Agenda packet — Seal Beach City Council, March 13, 2023 (part 2 of 2)

limit became close to being fully encumbered prior to the completion of the agreement’s original three-year term.

As a result, on November 8, 2021, the City amended the Agreement to increase the Consultant’s compensation to $465,000 for the original three-year term and to increase the two optional one-year additional terms to $360,000 per one-year term.

On July 25, 2022, the City extended the original agreement by one year.

The I-405 and Orange County Sanitation District (OC San) interagency projects have increased their respective construction activities in recent years and I is anticipated that projects will continue to increase in the future. The Agreement’s yearly compensation limit is again close to being fully expended prior to the completion of the one-year extension term. Staff anticipates additional inspection needs beyond those generally required for the City’s capital and development efforts.

As such, NV5 has now submitted a letter proposal to continue providing as-needed professional inspection services for an additional $199,959 just to cover the remainder of this term. This amount was calculated based on average monthly inspection needs in prior months and forecasted to the end of the PSA’s first extension term, which is slated to expire in July of 2023.

NV5’s performance under the original agreement has been above satisfactory to the City. Rather than executing a 3rd Amendment in the 4th year of a possible 5 year maximum contract duration, it is more prudent to effectively enter into a new agreement with NV5 for on-call inspection services and terminate the existing agreement. This will allow the City to start a new three-year agreement with two optional additional one-year terms at a new compensation that is more reflective of the construction market and the City’s inspection needs, as well as to enter into a new agreement that contains updated contractual language approved by the City Attorney’s office.

It should be noted that I-405, OC San, and development permit-related expenditures will be reimbursed by the respective agency or applicant. This reimbursable amount is estimated to be 70 percent of the overall inspection needs. 25 percent is estimated to be utilized for Capital Improvement Projects and will be paid out of approved budgets for those projects. The final 5% will be budgeted under various Public Works budgeted accounts.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with NV5, Inc. will not have a significant effect on the environment.

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

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LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The approval of the proposed Agreement does not directly appropriate or expend funds. Services performed by NV5, Inc. under this Agreement will be used to the extent of available funding in the applicable budget accounts.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7386:

1. Awarding a three (3) year Professional Services Agreement to NV5, Inc. for On-Call Professional Inspection Services, in a not-to-exceed amount of $480,000 per year and a total not-to-exceed amount of $1,440,000 for the original term, and terminating the prior July 22, 2019, professional services agreement and related amendments and extensions; and,

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

3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $480,000 per one-year term extension.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, P.E., Director of Public
Works
Jill R. Ingram, City Manager
Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:

A. Resolution 7386
B. Agreement with NV5, Inc.

C. Additional Services letter proposal dated February 8, 2023 D. NV5, Inc. proposal of services
E. NV5, Inc. schedule of rates
RESOLUTION 7386

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH NV5, INC. TO PROVIDE ON-CALL PROFESSIONAL

INSPECTION SERVICES AND SUPERSEDING THE PRIOR

PROFESSIONAL SERVICES AGREEMENT AND ALL

RELATED AMENDMENTS AND EXTENSIONS
WHEREAS, the City has a robust capital improvement, development services, and interagency coordination program that requires on-call professional inspection services; and,
WHEREAS, on July 22, 2019, City Council adopted Resolution 6934 approving a Professional Services Agreement (Original Agreement) with NV5, Inc. (NV5) in the amount of $240,000 for the Original Term, and $80,000 for each optional term extension, to provide On-Call Professional Inspection Services; and, WHEREAS, on July 22, 2019, the City also entered into Addendum No 1 of the Original Agreement with NV5 to clarify the contract indemnification obligations; and, WHEREAS, on November 8, 2021, the City entered into Amendment No 2 of the Original Agreement with NV5 to increase the compensation limit to a total amount of $465,000 for the Original Term and $360,000 for each optional term extension; and, WHEREAS, on July 25. 2022, the City elected to extend the Original Term by one year to and including July 23, 2023, for $360,000; and,
WHEREAS, due to the City’s on-going professional inspection services needs, the amount authorized for the services performed by NV5 under the Original Agreement, as amended, is close to being fully encumbered before July 23, 2023, the end of the oneyear extension; and, WHEREAS, due to the City’s current and anticipated services needs, the City and NV5 desire to enter into a new Professional Services Agreement which would establish a new three-year term and two optional one-year extensions, increase the compensation amount for the new original term and for each one-year extension, and supersede and replace the existing Original Agreement previously approved with Resolution 6934 and amended by Addendum No. 1, Amendment No. 2 and the Letter Extension.

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

Section 1. The City Council hereby awards a three (3) year Professional Maintenance Agreement (“Agreement”) to NV5, Inc. to provide On-Call Professional Inspection Services, in a not-to-exceed annual amount of $480,000 per year for the Original Term and a total not-to-exceed amount of $1,448,000 for the Original Term, and superseding and replacing the prior July 22, 2019 professional services agreement as amended and extended.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City.

Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with NV5, Inc. for up to two (2) additional one-year terms, at her discretion, in a not to exceed amount of $480,000 per one-year term extension.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of March, 2023 by the following vote:

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

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7386 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of March, 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
On-Call Professional Inspection Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
This Professional Service Agreement (“the Agreement”) is made as of March 13, 2023 (the “Effective Date”), by and between NV5, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 20

RECITALS
A. City desires certain on-call professional inspection services.

B. City and Contractor previously entered into a professional services agreement dated July 22, 2019 for on-call professional inspection services (“2019 Agreement”) for a three-year term and two optional extensions, which such 2019 Agreement was previously amended by Addendum No. 1 dated July 22, 2019 and Amendment No. 2 dated November 8, 2021, and extended by letter for an additional year through and including July 23, 2023.

C. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to enter into a new agreement to retain Consultant to provide professional engineering services for on-call professional inspection services in the manner set forth herein and more fully described in Section 1.0.

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

E. Pursuant to the new agreement City and Consultant also desire to terminate and supersede the 2019 Agreement and all related amendments, addenda and extensions thereof in their entirety.

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

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

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Consultant shall provide those services (collectively “Services”) in the Proposal 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. Given the on-call nature of this Agreement, Consultant acknowledges that there is no guarantee that City shall request any Services hereunder. 3 of 20

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

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

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s work 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 as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on March 13, 2026, unless sooner terminated or extended as provided by this Agreement.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from March 13, 2026 through and including March 13, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from March 13, 2027 through and including March 13, 2028, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives. 4 of 20

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 $480,000 (Four Hundred Eighty-Thousand Dollars) and 00/100 for each year of the Original Term or the total not-to-exceed amount of $1,440,000 (One Million Four Hundred Forty Dollars and 00/100) for the Original Term.

3.2. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not-to-exceed amount of $480,000 (Four Hundred Eighty Thousand Dollars and 00/100) for each one-year extension.

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 Subsection 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by 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. 5 of 20

6.0 Party Representatives

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

6.2. Jeffrey M. Cooper, P.E. is the Consultant's primary representative for purposes of this Agreement. Jeffrey M. Cooper, P.E. 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: NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
Attn: Jeffrey M. Cooper, P.E.

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

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

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and 6 of 20
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 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.
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9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

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

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 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. 8 of 20

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 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 Work Product

12.1. Unless otherwise agreed upon in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered “works made for hire” for the benefit of City. Upon completion of, or in the event of termination of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City without the permission of Consultant, provided that Consultant will not be held liable for any use or modification of the City-owned Work Product for 9 of 20
purposes outside this Agreement. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

12.2. Consultant hereby assigns to City all ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to Subsection 12.1, above.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

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.

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.

17.0 Insurance
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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, with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

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

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be 12 of 20
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 and appointed 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 and appointed 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.

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 13 of 20
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.

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 14 of 20
by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. If Consultant’s Services hereunder include the performance of design professional services by a “design professional” (as defined in subdivision Civil Code Section 2782.8(c)), then 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. Notwithstanding the foregoing and as required by Civil Code Section 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 City and the other Indemnitees (as defined in Subsection 18.1, above) , from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, 15 of 20
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.

18.2.2. 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 and/or Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of 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 and/or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. 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 16 of 20
determined to be applicable to the Claims and/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 and 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 2019 Agreement Superseded and Terminated.

Upon the Effective Date, the Professional Services Agreement dated July 22, 2019 between City and Consultant for on-call professional inspection services (“2019 Agreement”), Addendum No. 1, Amendment No. 2, letter of extension dated July 25, 2022, and any other addenda, amendments, and/or letters of extension related thereto, shall be replaced and superseded by this Agreement; and the 2019 Agreement and all such related addenda, 17 of 20
amendments and extensions shall be terminated and shall have no further force and effect.

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

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

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

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

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

28.0 Prohibited Interests; Conflict of Interest

28.1. 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 18 of 20
which would conflict in any manner with the performance of the Services.

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

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

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

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

30.0 Corrections
19 of 20
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

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

32.0 Mutual Cooperation

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

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

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

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

35.0 Exhibits
20 of 20
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.

36.0 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.

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: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: NV5, Inc., a California
corporation
By: __________________________
Name:__
Its:

By: __________________________
Name:___
Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Jeffrey M. Cooper
Senior Vice President
MaryJo O'Brien
Corporate Secretary

EXHIBIT A
Consultant’s Proposal

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jeffrey M. Cooper, PE
Senior Vice President
February 8, 2023
City of Seal Beach
Attn: Iris Lee, PE, Deputy Director of Public Works/City Engineer 211 Eight Street
Seal Beach, CA 90740
SUBJECT: On-Call Professional Inspection Services – Additional Services Dear Ms. Lee,
Thank you again for speaking with me regarding the additional inspection services needed through July 1, 2023.

As of Friday, January 27, 2023, we have $85,595.90 left in our budget, however, the City is requesting a second inspector in addition to Duane Neyens for the remaining weeks to supplement with nighttime/shift inspection for the 364B project for the OC San project (project). Additionally, once paving starts on the project, nighttime work may go beyond eight (8) hours into overtime, as paving will likely extend well past 2:30 am. Other nighttime work may include the Edison work for the project, which would also push the nighttime inspector into overtime. Our proposed nighttime inspector is James DeMonaco who will commence work on February 13, 2023 and has been providing other 2nd inspector needs for the City already.

Considering the above, NV5 is requesting a budget extension through July 1, 2023 as follows:

Item Estimated
Hours
Fee
First Inspector 22 Weeks to July 1, 2022, PW 880 $ 121,440.00 Second Inspector 19 Weeks Feb 13 thru July 1, 2023, PW 760 $ 104,880.00 Allowance for Overtime Hours (Overtime Rates Apply) 262 $ 54,234.00 ODCs $ 5,000.00
Remaining Budget $ (85,595.00)
Extension to July 1, 2023 $ 199,959.00
If you need further information, we may be reached by phone at (951) 377-1566, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
Luanne Bean, PE
Senior Construction Manager
PN: P27023-0001504.00
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477

PROPOSAL
Submitted by NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92618
City of Seal Beach
On-Call Professional Inspection Services
February 27, 2023

TABLE OF CONTENTS
Cover Letter 01
Local Staffing List & Resumes 02
Company Qualifications 12
FIRM BACKGROUND 12
QA/QC APPROACH 13
DOCUMENT TRACKING AND FILE SHARING PROCESS 13
PROJECT EXPERIENCE 14
References 22

COMPANY INFORMATION/CONTACT
Name: NV5, Inc.

