Consumer Price Index for Los Angeles-Long Beach-Anaheim, CA (CPI). If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. In adopting this Resolution, the City Council is taking action only on those amounts for the services, programs or products set forth in Exhibit “A” which have been modified from prior resolutions of the City Council. The remaining fees, charges, fines, or other amounts that have not been modified from prior resolutions shall remain in full force and effect. This resolution is not intended, and shall not be construed, as the imposition, extension, or increase of any such tax, fee, or charge, except as provided herein.
2 Section 2. The adoption of this Resolution determines fees for the purpose of meeting the operating expenses of City departments and will result in no physical change to the environment and is therefore exempt from the California Environmental Quality Act.
Section 3. Fees adopted by this Resolution shall be effective December 1, 2022.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 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 7330 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th day of September, 2022.
Gloria D. Harper, City Clerk
Cost Recovery Schedule
Available Online at www.sealbeach.gov
Fee Description Page
ADMINISTRATIVE FEES 1
BUILDING FEES 2
CONSTRUCTION TAXES, DEVELOPMENT IMPACT FEES, IN-LIEU FEES 16 PLANNING FEES 20
ENGINEERING AND ENCROACHMENT PERMIT FEES 23
SEWER AND WATER SERVICES FEES 26
UTILITY BILLING FEES 30
POLICE DEPARTMENT FEES 31
ANIMAL CONTROL FEES 33
PARKING FEES, RATES, AND CHARGES 34
PARKING VIOLATION FINES AND FEES 35
RECREATION FEES 37
JUNIOR LIFEGUARD AND AQUATICS FEES 45
SPECIAL EVENT FEES 47
FILMING AND PHOTOGRAPHY FEES 48
BUSINESS LICENSE TAX AND PERMITS 49
NEWS RACKS 53
UNSPECIFIED COSTS 54
City of Seal Beach
COST RECOVERY SCHEDULE
Note: This schedule does not include all fees, rates, or charges that may be imposed by the City of Seal Beach. Examples of excluded items include, but are not limited to, utility rates.
City of Seal Beach
ADMINISTRATIVE FEES
Fee Unit Note
A. Documents
1 Copy Charge
a) 8.5" x 11" $0.25 per page
b) 8.5" x 14" and 11" x 17" $0.50 per page
c) Color Copies $0.50 per page
2 Preparation of Electronic Media $8 per USB
3 Preparation of Custom Reports Actual Hourly Cost per request 4 Municipal Code, Master Plans, Budget Reports, Etc. Available Online 5 Economic Interest Disclosure and Campaign Statements $0.10 per page [a] 6 Candidate Filing Fee $25 [b]
7 Notice of Intent to Circulate Petition $200 [c]
8 Certified Copy of City Document $8
9 Residency Verification $8
10 Credit Card Processing Fee 3% Percent of fees paid by credit card
11 Postage Actual Cost per request
B. Returned Items
1 Returned Items / Non-Sufficient Funds Transactions / Etc. $25 for first; $35 each additional C. Infraction / Administrative Penalties
1 Infraction Penalty - In a 12 month time period
a) First Offense $500
b) Second Offense $750
c) Third Offense $1,000
2 Administrative Penalty - In a 12 month time period
a) First Offense $100
b) Second Offense $200
c) Third Offense $500
3 Administrative Hearing Deposit $1,500
[a] Government Code Section 81008.
[b] Elections Code Section 10228. Fee is non-refundable. [c] Elections Code Section 9202. Fee is refundable.
Activity Description
1 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 HVAC Change-Out - Residential $64 per permit
2 HVAC Change-Out - Commercial (per unit) $214 per permit 3 Residential Solar Photovoltaic System - Solar Permit
a) 15kW or less $299 per permit
b) Above 15kW – base $299 per permit
c) Above 15kW – per kW $15 per permit
4 Commercial Solar Photovoltaic System - Solar Permit
a) 50kW or less $1,000 per permit
b) 50kW – 250kW – Base $1,000 per permit
c) 50kW – 250kW – per kW above 50kW $7 per permit
d) Above 250kW – base $2,400 per permit
e) Above 250kW – per kW $5 per permit
5 Service Panel Upgrade - Residential $74 per permit
6 Service Panel Upgrade - Commercial $214 per permit
7 Water Heater Change-Out $30 per permit
8 Line Repair - Sewer / Water / Gas $147 per permit
9 Re-Roof
a) Up to 2,000 SF $257 per permit
b) Each Add'l 1,000 SF or fraction thereof $86 per permit 10 Demolition $128 per permit
11 Swimming Pool/Spa
a) Swimming Pool / Spa $855 per permit
b) Detached Spa / Water Feature $257 per permit
c) Gunite Alteration $428 per permit
d) Equipment Change-out Alone $214 per permit
A. Fees for Commonly Requested Stand-Alone Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California).
Activity Description
2 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
A. Fees for Commonly Requested Stand-Alone Building Permit Types. Fees shown in this section (Section A.) include all applicable inspection, and plan review fees). Additional fees apply for permit processing and services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California).
Activity Description
12 Patio
a) Standard (Wood/Metal Frame)
i) Up to 200 SF $214 per permit
ii) Greater than 200 SF $299 per permit
b) Upgraded (with electrical, stucco, fans, etc.)
i) Up to 200 SF $428 per permit
ii) Greater than 200 SF $513 per permit
13 Window / Sliding Glass Door / Sola-Tube
a) Retrofit / Repair
i) Up to 5 $128 per permit
ii) Each additional 5 $43 per permit
b) New / Alteration
i) First $257 per permit
ii) Each additional $64 per permit
3 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Block Wall / Retaining/Combo Wall
a) Block Wall
i) First 100 LF $128.25
ii) Each additional 50 LF $28.50
b) Retaining / Combination Wall - Each 50 LF $57.00
2 Fence
a) First 100 LF $128.25
b) Each additional 50 LF $28.50
3 Sign
a) Monument Sign - First $256.50
b) Monument Sign - Each Additional $28.50
c) Wall/Awning Sign - First $142.50
d) Wall/Awning Sign - Each Additional $28.50
4 Tent
a) Up to 1,000 SF $128.25
b) Each additional 1,000 SF or fraction thereof $28.50
* Current fees vary based on project valuation.
B. Miscellaneous Item Permits
Activity Description
4 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Electrical Services
a) Each service switch 300 volts or less $0.30 per amp
b) Each service switch 301 to 600 volts $0.35 per amp
c) Each service switch over 600 volts $0.40 per amp
2 Electrical Systems in new structures or building
additions – the following charges shall apply to electrical systems contained within or on any new structure,
including new additions to existing structures
a) Warehouse - that part which is over 5,000 SF $0.021 per SF b) Storage garages where no repair work is done $0.021 per SF c) Aircraft hangers where no repair work is done $0.021 per SF d) Residential accessory buildings attached or
detached such as garages, carports, sheds, etc.
$0.043 per SF
e) Garages and carports for motels, hotels, and
commercial parking
$0.043 per SF
f) Warehouses up to and including 5,000 SF $0.043 per SF g) All other occupancies not listed area that is over
5,000 SF
$0.043 per SF
h) for all other occupancies not listed up to and
including 5,000 SF
$0.086 per SF
i) for temporary wiring during construction $0.017 per SF 3 Temporary Service
a) Temporary for construction service, including poles or pedestals
$57 each
b) Approval for temporary use of permanent service
equipment prior to completion of structure of final
inspection
$57 each
c) Additional supporting poles $14 each
d) Service for decorative lighting, seasonal sales lot, etc. $29 each 4 Miscellaneous
a) Area lighting standards
i) up to and including 10 on a site $14 each
ii) over 10 on a site $6 each
b) Private residential swimming pools, including supply wiring, lights, motors, and bonding
$57 each
c) Commercial swimming pools $114 each
d) Inspection for reinstallation of idle meter (removed by utility company)
$29 each
C. Electrical Code Fees
Activity Description
5 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
C. Electrical Code Fees
Activity Description
5 Illuminated Signs - New, Relocated, or Altered
a) Up to and including 5 sq ft $29
b) Over 5 sq ft and not over 25 sq ft $43
c) Over 25 sq ft and not over 50 sq ft $57
d) Over 50 sq ft and not over 100 sq ft $71
e) Over 100 sq ft and not over 200 sq ft $86
f) Over 200 sq ft and not over 300 sq ft $100
g) Over 300 sq ft $0.35 per SF
6 Overhead Line Construction - poles and anchors $14 each 7 Alternate Cost Schedule
a) Alterations, additions, and new construction where
no structural work is being done or where it is
impractical to use a SF schedule; convert to units as
follows
$14 per unit
b) For each outlet where current is used or controlled $14 each c) For each lighting fixture where current is used or
controlled
$14 each
d) Switches $14 each
e) Subpanel $14 each
f) Feeder $14 each
g) Bathroom Exhaust Fan $14 each
8 Power Apparatus
For equipment rated in horsepower (HP), kilowatts (kW), or kilovolt- amperes (KVA), the charge for each motor,
transformer, and/or appliance shall be:
a) 0 to 1 unit $14
b) Over 1 unit and not over 10 units $29
c) Over 10 units and not over 50 units $43
d) Over 50 units and not over 100 units $57
e) Over 100 units $86
9 Miscellaneous apparatus, conduits, and conductors for electrical apparatus, conduits and conductors for which a permit is required, but for which no charge is herein set forth
$29 each
[a] For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used to compute the charges.
These charges shall include all switches, circuit breakers, contractors, relays, and other directly related control equipment. 6 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and back flow
protection)
$14 each
2 Building sewer and trailer park sewer $29 each
3 Rainwater system – per drain (inside building) $14 each 4 Cesspool (where permitted) $43 each
5 Private sewage disposal system $86 each
6 Water heater and/or vent $14 each
7 Gas piping system of 1 to 5 outlets $14 each
8 Additional gas piping system per outlet $3 each
9 Industrial waste pre-treatment interceptor, including its trap and vent, except kitchen type grease interceptors
functioning as fixture traps
$14 each
10 Water piping and/or water treating equipment –
installation, alteration, or repair
$128 each
11 Main Water Line $14 each
12 Drain, vent or piping (new) $14 each
13 Drainage, vent repair, or alteration of piping $14 each 14 Lawn sprinkler system or any one meter including back flow protection devices
$14 each
15 Atmospheric type not included in Item 12
a) 1 to 5 $14 each
b) 6 or more $3 each
16 Back flow protective devices other than atmospheric type vacuum breakers
a) 2 inch diameter or less $14 each
b) Over 2 inch diameter $29 each
D. Plumbing Code Fees
Activity Description
7 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
D. Plumbing Code Fees
Activity Description
17 Gray water system $86 each
18 Reclaimed water system initial installation and testing $57 each 19 Reclaimed water system annual cross-connection testing (excluding initial test)
$57 each
20 Sewer connection permit $43 each
8 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Forced are or gravity-type furnace or burner, including ducts and vents attached to such appliance - each
installation or relocation
a) To and including 100,000 BTU/H $29 each
b) Over 100,000 BTU/H $43 each
2 Floor furnace, including wall heater, or floor-mounted unit heater - each installation or relocation
$29 each
3 Suspended heater, recessed wall heater or floor mounted unit heater - each installation, relocation, or replacement $29 each
4 Appliance vent installed and not included in an appliance permit - each installation, relocation, or replacement
$14 each
5 Heating appliance, refrigeration unit, cooling unit,
absorption unit - each repair, alteration, or addition to and including 100,000 BTU/H
$29 each
6 Boiler or compressor to and including 3 horsepower, or absorption system to and including 100,000 BTU/H - each installation or relocation
$29 each
7 Boiler or compressor over 3 horsepower to and including 15 horsepower or each absorption system over 100,000
BTU/H to and including 500,000 BTU/H - each installation or relocation
$57 each
8 Boiler or compressor over 15 horsepower to and including 30 horsepower or each absorption system over 500,000
BTU/H to and including 1,000,000 BTU/H - each
installation or relocation
$86 each
9 Boiler or compressor over 30 horsepower to and including 50 horsepower or each absorption system over 1,000,000
BTU/H to and including 1,750,000 BTU/H - each
installation or relocation
$114 each
10 Boiler or compressor over 50 horsepower or each
absorption system over 1,750,000 BTU/H - each
installation or relocation
$171 each
11 Air-handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto
$14 each [a]
12 Registers $14 each
E. Mechanical Code Fees
Activity Description
9 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
E. Mechanical Code Fees
Activity Description
13 Air-handling unit over 10,000 CFM $29 each
14 Evaporative cooler other than portable type $14 each 15 Ventilation system which is not a portion of any heating or air conditioning system authorized by a permit
$14 each
16 Ventilation fan connected to a single duct $14 each
17 Installation or relocation of each domestic type
incinerator
$29 each
18 Installation of each hood that is served by mechanical exhaust, including ducts for such hood
$14 each
19 Installation or relocation of each commercial or industrial type incinerator
$114 each
20 Duct extensions, other than those attached $9 each
21 Gas Piping
a) Up to 4 outlets $14 each
b) Each additional outlet $3 each
22 Appliance or piece of equipment regulated by the
California Mechanical Code, but not classified in other appliance categories or for which no other charge is listed in this Code
$29 each
[a] This charge shall not apply to an air-handling unit that is a portion of a factory assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in this schedule. 10 City of Seal Beach
BUILDING FEES
Total Valuation Permit Fee
$500 or Less
$501 to $2,000 $108.00 for the first $500 plus $4.20 for each add'l $1,000 or fraction thereof, to and including $1,000
$2,001 to $25,000 $171.00 for the first $2,000 plus $22.31 for each add'l $1,000 or fraction thereof, to and including $1,000
$25,001 to $50,000 $684.00 for the first $25,000 plus $13.68 for each add'l $1,000 or fraction thereof, to and including $1,000
$50,001 to $100,000 $1,026.00 for the first $50,000 plus $13.68 for each add'l $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000 $1,710.00 for the first $100,000 plus $9.41 for each add'l $1,000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000 $5,472.00 for the first $500,000 plus $5.47 for each add'l $1,000 or fraction thereof, to and including $1,000,000
$1,000,001 and up $8,208.00 for the first $1,000,000 plus $4.65 for each additional $1,000 or fraction thereof over $1,000,000
Determination of Valuation for Fee-Setting Purposes
● Project valuations determined by most recent published International Code Council (ICC) Building Valuation Table or by Contractors signed contract. Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
Note: For construction projects with permit fees calculated using Section F, additional fees apply for permit processing. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), Technology Enhancement Fees, and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable.
F. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Combined Mechanical, Electrical, and/or Plumbing Permits
10% of permit valuation
11 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Plan Check Fees - Building
a) Building Plan Review Fee, if applicable 65% % of building permit fee
[a]
b) Mechanical, Electrical, or Plumbing Plan Review Fee, if applicable
65% % of permit fee [a]
c) Expedited Plan Check (when applicable) Additional 50% of standard plan check [a] d) State Accessibility Code Compliance, if applicable 5% % of building permit fee
[a]
e) State Mandated Energy Compliance, if applicable 5% % of building permit fee
[a]
f) Soils and/or Geotechnical Reports
i) In-House Review $684
ii) Third Party Review Actual Cost + 15% Admin Charge
g) Alternate Materials and Materials Review (per hour) $171 per hour h) Excess Plan Review Fee (4th and subsequent) (per hour) $171 per hour 2 Building Plan Check Fees - Public Works Engineering
(Fees Only Applied to Projects Requiring Review)
a) Swimming Pool $184
b) Block Wall $92
c) Fence $92
d) Sign $92
e) Alterations/Additions - Residential $138
f) New Construction - Single Family Residential $368
g) New Construction - 2-4 Residential Units $552
h) New Construction - 5+ Residential Units $1,104
i) New Construction - Non-Residential $736
j) Alterations/Additions - Non-Residential $184
k) Permits / Plan checks not listed above See footnote [b] G. Building Plan Review Fees
Activity Description
When applicable, plan check fees shall be paid at the time of application for a building permit.
The plan checking fee is in addition to the building permit fee [a] Includes up to three plan checks. The City will bill hourly for additional plan review required. [b] Engineer/technician to determine hours and applicable fee at time of application. 12 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
1 Permit Issuance $86 per permit
2 Technology / Geographic Information System Update (GIS) Fee - Fee x value of building levied with building permit $0.0015 fee x construction valuation
3 General Plan Revision Fee 0.25% % of construction valuation 4 Technical Training Fee $3.00 per permit
5 Plan Archival Deposit (Records Management) 2.0% % of building permit fee 6 Strong Motion Instrumentation (SMI) Fee Calculation [a] a) Residential $0.50 or valuation x
.00013
[a]
b) Commercial $0.50 or valuation x
.00028
[a]
7 Building Standards (SB 1473) Fee Calculation (Valuation) [a] a) $1 - $25,000 $1 [a]
b) $25,001 - $50,000 $2 [a]
c) $50,001 - $75,000 $3 [a]
d) $75,001 - $100,000 $4 [a]
e) Each Add'l $25,000 or fraction thereof Add $1 [a]
8 Duplication – Approved Plans
a) Sheets up to 8 ½” x 11” $0.25 per page
b) Sheets larger than 8 ½” x 11” and 11 x 17 $0.50 per page c) Large Format Sheet (24 x 36)
i) First sheet $5 per sheet
ii) Additional sheets $2 per sheet
iii) Color sheets $8 per sheet
9 Temporary Certificate of Occupancy $171
10 Demolition Permit $171
11 Contractor Business License
a) Contractor Business License $219
b) Deputy Inspector Contractor Business License $66
c) plus, State Mandated Fee $4 [a]
12 Renewal of Expired Permits 50% % of permit for new work provided no changes to original work
[b]
H. Other Fees
Activity Description
13 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
H. Other Fees
Activity Description
13 Special Services (Charged for Special Inspections of Affected Floor Area)
a) 0-2,500 sq ft $214
b) 2,501-5,000 sq ft $428
c) 5,001-7,500 sq ft $641
d) 7,501-10,000 sq ft $855
e) Each add'l 10,000 sq ft or fraction thereof $214
Violation Fee
14 Investigation Fee For Work Done Without Permits or Work Done Outside Scope of Permit
2x Permit Fee
Other Fees
15 Building Code Appeal $1,700 minimum fee;
initial deposit
[c]
16 Change of Use Inspection / Change of Occupancy Type / Certification of Compliance, etc.
$171 per inspection
17 After Hours Inspection (per hour) (2-hour minimum) $205 per hour; 2-hour min. 18 Re-inspection Fee (3rd Time or More) (each) $86 per inspection 19 Missed inspection Fee $86 per missed inspection
20 Fees for Services Not Listed in this Fee Schedule (per 1/2 hour)
$86 per 1/2 hour; 1/2 hour min.
21 Refunds
a) Fees Erroneously Paid or Collected by the City 100% refund [d] b) Fees Prior to Construction Being Commenced 80% refund of permit fee
[e]
c) Fees Prior to Plan Check Being Performed 80% refund of plan check fee
[e]
d) Expired Permits no refund [f]
[a] Fee established by State of California.
[c] The City reserves the right to collect additional fees to recover the costs of any specialized services required to review the appeal. [d] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [e] No fees are refundable once the work covered by them is commenced. [f] Whether work has commenced or not, no fees are refundable for any permit that has expired.. [b] Renewal fee applies for suspension or abandonment not exceeding one year, provided no changes have been made or will be made in the original plan and specifications for such work. For suspension or abandonment exceeding one year, or with changes, a full charge shall be required.
14 City of Seal Beach
BUILDING FEES
Fee Charge Basis Note
Recycling and Diversion of Construction and Demolition
Waste Program (Waste Management Plan)
1 Administrative charge $0.05 per sq ft of covered project 2 Deposit $1.00 per sq ft of covered project
3 Residential re-roofs
a) Residential re-roof permits (only) $500 deposit
b) Residential re-roof permits $45
Activity Description
15 City of Seal Beach
CONSTRUCTION TAXES, DEVELOPMENT IMPACT FEES
Fee Charge Basis Note
Construction Excise Tax
1 Rates
a) Residential Units – Type
i) Single Family $75
ii) Duplex $65 each
iii) Apartment $55 each
iv) Bachelor $50 each
v) Mobile Home Space $45 each
b) Commercial $0.01 per sq ft
c) Industrial $0.01 per sq ft
2 Delinquency Charge 25% Percent of tax plus interest (at prime lending rate per month)
Environmental Reserve Tax – For new residential living unit construction
3 Conforming unit – first 3 floors $1.51 per sq ft
4 Non-conforming unit – first 3 floors $3.51 per sq ft
5 Delinquency Charge 25% Percent of tax plus interest (at prime lending rate per month)
Non-Subdivision Park and Recreation
6 Single Family Dwelling $10,000 each single-family dwelling [a] 7 Other Residential Uses $5,000 each residential dwelling unit that is not a single-family dwelling
[a]
Activity Description
[a] Imposed to offset impacts to the City’s existing park and recreation facilities. Applies to units which result in a net increase to the City's housing stock.
16 City of Seal Beach
CONSTRUCTION TAXES, DEVELOPMENT IMPACT FEES
Fee Charge Basis Note
Transportation Facilities and Programs Development
(Traffic Impact Fees)
1 Shopping Center
a) Up to 175,000 sq ft $12.24 per sq ft of gross
leasable area
b) Over 175,000 sq ft $3.79 per sq ft of gross
leasable area
2 General Office Building $4.15 per sq ft of gross
leasable area
3 Quality Restaurant $9.40 per sq ft of gross floor
area
4 Hotel $866.95 per room or suite
5 Single Family Detached Housing $1,462.81 per dwelling unit 6 Multi Family Attached Housing
a) Apartment $959.95 per dwelling unit
b) Condominium $788.72 per dwelling unit
7 City Park $4,789.53 per acre
8 Other Land Use Types $1,588.76 per PM peak hour trip
generated
Activity Description
17 City of Seal Beach
CONSTRUCTION TAXES, DEVELOPMENT IMPACT FEES
Activity Description Fee Charge Basis Note
Transportation Facilities and Programs Development
Application Fee
9 Shopping Center
a) Up to 175,000 sq ft $1.82 per sq ft of gross
leasable area
b) Over 175,000 sq ft $0.55 per sq ft of gross
leasable area
10 General Office Building $0.59 per sq ft of gross
leasable area
11 Quality Restaurant $1.40 per sq ft of gross floor
area
12 Hotel $122.40 per room or suite
13 Single Family Detached Housing $218.20 per dwelling unit 14 Multi Family Attached Housing
a) Apartment $143.06 per dwelling unit
b) Condominium $119.45 per dwelling unit
15 City Park $711.37 per acre
16 Other Land Use Types $216.78 per PM peak hour trip
generated
18 City of Seal Beach
CONSTRUCTION TAXES, DEVELOPMENT IMPACT FEES
Fee Charge Basis Note
Main Street Specific Plan Zone In-lieu Parking Fees
1 In-lieu parking fee for uses on commercially zoned parcels located within the Main Street Specific Plan Zone
a) Fee Per Deficient Space $3,500.00 [a],[c]
b) Annual Fee Per Deficient Space $100.00 [b],[c]
Activity Description
[a] Fee per deficient space for all such uses established on or after September 1, 1996. Such fee shall be calculated by multiplying the number of parking spaces required for the use that is not provided either on-site or within 300 feet of the parcel on which the use is situated, by $3,500.
[b] Fee per deficient space for all such uses established prior to September 1, 1996 which are currently operating under an existing land use entitlement wherein, as a condition of approval, that applicant agreed to participate in the City's in-lieu parking program, except for those uses governed in footnote [c] hereafter. Such annual fee shall be calculated by multiplying the number of parking spaces required for the use that is not provided either on-site or within 300 feet of the parcel on which the use is situated, by $100. [c] For all such uses established prior to September 1, 1996 pursuant to a development agreement wherein the applicant agreed to participate in the City's in-lieu parking program, the fee per deficient space shall be specified in the applicable development agreement for the subject property.
19 City of Seal Beach
PLANNING FEES
Fee Charge Basis Note
1 Conditional Use Permit - Non-Residential Districts
a) Minor Conditional Use Permit (MCUP) $1,483 per application b) Conditional Use Permit (CUP) $7,416 per application
2 Design Review - Residential Districts
a) Minor Design Review $824 per application
b) Design Review $4,120 per application
3 Variance $3,708 per application
4 General Plan / Zoning Map Amendment $8,240 per application 5 Planned Unit Development $24,720 per application
6 Modification to Discretionary Approval
a) Minor - Staff Review 50% of current equivalent case fee per application b) Major - Planning Commission Review 50% of current equivalent case fee per application 7 Historical Preservation Designation $1,236 per application 8 Site Plan Review
a) Minor $3,090 per application
b) Major $5,933 per application
9 Radius Map Processing $300 per application
10 Concept Approval (Coastal) $1,236 per application
11 Specific Plan $24,720 per application
12 Appeal
a) Appeal by Applicant
i) Appeal to Director of Community Development $1,648 per appeal ii) Appeal to Planning Commission $3,296 per appeal
iii) Appeal to City Council $3,296 per appeal
b) Appeal by non-applicant (e.g., neighboring resident) i) Appeal to Director of Community Development $1,236 per appeal ii) Appeal to Planning Commission $2,472 per appeal
iii) Appeal to City Council $2,472 per appeal
13 Pre-Application $1,000 per case
14 Property Profile $618 per application
Activity Description
20 City of Seal Beach
PLANNING FEES
Activity Description Fee Charge Basis Note
15 Planning Commission Interpretation $824 per application 16 Sober Living Investigation Cost $2,225 per application 17 Temporary Banner Permit
a) One Banner $50 per application
b) Add'l Banner(s) $25 per application
18 Tentative Map
a) Parcel Map
i) Tentative Parcel Map $7,416 per application
ii) Tentative Parcel Map Revision $5,191 per application b) Tract Map
i) TTM - Less than 5 acres $9,270 per application
ii) TTM - 5 - 20 acres $11,124 per application
iii) TTM - More than 20 acres $14,832 per application
iv) TTM - Revision $5,933 per application
19 Special Event / Temporary Use Permit
a) TUP - Minor $618 per application
b) TUP - Major $1,854 per application
20 Signs
a) Sign Program
i) Sign Program Review $3,090 per application
ii) Sign Program Amendment
a) Staff Review $2,163 per application
b) Planning Commission Review $2,060 per application
b) Sign Permit
i) Sign Permit - Less than 30 SF $618 per application
ii) Sign Permit - More than 30 SF $927 per application
21 Development Agreement
a) Development Agreement Review $30,000 Dep per application b) Development Agreement Amendment $30,000 Dep per application 22 Extension of Time Review
a) Staff Review $824 per application
b) Planning Commission Review $1,648 per application
c) City Council Review $2,060 per application
21 City of Seal Beach
PLANNING FEES
Activity Description Fee Charge Basis Note
23 Environmental Assessment
a) Environmental Assessment/Initial Study $2,500 Dep per application b) Exemption $618 per application
c) Negative Declaration $10,000 Dep per application
d) Mitigated Negative Declaration $15,000 Dep per application e) Environmental Impact Report (EIR) Review $20,000 Dep per application 24 Public Works Engineering Plan Review
(Fees Only Applied to Projects Requiring Review) a) Site Plan Review i) Major $1,472 per application
ii) Minor $920 per application
b) Concept Approval - Coastal $276 per application
c) Specific Plan $10,000 Dep per application
d) Development Agreement $10,000 Dep per application
e) Environmental Assessment $10,000 Dep per application f) Permits / Plan checks not listed above See footnote per application [a] 25 Technology Fee (percent of fixed fee or hourly billing rate) 5% 26 Rates for Services Not Specified in this Schedule
a) In-House Planning Staff $206 per hour
b) Engineering Staff $184 per hour
c) Contract Service Support Actual + 15% Admin Time & M'tls [a] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application. 22 City of Seal Beach
ENGINEERING AND PUBLIC WORKS FEES
Fee Charge Basis Note
1 General Permits (no additional application fees)
a) Banner Permits $184
b) Temporary Street / Sidewalk Closure / Dumpster Permit $184 2 Small Wireless & Eligible Facilities
a) Permit Application Fee (up to 5 sites) $200
i) Each additional site $150
b)New Pole/Structure (each) $1,200
c)Permit Review Fee (per facility / site) $4,000
3 Permit Application Fee $184
4 Permit Time Extension/Reissuance $184
5 Archival Fee (calculated as % of permit, plan check, and inspection fees. Not application fees)
2.00%
6 Work without Permit 2x Base Fees
7 Utility Deposit Account Establishment $1,000/year
Activity Description
23 City of Seal Beach
ENGINEERING AND PUBLIC WORKS FEES
Activity Description Fee Charge Basis Note
8 Enroachment Permits
a)Encroachment Permit - Type A (no plan check) $200
b) Encroachment Permit - Type B (minor plan check required) See footnote [a] c) Encroachment Permit - Type C (major plan check required) T&M w/ deposit d) Non-Standard Enroachment Agreement $1,000
9 Development Plan Check Fees (up to 3 plan checks)
a) Single Dwelling Unit Residential $4,000
b) Double/Triple Dwelling Unit Residential $6,000
c) 4+ Dwelling Units T&M w/ deposit
d) Commericial/Industrial - I (<5,000 SF) $7,000
e) Commericial/Industrial - II (>5,000 SF) T&M w/ deposit f) Additional Rechecks (over 3 plan checks) $600
10 WQMP (up to 3 plan checks)
a) Single Dwelling Unit Residential $2,400
b) Double/Triple Dwelling Unit Residential $3,000
c) 4+ Dwelling Units T&M w/ deposit
d) Commericial/Industrial - I (<5,000 SF) $5,000
e) Commericial/Industrial - II (>5,000 SF) T&M w/ deposit f) Additional Rechecks (over 3 plan checks) $600
11 Subdivision
a) Lot Line Adjustment $2,000
b) Record of Survey $2,000
c) Parcel Map
i) Base Fee (per map) $3,000
ii) Additional Per Lot Fee $100
e) Tract Map T&M w/ deposit
f) Certificate of Compliance $2,000
g) City Map Filing Fee $200
12 Transportation (no separate permit application fee)
a) Oversized Vehicle Transportation Permit
i) One Day $16
ii) Annual $90
24 City of Seal Beach
ENGINEERING AND PUBLIC WORKS FEES
Activity Description Fee Charge Basis Note
13 Inspection
a) Water Quality/BMP
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
b) Utility
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
c) General
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
d) Reinspection/Excess Inspection/Missed Inspection
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
14 Technology Fee (percent of fixed fee or hourly billing rate) 5% 15 Permits/Plan Checks not specifically listed T&M w/ deposit [a] Engineer/technician to determine hours and applicable fee at time of application. 25 City of Seal Beach
SEWER AND WATER SERVICES FEES
Fee Charge Basis Note
1 Meter Test
a) 3/4" - 1" Meter $250 each [a]
b) 1/5" - 2" Meter $350 each [a]
2 Utilities Field Inspection (e.g. sewer connection / water service and connection)
a) Typical Single Family Residential Review
i) Regular $184 per inspection [b]
ii) Overtime $221 per hr.; 2 hr. minimum [b]
b) All Others T&M w/ Deposit [b]
3 Water and/or Sewer Connection Materials Actual Cost
+ 20% Admin Fee
4 Fats, Oil, & Grease (FOG) [c]
a) Annual Permit $276
b) Plan Check $1,000
c) Grease Control Device Lid Inspection $46
i) Reinspection $46
d) Best Management Plan (BMP) Program Inspection $92
i) Reinspection $92
e) Grease Disposal Mitgation /Waiver $552
5 Construction Meter
a) Hydrant Meter Installation $254
b) Hydrant Meter Daily Rental Rate $10
c) Hydrant Water Water Use Deposit $1,500
d) Replacement/Damage Meter $1,500
e) Cost of Water see rate schedule
6 Fire Flow Test $540
7 Inspection [c]
a) Water Quality/BMP
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
b) Utility
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
c) General
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
d) Reinspection/Excess Inspection/Missed Inspection
i) Regular $184 per inspection
ii) Overtime $221 per hr.; 2 hr. min.
Activity Description
26 City of Seal Beach
SEWER AND WATER SERVICES FEES
Activity Description Fee Charge Basis Note
[a] Test amount refundable if meter is found to be defective. [b] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application. [c] Any cost increases to the City, additional services, and materials provided by the City not listed above, such as spill response or additional sewer main line cleaning due to accumulation of FOG, will be billed directly to the responsible party for actual costs incurred on a time and material basis. Any delinquencies, penalties, appeals, hearings, suspensions, revocations, violations, and enforcements are established by the FOG Ordinance. FSE’s requesting a permit within a calendar year shall have the fees prorated on a month end basis. 27 City of Seal Beach
SEWER AND WATER CONNECTION CHARGES
Fee Charge Basis Note
1 Sewer Service Connection Charge – "Buy In" [a]
a) Residential
i) 5/8", 3/4" $2,754
ii) 1" $3,273
iii) 1.5" $6,701
iv) 2" $9,393
v) 3" $54,556
v) 4" $80,223
vii) 6" N/A
viii) 8" N/A
b) Commercial, Industrial, Gov't
i) 5/8", 3/4" $2,754
ii) 1" $5,293
iii) 1.5" $11,931
iv) 2" $21,629
v) 3" $53,907
v) 4" $136,051
vii) 6" $157,003
viii) 8" $550,117
2 New Water Service Connection Charge – “Buy In” [b]
a) Residential
i) 5/8", 3/4" $4,595
ii) 1" $5,307
iii) 1.5" $13,053
iv) 2" $13,988
v) 3" $97,730
v) 4" $257,670
vii) 6" N/A
viii) Greater than 6" City Engineer Determination [c]
b) Non-Residential
i) 5/8", 3/4" $4,595
ii) 1" $8,488
iii) 1.5" $20,430
iv) 2" $37,319
v) 3" $63,617
v) 4" $340,659
vii) 6" $375,670
viii) Greater than 6" City Engineer Determination [c]
Activity Description
28 City of Seal Beach
SEWER AND WATER CONNECTION CHARGES
Activity Description Fee Charge Basis Note
[a] Fee is determined based on the size of the water service meter as applied to the sewer rates. Sewer rates are calculated using the value of the existing system that is not subject to replacement through the existing Capital Improvement Project (CIP) program and the total annual water use by sewer system customers in billing units. Beginning July 1, 2002 and every July 1st thereafter, the fee will automatically increase by an amount calculated using the following formula – multiply the most recent fee in effect by the percentage increase over the previous 12 months immediately preceding the most recent publication of the Engineering News Record of Construction Cost Index existing on July 1st of the year of the increase. The previous ENR Construction Cost Index was 8293. The ENR Construction Cost Index for June 2009 is 8578. Fees shall not decrease below the level of rates existing on July 1, 2002. [b] For services that have never been connected or paid into the system, fees are calculated using the value of the existing system that is not subject to replacement through an existing Capital Improvement Project (CIP) program and the total annual water use by system customers in billing units. Beginning July 1, 2002 and every July 1st thereafter, the fee will automatically increase by an amount calculated using the following formula – multiply the most recent fee in effect by the percentage increase over the previous 12 months immediately preceding the most recent publication of the Engineering News Record of Construction Cost Index existing on July 1st of the year of the increase. The previous ENR Construction Cost Index was 8293. The ENR Construction Cost Index for June 2009 is 8578. Fees shall not decrease below the level of rates existing on July 1, 2002.
[c] Connection charges shall be determined by the City Engineer and approved by City Council at the time of development or request. 29 City of Seal Beach
UTILITY BILLING FEES
Fee Unit Note
1 Water - New Customer Application $35
2 Late Payment Penalty for Water Bills Paid After 35 Days 10% of Total Water Bill 3 Door Tag Fee (applicable after door has been tagged twice in a twelve month period, i.e., commences at third tag) $30 each [a]
4 Water Turn Off/Turn On
a) Service Charge (before 5:00 p.m.)
i) Low Income $54 [b]
ii) All Others $125
b) Service Charge (after 5:00 p.m.)
i) Low Income $163 [b]
ii) All Others $275
5 Water Tampering
a) Meter Pull
i) 1" < $125 [c]
ii) 1.5" - 2" $250 [c]
iii) 3" $750 [c]
iv) > 4" $1,000 [c]
b) Meter Re-Install
i) 1" < $250, plus actual cost of meter [c]
ii) > 1" T&M, plus actual cost of meter [c]
c) Lock Off $125 [c]
d) Replacement of Cut Off Lock $125 [c]
6 Emergency Call Out $150 per hour; 2 hr. minimum
7 Water Conservation Enforcement for Second Violation
During a Water Conservation Phase
15% of Violator's Water Bill
Activity Description
[a] Additionally, such customer that is assessed the tag charge may be required to pay a deposit equal to 1.5 times the highest water bill in the last twelve month period.
[b] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150). These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021.
[c] Fees listed are based on the estimated number of hours required to perform a standard service request and the typical cost of materials required to perform the requested service. For service requests that are anticipated to require efforts or materials, in excess of those typically required, the Department reserves the right to bill the service recipient, for Department costs anticipated to be incurred in excess of the fee shown in this schedule.
30 City of Seal Beach
POLICE FEES
Fee Charge Basis Note
Alarm System Application
1 The following will be charged for alarm system applications (July 1st - June 30th)
a) Indirect Alarm – Business Permit $45
b) Indirect Alarm – Resident Permit $34
2 False Alarm – penalties will be assessed in the event of the following a) 1st and 2nd false alarms calls No Charge
b) 3rd false alarm call $129
c) 4th false alarm call $189
d) 5th false alarm call $300
e) 6 or more false alarm calls $421 each
Traffic Collision Reports
3 The following fees will be charged for copies of all investigative reports performed on traffic collisions
a) Non-resident $55
b) Resident $25
c) Miscellaneous Police Reports (Resident) $25
Other
4 Citation Sign-off $20 per sign-off
5 Repo Receipt (CGC 41612) $15 per receipt [a]
6 Fingerprint Cards
a) City $49
b) Department of Justice $32 [a]
c) FBI, if applicable $17 [a]
7 Passport (Clearance Letter) $47
8 Photographs
a) Digital reprints or digitally scanned photos $55
b) Digital audio file reproduction $55
c) Video file reproduction $55
d) Reprints of 35 mm photos $55
9 Vehicle Storage (No checks accepted)
a) Signed vehicle storage release form $140 per copy
b) Signed vehicle impound release and administrative overhead associated with a 30 day impound
$240 per copy
Activity Description
31 City of Seal Beach
POLICE FEES
Activity Description Fee Charge Basis Note
10 Firearm Storage $125 annual
11 Blood Collection Cost Recovery Actual Cost
12 Day Witness Fee Deposit (Subpoena Fee)
a) Peace Officer $275 [a]
b) City Employees $275 [a]
13 Evidence Collection Cost Recovery $30 plus Actual Cost [a] Amounts shown are intended to mirror fees authorized by other agencies. If there is a discrepancy between amounts shown in this schedule and amounts authorized by other agencies (e.g., DOJ, FBI, State of California), amounts authorized by outside agency(s) shall supersede amount shown in this schedule.
32 City of Seal Beach
ANIMAL CONTROL FEES
Fee Charge Basis Note
DOG LICENSE
1 Dog License
a) Non-Senior Citizen Rate
i) unaltered $108
ii) altered $36
b) Senior Citizen Rate
i) unaltered $54
ii) altered $18
IMPOUND FEES
2 Licensed Dogs
a) 1st Impound $50
b) 2nd Impound $75
c) 3rd Impound $100
d) Female Dog In Season Add $25 to base fee
3 Unlicensed Dogs
a) 1st Impound $75
b) 2nd Impound $100
c) 3rd Impound $125
d) Female Dog In Season Add $25 to base fee
4 Dangerous Animal
a) 1st Impound $100
b) 2nd Impound $125
c) 3rd Impound $150
d) Female Dog In Season Add $25 to base fee
BOARD AND CARE FEES
5 Board and Care $20 per day [a]
6 Veterinary Services
a) Rabies Vaccination Actual Cost
b) Relative Value unit Actual Cost
c) Other procedures (x-ray, lab, etc.) Actual Cost
d) Medical or surgical care Actual Cost
e) Euthanasia (request by owner) Actual Cost
7 Dog Park
a) Non-resident use – annual
i) unaltered $50
ii) altered $25
b) Fine for Violation of Dog Park Rules $50
8 Non-domestic Animal Permit $110
[a] Board and care fees shall also apply for any animals quarantined at City facilities or contracted City facilities (i.e., non-home quarantines).