Address: 163 Technology Drive, Suite 100
Irvine, CA 92618
Telephone Number: (949) 585-0477
Email of Contact: [email protected]
February 27, 2023
Iris Lee
Public Works Director
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
SUBJECT: On-Call Professional Inspection Services
Dear Ms. Lee,
At NV5, Inc., we understand the various aspects of the capital improvement process, making our team of experts uniquely qualified to perform the services required for successful completion of your projects. We acknowledge that City projects are vital to the community, and we have more than 70 years of experience partnering with many cities and agencies across Southern California to provide Professional Inspection Services. We are excited to have the opportunity to provide On-Call Professional Inspection services to the City of Seal Beach (City). NV5’s strengths include the following:

Current Partnership: Our extensive experience and strong existing relationship with the City gives us the ability to continue providing Professional Inspection Services for your capital improvement projects. We operate with a working knowledge of your staff, processes and environment, enabling us to provide outstanding cost- and time-efficient services.

Relevant Experience: Our Construction Inspectors have extensive engineering and construction experience and are thoroughly familiar with local, state, and federal procedures. We only staff our projects with senior-level professionals.

Our team has a portfolio of successfully completed public works projects throughout Southern California, including several small- and large-scale public works improvement projects. Because of our extensive experience in the area, and specifically in coastal communities such as Long Beach, Huntington Beach, Manhattan Beach, Newport Beach, Rancho Palos Verdes, Costa Mesa, Laguna Niguel, San Clemente, and Santa Monica, there is no learning curve when we work on your projects.

Proposed Team: NV5 offers the City a team of Construction Inspection professionals with an unparalleled reputation and proven capability and expertise. We are offering Luanne Bean, PE as Project Manager/Construction Manager, providing oversight for all construction support services. Ms. Bean has more than 30 years of experience in the design and construction management of public works projects.

Accessibility and Responsiveness: Our professionals take pride in providing immediate response and personal attention to our clients’ needs. Each of our Construction Inspectors has been provided with a mobile office equipped with our webbased CMIS software to record daily reports and allow real-time access to the City — granting you convenient, full access to the current status of your projects. Additionally, our Inspectors send out regular supplementary emails noting elements of significance performed, along with photos for a quick glance of work enabling all City staff to immediately be up to date.

Statement: This proposal has been signed by Jeffrey M. Cooper, PE, a company officer authorized to bind the firm.

NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
Jeffrey M. Cooper, PE
Senior Vice President
(Authorized Signer)
Luanne Bean, PE
Director of Water &
Wastewater Operations

LOCAL STAFFING LIST & RESUMES

INSPECTORS
Duane Neyens
James DeMonaco
Daniel Warren
Matt Greer
Mike Smith
Mike Helma, LEED AP

PROJECT MANAGER/

CONSTRUCTION MANAGER
Luanne Bean, PE

ORGANIZATION CHART
Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested On-Call Professional Inspection Services. Shown below are team roles and responsibilities. No person designated as key personnel shall be removed, replaced, or reallocated without prior written concurrence of the City. Please find resumes of proposed staff on page 4.

SENIOR VICE PRESIDENT
Jeffrey M. Cooper, PE*
* Staff Authorized to Negotiate the Contract on Behalf of the Firm City of Seal Beach | On-Call Professional Inspection Services NV5 | 2

LOCAL STAFFING LIST & RESUMES

KEY STAFF QUALIFICATIONS
Name Title Years of
Experience Education, Certifications & Licenses
Luanne Bean, PE
Project
Manager/
Construction
Manager
34 M.S. Civil Engineering; B.S. Civil Engineering;
Civil Engineer (CA) No. 50129; FEMA OPS - I;
HAZMAT First Responder/Operations Level;
DOT Offers of Bulk and Non-Bulk HAZMAT Packages;
Nuclear Waste Safety for Workers
Duane Neyens Construction
Inspector 30
B.S. Organizational Management; A.S. Public Works
Management; Program Certificate — Public Works Management; Program Certificate — Construction Inspection Technology; Program Certificate — Public Administration Supervisor; Certified Inspector of Sediment & Erosion Control (CISEC); QSP Trained; Concrete Testing Technician (ACI);
Reinforced Concrete Special Inspector (ICC);
Structural Masonry Special Inspector (ICC); OSHA-30
James DeMonaco Construction
Inspector 12 Sustainable Building Science and Technology courses (currently enrolled in Bachelor of Applied Sciences program) Daniel Warren Construction
Inspector 30
Water Distribution Operator Grade III #8020;
Water Treatment Operator Grade II #18940;
Recycled Site Supervisor Conversion from Potable to Recycled Water; Competent Person Site Survey for Soil Conditions; Trench Shoring Certified; Underground Utilities Certified Matt Greer Construction
Inspector 19 B.S. Civil Engineering
Mike Smith Construction
Inspector 30
A.A. Public Works; A.A. General Education;
Water Distribution Operator, Grade D4, State Water Resources Control Board (CA); Water Treatment Operator, Grade T1, State Water Resources Control Board (CA);
Collection System Maintenance, Grade 2,
California Water Environment Association (CWEA);
Public Works Construction Inspection Certificate (Santiago Canyon College); Public Works Certificate (Santa Ana College) Mike Helma, LEED AP Construction
Inspector 30 B.S. Civil Engineering; LEED Accredited Professional

KEY STAFF QUALIFICATIONS
Our team has the ability to deliver quality products on schedule and within budget. Below, please find a chart including names, roles, education, experience, applicable professional licenses and credentials, and availability of the proposed team. NV5 has a deep bench of professional inspectors available to the City, and we will provide the inspector with the most relevant experience per task order.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 3

LOCAL STAFFING LIST & RESUMES
Project Experience
On-Call Inspection Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Project Manager. Ms. Bean is overseeing NV5’s full-time on-call inspection of both CIP and developer projects for the City. Safety is a major concern for the City and in addition to our regular daytime inspectors, our inspectors have been called for night and weekend work to ensure traffic control is properly set up for items like Caltrans right-of way. Our inspectors provide inspections to document and determine the acceptability of the construction work in accordance with the City’s approved plans, specifications, and standard details. Our NV5 inspectors report directly to the City’s Project Manager.

Water Inspection and Project Management Services
CITY OF ANAHEIM PUBLIC UTILITIES DEPARTMENT | CITY OF ANAHEIM Project Manager. Ms. Bean is overseeing NV5’s full-time Staff Augmentation Water Inspection and Project Management Services for the City’s Public Utilities Department.

As part of our contract with the City, NV5 is providing APUD with a full-time water inspector for citywide services to cover current staffing shortages. The inspector’s duties include construction support services for potable water projects, including water pipeline and facility improvements. In addition, NV5 has two full-time Project Managers placed at APUD through Project Partners Inc. The Project Managers work directly with City staff on current and future projects for the District.

Crowther Sanitary Sewer Pipeline Replacement Project
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Construction Manager. Ms. Bean is overseeing the Construction Management and Inspection Services as the Construction Manager for this project, which includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel Ms. Bean has more than 34 years of experience in the design and management of water and wastewater projects. Her technical skills include structural analysis and design, mechanical analysis, instrumentation and control, the preparation of plans, specifications, and cost estimates as well as construction management. She has held various positions with many public agencies including the Long Beach Water Department, Victor Valley Wastewater Reclamation Authority, Indio Water Authority, Metropolitan Water District, and FEMA.

LUANNE BEAN, PE
Project Manager/Construction Manager

EXPERIENCE
34 years

EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering

LICENSES
Civil Engineer (CA)
No. 50129

REGISTRATIONS

FEMA OPS - I
HAZMAT First Responder/
Operations Level
DOT Offers of Bulk
and Non-Bulk HAZMAT
Packages
Nuclear Waste Safety
for Workers

CONTACT INFO
[email protected]
949.585.0477
City of Seal Beach | On-Call Professional Inspection Services NV5 | 4

LOCAL STAFFING LIST & RESUMES
and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s highpressure gas feeder, are among the project’s challenges. NV5 is also providing materials testing services for this project.

La Palma Avenue and Tustin Avenue Water Main Replacements CITY OF ANAHEIM | ANAHEIM, CA
Construction Manager. Ms. Bean is overseeing the Construction Management and Inspection Services as the Construction Manager for this project. The work to be undertaken consists of a bore and jack operation at La Palma Avenue Railroad Crossing for 151 LF of 12-inch ductile-iron carrier pipe within a 24-inch steel casing and 145 LF of 36- inch ductile-iron carrier pipe within 48-inch steel casing. The work will also consist of a bore and jack operation at Tustin Avenue Railroad Crossing for 141 LF of 12-inch ductile iron carrier pipe within a 24-inch steel casing. Due to OCTA’s plan to expand its railways along La Palma Avenue and Tustin Avenue, the project is required to protect the pipes and increase service reliability at the existing water main located at the crossings.

Arantine Hills Sewer and Water Infrastructure Projects (Lift Station, Force Main, California Avenue Sewer Main, Potable Water Line)
CITY OF CORONA | CORONA, CA
Project Manager/Construction Manager. Ms. Bean oversaw the construction management and inspection services for the $14.7M, three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development project. The project involved the construction of a buried cast-in-place sewer lift station with above-grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack-and-bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function.

Upon completion of the projects, the City planned to decommission its Water Reclamation Facility No. 3. Coordination with developers was required for the construction of the sewer lift station within their property, and Caltrans was required along certain reaches of the pipeline construction for construction within their ROW.

Diversion Pipeline
CITY OF CULVER CITY | CULVER CITY, CA
Project Manager/Construction Manager. Ms. Bean oversaw the construction management, inspection and engineering services for the construction of sewer main diversion pipes reversing sewer flow via conventional cut and cover as well as trenchless jack and bore methods to abandon Mesmer and Overland Sewer Pump Stations. This also involved extensive permits and coordination with Caltrans, the City of Los Angeles, and the City of Culver City for these jack and bore pipelines underneath the I-405 and Route 90. The goal of the project was to divert flows from four of the City’s sewer pump stations to a new sewage pump station, Bankfield Station, which is another project in which NV5 provided construction management and inspection services during construction.

Bankfield Sewage Pump Station
CITY OF CULVER CITY | CULVER CITY, CA
Project Manager/Construction Manager. Ms. Bean oversaw the construction management and inspection services for the construction of the Bankfield Sewer Pump Station adjacent to the Caltrans Right-of-Way. The new pump station receives diverted flows from two existing pump stations, and diverted flows from two more pump stations at a later date.

The new pump station has a 10-foot-by-20-foot sewer wet well that is 35 feet deep, constructed in groundwater with a discharge permit to the City of L.A. Sewer Interceptor since the water was contaminated and RWQCB would not issue a permit to discharge to storm drain. There are two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, an emergency diesel-fueled backup electrical generator, and complete SCADA systems. NV5 assisted with the final design and implementation of the emergency diesel generator as well as pipeline redesign for the sewer force main, including the AQMD permitting, as the original plans did not accommodate a generator. There is also a 25-footby-20-foot building to house instrumentation and SCADA systems, a bathroom and electrical components. This project is an American Public Works Association BEST Awards winner.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 5 On-Call Inspection Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Construction Inspector. Mr. Neyens is providing on-call inspection services of both CIP and developer projects for the City. His responsibilities include documenting and determining the acceptability of the construction work in accordance with the City’s approved plans, specifications, and standard details. He reports directly to the City’s Project Manager.