Activity Description
33 City of Seal Beach
PARKING FEES, RATES, AND CHARGES
Fee Charge Basis Note
Beach Parking Services (pay and display of pay by plate) 1 Beach parking lots daily rates
a) Automobiles/motorcycles (under 20 ft.) $2 per hour;
$10 maximum per day
b) Rates for automobiles/motorcycles parking after 6:00 p.m. $4 2 Annual parking passes, for day use only, entitles the holder to daily parking in any beach lot and valid 12 months from date of purchase
a) Seal Beach residents $117
b) Non-residents $180
c) Resident senior citizen with annual gross income less than $35,000 annual beach pass
$70
d) Non-resident senior citizen with annual gross income less than $35,000 annual beach pass
$108
3 Disabled parking see note [a] [a]
Miscellaneous Rate Information
4 Miscellaneous Rate Information
a) The City Manager is authorized to charge amounts less than the rates specified, for certain days or certain times of day, if he or she determines that a lower rate is appropriate.
b) Beach rates may fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed $36 per vehicle per space. $36 per space
c) Use and fees for beach parking for special events are subject to arrangements through Community Services.
d) Electric Vehicle charging station $3.44 per hour
5 Metered City Municipal Lots (pay and display or pay by plate) $1 per hour Parking Permits [b]
6 The following rates are charged for annual parking permits a) Resident $20
b) Guest (limit 2 per residence) $30
c) Business (Merchant) $50
d) Contractor $60
e) Oil Platform Worker/Sub-Contractor (Overnight Parking) $300 per month Activity Description
[a] any disabled person displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the 1st, 8th, and 10th Street ocean-front Municipal Parking Lots without being required to pay parking fees. The vehicles must be parked in the marked Handicapped Parking stalls (unless all stalls are full at the time of entry into the lot). The disabled parking exemption is only for vehicles under 20 ft. in length and does not cover trailers, campers, and/or fifth wheelers attached to the vehicle. If more than one (1) parking space is used the regular daily beach user charge must be paid for the 2nd space used.
[b] Resident Permits are issued each year (November 1st through October 31st) and are not prorated. Merchant Permits are issued each fiscal year (July 1st to June 30th) and not prorated.
34 City of Seal Beach
PARKING VIOLATIONS
# Code Description Fine Note
1 8.15.100 SBMC Surfside - Fire Hydrant $54
2 8.15.080 SBMC Parking in Alley $54
3 8.15.105 SBMC Expired Meter $54
4 8.15.010 SBMC Parkway Violation $54
5 8.15.010 SBMC Red Curb/Sign Violation $54
6 8.15.010 SBMC Traffic Hazard $54
7 8.15.010 SBMC Traffic Hazard Private/Public Property $54 8 8.15.010 SBMC Blocking Entrance to Garage $54
9 8.15.010 SBMC Street Sweeping $54
10 8.15.010 (d) SBMC Parked Over White Line - Surfside $54 11 8.15.020 SBMC Failure to Park in Marked Stall $54
12 8.15.025 SBMC 72 Hour Parking Violation $54
13 8.15.030 SBMC Repairing Vehicle on Street $54
14 8.15.105 SBMC Parking/Driving on Private Property $54 15 8.15.050 SBMC Parking in Violation of Special Event Signs $54 16 8.15.055 SBMC Green Curb $54
17 8.15.055 SBMC One Hour Parking Violation $54
18 8.15.055 SBMC Two Hour Parking Violation $54
19 8.15.115 SBMC Diagonal Parking / Not in Lines $54
20 8.15.115 SBMC Diagonal Parking / 6" from Curb $54
21 8.15.065 SBMC Parking on City Property $54
22 8.15.065 SBMC City Property / Loading / Unloading Zone $54 23 8.15.065 SBMC City Property / Permit Required - Riviera $54 24 8.15.105 SBMC Excessive Vehicle Length $54
25 8.15.085 SBMC Parking an Oversize Vehicle $54
26 8.15.085 SBMC Parking an Unattached Trailer $54
27 8.15.090 SBMC Illegal Commercial Vehicle Parking $85 28 8.20.010 (b-c) SBMC Parking Without Paying (Beach Lots) $54 29 21113 (a) CVC On School Grounds, Obey Signs $54
30 21211 (a) CVC Parking in a Bike Lane $54
31 22500.1 CVC Parking in a Fire Lane $54
32 22500 (a) CVC Parking in an Intersection $54
33 22500 (b) CVC Parking in a Crosswalk $54
34 22500 (e) CVC Parking Across a Driveway $54
35 22500 (f) CVC Parking on a Sidewalk $54
36 22500 (h) CVC Double Parking $54
35 City of Seal Beach
PARKING VIOLATIONS
# Code Description Fine Note
37 22500 (i) CVC Parking in a Bus Stop $349
38 22500 (k) CVC Parking on a Bridge $54
39 22502 (a) CVC Parking More than 18" from Curb $54
40 22505 (b) CVC Illegal Parking on State Highway $54
41 22507.8(a) CVC Handicap Parking Violation $349
42 22507.8 (c) CVC Obstructing Disabled Parking Spot $349 43 22514 CVC Fire Hydrant Violation $85
44 22515 (a) CVC Leaving Vehicle with Engine Running $54 45 22522 CVC Illegal Parking at Access Ramp $349
46 22523 CVC Abandoned Vehicle $129
47 27155 CVC No Gas Cap $54 *
48 4000 (a) CVC Expired Registration $85 *
49 4462 (b) CVC Display False Registration $129
50 4464 CVC Altered Plate $85
51 5200 CVC Missing Plate $54 *
52 5201 (e) CVC Plate Obstructed $54 *
53 5204 (a) CVC Missing Registration Tab $54 *
54 26708 (a) CVC Obstructed View thru Windshield $54
55 26710 CVC Defective Windshield $44 *
56 27465 (b) CVC Unsafe Tires $44 *
57 Late Payment Penalty $28
58 Court Fees Per Citation $12 [a]
59 Parking Violation Corrected Citation
a) Handicap Corrected Violation (CVC 40226) $25 [a]
b) All Others $10 [b]
* Reduced to $10 with proof of correction 21 days.
[b] Per equipment violation.
[a] Amounts shown are intended to mirror fees authorized by other agencies, and/or California Vehicle Code. If there is a discrepancy between amounts shown in this schedule and amounts authorized by Court, or State of California, amounts authorized by outside agency(s) shall supersede amount shown in this schedule.
36 City of Seal Beach
RECREATION FEES
Fee / Charge Unit Note
A. Community Center Facilities
1 Non-Profit / Resident Meetings of Civic or Service
Organizations a) Up to Two Meetings Per Month $161 annual fee b) Each Additional Meeting $14 per hour
2 Resident Activities
a) Large Room $37 per hour
b) Small Room $27 per hour
c) Cleaning $100 - $300 based on usage
d) Staff $30 per hour, per staff person
e) Security Deposit $250 or $500 [a]
3 Non-Resident Activities
a) Large Room $59 per hour
b) Small Room $43 per hour
c) Cleaning $100 - $300 based on usage
d) Staff $30 per hour, per staff person
e) Security Deposit $250 or $500 [a]
4 Commercial or Profit Making Activities
a) Large Room $117 per hour
b) Small Room $59 per hour
c) Cleaning $100 - $300 based on usage
d) Staff $20-$40 per hour, per staff person
e) Security Deposit $250 or $500 [a]
5 Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
Activity Description
Resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach.
Resident groups have preference over non-resident groups. Youth resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach or having students attending a school within the Los Alamitos Unified School District. Youth groups are also defined as being groups with all persons being age 18 years and under. The following group categories are listed in order of priority use. 37 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
B. Senior Center and Fire Station 48 Community Room
1 Recreation Sponsored or Co-Sponsored Activity/Meeting No Charge 2 Resident Non-Fund Raising Activities of Civic or Service Organizations
$161 annual fee
3 Resident Fund Raising Activities of Civic or Service
Organizations a) Rental Rate $37 per hour
b) Cleaning Charge $100 - $300 based on usage
4 Non-Resident Non-Fund Raising Activities of Civic or
Service Organizations a) Rental Rate $51 per hour
b) Cleaning Charge $100 - $300 based on usage
5 Non-Resident Fund Raising Activities of Civic or Service Organizations a) Rental Rate $59 per hour
b) Cleaning Charge $100 - $300 based on usage
6 Additional Fees
a) Key Deposit $100
b) Alcoholic Beverages Served at Non-City Functions $35 Additional c) Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
To qualify for use of the Senior Center facility on a regular reservation basis, a group must have the majority of participants be residents. Resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach. Resident groups have preference over non-resident groups. Any requests for waiver of fees by a group will require City Council approval. The following group categories are listed in order of priority use. 38 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
C. Recreation Program See Note [b]
The City of Seal Beach shall establish fees for the various recreation programs. These fees shall be based on the type of program; number of participants and instructors, officials, etc. required in the program; and shall be based on full cost recovery where feasible, including administrative costs.
39 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
D. Reserved Use of Municipal Athletic Facilities
1 All Community Parks, No Use of Lights
a) Youth Resident Groups with Non-Profit Status $17 per hour b) Youth Non-Resident Groups $27 per hour
c) Adult Resident Groups $37 per hour
d) Adult Non-Resident Groups $47 per hour
e) Business Use $94 per hour
2 All Community Parks, Including Use of Lights
a) Youth Resident Groups with Non-Profit Status $37 per hour b) Youth Non-Resident Groups $47 per hour
c) Adult Resident Groups $57 per hour
d) Adult Non-Resident Groups $67 per hour
e) Business Use $124 per hour
3 Maintenance of Zoeter Ball Diamond $48 per day, per field 4 Rental of Bases $28 per day, $125 min. deposit
5 Gymnasium
a) Youth Resident Groups with Non-Profit Status $18 per hour b) Youth Non-Resident Groups with Non-Profit Status $30 per hour c) Youth Resident Groups for Private Use $30 per hour
d) Adult Resident Groups $40 per hour
e) Adult Non-Resident Groups $59 per hour
f) Business Use $70 per hour
6 Outdoor Basketball Courts
a) Youth Resident Groups with Non-Profit Status $13 per hour b) Youth Non-Resident Groups $18 per hour
c) Adult Resident Groups $26 per hour
d) Adult Non-Resident Groups $31 per hour
e) Business Use $62 per hour
7 Beach Volleyball Courts
a) Youth Resident Groups with Non-Profit Status $13 per hour b) Youth Non-Resident Groups $18 per hour
c) Adult Resident Groups $26 per hour
d) Adult Non-Resident Groups $31 per hour
e) Business Use $62 per hour
The following rates shall be in effect for all reservations made through the Recreation Office. Youth resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach or having students attending a school within the Los Alamitos Unified School District. Youth groups are also defined as being groups with all persons being age 18 years and under. The following group categories are listed in order of priority use. 40 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
E. Edison Community Garden $80 per year, per plot
To qualify for the use of a plot in the Edison Garden a gardener must be able to prove that they are a resident in the City of Seal Beach. If a gardener moves out of the City of Seal Beach, they must relinquish their plot by February 16th. Rental of a garden plot is for one calendar year. Applications must be returned with payment to the Community Services/Recreation Department prior to January 16th of each year in order to be renewed. After the renewal deadline, any remaining plots will be assigned to those on the waiting list.
41 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
F. Tennis Center
1 Tennis Membership - Resident
a) One Time Admin Sign-Up Fee $135
b) Single Membership
i) Per Month $110
ii) Annual $1,210
c) Couple Membership
i) Per Month $130
ii) Annual $1,430
d) Family Membership
i) Per Month $140
ii) Annual $1,540
e) Junior Membership
i) Per Month $60
ii) Annual $660
2 Tennis Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135
b) Single Membership
i) Per Month $132
ii) Annual $1,452
c) Couple Membership
i) Per Month $156
ii) Annual $1,716
d) Family Membership
i) Per Month $168
ii) Annual $1,848
e) Junior Membership
i) Per Month $72
ii) Annual $792
The Seal Beach Tennis Center provides a wide range of amenities which include a pro shop, fitness center, locker rooms, and the following services:
42 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
3 Pickleball Membership - Resident
a) One Time Admin Sign-Up Fee $135
b) Single Membership
i) Per Month $55
ii) Annual $605
c) Couple Membership
i) Per Month $65
ii) Annual $715
d) Family Membership
i) Per Month $70
ii) Annual $770
e) Junior Membership
i) Per Month $30
ii) Annual $330
4 Pickleball Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135
b) Single Membership
i) Per Month $66
ii) Annual $726
c) Couple Membership
i) Per Month $78
ii) Annual $858
d) Family Membership
i) Per Month $84
ii) Annual $924
e) Junior Membership
i) Per Month $36
ii) Annual $396
43 City of Seal Beach
RECREATION FEES
Activity Description Fee / Charge Unit Note
5 Pickleball Non-Member Daily Drop-In Fee $5 per person per day 6 Tennis Guest Fee / Daily Drop-In Fee
a) With Member (once per month) $13 Once per month
b) During General Public Hours $10 per person per day
7 Court Rental Fee
a) 12 p.m. - 5 p.m. $12 per hour per court
b) 5 p.m. - 9:30 p.m. $15 per hour per court
c) Business or Non-Resident Use $30 per hour per court
8 Ball Machine Rental
a) Member $10 per hour
b) Non-Member $20 per hour
c) Junior Use $8 per hour
9 Fitness Membership
a) One Time Admin Sign-Up Fee $55
b) Resident Membership
i) Per Month $25
ii) Annual $275
c) Non-Resident Membership
i) Per Month $30
ii) Annual $330
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. [a] Rentals of 75 people or more, or having alcohol present, require two staff members to be present and a security deposit of $500. Rentals with less than 75 people and without alcohol require a security deposit of $250. [b] Fees shall be based on type of program, number of participants and instructors, officials, etc. required in the program; and shall be based on full cost recovery where feasible including administrative costs. 44 City of Seal Beach
JUNIOR LIFEGUARD AND AQUATICS FEES
Fee Charge Basis Note
Junior Lifeguard Program
1 Resident
a) First child $635
b) Second and subsequent sibling $610 per child
2 Non-resident
a) First child $685
b) Second and subsequent sibling $660 per child
3 City of Seal Beach Employee (Dependent) 50% Discount
4 City of Seal Beach Employee, Junior Lifeguard Instructor (Dependent)
Free
5 Preparation swim class $175
6 Conditioning swim class $175
7 Last Chance swim class $100
Activity Description
45 City of Seal Beach
JUNIOR LIFEGUARD AND AQUATICS FEES
Activity Description Fee Charge Basis Note
Swimming Pool
1 Recreation and Family Swim Summer Pass (Up to 6 People) a) Resident $30 per family
b) Non-Resident $60 per family
2 Lap Swim
a) 16 Swim Pass
i) Youth $40 per pass
ii) All Others $80 per pass
b) 34 Swim Pass $136 per pass
c) Annual Swim Pass $300 per pass
d) Lost Pass Replacement $10 per pass
3 Swim Instruction
a) Resident $75
b) Non-Resident $100
c) Competitive Instruction Pool Use $55 per hour
4 Weekend Pool Party Rentals (2-hour supervised rental) a) Resident - 40 participants or less $220
b) Non-Resident - 40 participants or less $240
5 Aquatics Class $175
6 Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
Note: Special event charges are imposed by the management and are not governed in this Cost resolution.
Resident groups shall be those groups with at least 60% of their active membership residing within the City of Seal Beach.
Resident groups have preference over non-resident groups. The following group categories are listed in order of priority use. 46 City of Seal Beach
SPECIAL EVENT FEES
Fee or Charge Unit Note
Special Activity Request Application
1 Weddings and wedding receptions, memorial services, and other group activities involving 25 persons or more (including, but not limited to, City Hall Courtyard and public beach) - outdoor ceremonies are subject to City scheduling
a) Resident $147 per hour
b) Non-Resident $295 per hour
c) Commercial $482 per hour
2 Banner Placement Activities Actual Costs
plus $110 deposit
3 Booth space for special events sponsored by the Community Services Department a) Non-Profit Group $63
b) For-Profit Group $124
4 Special Event Public Noticing $119
5 Special Event Reserved Parking Fee
a) September 16th through May 14th $28 per space
b) May 15th through September 15th $36 per space
Other
6 Street Closure (Refundable Guaranty) $825 minimum deposit See note
[a]
7 Park Damage (Refundable Guaranty) $825 minimum deposit See note
[b]
8 Special Events
a) Power Turn On for Special Events $66
b) Pier Restroom Cleaning (each occurrence) $110
c) Building Facility Cleaning (each occurrence) $110
d) Street Sweeping (after Special Events 2 hr. minimum) $231 [a] Deposit is for each block of street closed to cover clean up and/or damage costs. Unused deposit amount is refundable.
Activity Description
All Special Activities proposed on City property, not identified in this Cost Recovery Schedule, are subject to the following fees.
Costs are charged in one hour increments. When applicable a Special Event Permit Application and fee must be submitted to the Community Services Department in addition to the fee for use of City Property. [b] Deposit is for use of parks or beach for special events. Larger deposits may be conditioned depending upon the size and the scope of the event. Unused deposit amount is refundable.
47 City of Seal Beach
FILMING AND PHOTOGRAPHY FEES
Fee or Charge Unit Note
A. Commercial Still Photography
1 Permit Application
a) Student (need instructor verification) $28
b) Professional Commercial Film and/or Video Production $83 2 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 per fiscal year
3 Location Fee - General $138 per day
B. Motion Picture, Including Video
4 Permit Application
a) Student (need instructor verification) $110
b) Professional Commercial Film and/or Video Production $193 5 Expedited Film Permit $385
6 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 per fiscal year
7 Use of City Property - In Addition to General Location [a] a) Beach, Pier, and/or Park Area $385
b) Lifeguard Station - Interior $237
c) City Hall $237
d) City Jail $578
e) Deposit for staff time and/or property damage) $550 minimum deposit amount [b] 8 Use of City Personnel Reimbursed at Fully-Burdened
Hourly Rate
9 Use of City Equipment and Vehicles Reimbursed at Market Rental Rates
10 Use of City Parking Lots
a) September 16th through May 14th $28 per space
b) May 15th through September 15th $36 per space
[a] Use of other City property will be charged applicable fees identified elsewhere in this schedule or by determination of the City Manager's Office. [b] Deposit will be determined based upon the scope of the production and will be inclusive of set-up and striking.
Activity Description
48 City of Seal Beach
BUSINESS LICENSE TAX AND PERMITS
Fee Charge Basis Note
1 Business license tax (Base Tax) for all businesses except the businesses listed below
$219.00 per fiscal year [a]
2 Advertising services; amusement parks; entertainment cafes; live or stuffed animal, fish and reptile shows; commission merchants or brokers; and tattooing business license tax $438.00
3 Aircraft for hire
a) For First Aircraft $219.00
b) For Each Additional Aircraft $41.75
4 Beach umbrella and equipment rental stand
a) For First Stand $219.00
b) For Each Additional Stand $42.00
5 Billiards and bowling alleys
a) 10 Units or Less $219.00
b) Greater than 10 Units $20.25 per unit
6 Boat rental
a) For each boat less than 25 ft in length $219.00
b) Per foot for each boat exceeding 25 ft in length $17.50 per foot exceeding 25 ft in length
7 Bottled water sales, excluding eating establishment,
confectionery stores or similar businesses
a) For the first delivery vehicle $219.00
b) Each additional delivery vehicle $52.75
8 Boxing matches (professional contest or exhibition) $2,191.25 9 Carnivals and fairs, excluding those operated by nonprofit organizations for charitable purposes
$12.25 per day per each game,
exhibition, show,
recreational device, or
booth including
concession
10 Circus
a) For the first day $1,534.50
b) For each day thereafter $875.75
11 Fortune telling, psychic reading
a) for first year of operation $1,645.50
b) each year thereafter $1,096.50
12 Grocery bus $2,193.25
Activity Description
49 City of Seal Beach
BUSINESS LICENSE TAX AND PERMITS
Activity Description Fee Charge Basis Note
13 Herb doctors
a) Single operator $329.25
b) Each additional partner $42.25
14 Milk distribution
a) For the first delivery vehicle $219.00
b) Each additional delivery vehicle $20.25
15 Money lenders $329.35
16 Motion picture, production, or photoplay filming $25.50 per day a) except persons with a fixed place of business in the City; If fixed place of business is in the City, the tax rate is $329.25
17 Peddlers and itinerant vendors
a) For sale of foodstuffs
i) Includes the first vehicle $219.00
ii) each additional vehicle $127.25
b) For sale of medicine $1,314.00
c) All others, unless otherwise required to be licensed i) Includes the first vehicle $219.00
ii) each additional vehicle $219.00
18 Sanitariums, including rest home, convalescent home, or home for the aged which provide care
a) For more than 3 persons at one time $219.00
b) For each patient in excess of 3, based on the average number of patients per day, computed monthly
$5.00
19 Selling club plans, including sale of membership in any club or cooperative association and sale of discount coupon books $877.00
20 Soliciting, canvassing, or taking orders for goods or advertising, excluding representatives of an established or fixed place of business in the City who submits an affidavit to the collector not less than 49 hours before such solicitation a) Base Fee $437.50
b) Per Day $20.25
50 City of Seal Beach
BUSINESS LICENSE TAX AND PERMITS
Activity Description Fee Charge Basis Note
21 Vehicles for hire
a) Seating less than 16 people $219.00 per vehicle
b) Seating more than 16 people $469.00 per vehicle
c) Designed or used primarily for transportation of property where available for lease or rental without the driver
i) For the first vehicle $109.50 per vehicle
ii) Each additional vehicle $42.25 per vehicle
d) Ambulances or invalid coaches
i) For the first vehicle $109.50 per vehicle
ii) Each additional vehicle $42.25 per vehicle
e) Motor scooters
i) For the first five scooters $219.00
ii) Each additional scooter in excess of 5 scooters $10.00 22 New and used car sales, a license which also authorizes the holder to repair such vehicles and sell motor vehicle parts and accessories
$329.25
23 Vending machines
a) Merchandise dispensing $42.25
b) Jukebox, amusement, electronic games and pinball
machines
$63.00
c) Photographic and voice recording machine
i) For the first five machines $219.00
ii) Each additional machine in excess of 5 machines $41.25 24 Wrestling $1,314.00
25 Country Club golf courses $0.40 per $1,000 of total gross receipts
26 Manufacturing $0.40 per $1,000 of total gross
receipts
[b]
27 Massage establishment $219.00
28 Massage Technician $109.50
29 One Day Special Event Permit $25.00
30 Home Occupation/Cottage Food Industry Permit $219.00 [c] 31 Expedited Business License Processing $75.00
32 Exempt (Annually) and Business License Processing $25.00 51 City of Seal Beach
BUSINESS LICENSE TAX AND PERMITS
Activity Description Fee Charge Basis Note
[a] Each Business License is subject to an additional State-mandated fee of $4 which must be collected by the City. [b] Includes every person, firm, corporation, firm or partnership, manufacturing, processing, fabricating, designing, engineering and product, commodity, airplane, ship, selling any such product at wholesale or to jobbers, or selling any such product at retail, or selling any such product at retail, or selling any such product at both wholesale and at retail, or any and every person contracting for or agreeing to manufacture, process, fabricate, design or engineer product, commodity, airplane, ship, machine, vehicle, instrumentality, tool or other thing for fee, charge, valuable consideration, or otherwise agreed upon
sum of money.
[c] Senior Citizen exception: All persons 65 and over engaged in any home occupation shall pay 50% of the annual flat rate tax in the first year.
In subsequent years, provided that the annual income derived from such home occupation does not exceed $10,000 in any calendar year, the licensee shall be exempt from paying the annual flat tax rate but will be subject to the Exempt Business License Processing fee. In order to qualify for this reduced rate, licensees shall submit a copy of their most recent tax return to substantiate that the annual income derived from the home occupation does not exceed $10,000 per year.
52 City of Seal Beach
NEWS RACKS
Fee Charge Basis Note
1 News Rack Permit – Non-Lottery Locations $75 every 3 years 2 News Rack Permit – Lottery Locations $115 every 3 years 3 News Rack Summarily Impound $126 every 3 years
4 News Rack Non-Summarily Impound $64 every 3 years
5 News Rack Non-Summarily Impound after Required $105 every 3 years Activity Description
53 City of Seal Beach
UNSPECIFIED COSTS
Fee Charge Basis Note
1 Activity Description
Whenever costs are charged for services provided by the City and no method for the calculation is specified through this Resolution/Schedule, other City Council resolutions, the Municipal Code of the City of Seal Beach, or other State or Federal statutes, the costs shall be the actual cost (fully burdened), including the proportionate part of the salaries, wages, or other employee compensation of any deputy or employee, material and equipment cost and the cost of overhead at 40% of the total.
54 ATTACHMENT B – ILLUSTRATION OF PROPOSED CHANGES
Illustration of Proposed Changes
Fee Description Page
UTILITY BILLING FEES 1
SEWER AND WATER FEES 3
POLICE DEPARTMENT FEES 4
ANIMAL CONTROL FEES 6
PARKING FEES, RATES, AND CHARGES 8
PARKING VIOLATION FINES AND FEES 9
RECREATION FEES 11
JUNIOR LIFEGUARD AND AQUATICS FEES 18
SPECIAL EVENT FEES 20
FILMING AND PHOTOGRAPHY FEES 21
ADMINISTRATIVE FEES 22
City of Seal Beach
Illustration of Proposed Changes
City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - UTILITY BILLING FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Note 1 Water - New Customer Application $22 $37 $35 $13
2 Late Payment Penalty for Water Bills Paid After 35 Days 10% of Total Water Bill 10% of Total Water Bill $0 3 Door Tag Fee (applicable after door has been tagged twice in a twelve month period, i.e., commences at third tag)
$30 $125 $30 each $0 [a]
4 Water Turn Off/Turn On
a) Service Charge (before 5:00 p.m.)
i) Low Income $50 $143 $54 $4 [b]
ii) All Others $119 $143 $125 $6
b) Service Charge (after 5:00 p.m.)
i) Low Income $150 $318 $163 $13 [b]
ii) All Others $238 $318 $275 $37
5 Water Tampering
a) Meter Pull
i) 1" < $119 $125 $125 $6 [c]
ii) 1.5" - 2" $238 $250 $250 $12 [c]
iii) 3" $714 $750 $750 $36 [c]
iv) > 4" $952 $1,000 $1,000 $48 [c]
b) Meter Re-Install
i) 1" < Actual Cost $250, plus actual cost of
meter
$250, plus actual cost of
meter
[c]
ii) > 1" Actual Cost T&M, plus actual cost of
meter
T&M, plus actual cost of
meter
[c]
c) Lock Off $85 $125 $125 $40 [c]
d) Replacement of Cut Off Lock $85 $125 $125 $40 [c]
6 Emergency Call Out T&M w/ $250 minimum $300 $150 per hour; 2 hr. minimum
n/a
7 Water Conservation Enforcement for Second Violation
During a Water Conservation Phase
15% of Violator's Water Bill 15% of Violator's Water Bill $0 8 Rates for Services Not Specified in this Schedule
a) Utility Billing Personnel varies $110 $110 per hour
b) Utility Maintenance Personnel
i) Regular varies $125 $125 per hour
ii) Overtime varies $150 $150 per hour; 2-hr min.
Activity Description
1 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - UTILITY BILLING FEES
Activity Description Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Note [a] Additionally, such customer that is assessed the tag charge may be required to pay a deposit equal to 1.5 times the highest water bill in the last twelve month period. [b] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150). These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021.
[c] Fees listed are based on the estimated number of hours required to perform a standard service request and the typical cost of materials required to perform the requested service. For service requests that are anticipated to require efforts or materials, in excess of those typically required, the Department reserves the right to bill the service recipient, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. 2 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - SEWER AND WATER FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Note 1 Meter Test
a) 3/4" - 1" Meter $102 $393 $250 each $148 [a]
b) 1/5" - 2" Meter $102 $518 $350 each $248 [a]
2 Utilities Field Inspection (e.g. sewer connection / water service and connection)
a) Typical Single Family Residential Review
i) Regular T & M - varies $184 $184 per inspection [b]
ii) Overtime T & M - varies $221 $221 per hr.; 2 hr. minimum [b] b) All Others T & M - varies varies T&M w/ Deposit [b]
3 Water and/or Sewer Connection Materials Actual Cost
+ 20% Admin Fee
varies Actual Cost
+ 20% Admin Fee
[a] Test amount refundable if meter is found to be defective. [b] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application.
Activity Description
3 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - POLICE FEES
Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Note Alarm System Application
1 The following will be charged for alarm system applications (July 1st - June 30th)
a) Indirect Alarm – Business Permit $43 $113 $45 $2
b) Indirect Alarm – Resident Permit $33 $113 $34 $1
2 False Alarm – penalties will be assessed in the event of the following a) 1st and 2nd false alarms calls No Charge $390 No Charge $0 b) 3rd false alarm call $124 $195 $129 $5
c) 4th false alarm call $182 $195 $189 $7
d) 5th false alarm call $289 $195 $300 $11
e) 6 or more false alarm calls $405 $195 $421 each $16
Traffic Collision Reports
3 The following fees will be charged for copies of all investigative reports performed on traffic collisions
a) Non-resident $52 $57 $55 $3
b) Resident $22 $57 $25 $3
c) Miscellaneous Police Reports (Resident) $22 $57 $25 $3 Other
4 Citation Sign-off $21 $49 $20 per sign-off ($1)
5 Repo Receipt (CGC 41612) $15 $15 per receipt $0 [a]
6 Fingerprint Cards
a) City $47 $57 $49 $2
b) Department of Justice $32 $32 $0 [a]
c) FBI, if applicable $17 $17 $0 [a]
7 Passport (Clearance Letter) $45 $57 $47 $2
8 Photographs
a) Digital reprints or digitally scanned photos $47 $57 $55 $8 b) Digital audio file reproduction $47 $57 $55 $8
c) Video file reproduction $47 $57 $55 $8
d) Reprints of 35 mm photos $47 $57 $55 $8
Activity Description
4 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - POLICE FEES
Activity Description Current Fee Cost of Service Proposed Fee Charge Basis Fee Change Note 9 Vehicle Storage (No checks accepted)
a) Signed vehicle storage release form $120 $252 $140 per copy $20 b) Signed vehicle impound release and administrative overhead associated with a 30 day impound
$220 $252 $240 per copy $20
10 Firearm Storage $125 $125 annual $0
11 Blood Collection Cost Recovery Actual Cost Actual Cost $0 12 Day Witness Fee Deposit (Subpoena Fee)
a) Peace Officer $275 $275 $0 [a]
b) City Employees $275 $275 $0 [a]
13 Evidence Collection Cost Recovery $30 plus Actual Cost $30 plus Actual Cost $0 [a] Amounts shown are intended to mirror fees authorized by other agencies. If there is a discrepancy between amounts shown in this schedule and amounts authorized by other agencies (e.g., DOJ, FBI, State of California), amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 5 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - ANIMAL CONTROL FEES
Current Fee Proposed Fee Charge Basis Fee Change Note
DOG LICENSE
1 Dog License
a) Non-Senior Citizen Rate
i) unaltered $103 $108 $5
ii) altered $31 $36 $5
b) Senior Citizen Rate
i) unaltered $49 $54 $5
ii) altered $15 $18 $3
IMPOUND FEES
2 Licensed Dogs
a) 1st Impound $33 $50 $17
b) 2nd Impound $33 $75 $42
c) 3rd Impound $33 $100 $67
d) Female Dog In Season n/a Add $25 to base fee varies
3 Unlicensed Dogs
a) 1st Impound $33 $75 $42
b) 2nd Impound $33 $100 $67
c) 3rd Impound $33 $125 $92
d) Female Dog In Season n/a Add $25 to base fee varies
4 Dangerous Animal
a) 1st Impound $33 $100 $67
b) 2nd Impound $33 $125 $92
c) 3rd Impound $33 $150 $117
d) Female Dog In Season n/a Add $25 to base fee varies
BOARD AND CARE FEES
5 Board and Care $11 - $16 / day $20 per day varies [a] 6 Veterinary Services
a) Rabies Vaccination Actual Cost Actual Cost
b) Relative Value unit Actual Cost Actual Cost
c) Other procedures (x-ray, lab, etc.) Actual Cost Actual Cost d) Medical or surgical care Actual Cost Actual Cost
e) Euthanasia (request by owner) $31 plus Actual Cost Actual Cost Activity Description
6 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - ANIMAL CONTROL FEES
Activity Description Current Fee Proposed Fee Charge Basis Fee Change Note 7 Dog Park
a) Non-resident use – annual
i) unaltered $41 $50 $9
ii) altered $21 $25 $4
b) Fine for Violation of Dog Park Rules varies $50 varies 8 Non-domestic Animal Permit $62 $110 $48
[a] Board and care fees shall also apply for any animals quarantined at City facilities or contracted City facilities (i.e., non-home quarantines). 7 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - PARKING FEES, RATES, AND CHARGES Current Fee Proposed Fee Charge Basis Fee Change Note
Beach Parking Services (pay and display of pay by plate) 1 Beach parking lots daily rates
a) Automobiles/motorcycles (under 20 ft.) $2 per hour;
$10 maximum per day
$2 per hour;
$10 maximum per day
$0
b) Rates for automobiles/motorcycles parking after 6:00 p.m. $4 $4 $0 2 Annual parking passes, for day use only, entitles the holder to daily parking in any beach lot and valid 12 months from date of purchase
a) Seal Beach residents $117 $117 $0
b) Non-residents $180 $180 $0
c) Resident senior citizen with annual gross income less than $35,000 annual beach pass
$70 $70 $0
d) Non-resident senior citizen with annual gross income less than $35,000 annual beach pass
$108 $108 $0
3 Disabled parking see note [a] see note [a] $0 [a]
Miscellaneous Rate Information
4 Miscellaneous Rate Information
a) The City Manager is authorized to charge amounts less than the rates specified, for certain days or certain times of day, if he or she determines that a lower rate is
b) Beach rates may fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed $36 per vehicle per space. $33 $36 per space $3
c) Use and fees for beach parking for special events are subject to arrangements through Community Services.
d) Electric Vehicle charging station $3.44 $3.44 per hour $0 5 Metered City Municipal Lots (pay and display or pay by plate) $1 $1 per hour $0 Parking Permits [b]
6 The following rates are charged for annual parking permits a) Resident $20 $20 $0
b) Guest (limit 2 per residence) $30 $30 $0
c) Business (Merchant) $50 $50 $0
d) Contractor $60 $60 $0
e) Oil Platform Worker/Sub-Contractor (Overnight Parking) $300 $300 per month $0 Activity Description
[a] any disabled person displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the 1st, 8th, and 10th Street ocean-front Municipal Parking Lots without being required to pay parking fees. The vehicles must be parked in the marked Handicapped Parking stalls (unless all stalls are full at the time of entry into the lot). The disabled parking exemption is only for vehicles under 20 ft. in length and does not cover trailers, campers, and/or fifth wheelers attached to the vehicle. If more than one (1) parking space is used the regular daily beach user charge must be paid for the 2nd space used. [b] Resident Permits are issued each year (November 1st through October 31st) and are not prorated. Merchant Permits are issued each fiscal year (July 1st to June 30th) and not prorated. 8 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - PARKING VIOLATIONS
# Code Description Current Fine Proposed Fine Fine Change Note 1 8.15.100 SBMC Surfside - Fire Hydrant $52 $54 $2
2 8.15.080 SBMC Parking in Alley $52 $54 $2
3 8.15.105 SBMC Expired Meter $52 $54 $2
4 8.15.010 SBMC Parkway Violation $52 $54 $2
5 8.15.010 SBMC Red Curb/Sign Violation $52 $54 $2
6 8.15.010 SBMC Traffic Hazard $52 $54 $2
7 8.15.010 SBMC Traffic Hazard Private/Public Property $52 $54 $2 8 8.15.010 SBMC Blocking Entrance to Garage $52 $54 $2
9 8.15.010 SBMC Street Sweeping $52 $54 $2
10 8.15.010 (d) SBMC Parked Over White Line - Surfside $52 $54 $2 11 8.15.020 SBMC Failure to Park in Marked Stall $52 $54 $2 12 8.15.025 SBMC 72 Hour Parking Violation $52 $54 $2
13 8.15.030 SBMC Repairing Vehicle on Street $52 $54 $2 14 8.15.105 SBMC Parking/Driving on Private Property $52 $54 $2 15 8.15.050 SBMC Parking in Violation of Special Event Signs $52 $54 $2 16 8.15.055 SBMC Green Curb $52 $54 $2
17 8.15.055 SBMC One Hour Parking Violation $52 $54 $2
18 8.15.055 SBMC Two Hour Parking Violation $52 $54 $2
19 8.15.115 SBMC Diagonal Parking / Not in Lines $52 $54 $2 20 8.15.115 SBMC Diagonal Parking / 6" from Curb $52 $54 $2 21 8.15.065 SBMC Parking on City Property $52 $54 $2
22 8.15.065 SBMC City Property / Loading / Unloading Zone $52 $54 $2 23 8.15.065 SBMC City Property / Permit Required - Riviera $52 $54 $2 24 8.15.105 SBMC Excessive Vehicle Length $52 $54 $2
25 8.15.085 SBMC Parking an Oversize Vehicle $52 $54 $2 26 8.15.085 SBMC Parking an Unattached Trailer $52 $54 $2 27 8.15.090 SBMC Illegal Commercial Vehicle Parking $82 $85 $3 28 8.20.010 (b-c) SBMC Parking Without Paying (Beach Lots) $52 $54 $2 29 21113 (a) CVC On School Grounds, Obey Signs $52 $54 $2 30 21211 (a) CVC Parking in a Bike Lane $52 $54 $2
31 22500.1 CVC Parking in a Fire Lane $52 $54 $2
32 22500 (a) CVC Parking in an Intersection $52 $54 $2
33 22500 (b) CVC Parking in a Crosswalk $52 $54 $2
9 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - PARKING VIOLATIONS
# Code Description Current Fine Proposed Fine Fine Change Note 34 22500 (e) CVC Parking Across a Driveway $52 $54 $2
35 22500 (f) CVC Parking on a Sidewalk $52 $54 $2
36 22500 (h) CVC Double Parking $52 $54 $2
37 22500 (i) CVC Parking in a Bus Stop $336 $349 $13
38 22500 (k) CVC Parking on a Bridge $52 $54 $2
39 22502 (a) CVC Parking More than 18" from Curb $52 $54 $2 40 22505 (b) CVC Illegal Parking on State Highway $52 $54 $2 41 22507.8(a) CVC Handicap Parking Violation $336 $349 $13 42 22507.8 (c) CVC Obstructing Disabled Parking Spot $336 $349 $13 43 22514 CVC Fire Hydrant Violation $82 $85 $3
44 22515 (a) CVC Leaving Vehicle with Engine Running $52 $54 $2 45 22522 CVC Illegal Parking at Access Ramp $336 $349 $13 46 22523 CVC Abandoned Vehicle $124 $129 $5
47 27155 CVC No Gas Cap $52 * $54 * $2 *
48 4000 (a) CVC Expired Registration $82 * $85 * $3 *
49 4462 (b) CVC Display False Registration $124 $129 $5 50 4464 CVC Altered Plate $82 $85 $3
51 5200 CVC Missing Plate $52 * $54 * $2 *
52 5201 (e) CVC Plate Obstructed $52 * $54 * $2 *
53 5204 (a) CVC Missing Registration Tab $52 * $54 * $2 * 54 26708 (a) CVC Obstructed View thru Windshield $52 $54 $2 55 26710 CVC Defective Windshield $42 * $44 * $2 *
56 27465 (b) CVC Unsafe Tires $42 * $44 * $2 *
57 Late Payment Penalty $28 $28 $0
58 Court Fees Per Citation $12 $12 $0 [a]
59 Parking Violation Corrected Citation
a) Handicap Corrected Violation (CVC 40226) $25 $25 $0 [a] b) All Others $10 $10 $0 [b]
* Reduced to $10 with proof of correction 21 days.