FY2015-16 Culvert Repair and Replacement
COUNTY OF SAN DIEGO | SAN DIEGO COUNTY, CA
Assistant Resident Engineer/Construction Inspector. The $1.8M project included the repair and replacement of drainage culverts throughout the County to restore culvert structural integrity and protect roadways. The repair to damaged culverts used invert paving and/or lining systems. Replacement consisted of excavating the culvert and replacing with either RCP, CMP or PVC pipe, with excavations varying to depths of 20 feet. Replacement work also involved installation of head walls and protected slopes.

Transit Center Parking Structure
CITY OF OCEANSIDE | OCEANSIDE, CA
Resident Construction Inspector. This $11M project added a four-story parking structure to the Oceanside Transit Center (serving Amtrak Pacific Surfliner, Metrolink, NCTD Coaster and NCTD Sprinter trains; and for Greyhound, NCTD Breeze, and RTA bus lines).

Second Street Sewer Improvements

ENCINITAS, CA
Construction Inspector. This $1.6M sewer improvement project involved the replacement of a sewer line between Second and Third streets from J Street to north of C Street (microtunneling and boring at depth of 20 feet), and PVC pipe (deep trench at depth up to 15 feet).

Storm Drain and Infrastructure
CITY OF OCEANSIDE | OCEANSIDE, CA
Resident Construction Inspector. This $2M project consisted of installing a new RCP in the downtown core area of the city as well as undergrounding all utilities and removing and replacing the roadways.

Project Experience
Mr. Neyens has more than 30 years of experience in the construction industry, including experience as a construction inspector, engineering inspections supervisor, and city construction manager having responsibility for both public works and private development projects. Mr. Neyens has worked as a consultant inspector on public works projects for the County of San Diego and in residential development as a project superintendent for Western National Contractors. He has a solid reputation for his focus on detail, his organizational skills, and an orientation toward successful project outcomes.

CONTACT INFO
[email protected]

EXPERIENCE
30 years

EDUCATION
B.S. Organizational
Management
A.S. Public Works
Management

LICENSES/CERTIFICATES
Program Certificate
— Public Works
Management, Palomar
College with MSA and
APWA
Program Certificate —
Construction Inspection
Technology, San Diego
State University
Program Certificate —
Public Administration
Supervisor, (San
Diego) North County
Supervisors’ Academy
Certified Inspector of
Sediment & Erosion
Control (CISEC)
QSP Trained
Concrete Testing
Technician (ACI)
Reinforced Concrete
Special Inspector (ICC)
Structural Masonry
Special Inspector (ICC)
OSHA-30

LOCAL STAFFING LIST & RESUMES

DUANE NEYENS
Construction Inspector
City of Seal Beach | On-Call Professional Inspection Services NV5 | 6 Project Experience
Crowther Sanitary Sewer Pipeline Replacement Project
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Assistant Construction Manager. The scope of work includes replacement of approximately 7,400 LF of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard.

The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies. Working in hightraffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s high-pressure gas feeder, are among the project’s challenges.

Rural Ridge Circle and Wilshire Avenue Water Main Replacement CITY OF ANAHEIM PUBLIC UTILITIES DEPARTMENT | ANAHEIM, CA Assistant Construction Manager. Mr. DeMonaco is serving as the Assistant Construction Manager for this $3.5M potable water main replacement project.

Duties include change order management, submittal processing, and RFI processing.

The work consists of two water main improvement areas: the Rural Ridge area and Wilshire-Pearl area.

Staff Augmentation
CITY OF EASTVALE | EASTVALE, CA
Construction Manager/Inspector. Mr. DeMonaco worked as a Construction Manager and Inspector for the City, handling public works projects. He coordinated between the City’s Public Works engineers, the residents of Eastvale, the Riverside County Sheriff’s Department, Jurupa Community Services District, and Caltrans, as well as landscaping, construction, electrical, and traffic control contractors to resolve issues throughout the City and improve on existing infrastructure. Mr. DeMonaco oversaw a citywide traffic control assessment, including intersection timing and detection, signage installation, and a retro-reflectivity study on existing signage. Mr. DeMonaco communicated regularly with residents to make sure their requests and complaints were heard and acted upon, helping to improve the community both from safety and beautification perspectives.

Mr. DeMonaco is a proven Construction Inspector with 12 years of experience executing substantial energy projects while leveraging a technical background in building electrical systems and building controls. He has overseen and completed large projects up to $12.5M — domestically and internationally — on time and within budget.

As a Project Manager, he has owned projects from start to finish and communicates effectively between all stakeholders, while generating high-quality reports and information. He works hard to maintain satisfaction among coworkers, customers and all stakeholders throughout his career and will spot problems early on and resolve them before they impact project schedule and budget.

CONTACT INFO
james.demonaco
@nv5.com

EXPERIENCE
12 years

EDUCATION
Sustainable Building
Science and Technology
courses (currently enrolled
in Bachelor of Applied
Sciences program)

LOCAL STAFFING LIST & RESUMES
JAMES DeMONACO
Construction Inspector
City of Seal Beach | On-Call Professional Inspection Services NV5 | 7

LOCAL STAFFING LIST & RESUMES

EXPERIENCE
30 years

LICENSES
Water Distribution
Operator Grade III #8020
Water Treatment Operator
Grade II #18940
Recycled Site Supervisor
Conversion from Potable
to Recycled Water
Competent Person Site
Survey for Soil Conditions
Trench Shoring Certified
Underground Utilities
Certified

CONTACT INFO
[email protected]
949.585.0477
Project Experience
On-Call Inspection Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Construction Inspector. Mr. Warren provided on-call inspection services to the City.

NV5 is providing construction inspection services for both CIP and developer projects for the City. Responsibilities include documenting and determining the acceptability of the construction work in accordance with the City’s approved plans, specifications, and standard details.

Arantine Hills Sewer and Water Infrastructure Projects
CITY OF CORONA | CORONA, CA
Inspector. Mr. Warren provided inspection services for the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. The project involves the construction of a buried cast-in-place sewer lift station with above-grade controls. This is connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack-and-bore sewer construction along arterial streets and Caltrans ROW forming four miles of pipeline. Relocation of 3,300 LF of potable water line was also required to install the new force mains. A third project being managed simultaneously is the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects must be completed together for the final and finished sewer lift station to function. Once completed, the City will decommission its Water Reclamation Facility #3. Coordination with developers was required for the construction of the sewer lift station within their property and Caltrans was required along certain reaches of the pipeline construction for construction within their ROW.

Bankfield Sewage Pump Station
CITY OF CULVER CITY | CULVER CITY, CA
Inspector. Mr. Warren is providing inspection services for the construction of the Bankfield Sewage Pump Station. The new pump station will receive diverted flows from two existing pump stations once construction is complete, and possibly diverted flows from two more pump stations at a later date. The new pump station will have a 10-feet-by-20-feet sewage wet well that is 35 feet deep constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel-fueled back-up electrical generator. There will also be a 25-feet-by-20-feet building to house instrumentation and SCADA systems, a bathroom and electrical components.

Mr. Warren is a water/wastewater inspector with more than 30 years of experience in public works. Additionally, Mr. Warren was a Grade III Water Distribution Operator, and Grade II Water Treatment Operator for the Rowland Water District. He also served as a Construction Inspector for the City of La Habra Heights. Mr. Warren is extremely knowledgeable about the need for the Contractor’s conformance to the approved plans and specifications, adherence to field quality control, as well as what the various heavy construction industry standards and construction principles are for water and wastewater systems. Mr. Warren has a significant knowledge of all aspects of public utilities and provides expert quality control for all aspects of potable water, sewer, and recycled water works throughout his execution of his duties as an Inspector.

DANIEL WARREN
Construction Inspector
City of Seal Beach | On-Call Professional Inspection Services NV5 | 8

LOCAL STAFFING LIST & RESUMES
Project Experience

CONTACT INFO
[email protected]
949.585.0477
Mr. Greer has 19 years of experience as a qualified Quality Control Inspection and Construction Engineer with experience in the management and inspection of public works projects. His projects have included sewer and water-related facilities, street rehabilitations, sidewalk improvements, slurry seal projects, landscaping and irrigation, storm drains and vertical construction. He has extensive experience dealing with the public, elected officials, contractors, architects, and engineers. He has been responsible for monitoring construction activities, preparing daily construction inspection reports, verifying compliance with plans and specifications, maintaining record drawings, final inspections, and assisting in field start-ups.

EXPERIENCE
19 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
C2 Workzone Traffic
Control Certificate
OSHA 10-Hour
Construction Certificate

MATT GREER
Construction Inspector
Staff Augmentation Inspection Services
IRVINE RANCH WATER DISTRICT | IRVINE, CA
Construction Inspector. Mr. Greer is providing inspection services for domestic water, recycled water and sanitary sewer projects for the Irvine Ranch Water District. His duties include tracking project progress, inspection of grade and alignment of the water districts utilities, inspection of the testing and approving the installation of the water districts utilities, creating and maintaining the daily reports and project files, inspection of PCC structures such as manholes, thrust blocks and overflow, headwall, spillway, vehicle crossing and outflow PCC structures for NTS Basins. Projects include new home developments and NTS Basins.

On-Call Inspection Services
CITY OF BELLFLOWER | BELLFLOWER, CA
Construction Inspector. Mr. Greer provided construction inspection services as part of an On-Call Inspection Services contract with the City for various capital improvement projects and encroachment permits throughout the City.

Sewer Force Main and Lift Station Rehabilitation
CITY OF HUNTINGTON BEACH | HUNTINGTON BEACH, CA
Construction Inspector. Mr. Greer served as construction inspector for the replacement of an existing sewer lift station and force main. The project included the construction of a concrete vault to house the new station, pumps, valves, metering equipment, as well as electrical and telemetry systems. The project also included the construction of new sewer and force mains, and manhole structures. The existing lift station had to remain in operation while the new facilities were being constructed.

Mid-Block Traffic Signal Installation
CITY OF WEST HOLLYWOOD | WEST HOLLYWOOD, CA
Construction Inspector. Mr. Greer served as construction inspector on this federally funded street and traffic signal improvements project. The scope of work included roadway reconstruction and resurfacing; reconstruction of sidewalks, driveways, curb, gutter, cross gutters, and ADA curb ramps; installation of new traffic signals, controllers and flashing beacon; and traffic striping and signage.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 9 Project Experience
On-Call Construction Inspection Services for Water and Sewer CITY OF SAN JUAN CAPISTRANO | SAN JUAN CAPISTRANO, CA
Construction Inspector. Mr. Smith provided on-call inspection services of the City’s water and sewer projects.

On-Call Inspection Services
CITY OF SEAL BEACH | SEAL BEACH, CA
Construction Inspector. Mr. Smith provided on-call inspection services of both CIP and developer projects for the City. His responsibilities included documenting and determining the acceptability of the construction work in accordance with the City’s approved plans, specifications, and standard details.

Rural Ridge Circle and Wilshire Avenue Water Main Replacement CITY OF ANAHEIM | ANAHEIM, CA
Construction Inspector. Mr. Smith provided construction inspection services for this water main replacement project. The scope of work consists of two water main improvement areas: the Rural Ridge area and Wilshire-Pearl area. The Rural Ridge improvement area includes installation of a 12-inch PVC pipe (1,560 LF) , an 8-inch PVC pipe (1,820 LF), an 8-inch PVC pipe (480 LF), and a 6-inch PVC pipe (370 LF).