[b] Per equipment violation.
[a] Amounts shown are intended to mirror fees authorized by other agencies, and/or California Vehicle Code. If there is a discrepancy between amounts shown in this schedule and amounts authorized by Court, or State of California, amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 10 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Current Fee Proposed Fee Fee Change Charge Basis Note
A. Community Center Facilities
1 Non-Profit / Resident Meetings of Civic or Service
Organizations a) Up to Two Meetings Per Month $155 $161 $6 annual fee b) Each Additional Meeting $13 $14 $1 per hour
2 Resident Activities
a) Large Room $36 $37 $1 per hour
b) Small Room $26 $27 $1 per hour
c) Cleaning $75-$150 $100 - $300 varies based on usage
d) Staff $20-$40 $30 varies per hour, per staff person
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
3 Non-Resident Activities
a) Large Room $57 $59 $2 per hour
b) Small Room $41 $43 $2 per hour
c) Cleaning $75-$150 $100 - $300 varies based on usage
d) Staff $20-$40 $30 varies per hour, per staff person
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
4 Commercial or Profit Making Activities
a) Large Room $113 $117 $4 per hour
b) Small Room $57 $59 $2 per hour
c) Cleaning $150 $100 - $300 varies based on usage
d) Staff $20-$40 $20-$40 varies per hour, per staff person e) Security Deposit $250 or $500 $250 or $500 $0 [a]
5 Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
Proof of Certificate of Insurance
with City as Additional Insured
n/a
Activity Description
11 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note B. Senior Center and Fire Station 48 Community Room
1 Recreation Sponsored or Co-Sponsored Activity/Meeting No Charge No Charge $0 2 Resident Non-Fund Raising Activities of Civic or Service Organizations
$155 $161 $6 annual fee
3 Resident Fund Raising Activities of Civic or Service
Organizations
a) Rental Rate $36 $37 $1 per hour
b) Cleaning Charge $75-$150 $100 - $300 varies based on usage 4 Non-Resident Non-Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $49 $51 $2 per hour
b) Cleaning Charge $50-$150 $100 - $300 varies based on usage 5 Non-Resident Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $57 $59 $2 per hour
b) Cleaning Charge $75-$150 $100 - $300 varies based on usage 6 Additional Fees
a) Key Deposit $100 $100 $0
b) Alcoholic Beverages Served at Non-City Functions $35 $35 $0 Additional c) Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
Proof of Certificate of Insurance
with City as Additional Insured
n/a
12 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note C. Recreation Program See Note See Note n/a [b]
D. Reserved Use of Municipal Athletic Facilities
1 All Community Parks, No Use of Lights
a) Youth Resident Groups with Non-Profit Status $16 $17 $1 per hour b) Youth Non-Resident Groups $26 $27 $1 per hour
c) Adult Resident Groups $36 $37 $1 per hour
d) Adult Non-Resident Groups $46 $47 $1 per hour
e) Business Use $88 $94 $6 per hour
2 All Community Parks, Including Use of Lights
a) Youth Resident Groups with Non-Profit Status $36 $37 $1 per hour b) Youth Non-Resident Groups $46 $47 $1 per hour
c) Adult Resident Groups $57 $57 $0 per hour
d) Adult Non-Resident Groups $67 $67 $0 per hour
e) Business Use $114 $124 $10 per hour
3 Maintenance of Zoeter Ball Diamond $46 $48 $2 per day, per field 4 Rental of Bases $27 $28 $1 per day, $125 min. deposit 5 Gymnasium
a) Youth Resident Groups with Non-Profit Status $17 $18 $1 per hour b) Youth Non-Resident Groups with Non-Profit Status $29 $30 $1 per hour c) Youth Resident Groups for Private Use $29 $30 $1 per hour d) Adult Resident Groups $39 $40 $1 per hour
e) Adult Non-Resident Groups $57 $59 $2 per hour
f) Business Use $67 $70 $3 per hour
6 Heather and Marina Tennis Courts
a) Youth Resident Groups $17 $17 $17 per hour
b) Youth Non-Resident Groups $22 $22 $22 per hour
c) Adult Resident Groups $33 $33 $33 per hour
d) Adult Non-Resident Groups $38 $38 $38 per hour
e) Business Use $67 $67 $67 per hour
13 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note 6 Outdoor Basketball Courts
a) Youth Resident Groups with Non-Profit Status $13 $13 $0 per hour b) Youth Non-Resident Groups $17 $18 $1 per hour
c) Adult Resident Groups $27 $26 ($1) per hour
d) Adult Non-Resident Groups $37 $31 ($6) per hour
e) Business Use $64 $62 ($2) per hour
7 Beach Volleyball Courts
a) Youth Resident Groups with Non-Profit Status $12 $13 $1 per hour b) Youth Non-Resident Groups $15 $18 $3 per hour
c) Adult Resident Groups $25 $26 $1 per hour
d) Adult Non-Resident Groups $30 $31 $1 per hour
e) Business Use $60 $62 $2 per hour
E. Edison Community Garden $75 $80 $5 per year, per plot 14 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note F. Tennis Center
1 Tennis Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $110 $110 $0
ii) Annual $1,210 $1,210 $0
c) Couple Membership
i) Per Month $130 $130 $0
ii) Annual $1,430 $1,430 $0
d) Family Membership
i) Per Month $140 $140 $0
ii) Annual $1,540 $1,540 $0
e) Junior Membership
i) Per Month $60 $60 $0
ii) Annual $660 $660 $0
2 Tennis Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $110 $132 $22
ii) Annual $1,210 $1,452 $242
c) Couple Membership
i) Per Month $130 $156 $26
ii) Annual $1,430 $1,716 $286
d) Family Membership
i) Per Month $140 $168 $28
ii) Annual $1,540 $1,848 $308
e) Junior Membership
i) Per Month $60 $72 $12
ii) Annual $660 $792 $132
15 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note 3 Pickleball Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $45 $55 $10
ii) Annual $495 $605 $110
c) Couple Membership
i) Per Month $65 $65 $0
ii) Annual $715 $715 $0
d) Family Membership
i) Per Month n/a $70 n/a
ii) Annual n/a $770 n/a
e) Junior Membership
i) Per Month n/a $30 n/a
ii) Annual n/a $330 n/a
4 Pickleball Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $45 $66 $21
ii) Annual $495 $726 $231
c) Couple Membership
i) Per Month $65 $78 $13
ii) Annual $715 $858 $143
d) Family Membership
i) Per Month n/a $84 n/a
ii) Annual n/a $924 n/a
e) Junior Membership
i) Per Month n/a $36 n/a
ii) Annual n/a $396 n/a
16 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - RECREATION FEES
Activity Description Current Fee Proposed Fee Fee Change Charge Basis Note 5 Pickleball Non-Member Daily Drop-In Fee $3 $5 $2 per person per day 6 Tennis Guest Fee / Daily Drop-In Fee
a) With Member (once per month) $13 $13 $0 Once per month b) During General Public Hours $10 $10 $0 per person per day 7 Court Rental Fee
a) 12 p.m. - 5 p.m. $12 $12 $0 per hour per court
b) 5 p.m. - 9:30 p.m. $15 $15 $0 per hour per court
c) Business or Non-Resident Use $12 - $15 $30 n/a per hour per court 8 Ball Machine Rental
a) Member $10 $10 $0 per hour
b) Non-Member $20 $20 $0 per hour
c) Junior Use $8 $8 $0 per hour
9 Fitness Membership
a) One Time Admin Sign-Up Fee $55 $55 $0
b) Resident Membership
i) Per Month $25 $25 $0
ii) Annual $275 $275 $0
c) Non-Resident Membership
i) Per Month $25 $30 $5
ii) Annual $275 $330 $55
[a] Rentals of 75 people or more, or having alcohol present, require two staff members to be present and a security deposit of $500. Rentals with less than 75 people and without alcohol require a security deposit of $250. [b] Fees shall be based on type of program, number of participants and instructors, officials, etc. required in the program; and shall be based on full cost recovery where feasible including administrative costs.
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. 17 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - JUNIOR LIFEGUARD AND AQUATICS FEES Current Fee Proposed Fee Change Charge Basis Note
Junior Lifeguard Program
1 Resident
a) First child $575 $635 $60
b) Second and subsequent sibling $550 $610 $60 per child 2 Non-resident
a) First child $600 $685 $85
b) Second and subsequent sibling $575 $660 $85 per child 3 City of Seal Beach Employee (Dependent) 50% Discount 50% Discount 4 City of Seal Beach Employee, Junior Lifeguard Instructor (Dependent)
Free Free
5 Preparation swim class $150 $175 $25
6 Conditioning swim class $150 $175 $25
7 Last Chance swim class $75 $100 $25
Activity Description
18 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - JUNIOR LIFEGUARD AND AQUATICS FEES Activity Description Current Fee Proposed Fee Change Charge Basis Note Swimming Pool
1 Recreation and Family Swim Summer Pass (Up to 6 People) a) Resident $30 $30 $0 per family
b) Non-Resident $60 $60 $0 per family
2 Lap Swim
a) 16 Swim Pass
i) Youth $40 $40 $0 per pass
ii) All Others $80 $80 $0 per pass
b) 34 Swim Pass $136 $136 $0 per pass
c) Annual Swim Pass $300 $300 $0 per pass
d) Lost Pass Replacement $10 $10 $0 per pass
3 Swim Instruction
a) Resident $75 $75 $0
b) Non-Resident $100 $100 $0
c) Competitive Instruction Pool Use $55 $55 $0 per hour 4 Weekend Pool Party Rentals (2-hour supervised rental) a) Resident - 40 participants or less $220 $220 $0
b) Non-Resident - 40 participants or less $240 $240 $0
5 Aquatics Class $155 $175 $20
6 Liability / Special Event Insurance Proof of Certificate of Insurance with City as Additional Insured
Proof of Certificate of Insurance
with City as Additional Insured
n/a
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. 19 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - SPECIAL EVENT FEES
Current Fee Proposed Fee Fee Change Charge Basis Note
Special Activity Request Application
1 Weddings and wedding receptions, memorial services, and other group activities involving 25 persons or more
(including, but not limited to, City Hall Courtyard and public beach) - outdoor ceremonies are subject to City scheduling a) Resident $134 $147 $13 per hour
b) Non-Resident $268 $295 $27 per hour
c) Commercial $438 $482 $44 per hour
2 Banner Placement Activities Actual Costs
plus $100 deposit
Actual Costs
plus $110 deposit
$10
3 Booth space for special events sponsored by the Community Services Department a) Non-Profit Group $57 $63 $6
b) For-Profit Group $113 $124 $11
4 Special Event Public Noticing $108 $119 $11
5 Special Event Reserved Parking Fee
a) September 16th through May 14th $25 $28 $3 per space b) May 15th through September 15th $33 $36 $3 per space Other
6 Street Closure (Refundable Guaranty) $750 minimum deposit See note
$825 minimum deposit
See note
$75 [a]
7 Park Damage (Refundable Guaranty) $750 minimum deposit See note
$825 minimum deposit
See note
$75 [b]
8 Special Events
a) Power Turn On for Special Events $60 $66 $6
b) Pier Restroom Cleaning (each occurrence) $100 $110 $10 c) Building Facility Cleaning (each occurrence) $100 $110 $10 d) Street Sweeping (after Special Events 2 hr. minimum) $210 $231 $21 [a] Deposit is for each block of street closed to cover clean up and/or damage costs. Unused deposit amount is refundable. [b] Deposit is for use of parks or beach for special events. Larger deposits may be conditioned depending upon the size and the scope of the event. Unused deposit amount is refundable.
Activity Description
20 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - FILMING AND PHOTOGRAPHY FEES Current Fee Proposed Fee Fee Change Charge Basis Note
A. Commercial Still Photography
1 Permit Application
a) Student (need instructor verification) $25 $28 $3
b) Professional Commercial Film and/or Video Production $75 $83 $8 2 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 $0 per fiscal year
3 Location Fee - General $125 $138 $13 per day
B. Motion Picture, Including Video
4 Permit Application
a) Student (need instructor verification) $100 $110 $10 b) Professional Commercial Film and/or Video Production $175 $193 $18 5 Expedited Film Permit $350 $385 $35
6 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 $0 per fiscal year
7 Use of City Property - In Addition to General Location [a] a) Beach, Pier, and/or Park Area $350 $385 $35
b) Lifeguard Station - Interior $215 $237 $22
c) City Hall $215 $237 $22
d) City Jail $525 $578 $53
e) Deposit for staff time and/or property damage) $500 $550 $50 minimum deposit amount [b] 8 Use of City Personnel Reimbursed at Fully-Burdened
Hourly Rate
Reimbursed at Fully-Burdened
Hourly Rate
$0
9 Use of City Equipment and Vehicles Reimbursed at Market Rental Rates Reimbursed at Market Rental Rates $0 10 Use of City Parking Lots
a) September 16th through May 14th $25 $28 $3 per space b) May 15th through September 15th $33 $36 $3 per space [a] Use of other City property will be charged applicable fees identified elsewhere in this schedule or by determination of the City Manager's Office. [b] Deposit will be determined based upon the scope of the production and will be inclusive of set-up and striking.
Activity Description
21 City of Seal Beach
BEFORE AND AFTER ILLUSTRATION - ADMINISTRATIVE FEES
Current Fee Proposed Fee Fee Change Charge Basis Note
A. Documents
1 Copy Charge
a) 8.5" x 11" $0.25 $0.25 $0.00 per page
b) 8.5" x 14" and 11" x 17" $0.50 $0.50 $0.00 per page
c) Color Copies $0.50 $0.50 $0.00 per page
2 Preparation of Electronic Media $8 $8 $0 per USB
3 Preparation of Custom Reports Actual Hourly Cost Actual Hourly Cost $0 per request 4 Municipal Code, Master Plans, Budget Reports, Etc. Actual Cost Available Online $0 5 Economic Interest Disclosure and Campaign Statements $0.10 $0.10 $0.00 per page [a] 6 Candidate Filing Fee $25 $25 $0 [b]
7 Notice of Intent to Circulate Petition $200 $200 $0 [c] 8 Certified Copy of City Document $8 $8 $0
9 Residency Verification $8 $8 $0
10 Credit Card Processing Fee 3% 3% $0 Percent of fees paid by credit card
11 Postage Actual Cost Actual Cost $0 per request [d]
B. Returned Items
1 Returned Items / Non-Sufficient Funds Transactions / Etc. $25 for first; $35 each additional $25 for first; $35 each additional $0 C. Infraction / Administrative Penalties
1 Infraction Penalty - In a 12 month time period
a) First Offense $500 $500 $0
b) Second Offense $750 $750 $0
c) Third Offense $1,000 $1,000 $0
2 Administrative Penalty - In a 12 month time period
a) First Offense $100 $100 $0
b) Second Offense $200 $200 $0
c) Third Offense $500 $500 $0
3 Administrative Hearing Deposit $1,500 $1,500 $0
[a] Government Code Section 81008.
[b] Elections Code Section 10228. Fee is non-refundable. [c] Elections Code Section 9202. Fee is refundable.
[d] All mail requests shall have the cost of postage added to the charge set forth.