The Wilshire-Pearl improvement area includes installation of 12-inch Ductile-Iron pipe (1915 LF) and 8-inch Ductile-Iron pipe (825 LF).

FY 2020-21 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Construction Inspector. Mr. Smith provided construction inspection services for the City’s FY 2020-21 Street Improvements project. The scope of work included street reconstruction and resurfacing, installation of AC berms, removal and construction of curb and gutter, utility adjustments, and traffic signage and striping. NV5 also provided geotechnical/materials testing services for this project.

Public Works Inspector (Staff Augmentation)
CITY OF YORBA LINDA | YORBA LINDA, CA
Construction Inspector. Mr. Smith is providing full-time construction inspection services for various street, sewer, and water improvement projects for the City. He also provides developer fee and encroachment permit inspections in the public Right-ofWay.

Mr. Smith has more than 30 years of experience in public works, with a particular expertise in water, wastewater, and street projects. Mr. Smith’s responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the City and tracking quantities. He is also well versed with State health services requirements on water system disinfection, flushing, bacteria testing and water main tie-in procedures.

CONTACT INFO
[email protected]

EXPERIENCE
30 years

EDUCATION
A.A. Public Works
A.A. General Education

CERTIFICATES
Water Distribution
Operator, Grade D4, State
Water Resources Control
Board (CA)
Water Treatment Operator,
Grade T1, State Water
Resources Control Board
(CA)
Collection System
Maintenance, Grade 2,
California Water
Environment Association
(CWEA)
Public Works Construction
Inspection Certificate
(Santiago Canyon College)
Public Works Certificate
(Santa Ana College)

LOCAL STAFFING LIST & RESUMES

MIKE SMITH
Construction Inspector
City of Seal Beach | On-Call Professional Inspection Services NV5 | 10

LOCAL STAFFING LIST & RESUMES

CONTACT INFO
[email protected]
949.585.0477
Project Experience
Pressure Regulating Stations (PRS) Rehabilitation/Replacement CITY OF ANAHEIM PUBLIC UTILITIES DEPARTMENT | ANAHEIM, CA Construction Inspector. Mr. Helma provided construction inspection services for the Anaheim Public Utilities Department’s pressure regulating stations rehabilitation/ replacement project. The City replaced or relocated five pressure-regulating stations throughout the City. Mr. Helma’s responsibilities included observing water main shutdowns coordinated by APU staff, ensuring traffic control plans were set up per the approved plans, observing materials sampling and testing services, preparing daily activities reports, and attending biweekly construction progress meetings.

FY 2019-20 Annual Pavement Preservation Program (Zone 3 Slurry Seal) CITY OF YORBA LINDA | YORBA LINDA, CA
Construction Inspector. Mr. Helma provided construction inspection services for the City’s Annual Citywide Street Improvement Program. The scope of work included crack seal and slurry seal; utility adjustments; and traffic striping and signage. 2019 Slurry Seal Program
CITY OF NEWPORT BEACH | NEWPORT BEACH, CA
Construction Inspector. Mr. Helma provided construction inspection services for this citywide slurry seal project that included residential streets and the commercial area adjacent to John Wayne Airport. The scope of work consisted of edge grinding, crack sealing, Type I Slurry and traffic striping and signage. Mr. Helma met with business owners and homeowners as part of the coordination and notification process.

Public Works Inspection (Staff Augmentation)
CITY OF SAN CLEMENTE | SAN CLEMENTE, CA
Public Works Inspector. Mr. Helma inspected various City sidewalks, ramps, driveways, and curb and gutters for damage or tripping hazards as part of the City’s yearly sidewalk repair program. He provided a written report for each street address, complete with repair quantities and locations. In a three-month period, Mr. Helma provided more than 1,500 reports.

FY 2019-20 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Construction Inspector. Mr. Helma provided construction inspection services for the rehabilitation of various streets throughout the City of La Habra Heights. The scope of work included street reconstruction and resurfacing (crack seal and slurry seal, type I & II), installation of AC berms, drainage improvements, utility adjustments, and traffic signage and striping.

Mr. Helma has more than 30 years of experience in construction management and inspection with specific expertise in street improvements, sewer, water and storm drain systems, heavy grading, concrete structures, traffic signals, paving and landscaping.

He is a LEED Accredited Professional with expertise in the management of large- and small-scale projects, in addition to complex projects. His experience includes serving as an extension of city staff and public works departments, where all assigned projects are completed in a timely and professional manner.

EXPERIENCE
30 years

EDUCATION
B.S. Civil Engineering

LICENSES
LEED Accredited
Professional

MIKE HELMA, LEED AP
Construction Inspector
City of Seal Beach | On-Call Professional Inspection Services NV5 | 11

COMPANY QUALIFICATIONS

GEOTECHNICAL

ENGINEERING

CONSTRUCTION

MANAGEMENT
+ INSPECTION

FIRM PROFILE
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology. With more than 100 offices nationwide and abroad, NV5 has access to over 4,000 employees in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we live and work.

Our Irvine office specializes in the engineering design, construction management and inspection of capital improvement projects, including: streets, traffic systems, water and wastewater systems, drainage and flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed civil engineers, licensed contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.

KEY SERVICES
The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects.

Our key services include:

We maintain an extensive history of working with various local agencies. Throughout the course of completing myriad public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders.

With a demonstrated ability to address public concerns, we are experts in a broad range of governmental interface, public outreach and community involvement, and we are genuinely committed to public participation as a way of planning and completing projects. Our team routinely performs these services as part of our delivery of public works projects and regards them as a vital component to project success.

CIVIL

ENGINEERING
DESIGN

PROJECT

MANAGEMENT

LAND SURVEY
+ GIS

CONSTRUCTABILITY
REVIEW
STAFF

AUGMENTATION

PLAN CHECK

SERVICES

ASSESSMENT

ENGINEERING

BUILDING
+ SAFETY

SERVICES
City of Seal Beach | On-Call Professional Inspection Services NV5 | 12

COMPANY QUALIFICATIONS

QUALITY ASSURANCE

AND QUALITY CONTROL
To assure compliance with the plans and specifications, we will implement a comprehensive quality assurance and quality control (QA/QC) program involving the following steps:
• We will perform a thorough review of the contract
documents. This responsibility will include the following tasks:
○ Checking plans and specifications against
requirements that have been associated with issues
that occurred on similar jobs.
○ Comparing existing elevations, grades and details,
etc., shown on plans with those at the actual site.
○ Reporting all errors, omissions and deficiencies, etc., to the City and engineering design team.
○ Keeping a marked-up set of plans and specifications
for quick reference.
○ Anticipating the Contractor’s operations by reviewing the plans and specifications for each one before it
begins.
• Before start of construction, we will discuss with the Contractor the definable features of work to assure that documentation is complete, materials are on hand and
those who are to perform the work understand the scope
in its entirety.
• At the onset of the work, we will perform an initial
inspection to determine whether the Contractor
thoroughly understands and is capable of accomplishing
the work as specified.
• We will assure that the Contractor has an established safety program and that regular safety meetings are
conducted. We will also assure that the Contractor meets all OSHA safety requirements.
• The construction inspector will perform followup inspections on a daily basis for the purpose of ensuring that the controls established during the initial inspection continue to provide work that conforms to
the contract requirements and all applicable standards.

Unsatisfactory workmanship, materials and construction
deficiencies will be documented and reported for future identification and traceability. Notices of non-compliance will be issued to the Contractor and corrective and
preventive action will be taken to assure compliance with the contract documents.
• We will conduct a monthly review of the as-built drawings and assure that all items are considered in the changes of the record drawings, including:
○ The size, type and location of existing and new utility lines
○ The layout and schematic drawings of electrical
circuits and piping
○ Verification of alignment and cross sections
○ Changes in the location of equipment, etc.
• Finally, we will review and approve the as-built drawings to complete the project turnover and begin the warranty period.

DOCUMENT TRACKING

AND FILE SHARING PROCESS

CMIS SOFTWARE
Our web-based CMIS software is designed to provide the
Construction Manager the capability to manage project
information efficiently and effectively while maintaining full transparency with the City and the design engineer in managing the construction contractor. The City, as well as NV5’s Construction Manager and inspectors, have
real-time CMIS web-based software installed on an iPad
or computer to record inspectors’ daily reports and can be utilized on any device with internet access including iPhone and Android mobile devices. The City can log-in and view at any time the submittals, RFIs, correspondence,
WSWD, Contractor’s Pay Apps with DIR submissions
and apprentice requirements documentation, and NV5
Inspection reports from any laptop, computer, or mobile device at any time.

Additionally, our inspectors send out supplementary email blasts noting elements of significance performed, along with photographs for a quick glance of work, enabling
all City staff to immediately be up to date. At the end of the project, the data within the CMIS platform will be
downloaded for archival with the City within 60 calendar days of the Notice of Completion.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 13

COMPANY QUALIFICATIONS

PROJECT EXPERIENCE
We have a proven track record of successfully providing on-call professional services to municipalities throughout Southern California. Please find below a list of our on-call contracts for similar services to those listed in the RFP.

ON-CALL CONTRACTS
Client On-Call Services
City of Aliso Viejo • On-Call Construction Inspection Services City of Anaheim • On-Call Consulting Support Services to the Construction Services Division ○ Construction Management
City of Anaheim,
Public Utilities Department
• As-Needed Water Engineering Services
• Engineering Project Management Services
City of Azusa (Public Works) • On-Call Professional Engineering Services (Engineering, Project Management, Construction Management and Inspection Services)
City of Azusa Light & Water • On-Call Professional Engineering and Construction Management Services City of Bellflower • On-Call Construction Management and Inspection Services for Federally Funded/StateFunded/Locally Funded Public Works Projects City of Commerce • On-Call Construction Management and Inspection Services City of Culver City • On-Call Construction Management and Inspection Services City of Eastvale • On-Call Engineering and Professional Consulting Services ○ Geotech Engineering, Inspection and Materials Testing City of El Monte • On-Call Construction Management and Inspection Services City of Fontana • On-Call Engineering Services:
○ Construction Management
○ Inspection Services
City of Glendale • On-Call Construction Management and Inspection Services • On-Call Project Management, Construction Oversight and Inspection Services for Water System Capital Improvement Program
• On-Call Project and Construction Management Services
City of Hermosa Beach • On-Call Construction Management Services City of Irvine • On-Call Professional Consulting Services ○ Project Management and Construction Management Services City of Laguna Beach • On-Call Consulting Services
○ Staff Augmentation for Public Works Projects
○ Construction Management and Inspection
City of Laguna Niguel • On-Call Public Works Inspection and Construction Management Services City of Mission Viejo • On-Call Professional Services Consultant Team City of Moreno Valley • On-Call Construction Management and Peer Review Plan Check Services; Material Testing and Geotechnical Services
• On-Call Construction Inspection Services for Land Development Division City of Seal Beach | On-Call Professional Inspection Services NV5 | 14

COMPANY QUALIFICATIONS

ON-CALL CONTRACTS
Client On-Call Services
City of Newport Beach • On-Call Development and Utility Permit Inspection Services and Construction Administration
City of Oceanside • On-Call Construction Management Services • Engineering Support Services
○ On-Call Construction Inspection/Observation
City of Palm Springs • On-Call Construction Management & Inspection Services City of Pasadena • On-Call Construction Management and Inspection Services City of Placentia • On-Call Construction Management and Inspection Services City of Pomona • On-Call Consultant List
○ Construction Management, Inspection and Sampling Services City of San Juan Capistrano • As-Needed Professional Consulting Services ○ Staff Augmentation
City of Santa Ana • On-Call Water Resources Construction Management and Inspection Services • On-Call Water Resources Engineering Services
City of Santa Fe Springs • On-Call Professional Engineering Services ○ Construction Management and Inspection Services
○ Engineering Staff Augmentation
City of Seal Beach • On-Call Professional Inspection Services City of South El Monte • On-Call Engineering Design & Construction Management City of Temecula • On-Call Construction Management Services City of Yorba Linda • On-Call Professional Engineering Services ○ Construction Management and Inspection Services
Irvine Ranch Water District • On-Call Construction Inspection Services Las Virgenes Municipal
Water District
• On-Call Construction Management and Inspection Services City of Seal Beach | On-Call Professional Inspection Services NV5 | 15

COMPANY QUALIFICATIONS
DATES: JULY 2021-CURRENT

CROWTHER SANITARY SEWER PIPELINE REPLACEMENT
CITY OF PLACENTIA | PLACENTIA, CA
Our team is providing construction management, inspection services and materials testing services for the Crowther Sanitary Sewer Pipeline Replacement project. The scope of work includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s high-pressure gas feeder, are among the project’s challenges.