Activity Description
22 ATTACHMENT C – COST OF SERVICE ANALYSIS
User and Regulatory Fees
Fee-Related Cost of Service Analysis
COST OF SERVICE ANALYSIS PAGE
Recreation, Special Event, Filming and Photography Permit Fees 1 Police Department Fees 15
Utility Customer Service Fees 28
Administrative Fees 34
City of Seal Beach
Cost of Service Analysis
User and Regulatory Fees
Cost Recovery Analysis
Recreation, Special Event, Filming & Photography Permit Fees 1 City of Seal Beach
User and Regulatory Fee Study
Cost Recovery Analysis - Community Services
Recurring Expenditures - Recreation Administration: 070 Fd 001 Description Total Adjustment
Available for
Allocation Notes
Full-time Salaries $ 192,200 $ - $ 192,200
Over-time PT $ 500 $ - $ 500
Over-time $ 2,000 $ - $ 2,000
Deferred Compensation $ 3,900 $ - $ 3,900
PERS Retirement $ 31,100 $ - $ 31,100
Medical Insurance $ 39,700 $ - $ 39,700
AFLAC Insurance-Cafeteria $ 100 $ - $ 100
Medicare Insurance $ 3,000 $ - $ 3,000
Life and Disability $ 1,800 $ - $ 1,800
Cafeteria Taxable $ 4,700 $ - $ 4,700
Vacation Buy/Payout $ 1,900 $ - $ 1,900
Wellness Health Program $ 1,000 $ - $ 1,000
Office Supplies $ 1,200 $ - $ 1,200
Memberships and Dues $ 1,000 $ - $ 1,000
Training and Meetings $ 900 $ - $ 900
Special Departmental $ 5,000 $ - $ 5,000
Telephone $ 1,300 $ - $ 1,300
Cable Television $ 2,200 $ - $ 2,200
Contract Professional $ 12,000 $ - $ 12,000
Subtotal $ 305,500 $ - $ 305,500
Allocation of Citywide Overhead $ 127,621 $ - $ 127,621 [a] Total $ 433,121 $ - $ 433,121
2 City of Seal Beach
User and Regulatory Fee Study
Cost Recovery Analysis - Community Services
Recurring Expenditures - Direct Service Divisions
Description
016 Fd 001
Senior Bus
Program
071 Fd 001
Sports Leagues
072 Fd 001
Leisure Classes
074 Fd 001
Tennis Center
072 Fd 034
Leisure Classes -
Tidelands Total Notes
Full-time Salaries $ - $ 31,600 $ - $ 94,900 $ - $ 126,500 Over-time PT $ - $ - $ - $ - $ - $ -
Part-time $ - $ - $ - $ 49,000 $ - $ 49,000
Deferred Compensation $ - $ 500 $ - $ 1,600 $ - $ 2,100 PERS Retirement $ - $ 2,600 $ - $ 7,700 $ - $ 10,300
PARS Retirement $ - $ - $ - $ 600 $ - $ 600
Medical Insurance $ - $ 5,900 $ - $ 29,300 $ - $ 35,200 Medicare Insurance $ - $ 500 $ - $ 2,100 $ - $ 2,600
Life and Disability $ - $ 300 $ - $ 1,000 $ - $ 1,300
Wellness Health Program $ - $ 200 $ - $ 600 $ - $ 800
Office Supplies $ - $ - $ 600 $ - $ - $ 600
Public/Legal Notices $ - $ - $ - $ - $ - $ -
Printing $ - $ - $ 12,600 $ - $ - $ 12,600
Memberships and Dues $ - $ - $ - $ - $ - $ -
Equipment and Materials $ - $ 2,000 $ 1,000 $ - $ - $ 3,000 Bldg/Material/Supplies $ - $ - $ - $ 13,000 $ - $ 13,000 Special Departmental $ - $ - $ 12,500 $ 2,500 $ - $ 15,000 Bldg/Ground Materials $ - $ - $ - $ 19,400 $ - $ 19,400 Telephone $ - $ - $ - $ 600 $ - $ 600
Cable Television $ - $ - $ - $ 1,900 $ - $ 1,900
Gas $ - $ - $ - $ 600 $ - $ 600
Electricity $ - $ - $ 15,000 $ 34,000 $ - $ 49,000
Contract Professional $ 260,000 $ - $ 150,000 $ 51,100 $ 160,000 $ 621,100 Intergovernmental $ - $ - $ 2,000 $ 900 $ - $ 2,900
Subtotal $ 260,000 $ 43,600 $ 193,700 $ 310,800 $ 160,000 $ 968,100 Allocation of Citywide Overhead $ 42,900 $ 20,982 $ 31,961 $ 95,550 $ 26,400 $ 217,793 [a] Allocation Factor for Recreation Admin 13% 13% 41% 27% 6% 100% [b] Allocation of Recreation Admin $ 56,306 $ 56,306 $ 177,580 $ 116,943 $ 25,987 $ 433,121 Total $ 359,206 $ 120,888 $ 403,240 $ 523,292 $ 212,387 $ 1,619,014 Allocation of Central Services
Description
Indirect
Rate Salaries Op Expenses Total Adjust SubTotal Notes
Citywide Overhead Rate - Labor Divisions 66% $ 367,700 n/a $244,153 $0 $244,153 Citywide Overhead Rate - Contract Svcs 17% n/a $ 613,700 $101,261 $0 $101,261 Total $244,153 $0 $244,153
3 City of Seal Beach
User and Regulatory Fee Study
Cost Recovery Analysis - Community Services
Revenues
Description
016 Fd 001
Senior Bus
Program
071 Fd 001
Sports Leagues
072 Fd 001
Leisure Classes
074 Fd 001
Tennis Center
072 Fd 034
Leisure Classes -
Tidelands Total Notes Account
Senior Bus Program OCTA $ 70,000 $ 70,000 001-016-30990 Senior Nutrition Transportation $ 4,800 $ 4,800 001-016-30993 Sports Fees $ 13,000 $ 13,000 001-071-30650
Recreation Facilities Rent $ 120,000 $ 120,000 001-072-30600 Leisure Program Fees $ 140,000 $ 140,000 001-072-30610
Tennis Center Services $ 247,000 $ 247,000 001-074-30645 Pro Shop Sales $ 16,000 $ 16,000 001-074-30646
Recreation Facilities Rent $ 2,000 $ 2,000 034-072-30600 Leisure Program Fees $ 220,000 $ 220,000 034-072-30610
Subtotal $ 74,800 $ 13,000 $ 260,000 $ 263,000 $ 222,000 $ 832,800 Cost Recovery Analysis - Full Cost
Description
016 Fd 001
Senior Bus
Program
071 Fd 001
Sports Leagues
072 Fd 001
Leisure Classes
074 Fd 001
Tennis Center
072 Fd 034
Leisure Classes -
Tidelands Total Notes
Revenues $ 74,800 $ 13,000 $ 260,000 $ 263,000 $ 222,000 $ 832,800 Allocable Costs $ 359,206 $ 120,888 $ 403,240 $ 523,292 $ 212,387 $ 1,619,014 [c] Over / (Under) $ (284,406) $ (107,888) $ (143,240) $ (260,292) $ 9,613 $ (786,214) * Source: FY 21/22 adopted budget
[a] Amount intended to represent a reasonable conservative estimate of Citywide overhead allocation. [b] Amount intended to represent a reasonable estimate. Amount will vary depending on needs/priority projects. [c] Amount shown exlcude portions of public works support provided to support City programs (example: PW support to Tidelands Beach Maintenance is $838,000. This amount is in addition to amounts shown above). 4 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note A. Community Center Facilities
1 Non-Profit / Resident Meetings of Civic or Service Organizations a) Up to Two Meetings Per Month $155 $161 $6 annual fee b) Each Additional Meeting $13 $14 $1 per hour
2 Resident Activities
a) Large Room $36 $37 $1 per hour
b) Small Room $26 $27 $1 per hour
c) Cleaning $75-$150 $100 - $300 varies based on usage
d) Staff $20-$40 $30 varies per hour, per staff person
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
3 Non-Resident Activities
a) Large Room $57 $59 $2 per hour
b) Small Room $41 $43 $2 per hour
c) Cleaning $75-$150 $100 - $300 varies based on usage
d) Staff $20-$40 $30 varies per hour, per staff person
e) Security Deposit $250 or $500 $250 or $500 $0 [a]
4 Commercial or Profit Making Activities
a) Large Room $113 $117 $4 per hour
b) Small Room $57 $59 $2 per hour
c) Cleaning $150 $100 - $300 varies based on usage
d) Staff $20-$40 $20-$40 varies per hour, per staff person e) Security Deposit $250 or $500 $250 or $500 $0 [a]
5 Liability / Special Event Insurance Proof of Certificate of Insurance with City as
Additional Insured
Proof of Certificate of
Insurance with City as
Additional Insured
n/a
5 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note B. Senior Center and Fire Station 48 Community Room
1 Recreation Sponsored or Co-Sponsored Activity/Meeting No Charge No Charge $0 2 Resident Non-Fund Raising Activities of Civic or Service Organizations
$155 $161 $6 annual fee
3 Resident Fund Raising Activities of Civic or Service Organizations a) Rental Rate $36 $37 $1 per hour
b) Cleaning Charge $75-$150 $100 - $300 varies based on usage 4 Non-Resident Non-Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $49 $51 $2 per hour
b) Cleaning Charge $50-$150 $100 - $300 varies based on usage 5 Non-Resident Fund Raising Activities of Civic or Service Organizations
a) Rental Rate $57 $59 $2 per hour
b) Cleaning Charge $75-$150 $100 - $300 varies based on usage 6 Additional Fees
a) Key Deposit $100 $100 $0
b) Alcoholic Beverages Served at Non-City Functions $35 $35 $0 Additional c) Liability / Special Event Insurance Proof of Certificate of Insurance with City as
Additional Insured
Proof of Certificate of
Insurance with City as
Additional Insured
n/a
6 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note C. Recreation Program See Note See Note n/a [b]
D. Reserved Use of Municipal Athletic Facilities
1 All Community Parks, No Use of Lights
a) Youth Resident Groups with Non-Profit Status $16 $17 $1 per hour b) Youth Non-Resident Groups $26 $27 $1 per hour
c) Adult Resident Groups $36 $37 $1 per hour
d) Adult Non-Resident Groups $46 $47 $1 per hour
e) Business Use $88 $94 $6 per hour
2 All Community Parks, Including Use of Lights
a) Youth Resident Groups with Non-Profit Status $36 $37 $1 per hour b) Youth Non-Resident Groups $46 $47 $1 per hour
c) Adult Resident Groups $57 $57 $0 per hour
d) Adult Non-Resident Groups $67 $67 $0 per hour
e) Business Use $114 $124 $10 per hour
3 Maintenance of Zoeter Ball Diamond $46 $48 $2 per day, per field 4 Rental of Bases $27 $28 $1 per day, $125 min. deposit 5 Gymnasium
a) Youth Resident Groups with Non-Profit Status $17 $18 $1 per hour b) Youth Non-Resident Groups with Non-Profit Status $29 $30 $1 per hour c) Youth Resident Groups for Private Use $29 $30 $1 per hour d) Adult Resident Groups $39 $40 $1 per hour
e) Adult Non-Resident Groups $57 $59 $2 per hour
f) Business Use $67 $70 $3 per hour
6 Heather and Marina Tennis Courts
a) Youth Resident Groups $17 $17 $17 per hour
b) Youth Non-Resident Groups $22 $22 $22 per hour
c) Adult Resident Groups $33 $33 $33 per hour
d) Adult Non-Resident Groups $38 $38 $38 per hour
e) Business Use $67 $67 $67 per hour
7 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note 6 Outdoor Basketball Courts
a) Youth Resident Groups with Non-Profit Status $13 $13 $0 per hour b) Youth Non-Resident Groups $17 $18 $1 per hour
c) Adult Resident Groups $27 $26 ($1) per hour
d) Adult Non-Resident Groups $37 $31 ($6) per hour
e) Business Use $64 $62 ($2) per hour
7 Beach Volleyball Courts
a) Youth Resident Groups with Non-Profit Status $12 $13 $1 per hour b) Youth Non-Resident Groups $15 $18 $3 per hour
c) Adult Resident Groups $25 $26 $1 per hour
d) Adult Non-Resident Groups $30 $31 $1 per hour
e) Business Use $60 $62 $2 per hour
E. Edison Community Garden $75 $80 $5 per year, per plot 8 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note F. Tennis Center
1 Tennis Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $110 $110 $0
ii) Annual $1,210 $1,210 $0
c) Couple Membership
i) Per Month $130 $130 $0
ii) Annual $1,430 $1,430 $0
d) Family Membership
i) Per Month $140 $140 $0
ii) Annual $1,540 $1,540 $0
e) Junior Membership
i) Per Month $60 $60 $0
ii) Annual $660 $660 $0
2 Tennis Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $110 $132 $22
ii) Annual $1,210 $1,452 $242
c) Couple Membership
i) Per Month $130 $156 $26
ii) Annual $1,430 $1,716 $286
d) Family Membership
i) Per Month $140 $168 $28
ii) Annual $1,540 $1,848 $308
e) Junior Membership
i) Per Month $60 $72 $12
ii) Annual $660 $792 $132
9 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note 3 Pickleball Membership - Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $45 $55 $10
ii) Annual $495 $605 $110
c) Couple Membership
i) Per Month $65 $65 $0
ii) Annual $715 $715 $0
d) Family Membership
i) Per Month n/a $70 n/a
ii) Annual n/a $770 n/a
e) Junior Membership
i) Per Month n/a $30 n/a
ii) Annual n/a $330 n/a
4 Pickleball Membership - Non-Resident
a) One Time Admin Sign-Up Fee $135 $135 $0
b) Single Membership
i) Per Month $45 $66 $21
ii) Annual $495 $726 $231
c) Couple Membership
i) Per Month $65 $78 $13
ii) Annual $715 $858 $143
d) Family Membership
i) Per Month n/a $84 n/a
ii) Annual n/a $924 n/a
e) Junior Membership
i) Per Month n/a $36 n/a
ii) Annual n/a $396 n/a
10 City of Seal Beach
User and Regulatory Fee Study
Recreation Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note 5 Pickleball Non-Member Daily Drop-In Fee $3 $5 $2 per person per day 6 Tennis Guest Fee / Daily Drop-In Fee
a) With Member (once per month) $13 $13 $0 Once per month b) During General Public Hours $10 $10 $0 per person per day 7 Court Rental Fee
a) 12 p.m. - 5 p.m. $12 $12 $0 per hour per court
b) 5 p.m. - 9:30 p.m. $15 $15 $0 per hour per court
c) Business or Non-Resident Use $12 - $15 $30 n/a per hour per court 8 Ball Machine Rental
a) Member $10 $10 $0 per hour
b) Non-Member $20 $20 $0 per hour
c) Junior Use $8 $8 $0 per hour
9 Fitness Membership
a) One Time Admin Sign-Up Fee $55 $55 $0
b) Resident Membership
i) Per Month $25 $25 $0
ii) Annual $275 $275 $0
c) Non-Resident Membership
i) Per Month $25 $30 $5
ii) Annual $275 $330 $55
[a] Rentals of 75 people or more, or having alcohol present, require two staff members to be present and a security deposit of $500. Rentals with less than 75 people and without alcohol require a security deposit of $250.
[b] Fees shall be based on type of program, number of participants and instructors, officials, etc. required in the program; and shall be based on full cost recovery where feasible including administrative costs.
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. 11 City of Seal Beach
User and Regulatory Fee Study
Aquatics Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note Swimming Pool
1 Recreation and Family Swim Summer Pass (Up to 6 People) a) Resident $30 $30 $0 per family
b) Non-Resident $60 $60 $0 per family
2 Lap Swim
a) 16 Swim Pass
i) Youth $40 $40 $0 per pass
ii) All Others $80 $80 $0 per pass
b) 34 Swim Pass $136 $136 $0 per pass
c) Annual Swim Pass $300 $300 $0 per pass
d) Lost Pass Replacement $10 $10 $0 per pass
3 Swim Instruction
a) Resident $75 $75 $0
b) Non-Resident $100 $100 $0
c) Competitive Instruction Pool Use $55 $55 $0 per hour 4 Weekend Pool Party Rentals (2-hour supervised rental) a) Resident - 40 participants or less $220 $220 $0
b) Non-Resident - 40 participants or less $240 $240 $0
5 Aquatics Class $155 $175 $20
6 Liability / Special Event Insurance Proof of Certificate of Insurance with City as
Additional Insured
Proof of Certificate of
Insurance with City as
Additional Insured
n/a
Note: Special event charges are imposed by the management and are not governed in this Cost resolution. 12 City of Seal Beach
User and Regulatory Fee Study
Special Event Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note Special Activity Request Application
1 Weddings and wedding receptions, memorial services, and other group activities involving 25 persons or more (including, but not limited to, City Hall Courtyard and public beach) - outdoor ceremonies are subject to City scheduling
a) Resident $134 $147 $13 per hour
b) Non-Resident $268 $295 $27 per hour
c) Commercial $438 $482 $44 per hour
2 Banner Placement Activities Actual Costs
plus $100 deposit
Actual Costs
plus $110 deposit
$10
3 Booth space for special events sponsored by the Community Services Department
a) Non-Profit Group $57 $63 $6
b) For-Profit Group $113 $124 $11
4 Special Event Public Noticing $108 $119 $11
5 Special Event Reserved Parking Fee
a) September 16th through May 14th $25 $28 $3 per space b) May 15th through September 15th $33 $36 $3 per space Other
6 Street Closure (Refundable Guaranty) $750 minimum deposit See note
$825 minimum deposit
See note
$75 [a]
7 Park Damage (Refundable Guaranty) $750 minimum deposit See note
$825 minimum deposit
See note
$75 [b]
8 Special Events
a) Power Turn On for Special Events $60 $66 $6
b) Pier Restroom Cleaning (each occurrence) $100 $110 $10 c) Building Facility Cleaning (each occurrence) $100 $110 $10 d) Street Sweeping (after Special Events 2 hr. minimum) $210 $231 $21 [a] Deposit is for each block of street closed to cover clean up and/or damage costs. Unused deposit amount is refundable. [b] Deposit is for use of parks or beach for special events. Larger deposits may be conditioned depending upon the size and the scope of the event. Unused deposit amount is refundable. 13 City of Seal Beach
User and Regulatory Fee Study
Filming and Photography Fees
Illustration of Proposed Fee Changes
Fee Description Current Fee Proposed Fee Fee Change Unit Note A. Commercial Still Photography
1 Permit Application
a) Student (need instructor verification) $25 $28 $3
b) Professional Commercial Film and/or Video Production $75 $83 $8 2 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 $0 per fiscal year
3 Location Fee - General $125 $138 $13 per day
B. Motion Picture, Including Video
4 Permit Application
a) Student (need instructor verification) $100 $110 $10 b) Professional Commercial Film and/or Video Production $175 $193 $18 5 Expedited Film Permit $350 $385 $35
6 Business License (in addition to separately collected State Mandated Fees, e.g., $4 State fee)
$219 $219 $0 per fiscal year
7 Use of City Property - In Addition to General Location [a] a) Beach, Pier, and/or Park Area $350 $385 $35
b) Lifeguard Station - Interior $215 $237 $22
c) City Hall $215 $237 $22
d) City Jail $525 $578 $53
e) Deposit for staff time and/or property damage) $500 $550 $50 minimum deposit amount [b] 8 Use of City Personnel Reimbursed at FullyBurdened Hourly RateReimbursed at FullyBurdened Hourly Rate$0 9 Use of City Equipment and Vehicles Reimbursed at Market Rental Rates
Reimbursed at Market
Rental Rates
$0
10 Use of City Parking Lots
a) September 16th through May 14th $25 $28 $3 per space b) May 15th through September 15th $33 $36 $3 per space [a] Use of other City property will be charged applicable fees identified elsewhere in this schedule or by determination of the City Manager's Office. [b] Deposit will be determined based upon the scope of the production and will be inclusive of set-up and striking. 14 User and Regulatory Fees
Cost Recovery Analysis
Police Fees
15 City of Seal Beach
User and Regulatory Fee Study
Calculation of Fully-Burdened Hourly Rates - Police
Recurring Expenses
Fund # Fund Desc Div Dept Desc Account # Account Desc Total Adjust SubTotal Notes 001 General Fund 022 PD Field Services 001-022-40001 Full - Time Salaries $4,780,000 $0 $4,780,000 [a] 001 General Fund 022 PD Field Services 001-022-40002 Special Pay $10,000 $0 $10,000 [a] 001 General Fund 022 PD Field Services 001-022-40003 Over-time $300,000 $0 $300,000 [a] 001 General Fund 022 PD Field Services 001-022-40004 Part-time $4,800 $0 $4,800 [a] 001 General Fund 022 PD Field Services 001-022-40005 Holiday Pay $313,600 $0 $313,600 [a] 001 General Fund 022 PD Field Services 001-022-40007 Tuition Reimbursement $11,500 $0 $11,500 [a] 001 General Fund 022 PD Field Services 001-022-40009 Cell Phone Allowance $13,700 $0 $13,700 [a] 001 General Fund 022 PD Field Services 001-022-40011 Deferred Compensation $1,100 $0 $1,100 [a] 001 General Fund 022 PD Field Services 001-022-40012 PERS Retirement $2,525,800 $0 $2,525,800 [a] 001 General Fund 022 PD Field Services 001-022-40013 PARS Retirement $100 $0 $100 [a] 001 General Fund 022 PD Field Services 001-022-40014 Medical Insurance $509,200 $0 $509,200 [a] 001 General Fund 022 PD Field Services 001-022-40015 AFLAC Insurance - Cafeteria $7,300 $0 $7,300 [a] 001 General Fund 022 PD Field Services 001-022-40017 Medicare Insurance $84,800 $0 $84,800 [a] 001 General Fund 022 PD Field Services 001-022-40018 Life and Disability $36,100 $0 $36,100 [a] 001 General Fund 022 PD Field Services 001-022-40020 Uniform Allowance $35,200 $0 $35,200 [a] 001 General Fund 022 PD Field Services 001-022-40021 Annual Education $144,300 $0 $144,300 [a] 001 General Fund 022 PD Field Services 001-022-40022 Flexible Spending - Cafeteria $3,200 $0 $3,200 [a] 001 General Fund 022 PD Field Services 001-022-40023 Cafeteria - Taxable $43,900 $0 $43,900 [a] 001 General Fund 022 PD Field Services 001-022-40026 Comptime Buy/Payout $10,000 ($10,000) $0 [a],[b] 001 General Fund 022 PD Field Services 001-022-40027 Vacation Buyout/Payout $142,400 ($142,400) $0 [a],[b] 001 General Fund 022 PD Field Services 001-022-40028 Sick Payout $0 $0 $0 [a] 001 General Fund 022 PD Field Services 001-022-40030 Unemployment $0 $0 $0 [a] 001 General Fund 022 PD Field Services 001-022-40032 Health and Wellness Fitness $0 $0 $0 [a] 001 General Fund 022 PD Field Services 001-022-40033 Medical Waiver $35,800 $0 $35,800 [a] 001 General Fund 022 PD Field Services 001-022-40400 Training and Meetings $48,300 $0 $48,300 [a] Total $9,061,100 ($152,400) $8,908,700
16 City of Seal Beach
User and Regulatory Fee Study
Calculation of Fully-Burdened Hourly Rates - Police
Recurring Expenses, continued
Fund # Fund Desc Div Dept Desc Account # Account Desc Total Adjust SubTotal Notes 001 General Fund 023 PD Support Services 001-023-40001 Full - Time Salaries $587,100 $0 $587,100 [a] 001 General Fund 023 PD Support Services 001-023-40002 Over-time PT $0 $0 $0 [a] 001 General Fund 023 PD Support Services 001-023-40003 Over-time $15,000 $0 $15,000 [a] 001 General Fund 023 PD Support Services 001-023-40004 Part-time $115,500 $0 $115,500 [a] 001 General Fund 023 PD Support Services 001-023-40007 Tuition Reimbursement $3,000 $0 $3,000 [a] 001 General Fund 023 PD Support Services 001-023-40009 Cell Phone Allowance $900 $0 $900 [a] 001 General Fund 023 PD Support Services 001-023-40011 Deferred Compensation $8,300 $0 $8,300 [a] 001 General Fund 023 PD Support Services 001-023-40012 PERS Retirement $136,400 $0 $136,400 [a] 001 General Fund 023 PD Support Services 001-023-40013 PARS Retirement $1,500 $0 $1,500 [a] 001 General Fund 023 PD Support Services 001-023-40014 Medical Insurance $75,700 $0 $75,700 [a] 001 General Fund 023 PD Support Services 001-023-40015 AFLAC Insurance - Cafeteria $4,400 $0 $4,400 [a] 001 General Fund 023 PD Support Services 001-023-40017 Medicare Insurance $11,000 $0 $11,000 [a] 001 General Fund 023 PD Support Services 001-023-40018 Life and Disability $5,800 $0 $5,800 [a] 001 General Fund 023 PD Support Services 001-023-40020 Uniform Allowance $3,500 $0 $3,500 [a] 001 General Fund 023 PD Support Services 001-023-40022 Flexible Spending - Cafeteria $500 $0 $500 [a] 001 General Fund 023 PD Support Services 001-023-40023 Cafeteria - Taxable $6,200 $0 $6,200 [a] 001 General Fund 023 PD Support Services 001-023-40026 Comptime Buy/Payout $0 $0 $0 [a] 001 General Fund 023 PD Support Services 001-023-40027 Vacation Buyout/Payout $11,700 ($11,700) $0 [a],[b] 001 General Fund 023 PD Support Services 001-023-40032 Health and Wellness Fitness $1,300 $0 $1,300 [a] 001 General Fund 023 PD Support Services 001-023-40033 Medical Waiver $5,700 $0 $5,700 [a] 001 General Fund 023 PD Support Services 001-023-40100 Office Supplies $15,000 $0 $15,000 [a] 001 General Fund 023 PD Support Services 001-023-40300 Memberships and Dues $4,300 $0 $4,300 [a] 001 General Fund 023 PD Support Services 001-023-40400 Training and Meetings $7,500 $0 $7,500 [a] 001 General Fund 023 PD Support Services 001-023-40700 Equipment and Materials $36,800 $0 $36,800 [a] 001 General Fund 023 PD Support Services 001-023-40800 Special Departmental $58,000 $0 $58,000 [a] 001 General Fund 023 PD Support Services 001-023-40804 Vehicles Leasing $800 $0 $800 [a] 001 General Fund 023 PD Support Services 001-023-41000 Telephone $68,400 $0 $68,400 [a] 001 General Fund 023 PD Support Services 001-023-41010 Gas $3,800 $0 $3,800 [a] 001 General Fund 023 PD Support Services 001-023-41020 Electricity $64,000 $0 $64,000 [a] 001 General Fund 023 PD Support Services 001-023-42000 Rental/Lease Equip $37,500 $0 $37,500 [a] 001 General Fund 023 PD Support Services 001-023-44000 Contract Professional $80,800 $0 $80,800 [a] 001 General Fund 023 PD Support Services 001-023-45000 Intergovernmental $107,000 $0 $107,000 [a] 001 General Fund 023 PD Support Services 001-023-48010 Furniture and Fixtures $0 $0 $0 [a] Total $1,477,400 ($11,700) $1,465,700
Total $10,538,500 ($164,100) $10,374,400
17 City of Seal Beach
User and Regulatory Fee Study
Calculation of Fully-Burdened Hourly Rates - Police
Allocation of Central Services
Description
Indirect
Rate Salaries Total Adjust SubTotal Notes
Citywide Overhead Rate 67% $5,367,100 $3,595,957 $0 $3,595,957 [c] Total $3,595,957 $0 $3,595,957
Total Costs for Allocation
Description Total Notes
Direct Costs $10,374,400
Citywide Overhead Costs $3,595,957
Total $13,970,357
Annual Hours Per Direct FTE
Description Total Notes
Total Hours Per FTE 2,080
Less: Est Leave Time 240 [d]
Productive Hours 1,840
Direct Ratio 0.90 [e]
Direct Hours Per FTE 1,656
Total FTE 42 [f]
Total Direct Hours 69,552
Calculation of Fully-Burdened Hourly Rate
Description Total Notes
Expenses $13,970,357
Direct Hours $69,552
Hourly Rate $201
Calculation of Cost Multiplier for Fully-Burdened Hourly Rate (Apply to Base Salary Cost Per Hour) Description FTE
Annual Hours
Per FTE
Total Annual
Hours Estimated Salaries
Hourly Wage
Rate Only
Assuming Total
Annual Hours
Fully-Burdened
Hourly Rate
Indirect Cost
Rate Multiplier
PD Field Svcs & Support Services 42.00 2,080 87,360 $5,367,100 $61 $201 3.27 18 City of Seal Beach
User and Regulatory Fee Study
Calculation of Fully-Burdened Hourly Rates - Police
Calculation of Fully-Burdened Hourly Rate by Position
Position Top Step Salary
Avg Salary
Per Hour
Cost Multiplier
for FullyBurdened
Hourly Rate
Fully-Burdened
Hourly Rate Note
Community Services Officer $ 68,284 $ 33 3.27 $ 107 [g] Senior Community Services Officer $ 75,373 $ 36 3.27 $ 118 [g] Executive Assistant $ 77,258 $ 37 3.27 $ 121 [g]
Police Officer $ 124,070 $ 60 3.27 $ 195 [g]
Police Records Supervisor $ 111,244 $ 53 3.27 $ 175 [g] Police Corporal $ 130,351 $ 63 3.27 $ 205 [g]
Police Sergeant $ 158,820 $ 76 3.27 $ 250 [g]
Police Lieutenant $ 162,790 $ 78 3.27 $ 256 [g]
Police Captain $ 188,787 $ 91 3.27 $ 297 [g]
Chief of Police $ 236,127 $ 114 3.27 $ 371 [g]
[a] Source: FY 21/22 adopted budget.