DATES: FEBRUARY 2021-CURRENT

ON-CALL INSPECTION SERVICES
CITY OF SEAL BEACH | SEAL BEACH, CA
Our team is providing full-time on-call inspection of both CIP and developer projects for the City. Safety is a major concern for the City and in addition to our regular daytime inspectors, our inspectors have been called for night and weekend work to ensure traffic control is properly set up for items like Caltrans right-of way. Our inspectors provide inspections to document and determine the acceptability of the construction work in accordance with the City’s approved plans, specifications, and standard details. Our NV5 inspectors report directly to the City’s Project Manager. NV5 provides both daily emails for a quick summary of the work, as well as daily reports with photograph documentation.

DATES: FEBRUARY 2022-CURRENT

RURAL RIDGE CIRCLE AND WILSHIRE

AVENUE WATER MAIN REPLACEMENT
CITY OF ANAHEIM | ANAHEIM, CA
NV5 is providing Construction Management/Resident Engineering and Inspection Services for this water main replacement project.

The work to be undertaken consists of two water main improvement areas: the Rural Ridge area for 4,230 LF and the Wilshire-Pearl area for 2,750 LF of 8-inch to 15-inch potable water main, tie-ins to the existing potable water system, 142 1- and 2-inch water services and meters, existing main abandonment, and final street restoration. NV5 is providing full Construction Management, Resident Engineering, and Inspection Services for this project including coordination with the City, shop drawing and RFI review, change order analysis, and scheduling management.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 16

COMPANY QUALIFICATIONS

ARANTINE HILLS SEWER AND WATER

INFRASTRUCTURE PROJECTS
CITY OF CORONA | CORONA, CA
Our team provided construction management and inspection services for the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development. The project involved the construction of a buried cast-in-place sewer lift station with above-grade controls.

This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack-and-bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade.

DATES: AUGUST 2017-FEBRUARY 2019
DATES: MARCH 2019-2021

DIVERSION PIPELINE
CITY OF CULVER CITY | CULVER CITY, CA
NV5 provided construction management, inspection and engineering services for the construction of diversion pipes via trenchless jack and bore methods to abandon Mesmer and Overland Sewer Pump Stations, which involved extensive coordination with Caltrans, the City of Los Angeles, and the City of Culver City for these jack and bore pipelines underneath the I-405 and Highway 90. The goal of the project was to divert flows from four of the City’s sewer pump stations to a new sewage pump station, Bankfield Station.

DATES: OCTOBER 2018-AUGUST 2020

BANKFIELD SEWAGE PUMP STATION
CITY OF CULVER CITY | CULVER CITY, CA
NV5 provided construction management and inspection services for the construction of the Bankfield Sewer Pump Station adjacent to the Caltrans Right-of-Way. The new pump station receives diverted flows from two existing pump stations, and possibly diverted flows from two more pump stations at a later date. The new pump station has a 10-foot-by-20-foot sewer wet well that is 35 feet deep, constructed in groundwater with a discharge permit to the City of L.A. Interceptor since the water was contaminated and RWQCB would not issue a permit to discharge to storm drain. NV5 assisted with the final design and implementation of the emergency diesel generator, including the AQMD permitting, as the original plans did not accommodate a generator. This project is an APWA BEST Awards winner.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 17

COMPANY QUALIFICATIONS
DATES: SEPTEMBER 2022-CURRENT

BASTANCHURY ROAD WIDENING
CITY OF YORBA LINDA | YORBA LINDA, CA
Our team is providing construction management and inspection services, materials testing/special inspection, and labor compliance services for the road widening project between Casa Loma Avenue and Eureka Avenue. The project includes adding a second lane in each direction along with a two-way turn lane in the median; elevating portions of the roadway center line up to 6 feet; constructing retaining walls/structures; installation of traffic signals at the intersections of Bastanchury Road/Casa Loma Avenue and Bastanchury Road/Eureka Avenue; and installation of new bike lanes, a multipurpose trail, and sidewalk/parkway improvements with new irrigation and landscaping.

NV5 is also providing on-site welding inspection of a water line.

UNIVERSITY DRIVE WIDENING
CITY OF IRVINE | IRVINE, CA
Our team provided construction management and inspection services for the University Drive Widening (from Campus Drive to MacArthur Boulevard) project, which included parkway and street improvements, storm drain and water improvements, and landscape and irrigation for the adjacent bike trail. Additional Bike Trail improvements included regrading and AC resurfacing; construction of CMU retaining wall and fencing; and bike lane striping and signage. Our services included bid management, construction management, daily inspection services, and project closeout.

DATES: MARCH 2018-JUNE 2020

TRAFFIC SIGNAL IMPROVEMENTS
CITY OF POMONA | POMONA, CA
Our team is currently providing project and construction management and inspection services for the federally funded Traffic Signal Improvements projects at Towne Avenue and Philadelphia Street, and at Garey Avenue and Philadelphia Street. The scope of work includes adding left turn phasing, controller/equipment upgrades, conduit installations, temporary signals and all related work to complete the traffic signal modifications.

DATES: DECEMBER 2021-CURRENT
City of Seal Beach | On-Call Professional Inspection Services NV5 | 18

COMPANY QUALIFICATIONS
FY 19-20 ARTERIAL ROADWAY REHAB
CITY OF PLACENTIA | PLACENTIA, CA
Our team provided construction inspection services for the City’s annual arterial roadway rehabilitation project. The scope of work included the grind and overlay of approximately 4 miles of arterial roadway along with curb, gutter and sidewalk repairs, new ADAcompliant curb ramps, new pavement markings and signage, traffic signal modifications and other improvements and repairs as outlined by the City.

DATES: AUGUST 2020-DECEMBER 2020
DATES: JULY 2021-OCTOBER 2021
FY 2019-2020 STREET IMPROVEMENTS
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Our team provided construction management and inspection services for this annual citywide rehabilitation project. The scope of work included roadway section repairs and resurfacing; crack seal and slurry seal; and traffic striping and signage.

DATES: MARCH 2020-MAY 2020

BELLFLOWER BOULEVARD AND ALONDRA

BOULEVARD REHABILITATION
CITY OF BELLFLOWER | BELLFLOWER, CA
Our team provided construction management, inspection,
labor compliance and funding oversight services for this $1.4M federally funded street improvement project. The project included reconstruction and resurfacing of AC pavement, installation of new traffic loops, adjustment of utilities to grade, and new traffic signage and striping.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 19

COMPANY QUALIFICATIONS

LAMBERT PARK
CITY OF EL MONTE | EL MONTE, CA
Our team provided construction management and inspection services for the Lambert Park Improvements project. The park is approximately 9 acres and is located within a residential neighborhood in the northeastern portion of the City. Improvements include construction of a new CMU concession and restroom building; hardscape, decorative paving, decomposed granite walking and jogging path and play surfacing; landscaping and irrigation; playground and play equipment; exercise areas and equipment; shade structures and miscellaneous site furnishings; site lighting; site drainage; on- and off-site utilities; renovation of an existing maintenance building; new turf for athletic fields (soccer fields and baseball diamonds); and renovation of existing AC parking lot.

DATES: JULY 2019-JANUARY 2021
DATES: MAY 2017-JANUARY 2019

ROBINSON PARK RECREATION CENTER
CITY OF PASADENA | PASADENA, CA
Our team provided construction management and inspection services for the renovation of Robinson Park Recreation Center. The $7.2M project consisted of the demolition and reconstruction of the Recreation Center’s approximately 16,000-square-foot multipurpose room, administrative offices, kitchen, open courtyard, restrooms and conference room, an approximately 4,900-square-foot addition of fitness and dance rooms, storage and common areas, and an intensive structural upgrade of the Recreation Center’s existing 7,300-square-foot gymnasium.

DATES: FEBRUARY 2019-CURRENT

MARGARITA RECREATION CENTER
CITY OF TEMECULA | TEMECULA, CA
NV5 is currently providing preliminary design, project management, construction management and inspection services for the Margarita Recreation Center replacement project. This is a Design-Build (DB) project that will demolish the existing facility and replace it with a new building and pool. In concert with City staff, our team recently prepared the design bridging documents and DB Request for Proposal. Our team is currently assisting the City with the DB contract Advertising and Award process. NV5 will provide construction management and inspection services through project completion.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 20

COMPANY QUALIFICATIONS
FY 17-18 SEWER REHABILITATION
CITY OF VILLA PARK | VILLA PARK, CA
Our team provided Construction Management and Inspection services for the FY 17-18 Sewer Rehabilitation Project. The project included removal and replacement of selected sections of 8-inch VCP sewer; spot repairs; CIPP relining; installation of a 48-inch sewer manhole; removing and replacing an existing sewer cleanout; reconnecting an existing sewer lateral; restoration of curb, landscaping and irrigation, traffic striping and markings; and installing a sewer bypass pumping system.

DATES: AUGUST 2018-DECEMBER 2018

MESA HENDERSON STORM DRAIN
CITY OF VILLA PARK | VILLA PARK, CA
Our team provided construction management and inspection services for the project, which included clearing and grubbing, erosion control, traffic control, unclassified excavation, construction of a 90-inch RCP storm drain and PCC headwall, partial removal and reconstruction of a tennis court, lighting and fencing, removal and reconstruction of a CMU wall, residential patio grading and landscape restoration, including trees and a koi pond. Our team also provided materials testing and inspection, specialty inspection, federal funding and labor compliance, contract administration, and other necessary tasks during construction.

DATES: SEPTEMBER 2018-DECEMBER 2018
DATES: FEBRUARY 2022-APRIL 2022

SEA COUNTRY SENIOR COMMUNITY CENTER

LOBBY FLOOR REPLACEMENT
CITY OF LAGUNA NIGUEL | LAGUNA NIGUEL, CA
NV5 provided construction management and inspection services for this project. The goal of the project was to remove and replace the existing flooring throughout the northern portion of the facility.

Specifically, the scope of work included wood base removal, carpet removal, concrete grinding, shave down wood doors, new wood base installation, and furnish and install transition.

City of Seal Beach | On-Call Professional Inspection Services NV5 | 21

REFERENCES
Provided below are five (5) references of public agency clients for whom similar inspection services have been performed that are comparable in quality and scope to that specified in this RFP.

CITY OF SEAL BEACH
Iris Lee, PE, TE
Public Works Director
562.431.2527, ext. 1322,
[email protected]
Projects:

On-Call Inspection Services
Bolsa Chica Water Well
Improvements

REFERENCES

CITY OF NEWPORT BEACH
Michael Sinacori, PE
Assistant City Engineer
949.644.3342
[email protected]
Projects:

On-Call Construction Inspection
Services
Several Utility Undergrounding
Projects

CITY OF YORBA LINDA
Rick Yee, PE
Deputy DPW/Assistant City Engineer
714.961.7171
[email protected]
Projects:

Bastanchury Road Widening
Annual Pavement Preservation
Program (APPP)
As-Needed Public Works
Inspection Services

CITY OF ANAHEIM
Jacob Hester, PE
Water Engineering & Design Manager
714.765.4421
[email protected]
Projects:

Rural Ridge Circle and Wilshire
Avenue Water Main Replacement
La Palma Avenue and Tustin Avenue
Water Main
Staff Augmentation (Water
Inspection and Project Management)
Pressure Regulating Stations (PRS)
Rehabilitation/Replacement

CITY OF CULVER CITY
Hong Wang, PE
Senior Civil Engineer
310.253.5604
[email protected]
Projects:

Diversion Pipeline
Bankfield Sewage Pump Station
City of Seal Beach | On-Call Professional Inspection Services NV5 | 22 Fee Schedule
Effective through June 30, 2024. After this time, NV5 will receive a 3% rate increase for each consecutive year beginning July 1, 2024.

CONSTRUCTION SERVICES HOURLY RATE
Project Manager/Construction Manager $175
Construction Inspector $148*
Office Engineer $135
Labor Compliance/Documents Control/Construction Administration $105

REIMBURSABLE EXPENSES COST
Reproduction Cost
Consultant Services Cost + 15%
Automobile Transportation per IRS standard
Delivery, Freight, Courier Cost
Agency Fees Cost
Commercial Travel Cost
* Prevailing Wage base rate for up to 8 hours a day. Overtime rate of 1.5x base rate for 8 to 12 hours worked. Overtime rate of 2x base rate for over 12 hours worked, Sunday work, and holiday work in accordance with California Department of Industrial Relations in accordance with California Labor Code for Prevailing Wage.

Agenda Item I

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Resolution Declaring Support of the Iranian-American Community and Condemning the Violence Perpetrated by
the Government of Iran Against Its People
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7387 declaring support of the IranianAmerican community and condemn the violence perpetrated by the government of Iran against its people.

BACKGROUND AND ANALYSIS:

The City Council received a request that the Council adopt a resolution declaring support of the Iranian-American community and condemn the violence perpetrated by the government of Iran against its people.

On September 13, 2022, Mahsa Amini, a 22-year-old Kurdish woman from the northwestern city of Saqqez, was arrested by Gasht-e Ershad, also known as the Islamic Republic of Iran’s “morality police,” for allegedly wearing her hijab improperly in violation of Iran’s compulsory dress codes.

Police reportedly beat Amini and took her to Vozara Police Station, where she was reportedly beaten again and later transferred to a hospital after suffering a heart attack or stroke. Amini reportedly later fell into a coma, and on September 16, 2022, she passed away in the hospital.

Since the announcement of Amini’s death, there has been an eruption of nationwide protests in the Islamic Republic of Iran, demanding accountability for her death and calling for an end to violence and discrimination against women and girls in Iran.

The government of Iran has committed additional acts of violence and numerous human rights violations against its own people, particularly against women and

Page 2 ends

girls, including, but not limited to the killing of over 200 civilians; gassing of an allgirls elementary school; shooting and killing of students at the Sharif University of Technology; threats of sexual violence as a means to silence opposition; and the burning of Evin Prison that holds political prisoners, intellectuals, reporters, and journalists.

Following the tragic death of 22-year-old Amini in the custody of the morality police, the Iranian government has since cracked down on the right to freedom of expression and the right to peaceful assembly, including shutting down access to the internet.

The City of Seal Beach joins 13 Orange County cities that stand in solidarity with its Iranian-American community and have also passed similar resolutions: Aliso Viejo, Anaheim, Costa Mesa, Fullerton, Irvine, Laguna Beach, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Tustin, and Yorba Linda.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7387 declaring support of the IranianAmerican community and condemn the violence perpetrated by the government of Iran against its people.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager

Page 3 ends

ATTACHMENTS:

A. Resolution 7387
RESOLUTION 7387

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SEAL BEACH CITY DECLARING SUPPORT OF THE

IRANIAN-AMERICAN COMMUNITY AND CONDEMING THE

VIOLENCE PERPETRATED BY THE GOVERNMENT OF

IRAN AGAINST ITS PEOPLE
WHEREAS, the rights of life, liberty, and the pursuit of happiness are endowed to all men and women by their Creator; and,
WHEREAS, on September 16, 2022, 22-year-old Mahsa Zhina Amini was arrested by Gasht-e Ershad, also known as the Islamic Republic of Iran’s “morality police,” for allegedly wearing her hijab improperly in violation of Iran’s compulsory dress codes and subsequently died as a result of police brutality; and, WHEREAS, the tragic death of Mahsa Zhina Amini has inspired numerous and ongoing protests throughout Iran, resulting in thousands of arrests to extinguish the voices of journalists, media figures, and members of the public who seek to amplify Iranians’ desire for personal freedoms, which the government of Iran has now blamed on the United States; and,
WHEREAS, over the last 43 years, the government of Iran has committed numerous acts of violence and human rights violations against its own people, particularly against women, girls, and students; and,
WHEREAS, the government of Iran has committed additional acts of violence and numerous human rights violations against its own people, particularly against women, including but not limited to the killing of more than 200 civilians, the gassing of an allgirls elementary school, the shooting and killing of students at Sharif University of Technology, the threatening of sexual violence as a means of silencing opposition, and the burning of Evin Prison that holds political prisoners, intellectuals, reporters, and journalists; and,
WHEREAS, the government of Iran has restricted the people's access to internet, phone, and other forms of communication.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. That the City of Seal Beach stands in solidarity with its Iranian-American community members, particularly Iranian-American women, as their relatives and associates are suffering through the current injustices in Iran.

SECTION 2. That the City of Seal Beach condemns the violent acts that are being perpetrated against the Iranian people.

SECTION 3. That the City of Seal Beach calls upon the government of Iran to end its systemic human rights violations.

SECTION 4. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 13th day of March, 2023 by the following vote:

AYES: Council Members:

NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7387 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of March, 2023.

Gloria D. Harper, City Clerk
Agenda Item J

AGENDA STAFF REPORT
DATE: March 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Director, Department of Community Development SUBJECT: Contract for Professional Services with Stantec Consulting Services for an Environmental Impact Report
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve Resolution 7388:

1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and,

2. Authorizing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

On February 7, 2022, the City Council adopted the 2021-2029 Housing Element, amending the General Plan, pursuant to State law. A key provision of State law related to Housing Elements is the requirement that jurisdictions maintain an inventory of potential housing sites commensurate with their Regional Housing Needs Assessment (RHNA) allocation. For the 2021-2029 cycle, the City of Seal Beach (City) has been assigned a total of 1,243 units. Of those, 258 must be affordable at very low-income levels, 201 at low-income levels, 239 at moderateincome levels, and the remaining 545 units may be at above moderate-income levels. While the City has not yet achieved certification of its Housing Element from California Department of Housing and Community Development, it is still required by law to proceed with the zoning update.

The 2021-2029 Housing Element identifies multiple sites to accommodate the required RHNA allocation. The existing zoning on most of these sites must be modified to accommodate housing; therefore, the City is required to process a major amendment to the zoning code, which will include creation of a mixed-use zoning standard that will allow for housing to be incorporated on what are currently commercial sites. The re-zoning process was initiated several months ago with Lisa Wise Consulting, who is helping to develop the revised code standards. Due to the scope of the zoning code update, it has been determined that a Program

Page 2 ends

Environmental Impact Report (EIR) will be necessary to meet the requirements of the California Environmental Quality Act (CEQA). The City requested proposals from several firms, but was only able to obtain one. The proposer, Stantec Consulting Services, is a global firm providing a wide range of services, including environmental work under CEQA. Stantec has provided assistance to the Public Works Department in the past, including engineering design work, permitting, and environmental review, and has proven a reliable consultant with necessary expertise. Their proposal is included in Attachment B to this staff report, and includes a public scoping meeting, as well as public meetings/hearing to include the Environmental Quality Control Board, the Planning Commission, and the City Council. The entire process is estimated to take 12-14 months.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of this Professional Services Agreement with Stantec Consulting Services will not have a significant effect on the environment.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

The Professional Services Agreement is in the amount of $392,254, plus a 5 percent contingency. Adequate funding is available for FY 2022-23 in 103-300- 0231-51301. Funds in this account are generated through the building permit process and specifically set aside for General Plan related updates, including implementation of General Plan changes.

STRATEGIC PLAN:

This item is related to the City's Housing Element, which is a priority of the Strategic Plan.

RECOMMENDATION:

That the City Council approve Resolution 7388:

1. Approving the Professional Services Agreement with Stantec Consulting Services for $392,254 plus a 5 percent contingency for a total of $411,867; and,

2. Authorizing the City Manager to execute the Agreement.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7388
B. Professional Services Agreement with Stantec Consulting Services, Inc.

RESOLUTION 7388

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH STANTEC
CONSULTING SERVICES, INC. FOR AN ENVIRONMENTAL IMPACT
REPORT
WHEREAS, the City of Seal Beach (City) has determined that an Environmental Impact Report (EIR) must be completed as a part of a rezoning effort necessitated by the Housing Element update; and,
WHEREAS, the City desires to enter into an agreement with the Stantec Consulting Services, Inc. (Consultant) to conduct and complete an EIR; and, WHEREAS, Consultant is a highly qualified consulting firm, specializing in environmental analyses and will serve the needs of the City; and,
WHEREAS, City and Consultant wish to enter into this Agreement for Consultant to provide an Environmental Impact Report, with compensation not to exceed the amount of $392,254 plus a 5 percent contingency amount of $19,613 for a total of $411,867, as provided herein.

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

Section 1. The City Council hereby approves the Professional Services Agreement with Stantec Consulting Services, Inc. as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as through set forth in full, with a two-year term extending from March 15, 2023 through March 30, 2025, and providing Stantec Consulting Services, Inc. compensation for the term an amount not to exceed $411,867, which includes a 5 percent contingency amount of $19,613.

Section 2. The Council hereby 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 13th day of March, 2023 by the following vote:

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

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7388 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of March, 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Environmental Consulting Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Stantec Consulting Services, Inc.
290 Conejo Ridge Avenue
Thousand Oaks, CA 91361
(866) 782-6832
This Professional Service Agreement (“the Agreement”) is made as of March 13, 2023 (the “Effective Date”), by and between Stantec Consulting Services, Inc. (“Consultant”), a New York corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
2 of 22

RECITALS
A. City desires certain professional services of environmental consulting related to the California Environmental Quality Act.