[b] Adjustments to exclude buyouts.
[c] Estimate of citywide overhead rate developed for purposes of this fee analysis. [d] Typical leave assumes 13 holidays, 10 days vacation, 5 days sick, 2 days personal leave per employee. Amounts intended to serve as reasonable estimates. [e] Includes general administration and management, training, code, policies and procedures updates, etc. Amount will vary by position. Amount intended to represent conservative estimate. [f] Amount shown includes FTE estimates for Field Services and Police Administration. [g] Based on top step salary as of July 2021 with assumed 3% adjustment for COLA in 2022. Amount intended to represent conservative estimate. [h] For fee-related cost of service use Police Officer hourly rate, and average of CSO rates. 19 City of Seal Beach
User and Regulatory Fee Study
Police Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Hourly Rate $195 $113
Fee Description Sworn
NonSworn Total Sworn NonSworn Est. Cost
of Service Current Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery Change Charge Basis Notes
Alarm System Application
1 The following will be charged for alarm system applications (July 1st - June 30th)
a) Indirect Alarm – Business Permit 1.00 1.00 $113 $113 $43 38% $45 40% $2 b) Indirect Alarm – Resident Permit 1.00 1.00 $113 $113 $33 29% $34 30% $1 2 False Alarm – penalties will be assessed in the event of the following
a) 1st and 2nd false alarms calls 2.00 2.00 $390 $390 No Charge 0% No Charge 0% $0 b) 3rd false alarm call 1.00 1.00 $195 $195 $124 21% $129 22% $5 c) 4th false alarm call 1.00 1.00 $195 $195 $182 39% $189 41% $7 d) 5th false alarm call 1.00 1.00 $195 $195 $289 61% $300 63% $11 e) 6 or more false alarm calls 1.00 1.00 $195 $195 $405 85% $421 89% $16 each Traffic Collision Reports
3 The following fees will be charged for copies of all investigative reports performed on traffic collisions
a) Non-resident 0.50 0.50 $57 $57 $52 92% $55 $3
b) Resident 0.50 0.50 $57 $57 $22 39% $25 $3
c) Miscellaneous Police Reports (Resident) 0.50 0.50 $57 $57 $22 39% $25 $3 Other
4 Citation Sign-off 0.25 0.25 $49 $49 $21 43% $20 41% ($1) per sign-off 5 Repo Receipt (CGC 41612) $15 $15 $0 per receipt [a]
6 Fingerprint Cards
a) City 0.50 0.50 $57 $57 $47 83% $49 86% $2
b) Department of Justice $32 $32 $0 [a]
c) FBI, if applicable $17 $17 $0 [a]
7 Passport (Clearance Letter) 0.50 0.50 $57 $57 $45 80% $47 83% $2 8 Photographs
a) Digital reprints or digitally scanned photos 0.50 0.50 $57 $57 $47 83% $55 97% $8 b) Digital audio file reproduction 0.50 0.50 $57 $57 $47 83% $55 97% $8 c) Video file reproduction 0.50 0.50 $57 $57 $47 83% $55 97% $8 d) Reprints of 35 mm photos 0.50 0.50 $57 $57 $47 83% $55 97% $8 9 Vehicle Storage (No checks accepted)
a) Signed vehicle storage release form 1.00 0.50 1.50 $195 $57 $252 $120 48% $140 56% $20 per copy b) Signed vehicle impound release and administrative
overhead associated with a 30 day impound
1.00 0.50 1.50 $195 $57 $252 $220 87% $240 95% $20 per copy 20 City of Seal Beach
User and Regulatory Fee Study
Police Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Hourly Rate $195 $113
Fee Description Sworn
NonSworn Total Sworn NonSworn Est. Cost
of Service Current Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery Change Charge Basis Notes
10 Firearm Storage $125 $125 $0 annual
11 Blood Collection Cost Recovery Actual Cost Actual Cost $0 12 Day Witness Fee Deposit (Subpoena Fee)
a) Peace Officer $275 $275 $0 [a]
b) City Employees $275 $275 $0 [a]
13 Evidence Collection Cost Recovery $30 plus Actual Cost $30 plus Actual Cost $0 [a] Amounts shown are intended to mirror fees authorized by other agencies. If there is a discrepancy between amounts shown in this schedule and amounts authorized by other agencies (e.g., DOJ, FBI, State of California), amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 21 City of Seal Beach
User and Regulatory Fee Study
Cost Recovery Analysis - Animal Control
Recurring Revenues and Expenditures - Estimated Costs of Seal Beach In-House Operation Description Total Notes
Recurring Revenues (multi-year average) $ 52,651 [a]
Recurring Expenses (multi-year average) $ 291,739 [b]
Cost Recovery Rate 18%
Over / (Under) $ (239,088)
[a] City Council agenda item May 23, 2022. Item "P", page 2. [b] City Council agenda item May 23, 2022. Item "P", page 9. 22 City of Seal Beach
User and Regulatory Fee Study
Animal Control Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours
FullyBurdened
Hourly
Labor Cost
of Svc
Material &
Other Costs Current Fee Proposed Fee Change Charge Basis Notes
DOG LICENSE
1 Dog License
a) Non-Senior Citizen Rate
i) unaltered $103 $108 $5
ii) altered $31 $36 $5
b) Senior Citizen Rate
i) unaltered $49 $54 $5
ii) altered $15 $18 $3
IMPOUND FEES
2 Licensed Dogs
a) 1st Impound $33 $50 $17
b) 2nd Impound $33 $75 $42
c) 3rd Impound $33 $100 $67
d) Female Dog In Season n/a Add $25 to base fee varies
3 Unlicensed Dogs
a) 1st Impound $33 $75 $42
b) 2nd Impound $33 $100 $67
c) 3rd Impound $33 $125 $92
d) Female Dog In Season n/a Add $25 to base fee varies
4 Dangerous Animal
a) 1st Impound $33 $100 $67
b) 2nd Impound $33 $125 $92
c) 3rd Impound $33 $150 $117
d) Female Dog In Season n/a Add $25 to base fee varies
BOARD AND CARE FEES
5 Board and Care $11 - $16 / day $20 varies per day [a] 2 Impound of small animals (cats, dogs, etc.): Seal Beach Animal Care
a) Impound $33
b) Daily Care and Feed $11 per day
3 Quarantine of small animals
a) Impound $62
b) Daily Care and Feed $16 per day
4 Quarantine on owner's property $33 per incident
6 Veterinary Services
a) Rabies Vaccination Actual Cost Actual Cost
b) Relative Value unit Actual Cost Actual Cost
c) Other procedures (x-ray, lab, etc.) Actual Cost Actual Cost d) Medical or surgical care Actual Cost Actual Cost
e) Euthanasia (request by owner) $31 plus Actual Cost Actual Cost see accompanying worksheet for cost recovery
Animal Control Cost Recovery = 18%
see accompanying worksheet for cost recovery
Varies
see accompanying worksheet for cost recovery
Animal Control Cost Recovery = 18%
see accompanying worksheet for cost recovery
Animal Control Cost Recovery = 18%
see accompanying worksheet for cost recovery
Animal Control Cost Recovery = 18%
see accompanying worksheet for cost recovery
23 City of Seal Beach
User and Regulatory Fee Study
Animal Control Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours
FullyBurdened
Hourly
Labor Cost
of Svc
Material &
Other Costs Current Fee Proposed Fee Change Charge Basis Notes 7 Dog Park
a) Non-resident use – annual
i) unaltered $41 $50 $9
ii) altered $21 $25 $4
b) Fine for Violation of Dog Park Rules varies $50 varies c) Failure to lock gate $62
d) Exceeding 3 dog limit in park – per additional dog $33 e) Attack/bite or attempt on any person or dog $41
f) Vicious animal by definition $62
g) A quarantined animal $91
h) Failure to remove feces $41
8 Non-domestic Animal Permit 1.00 $110 $110 $62 $110 $48 [a] Board and care fees shall also apply for any animals quarantined at City facilities or contracted City facilities (i.e., non-home quarantines). 24 City of Seal Beach
User and Regulatory Fee Study
Parking Fees, Rates, and Charges
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description Current Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery Change Charge Basis Notes
Beach Parking Services (pay and display of pay by plate) 1 Beach parking lots daily rates
a) Automobiles/motorcycles (under 20 ft.) $2 per hour;
$10 maximum per day
$2 per hour;
$10 maximum per day
$0
b) Rates for automobiles/motorcycles parking after 6:00 p.m. $4 $4 $0 2 Annual parking passes, for day use only, entitles the holder to daily parking in any beach lot and valid 12 months from date of purchase
a) Seal Beach residents $117 $117 $0
b) Non-residents $180 $180 $0
c) Resident senior citizen with annual gross income less than $35,000 annual beach pass
$70 $70 $0
d) Non-resident senior citizen with annual gross income less than $35,000 annual beach pass
$108 $108 $0
3 Disabled parking see note [a] see note [a] $0 [a]
Miscellaneous Rate Information
4 Miscellaneous Rate Information
a) The City Manager is authorized to charge amounts less than the rates specified, for certain days or certain times of day, if he or she determines that a lower rate is appropriate.
b) Beach rates may fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed $36 per vehicle per space. $33 $36 $3 per space
c) Use and fees for beach parking for special events are subject to arrangements through Community Services.
d) Electric Vehicle charging station $3.44 $3.44 $0 per hour 5 Metered City Municipal Lots (pay and display or pay by plate) $1 $1 $0 per hour Parking Permits [b]
6 The following rates are charged for annual parking permits a) Resident $20 $20 $0
b) Guest (limit 2 per residence) $30 $30 $0
c) Business (Merchant) $50 $50 $0
d) Contractor $60 $60 $0
e) Oil Platform Worker/Sub-Contractor (Overnight Parking) $300 $300 $0 per month f) Replacement Sticker/Permit $5 $5 $0
g) Replacement Windshield Sticker $10 $10 $0
[a] any disabled person displaying special identification license plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to park in the 1st, 8th, and 10th Street ocean-front Municipal Parking Lots without being required to pay parking fees. The vehicles must be parked in the marked Handicapped Parking stalls (unless all stalls are full at the time of entry into the lot). The disabled parking exemption is only for vehicles under 20 ft. in length and does not cover trailers, campers, and/or fifth wheelers attached to the vehicle. If more than one (1) parking space is used the regular daily beach user charge must be paid for the 2nd space used. [b] Resident Permits are issued each year (November 1st through October 31st) and are not prorated. Merchant Permits are issued each fiscal year (July 1st to June 30th) and not prorated. 25 City of Seal Beach
User and Regulatory Fee Study
Parking Violations
# Code Description Current Fee Proposed Fee Fee Change Notes 1 8.15.100 SBMC Surfside - Fire Hydrant $52 $54 $2
2 8.15.080 SBMC Parking in Alley $52 $54 $2
3 8.15.105 SBMC Expired Meter $52 $54 $2
4 8.15.010 SBMC Parkway Violation $52 $54 $2
5 8.15.010 SBMC Red Curb/Sign Violation $52 $54 $2
6 8.15.010 SBMC Traffic Hazard $52 $54 $2
7 8.15.010 SBMC Traffic Hazard Private/Public Property $52 $54 $2 8 8.15.010 SBMC Blocking Entrance to Garage $52 $54 $2
9 8.15.010 SBMC Street Sweeping $52 $54 $2
10 8.15.010 (d) SBMC Parked Over White Line - Surfside $52 $54 $2 11 8.15.020 SBMC Failure to Park in Marked Stall $52 $54 $2 12 8.15.025 SBMC 72 Hour Parking Violation $52 $54 $2
13 8.15.030 SBMC Repairing Vehicle on Street $52 $54 $2 14 8.15.105 SBMC Parking/Driving on Private Property $52 $54 $2 15 8.15.050 SBMC Parking in Violation of Special Event Signs $52 $54 $2 16 8.15.055 SBMC Green Curb $52 $54 $2
17 8.15.055 SBMC One Hour Parking Violation $52 $54 $2
18 8.15.055 SBMC Two Hour Parking Violation $52 $54 $2
19 8.15.115 SBMC Diagonal Parking / Not in Lines $52 $54 $2 20 8.15.115 SBMC Diagonal Parking / 6" from Curb $52 $54 $2 21 8.15.065 SBMC Parking on City Property $52 $54 $2
22 8.15.065 SBMC City Property / Loading / Unloading Zone $52 $54 $2 23 8.15.065 SBMC City Property / Permit Required - Riviera $52 $54 $2 24 8.15.105 SBMC Excessive Vehicle Length $52 $54 $2
25 8.15.085 SBMC Parking an Oversize Vehicle $52 $54 $2 26 8.15.085 SBMC Parking an Unattached Trailer $52 $54 $2 27 8.15.090 SBMC Illegal Commercial Vehicle Parking $82 $85 $3 28 8.20.010 (b-c) SBMC Parking Without Paying (Beach Lots) $52 $54 $2 29 21113 (a) CVC On School Grounds, Obey Signs $52 $54 $2 30 21211 (a) CVC Parking in a Bike Lane $52 $54 $2
31 22500.1 CVC Parking in a Fire Lane $52 $54 $2
32 22500 (a) CVC Parking in an Intersection $52 $54 $2
33 22500 (b) CVC Parking in a Crosswalk $52 $54 $2
34 22500 (e) CVC Parking Across a Driveway $52 $54 $2
26 City of Seal Beach
User and Regulatory Fee Study
Parking Violations
# Code Description Current Fee Proposed Fee Fee Change Notes 35 22500 (f) CVC Parking on a Sidewalk $52 $54 $2
36 22500 (h) CVC Double Parking $52 $54 $2
37 22500 (i) CVC Parking in a Bus Stop $336 $349 $13
38 22500 (k) CVC Parking on a Bridge $52 $54 $2
39 22502 (a) CVC Parking More than 18" from Curb $52 $54 $2 40 22505 (b) CVC Illegal Parking on State Highway $52 $54 $2 41 22507.8(a) CVC Handicap Parking Violation $336 $349 $13 42 22507.8 (c) CVC Obstructing Disabled Parking Spot $336 $349 $13 43 22514 CVC Fire Hydrant Violation $82 $85 $3
44 22515 (a) CVC Leaving Vehicle with Engine Running $52 $54 $2 45 22522 CVC Illegal Parking at Access Ramp $336 $349 $13 46 22523 CVC Abandoned Vehicle $124 $129 $5
47 27155 CVC No Gas Cap $52 * $54 * $2 *
48 4000 (a) CVC Expired Registration $82 * $85 * $3 *
49 4462 (b) CVC Display False Registration $124 $129 $5 50 4464 CVC Altered Plate $82 $85 $3
51 5200 CVC Missing Plate $52 * $54 * $2 *
52 5201 (e) CVC Plate Obstructed $52 * $54 * $2 *
53 5204 (a) CVC Missing Registration Tab $52 * $54 * $2 * 54 26708 (a) CVC Obstructed View thru Windshield $52 $54 $2 55 26710 CVC Defective Windshield $42 * $44 * $2 *
56 27465 (b) CVC Unsafe Tires $42 * $44 * $2 *
57 Late Payment Penalty $28 $28 $0
58 Court Fees Per Citation $12 $12 $0 [a]
59 Parking Violation Corrected Citation
a) Handicap Corrected Violation (CVC 40226) $25 $25 $0 [a] b) All Others $10 $10 $0 [b]
* Reduced to $10 with proof of correction 21 days.
[b] Per equipment violation.