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 environmental consulting services.

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

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those 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.

1.3. 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 professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable 3 of 22
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.

2.0 Term

2.1. The term of this Agreement shall commence on March 15, 2023 and shall remain in full force and effect until March 30, 2025 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 $392,254 (three hundred ninetytwo thousand, two hundred and fifty-four dollars) for the Term. The City Manager may approve, in writing, an additional expenditure of up to 5 percent, or $19,613, for unforeseen contingencies.

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 thirty (30) calendar days of receipt of each invoice as to all non-disputed fees. If City disputes any of Consultant’s fees, within thirty (30) calendar days of receipt of an invoice City will give written notice to Consultant of any disputed fees set forth on such invoice.

City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, 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.

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

5.1.3. Termination by City for Consultant’s Breach. At City’s option, if Consultant defaults in the performance of this Agreement, City may serve a written notice of breach and demand to cure, whereupon Consultant shall have 15 days after service upon it of such notice and demand in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement immediately and without further notice or prejudice to any other remedy to which it may be entitled at law, in equity. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of any such default.

5.2. Termination by Consultant.

5.2.1. This Agreement may be terminated by Consultant based on reasonable cause, upon giving City written notice thereof not less than 30 days prior to the date of termination.

5.2.2. Termination by Consultant for City’s Breach. At Consultant’s option, if City defaults in the performance of this Agreement, Consultant may serve a written notice of breach and demand to cure, whereupon City shall have 15 days after service upon it of such notice and demand in which to cure the default by rendering a satisfactory performance. In the event that City fails to cure its default within such period of time, Consultant shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement immediately and without further notice or prejudice to any other remedy to which it may be entitled at law, in equity. The failure of Consultant to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of any such default.

5.3. Obligations upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City’s acknowledgment of receipt of Consultant’s notice of termination to City under Subsection 5.2. Upon termination, City shall be immediately given title to and 5 of 22
possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination.

Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

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

6.2. Christine Abraham is the Consultant's primary representative for purposes of this Agreement. Trevor Macenski 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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Stantec Consulting Services, Inc.
290 Conejo Ridge Avenue
Thousand Oaks, CA 91361
Attn: Trevor Macenski

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

Consultant shall be responsible for all reports and obligations respecting such 7 of 22
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s negligence or willful misconduct in its 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

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify 8 of 22
and hold harmless City, and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to 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, other information and other Work Product (as defined in Subsection

12.1) 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. The restrictions on the use and disclosure of the confidential information shall not apply to information which (a) was known to Consultant before receipt of same from City; or (b) becomes publicly known other than through Consultant; or (c) is disclosed pursuant to the requirements of a judicial order, but only to the extent required to comply with the requirements of the judicial order.

11.3. 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. 9 of 22

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

12.0 Ownership of Work Product

12.1. All field notes, draft and final reports, drawings, specifications, other documents and written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered to be “works made for hire” for the benefit of the City. Except as otherwise provided in Subsection 5.3, “Obligations Upon Termination,” all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City without Consultant’s consent. Any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

12.2. Upon expiration of the Agreement, or upon termination of the Agreement by City or Consultant, Consultant upon full payment of monies owed in accordance with Subsection 5.3 for Work Product created prior to the date of termination, hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of 10 of 22
the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement and except as otherwise provided in Subsection 5.3, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. The parties acknowledge that the authenticity, integrity or completeness of data files supplied in electronic format (“Electronic Files”) cannot be guaranteed. Consultant and City shall each bear any loss or damage to the extent caused by or arising out of its own acts or omissions.

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.

Notwithstanding the foregoing, City's right to inspect, copy and audit shall not extend to the composition of Consultant's rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units, hours and/or tasks used in determining the costs charged to City.

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.

17.0 Insurance

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

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 12 of 22
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.

17.4. 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 insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the 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 13 of 22
suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers 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 and appointed officials, officers, employees, agents. 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;

17.8. 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.

17.10. 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, 14 of 22
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.

17.13. 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, up to the limits of Consultant’s standard insurance certificate levels, e.g., $3 million professional liability, $2 million/$4 million commercial general liability, $5 million umbrella, and $1 million auto. 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. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subcontractor cannot comply with this requirement, which proof must be submitted to City, Consultant shall be required to ensure that its subcontractor provides and maintains insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of Consultant, but in all other terms consistent with Consultant’s requirements under this Agreement. This provision does not relieve Consultant of its contractual 15 of 22
obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of Consultant under this agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to City for review.

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, to the extent arising out of, pertaining to, or relating 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 Section 2782.8(c). Notwithstanding the foregoing and as required by Civil Code Section 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, to the extent arising out of, pertaining to, or relating to the acts or omissions of Consultant, its officers, agents, servants, 16 of 22
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, except for Liabilities arising from the 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.

18.2.2. 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 and hold harmless the Indemnitees from and against any and all Claims to the same extent as outlined in Subsection 18.1 with respect to performance of professional services, and Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities to the same extent as outlined in Subsection 18.2 with respect to all other indemnities, including all Claims and/or Liabilities, in law or equity, whether actual, alleged or threatened, to the extent arising out of, pertaining to, relating 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 and/or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.5. 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 17 of 22
pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the 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.

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

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

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

26.0 Waiver
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.

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

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

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for 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 20 of 22
held by City or may withhold payment otherwise owed to Consultant under this Agreement up to the amount of the cost of correction.

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

31.0 Mutual Cooperation

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

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

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

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

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

35.0 Corporate Authority
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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.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.
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CITY OF SEAL BEACH CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
By: By:

Jill R. Ingram, City Manager Name:

Attest:

Its:

By:

Gloria D. Harper, City Clerk
Approved as to Form:

By:

Nicholas Ghirelli, City Attorney
Name:

Its:
(Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
Trevor Macenski
Senior Principal

EXHIBIT A
Consultant’s Proposal
October 3, 2022
Stantec Consulting Services Inc.
290 Conejo Ridge Avenue, Thousand Oaks, CA 91361
Attention: Ms. Alexa Smittle
Community Development Director
Department of Community Development
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Electronically submitted to: [email protected]
Dear Ms. Alexa Smittle,
Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
At your request, Stantec Consulting Services Inc. (Stantec) has prepared this scope of work to prepare a Program Environmental Impact Report (EIR) for the City of Seal Beach General Plan Zoning Code Updates Project, for the City of Seal Beach (City), California, pursuant to the California Environmental Quality Act (CEQA). This revised proposal includes amended scope, schedule and fees related to transportation planning services, the noise assessment, the evaluation of hazards, and provides some additional revisions/clarifications based on our recent meetings with the City.

As members of the community and with Southern California offices in that include the cities of Los Angeles, Long Beach, Irvine and others, we are well versed in executing CEQA documents proposed in the region.

Stantec has an exemplary history of producing objective, cost-effective and timely CEQA documents and technical reports for the City, as well as having recently assisted with environmental permitting for projects in the Los Cerritos Wetlands area.

Stantec is committed to providing responsive and highly capable environmental practitioners to assist the City with the Project. Our team is experienced in preparing CEQA documentation for both public and private agencies and for all types of projects. We are able to provide seamless and flexible consulting services to accommodate expedited project processing, expansive public outreach programs, and advanced understanding of public infrastructure projects; all will help maintain the Project schedule and stay within budget. Stantec looks forward to preparing the Program EIR for the Project and we encourage you to reach out if you have any questions or concerns. Our contact information is included at the end of this proposal.

Introduction
The City is proposing to prepare the Program EIR for the Project in order for the City to implement its Housing Element. The City is working with the California Department of Housing and Community Development (HCD) to demonstrate their compliance with the mandated Regional Housing Needs Assessment (RHNA) allocation. The City’s current Housing Element has not yet been certified by HCD, and the potential impacts of the increased residential density resulting from the required zoning updates needs to be addressed. As the City does not have a current General Plan EIR, preparation of a Program EIR is required to focus on the potential impacts caused by Project implementation. The new zoning resulting from October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
Project implementation would result in increased densification and intensification of low- and moderateincome residential uses at 11 identified candidate sites in various locations across the City. The focus of the environmental evaluations will be the areas around these 11 identified candidate sites.

The City would be the CEQA Lead Agency for the Project. Stantec will review and use information provided by the City to prepare the EIR, including the City’s General Plan, 2021 Housing Element, Zoning Code and Maps, 2020 Urban Water Management Plan, Orange County Transportation Analysis Model (OCTAM) to assess vehicle miles travelled (VMT), and any other relevant data or information provided by the City.

Stantec anticipates that a Program EIR will provide the appropriate level of CEQA review for the Project. As provided in CEQA Guidelines Section 15168(a), a Program EIR is appropriate for projects which are “…a series of actions that can be characterized as one large project and are related either:

1. Geographically;

2. A logical part in the chain of contemplated actions;

3. In connection with issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or

4. As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effect which can be mitigated in similar ways.” Section 15168(b) of the CEQA Guidelines states: “Use of a Program EIR can provide the following advantages. The Program EIR can:

1. Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action;

2. Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis;

3. Avoid duplicate consideration of basic policy considerations;

4. Allow the Lead Agency to consider the broad policy alternative and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts; and

5. Allow reduction in paperwork.”
Future discretionary actions resulting from Project implementation, and specifically those related to residential development projects, would be required to prepare individual project-specific evaluations to determine consistency with the analysis provided in the proposed Program EIR.

Stantec Project Team
We understand the value of assigning quality leadership and experienced resources staff to complete projects within schedule and budget. We have assembled a Project team that will provide a wide range of October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
cost-effective, timely, high-quality technical services that meet environmental regulations and agency requirements. The selection of team members was based upon four key factors:
• Technical expertise in issue areas of concern to the City • Prior experience with similar projects near Seal Beach • Demonstrated ability to comply with schedule constraints • Demonstrated ability to effectively communicate and present technical information to the public Our Project team includes experts in key environmental fields who provide the technical credibility to successfully produce the necessary technical studies and finalize a comprehensive environmental document. Professional technical analyses are essential to ensure the environmental document is deemed credible, objective, and technically sound in the eyes of the lead agency and the public.

Of equal importance to the technical ability of the team members is their previous experience working on complex projects involving substantial public and stakeholder input, which helps the team produce the highest quality work product.

Key strengths associated with Stantec’s Project team include:
• Established working relationships between team members • Technical expertise in areas specific to the Project
• Ability to assign key management and senior staff immediately upon contract award with the intent of meeting the schedule requirements
Brief descriptions of the Project management team are provided below.

Project Management Team
Principal in Charge – Trevor Macenski
Trevor is a Senior Principal and Geographic Technical Leader for Assessment and Permitting in the United States for Stantec’s Environmental Services Impact Assessment, Permitting, and Compliance division. As an environmental scientist with advanced understanding of land use planning, he specializes in developing comprehensive environmental compliance strategies for complex, multi-component development projects from environmental and land use-based siting to impact assessment, and agency permitting through construction. Trevor focuses on complex and controversial projects under federal and state laws. Trevor brings a creative problem-solving approach to his role as a liaison between the various participants in the planning, permitting, and project development process, including project sponsors, engineers, attorneys, lead and responsible agencies, and concerned community groups. He is experienced with public involvement processes and is a skilled public presenter. Trevor has authored more than 150 CEQA documents, including 25 EIRs, and has worked on two published CEQA cases. As an experienced environmental impact assessment practitioner and educator, Trevor served as adjunct faculty at the University of California, Davis, teaching environmental impact assessment methodologies. He is on the Association of Environmental Professionals: Advanced CEQA Practitioners List, which allows him to teach concerning annual statewide CEQA updates, and he is a Planning Commissioner for the City of Benicia.