[a] Amounts shown are intended to mirror fees authorized by other agencies, and/or California Vehicle Code. If there is a discrepancy between amounts shown in this schedule and amounts authorized by Court, or State of California, amounts authorized by outside agency(s) shall supersede amount shown in this schedule. 27 User and Regulatory Fees
Cost Recovery Analysis
Utility Customer Service Fees
28 City of Seal Beach
User and Regulatory Fee Study
Calculation of Fully-Burdened Hourly Rates - Utility Billing Customer Service Calculation of Fully-Burdened Hourly Rate by Position
Position Top Step Salary
Avg Salary
Per Hour
Cost Multiplier
for FullyBurdened
Hourly Rate
Fully-Burdened
Hourly Rate Note
Senior Maintenance Worker/Water Operator $ 76,837 $ 37 3.38 $ 125 [a],[b] Accounting Technician $ 71,351 $ 34 3.21 $ 110 [a],[c]
[a] Based on top step salary as of July 2021 with assumed 5% adjustment for COLA in 2022. Amount intended to represent conservative estimate. [b] Indirect rate factor calculated for Public Works as part of prior study. [c] Based on indirect rate factor calculated for Public Works as part of prior study with 5% adjustment to account for greater direct ratio for customer service accounting technician. Amount is intended to represent a reasonable, conservative, estimate.
29 City of Seal Beach
User and Regulatory Fee Study
Utility Billing Fees
Calculation of Estimated Cost of Service
Est. Labor Hours Hourly Rate Cost of Service
Fee Description
Customer
Svc Rep
Wtr Maint
Cust Svc
Est. Labor
Hours
Customer
Svc Rep
Wtr Maint
Cust Svc
Customer
Svc Rep
Wtr Maint
Cust Svc Total
1 Water - New Customer Application 0.33 0.33 x $110 $125 = $37 $0 $37 2 Late Payment Penalty for Water Bills Paid After 35 Days 3 Door Tag Fee (applicable after door has been tagged twice in a twelve month period, i.e., commences at third tag)
1.00 1.00 x $110 $125 = $0 $125 $125
4 Water Turn Off/Turn On
a) Service Charge (before 5:00 p.m.)
i) Low Income 0.17 1.00 1.17 x $110 $125 = $18 $125 $143 ii) All Others 0.17 1.00 1.17 x $110 $125 = $18 $125 $143 b) Service Charge (after 5:00 p.m.)
i) Low Income 0.17 2.00 2.17 x $110 $150 = $18 $300 $318 ii) All Others 0.17 2.00 2.17 x $110 $150 = $18 $300 $318 5 Water Tampering
a) Meter Pull
i) 1" < 1.00 1.00 x $110 $125 = $0 $125 $125
ii) 1.5" - 2" 2.00 2.00 x $110 $125 = $0 $250 $250
iii) 3" 6.00 6.00 x $110 $125 = $0 $750 $750
iv) > 4" 8.00 8.00 x $110 $125 = $0 $1,000 $1,000
b) Meter Re-Install
i) 1" < 2.00 2.00 x $110 $125 = $250 $250, plus
actual cost ii) > 1" varies varies x $110 $125 = T&M, plus actual cost c) Lock Off 1.00 1.00 x $110 $125 = $0 $125 $125 d) Replacement of Cut Off Lock 1.00 1.00 x $110 $125 = $0 $125 $125 6 Emergency Call Out 2.00 2.00 x $110 $150 = $0 $300 $300 7 Water Conservation Enforcement for Second Violation During a Water Conservation Phase
8 Rates for Services Not Specified in this Schedule
a) Utility Billing Personnel 1.00 1.00 x $110 $125 = $110 $0 $110 b) Utility Maintenance Personnel
i) Regular 1.00 1.00 x $110 $125 = $0 $125 $125
ii) Overtime 1.00 1.00 x $110 $150 = $0 $150 $150
[a] Additionally, such customer that is assessed the tag charge may be required to pay a deposit equal to 1.5 times the highest water bill in the last twelve month period. [b] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150). These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021. [c] Fees listed are based on the estimated number of hours required to perform a standard service request and the typical cost of materials required to perform the requested service.
For service requests that are anticipated to require efforts or materials, in excess of those typically required, the Department reserves the right to bill the service recipient, for Department costs anticipated to be incurred in excess of the fee shown in this schedule. 30 City of Seal Beach
User and Regulatory Fee Study
Utility Billing Fees
Calculation of Estimated Cost of Service
Est. Labor Hours
Fee Description
1 Water - New Customer Application
2 Late Payment Penalty for Water Bills Paid After 35 Days 3 Door Tag Fee (applicable after door has been tagged twice in a twelve month period, i.e., commences at third tag)
4 Water Turn Off/Turn On
a) Service Charge (before 5:00 p.m.)
i) Low Income
ii) All Others
b) Service Charge (after 5:00 p.m.)
i) Low Income
ii) All Others
5 Water Tampering
a) Meter Pull
i) 1" <
ii) 1.5" - 2"
iii) 3"
iv) > 4"
b) Meter Re-Install
i) 1" <
ii) > 1"
c) Lock Off
d) Replacement of Cut Off Lock
6 Emergency Call Out
7 Water Conservation Enforcement for Second Violation During a Water Conservation Phase
8 Rates for Services Not Specified in this Schedule
a) Utility Billing Personnel
b) Utility Maintenance Personnel
i) Regular
ii) Overtime
[a] Additionally, such customer that is assessed the tag charge may be required to pay a deposit equal to 1.5 times the highest water bill in the last twelve month period. [b] For residential customers who demonstrate to the City a household income below 200 percent of the federal poverty line, the City will limit any service restoration charges during normal operating hours to fifty dollars ($50), and during nonoperational hours to one hundred fifty dollars ($150). These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021. [c] Fees listed are based on the estimated number of hours required to perform a standard service request and the typical cost of materials required to perform the requested service.
For service requests that are anticipated to require efforts or materials, in excess of those typically required, the Department reserves the right to bill the service recipient, for Department costs anticipated to be incurred in excess of the fee shown in this schedule.
Current Fee
Current Cost
Recovery Proposed Fee
Proposed Cost
Recovery Unit Note
$22 60% $35 95%
10% of Total Water Bill 10% of Total Water Bill
$30 $30 24% each [a]
$119 83% $54 38% [b]
$119 83% $125 87%
$238 75% $163 51% [b]
$238 75% $275 86%
$119 95% $125 100% [c]
$238 95% $250 100% [c]
$714 95% $750 100% [c]
$952 95% $1,000 100% [c]
Actual Cost $250, plus actual cost of meter [c]
Actual Cost T&M, plus actual cost of meter [c]
$85 68% $125 100% [c]
$85 68% $125 100% [c]
T&M w/ $250 minimum 83% $150 per hour; 2 hr. minimum 100% 15% of Violator's Water Bill 15% of Violator's Water Bill varies varies $110 100% per hour
varies varies $125 100% per hour
varies varies $150 100% per hour; 2-hr min.
31 City of Seal Beach
User and Regulatory Fee Study
Utility Billing Fees
Calculation of Estimated Cost of Service
Est. Labor Hours Hourly Rate Cost of Service
Fee Description
Customer
Svc Rep
Water
Maint Cust
Svc
Utility
Field
Inspection
Est. Labor
Hours
Customer
Svc Rep
Water
Maint Cust
Svc
Utility
Field
Inspection
Customer
Svc Rep
Water
Maint Cust
Svc
Utility
Field
Inspection
In-House
Labor
Outside
Meter
Testing
Total Cost
of Service
1 Meter Test
a) 3/4" - 1" Meter 0.17 3.00 0.00 3.17 x $110 $125 $184 = $18 $375 $0 $393 + $65 = $458 b) 1/5" - 2" Meter 0.17 4.00 0.00 4.17 x $110 $125 $184 = $18 $500 $0 $518 + $116 = $634 2 Utilities Field Inspection (e.g. sewer connection /
water service and connection)
a) Typical Single Family Residential Review
i) Regular 0.00 0.00 1.00 1.00 x $110 $125 $184 = $0 $0 $184 $184 + = $184 ii) Overtime 0.00 0.00 1.00 1.00 x $110 $125 $221 = $0 $0 $221 $221 + = $221 b) All Others varies
3 Water and/or Sewer Connection Materials varies
[a] Test amount refundable if meter is found to be defective. [b] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application.
Note: Utility field inspection hourly rates calculated as part of study of development-related fees. Hourly rates were adopted on December 13, 2021. 32 City of Seal Beach
User and Regulatory Fee Study
Utility Billing Fees
Calculation of Estimated Cost of Service
Est. Labor Hours
Fee Description
1 Meter Test
a) 3/4" - 1" Meter
b) 1/5" - 2" Meter
2 Utilities Field Inspection (e.g. sewer connection /
water service and connection)
a) Typical Single Family Residential Review
i) Regular
ii) Overtime
b) All Others
3 Water and/or Sewer Connection Materials
[a] Test amount refundable if meter is found to be defective. [b] Engineer/technician to determine estimated hours and applicable fee/initial deposit at time of application.
Note: Utility field inspection hourly rates calculated as part of study of development-related fees. Hourly rates were adopted on December 13, 2021.
Current Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery Unit Note
$102 22% $250 55% each [a]
$102 16% $350 55% each [a]
T & M - varies varies $184 100% per inspection [b]
T & M - varies varies $221 100% per hr.; 2 hr. minimum [b] T & M - varies varies T&M w/ Deposit 100% [b]
Actual Cost
+ 20% Admin Fee
Actual Cost
+ 20% Admin Fee
33 User and Regulatory Fees
Cost Recovery Analysis
Administrative Fees
34 City of Seal Beach
User and Regulatory Fee Study
Administrative Fees
Calculation of Estimated Cost of Service
Fee Description Current Fee Proposed Fee Unit Note
A. Documents
1 Copy Charge
a) 8.5" x 11" $0.25 $0.25 per page
b) 8.5" x 14" and 11" x 17" $0.50 $0.50 per page
c) Color Copies $0.50 $0.50 per page
2 Preparation of Electronic Media $8 $8 per USB
3 Preparation of Custom Reports Actual Hourly Cost Actual Hourly Cost per request 4 Municipal Code, Master Plans, Budget Reports, Etc. Actual Cost Available Online 5 Economic Interest Disclosure and Campaign Statements $0.10 $0.10 per page [a] 6 Candidate Filing Fee $25 $25 [b]
7 Notice of Intent to Circulate Petition $200 $200 [c]
8 Certified Copy of City Document $8 $8
9 Residency Verification $8 $8
10 Credit Card Processing Fee 3% 3% Percent of fees paid by credit card
11 Postage Actual Cost Actual Cost per request [d]
B. Returned Items
1 Returned Items / Non-Sufficient Funds Transactions / Etc. $25 for first; $35 each additional
$25 for first; $35 each
additional
C. Infraction / Administrative Penalties
1 Infraction Penalty - In a 12 month time period
a) First Offense $500 $500
b) Second Offense $750 $750
c) Third Offense $1,000 $1,000
2 Administrative Penalty - In a 12 month time period
a) First Offense $100 $100
b) Second Offense $200 $200
c) Third Offense $500 $500
3 Administrative Hearing Deposit $1,500 $1,500
[a] Government Code Section 81008.
[b] Elections Code Section 10228. Fee is non-refundable. [c] Elections Code Section 9202. Fee is refundable.
[d] All mail requests shall have the cost of postage added to the charge set forth. 35 City of
Seal Beach
Cost Recovery Schedule Update
City Council Meeting | September 12, 2022
• The City maintains a cost recovery schedule identifying applicable fees, charges, rates, and fines collected by the City • Fees are reviewed and updated periodically
• Cities collect fees and charges for government services performed at the request of, or specifically for, a particular individual, business, or group… as opposed to services
performed for the community as a whole
BACKGROUND
2 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Communities primarily use tax revenues to fund services that provide general (community-wide) benefit.
• Public works
• Public safety
• Park maintenance
• Communities use fees and charges (direct recovery) to fund services that provide direct benefit.
• Plan Review
• Permitting
• Inspection
BACKGROUND
3 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
TIMELINE
4 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
This update is limited to review of :
• Administrative Fees - such as utility customer setup fees • Public Safety Fees and Charges - such as police
fingerprinting fees, vehicle impounds fees, animal
licensing, etc.
• Recreation Fees - such as facility rental and
membership fees
• Utility Fees - such as water meter testing fees,
water and sewer line connection inspection fees, etc.
TYPES OF FEES EXAMINED
• This update DOES
NOT examine:
Taxes
Assessments
Development Impact Fees
(i.e.., Infrastructure
Mitigation Fees Linked to
New Construction)
Utility Rates
(i.e., Prop 218 monthly
usage rates)
Development Permit and
Plan Review Fees
5 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
Exclusively individual benefit
Considerable individual benefit
Balanced individual and community benefit
Considerable community benefit
Mostly community benefit
Entirely community-wide benefit
COST RECOVERY POLICY FRAMEWORK
Cost recovery policy
reflects
local values
regarding the
presumed beneficiaries
for each program area,
ranging from broad
community benefit
to narrow individual
benefit
6 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
100%
0%Cost Recovery Targeted
Overview of Proposed Updates
• Most fees and fines are proposed for adjustment based on most recent annual change in regional CPI – 3.83%
• Dog license fees are proposed to increase by $5 to allow the City to recover the costs of vendor provided licensing services
• Animal impound fees are proposed to scale based on the number of impounds per animal
• Animal control costs will continue to be primarily taxpayer funded
POLICE FEES
8 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Recalibrate fees to enhance cost recovery
• In some cases, proposed fees target less than the City’s full cost of service
• In order for fees to remain in-line with neighboring agencies • To comply with legislative limitations regarding cost recovery (e.g., capped fees for low-income residents)
UTILITY BILLING AND WATER/SEWER FEES
9 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Junior lifeguard fees are proposed to increase
• High demand program (operating at full capacity)
• Adjustments to reflect changes in staff costs and supplies costs (e.g., new backpacks for participants)
• Continue to prioritize resident participation (residents pay $50 less than non-residents)
• Aquatics class and junior lifeguard prep swim classes are proposed to increase by $20 - $25.
• Remaining aquatics fees are proposed to remain
unchanged (e.g., swim passes, swim instruction)
JUNIOR LIFEGUARD AND AQUATICS FEES
10 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Most facility rental fees, special event permitting, and film permitting fees are proposed for adjustment based on
most recent annual change in regional CPI – 3.83%
• Tennis Center fees and charges are proposed to be
updated
• Add non-resident membership fees – 20% premium
• Align pickleball membership categories to tennis membership categories (i.e.., individual, couple, family, junior memberships) • Set pickleball membership rates to 50% of tennis membership
RECREATION FEES / SPECIAL EVENT / FILMING
11 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Adjustments also include general fee schedule clean-up • Eliminate fees and charges that are no longer applicable • Refine and recalibrate fees to adjust for rounding
• Clarify and consolidate fee categories to reflect current organization and services required/requested
GENERAL FEE SCHEDULE CLEANUP
12 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
REGIONAL FEE COMPARISON
13 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Seal Beach Comparison Included
• Services targeting less than full cost recovery
• New fee structures
• Material changes (e.g., non-inflationary adjustments) • Seal Beach proposed fees are in-line with fees for similar services collected throughout the region
ALARM PERMIT
14 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
$10
$26
$33
$34
$41
$58
$0 $10 $20 $30 $40 $50 $60 $70
TUSTIN
LOS ALAMITOS - RENEWAL
SEAL BEACH - CURRENT
SEAL BEACH - PROPOSED
HUNTINGTON BEACH
LOS ALAMITOS - NEW
Alarm Permit - Residential
PICKLEBALL COMPARISON
15 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
$0
$0
$0
$0
$0
$3
$3
$5
$6
$6
$8
$8
$9
$9
$10
$12
$0 $2 $4 $6 $8 $10 $12 $14
HUNTINGTON BEACH
IRVINE
LAGUNA BEACH
LOS ALAMITOS
TUSTIN
FOUNTAIN VALLEY - GYM COURT
SEAL BEACH - CURRENT
SEAL BEACH - PROPOSED
WESTMINSTER
FOUNTAIN VALLEY - OUTDOOR - SENIOR BEFORE 6PM
ANAHEIM PICKLEBALL CENTER - MORNING
MISSION VIEJO
FOUNTAIN VALLEY - OUTDOOR - SENIOR AFTER 6PM
FOUNTAIN VALLEY - OUTDOOR - NON-SENIOR BEFORE 6PM
ANAHEIM PICKLEBALL CENTER - AFTERNOON / EVENING
FOUNTAIN VALLEY - OUTDOOR - NON-SENIOR AFTER 6PM
Pickleball - Drop In Rate
PICKLEBALL COMPARISON
16 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
$35
$40
$45
$45
$45
$55
$60
$66
$160
$0 $20 $40 $60 $80 $100 $120 $140 $160 $180
MISSION VIEJO - RESIDENT
LAHABRA - ITENNIS
MISSION VIEJO - NON-RESIDENT
SEAL BEACH - CURRENT - RESIDENT
SEAL BEACH - CURRENT - NON-RESIDENT
SEAL BEACH - PROPOSED - RESIDENT
ANAHEIM PICKLEBALL CENTER
SEAL BEACH - PROPOSED - NON-RESIDENT
TENNIS CENTER AT NEWPORT BEACH
Pickleball Individual Membership (per month)
WATER METER TESTING
17 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
$102
$193
$250
$256
$290
$0 $50 $100 $150 $200 $250 $300 $350
SEAL BEACH - CURRENT
FULLERTON
SEAL BEACH - PROPOSED
LAGUNA BEACH
SAN CLEMENTE
Water Meter Testing
• Customer Requested Testing to Determine if Meter is Defective • Annual Impact of $72,000
• Most fees and charges are proposed to increase by 3.83% (prior year change in regional CPI)
• Increased cost recovery is not intended to fund new
services. It is intended to offset the costs of providing existing services that are being subsidized by the
General Fund.
• Fee adjustments are primarily intended to avoid
degradation of existing cost recovery levels and
prioritize resident users as compared to non-resident
users.
FISCAL IMPACT OF RECOMMENDATIONS
18 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Fees may target less than full cost recovery in order to:
• Reflect broader community goals and values
• Comply with State mandates (e.g., reduced fees for low income residents) • Allow fees to remain in-line with fees collected by neighboring agencies for similar services.
• The prior year all-urban CPI does not include current inflationary pressures the region is currently experiencing estimated at approximately 6% as of June 2022.
• At the conclusion of the 2022 calendar year, updated regional CPI information will be published and is anticipated to be used to inform subsequent adjustments to the City’s cost recovery schedule.
FISCAL IMPACT OF RECOMMENDATIONS
19 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
• Complete Public Hearing and Determine Whether to Adopt Updated Fees, Charges, Rates, and Fines
• Changes Are Proposed to Be Effective December 1, 2022
NEXT STEPS
20 CLEARSOURCE PRESENTATION TO THE CITY OF SEAL BEACH
Questions or Feedback
Agenda Item J
AGENDA STAFF REPORT
DATE: September 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Discussion of Options Related to Extension of the Parklet Program
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council discuss options related to the extension of the existing parklet program, and provide direction to staff.
BACKGROUND AND ANALYSIS:
As a part of the City of Seal Beach’s response to the 2020 pandemic, a temporary parklet program was established in June 2020. It was a time of extreme uncertainty, as the Governor’s “Resilience Roadmap” - and later the color-coded Blueprint - regulated business operations, transitioning between full closures, partial closures, conditional openings, and creating significant logistical challenges for businesses as well as City staff. As outdoor dining was generally considered a safe option in the State’s reopening plans, the parklet program was designed to present some stability to restaurants, to allow them to continue to serve customers and hopefully remain in business.
The City’s dining parklet program was implemented quickly. With an approved permit application and City-decorated K-rails, records indicate that 28 food and beverage establishments opened up parklets. Almost all of those establishments converted parking spaces to dining areas, and most were located along Main Street. Since that time, parklet operation has fluctuated. As restrictions relaxed, some parklets were eliminated by businesses, and operational permits for those remaining have been extended from time to time. In April 2022, parklet owners became responsible for the costs associated with the rented K-rails.
The most recent City permit extension will expire on September 30, 2022.
However, Assembly Bill 61, signed into law last year, extended business relief efforts related to COVID-19 mitigation. Specifically, jurisdictions may continue to reduce the amount of required parking spaces if the spaces are used for expanded outdoor dining areas through January 1, 2024.