October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
For the Project, Trevor will serve as the liaison between the Stantec team and the City, as needed. He will ensure that information is distributed appropriately, comments regarding Project-related issues are communicated effectively and efficiently, and financial performance is tracked regularly (i.e., invoices).

Trevor will serve as the primary point of contact with the City along with Christine Abraham.

Project Manager – Christine Abraham
Christine is a Principal Environmental Planner, focusing on environmental review and CEQA compliance documentation. Christine manages Stantec project teams and contributes analytical work products documenting CEQA compliance for agency decisions related to urban development, redevelopment, and infill projects. She has prepared and managed all levels of CEQA documentation, from Notices of Exemption and Initial Studies in support of Mitigated Negative Declarations (MNDs) to EIRs. In addition to document preparation, Christine draws from her legal background, as a Member of the State Bar of California, to provide a thorough peer review of environmental documents to ensure defensibility, as well as engaging in litigation support when needed. She is highly organized, an effective communicator, and understands what it takes to successfully coordinate and track multidisciplinary project teams for complex and controversial projects. Christine will be responsible for the day-to-day coordination of CEQA documentation, ensuring that the Stantec’s CEQA practitioners and subject matter technical experts are on task and delivering technically sound, legally defensible documentation. Christine will confirm that the Stantec team has adequate resources to respond to your needs and deliver high quality projects efficiently and in a timely manner. Christine has the authority to reassign staff and pull additional resources as needed.

Scope of Work
Task 1: Project Initiation & Project Description
Task 1a: Project Initiation and Kick-Off Meeting
Upon Project authorization, Stantec will meet virtually the City to initiate this scope of work. Lines of communication will be established, and the scope of work, schedule, and cost estimate will be reviewed and may be refined. To maximize efficiency, Stantec’s kick-off meeting agendas often include, but are not limited to, the following:
• Introduce and establish lines of communication among the Project team members and identify roles and responsibilities.
• Identify, discuss, and revise, as necessary, the scope, methodology, content, approach, and schedule for completion.
• Review/refine the Project objectives.
• Discuss the schedule for providing information to Stantec for documents required for preparation of the Program EIR.

Stantec will review information provided by the City and prepare a data needs memorandum of any outstanding data needs. Stantec’s Project Manager will be responsible for overseeing our quality October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
assurance/quality control (QA/QC) plan and will work closely with our technical leads and our highly experienced editor who will review all written work products prior to submittal.

Deliverables:
• Kick-off meeting with agenda, with up to three (3) Stantec Environmental Services Staff (virtual) • Meeting notes/action items list (electronic)
• Preparation of Data Needs Memorandum (electronic)
Task 1b: Project Description
The Project Description is the “sine qua non” of the EIR, or in layman’s terms, an essential and indispensable element. One of the first key actions will be the formulation of a working Project Description for the proposed Project. We will work closely with the City to establish Project objectives and to prepare a Project Description that accurately describes how the overall objectives are met. The Project Description will include a comprehensive overview of all the Project characteristics, as well as a detailed description of related projects, which would be included as an approved, up-to-date list provided by the City for purposes of cumulative analyses. The Project Description will, at a minimum, include the following:
• Project Characteristics
• Project Objectives
• Regional and Local Setting
• Project Development Data
• Graphic Representations of the Project
• Project Design Features
• Related Projects
• Construction Phasing Timeline
• Required Approvals
Deliverable:
• Preparation of Draft and Final Project Description (electronic) Assumptions:
• Any changes to the Project Description after it has been approved by the City could result in changes to the later environmental analysis. Resulting revisions would be considered out of scope. • One consolidated set of comments on the Project Description.

October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
Task 2: Preparation of Technical Studies
Task 2a: Air Quality, Greenhouse Gas and Energy Study
Air Quality
The proposed Project would result in increased residential development on a City-wide level, which would result in additional emissions of criteria air pollutants.

The Project is in the South Coast Air Basin, which is designated nonattainment for ozone and particulate matter 2.5 microns or smaller (PM2.5) under the California and National Ambient Air Quality Standards (AAQS), nonattainment for lead (Los Angeles County only) under the National AAQS, and nonattainment for particulate matter 10 microns or smaller (PM10) under the California AAQS (CARB 2022). As such, the primary pollutants of concern are ozone precursors - reactive organic gases or volatile organic compounds (ROGs/VOCs), oxides of nitrogen (NOx), and PM.

Regional Analysis: Stantec will provide an air quality impact assessment technical memorandum which will include emissions modeling, methodology, and assumptions, as well as model outputs. The analysis will follow guidance provided by the South Coast Air Quality Management District (SCAQMD) and will compare the emissions estimates to SCAQMD regional thresholds. Stantec will use a combination of the California Emissions Estimator Model and/or EMFAC to calculate the increase in emissions from the proposed Project. For mobile source emissions, Stantec will compare the net difference in proposed project vehicle miles travelled (VMT) compared to the baseline VMT. Stantec will also evaluate Project alternatives using the above methodology as well.

Localized Significance Thresholds: SCAQMD also has localized significance thresholds (LSTs); however, because there is no defined project with a construction schedule and equipment list, the LST evaluation would not be applicable. Stantec will recommend best practices for minimizing emissions with the potential to cause an exceedance of LSTs.

Health Risk Assessment: A health risk analysis is required of projects that require the use of chemical compounds identified in SCAQMD Rule 1401 or placed on the California Air Resources Board’s (CARB) air toxics list pursuant to Assembly Bill 1807, the Air Contaminant Identification and Control Act (1983) or placed on the EPA’s National Emissions Standards for Hazardous Air Pollutants. SCAQMD has identified the following risk thresholds. Residential uses do not use substantial quantities of toxic air contaminants (TACs) and typically do not exacerbate existing hazards. Accordingly, a quantitative health risk assessment will not be prepared. If sensitive uses, such as nursery schools or senior housing, are being developed, additional assessments may be required for an additional fee.

Buildout of the proposed project could result in siting sensitive receptors (e.g., residential) near sources of emissions (e.g., freeways, industrial uses, etc.), which could expose sensitive receptors to potential air quality-related impacts. In California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369 (Case No. S213478) the court found that CEQA does not require analysis of the potential environmental effects from siting sensitive receptors near existing sources. As such, Stantec will provide a qualitative discussion focused on best practices for siting sensitive uses in accordance with October 3, 2022
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existing guidance from the SCAQMD and the California Air Resources Board and any applicable General Plan policies.

Greenhouse Gases
The air quality modeling prepared for the criteria air pollutants will be used to generate emissions estimates of GHG gases limited to: carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). The interim SCAQMD GHG thresholds of will be used to determine the project’s significance as well compliance with applicable regional and State plans developed for the reduction of GHG emissions, such as the Regional Transportation Plan/Sustainable Communities Strategy and the Scoping Plan.

Energy
Stantec will use the modeling information from air quality and greenhouse gases to estimate the Project’s increase in energy use from the baseline compared to the buildout horizon year. Stantec will estimate the project’s increase in natural gas, electricity, and vehicle fuels for the buildout horizon compared to the baseline year.

Assumptions:
• Baseline VMT and Project VMT will be provided.
• A qualitative assessment of CO hotspots will be provided. If it is later determined that a quantitative assessment of CO is necessary, a budget augment will be requested. • Major changes to the project features, design, schedule or other parameters that precipitate revisions to the emissions modeling may also warrant a budget augment. • Changes to the Project that occur after completing the analysis that require re-modeling will be considered additional work that is not covered by this scope of work. • A qualitative LST and HRA assessment for construction and operations is proposed. • The Project is not considered a source of substantial odors. A qualitative assessment of odors will be provided, which documents the distance to any odor sources relative to the BAAQMD’s guidance.
• This scope of work includes one round of review and assumes one draft and one final deliverable.

Task 2b: Biological Resources Assessment
Stantec will a Biological Resources Technical Report (BRTR) to support the preparation of the Program EIR that will analyze the potential construction of housing projects at 11 different sites (per the 2021-2029 City of Seal Beach Housing Element). Stantec is not proposing any field level reconnaissance level surveys as part of this effort but proposes to conduct a desktop review for each of 11 potential sites and provide information on special-status species and/or habitats that may have the potential to occur. In order to provide the City with enough specificity to identify the potential resources at each site and provide recommended mitigation measures for various species and habitats, each site plus a 10-mile buffer will be analyzed.

Desktop Review: A literature review will be performed in conjunction with the field surveys for the project site. A review of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) will be conducted for the U.S. Geological Survey’s (USGS) 7.5-minute topographic October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report
quadrangle in which the survey(s) occur along with the adjacent eight quadrangles. The purpose of the review is to determine the special-status plants, wildlife, and vegetation communities that have been documented within the vicinity of the project. Additional data regarding the potential occurrence of specialstatus species and policies relating to these special-status natural resources is generally gathered from the following sources:
• State and federally listed endangered and threatened animals of California • CDFW Special Animals List
• CDFW California Wildlife Habitat Relationships
• CNPS Inventory of Rare and Endangered Vascular Plants of California • Consortium of California Herbaria
• Locally Important Species Lists
• United States Fish and Wildlife Service Information for Planning and Consultation (IPaC) online tool • Aerial photographs of the location to be surveyed and surrounding areas Upon completion of the desktop review Stantec will prepare a BRTR that presents the findings of the reviews for each of the sites, a map of special-status species records, an analysis of the potential for special-status species to occur, and avoidance/mitigation measures for sensitive resources.

Deliverables:
• Draft and Final Biological Resources Technical Report: electronic copy (Word and PDF) Assumptions:
• A GIS shapefile for the location of each of the 11 sites will be provided to Stantec before the desktop review can begin.
• No fieldwork is proposed as part of the proposed tasks. • This scope of work includes one round of review and assumes one draft and one final deliverable.

Task 2c: Cultural and Tribal Cultural Resources Assessment In order to analyze of the potential impacts of the General Plan Zoning Code Updates on cultural (archaeological and tribal) and historical resources under CEQA, and pursuant to Public Resource Code Section 21084.1, Stantec will conduct a desktop analysis to assess cultural resources conditions throughout the City. Stantec will prepare a cultural resources technical report, as well as the cultural and tribal cultural resources sections of the Program EIR, inclusive of the following tasks:

Literature Review
Stantec cultural resources staff will conduct background research at multiple repositories. As part of the archival research, the following sources will be consulted: the California Archaeological Inventory Records, National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), California Historic Landmarks list, California Points of Historical Interest, Built Environment Resources Directory, and Historical Landmarks and Points of Historical Interest for Orange County. Research about the region and selected potentially historic properties will be developed as part of a historic context. Additional on-line sources will be accessed and reviewed to further enhance the understanding of the City. Such sources may October 3, 2022
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include modern and historic maps, historic aerial imagery, newspaper archives, as well as other sources (i.e., historic society, library).

Record Search
Stantec cultural resources staff will request a records search from the South-Central Coastal Information Center (SCCIC) of the California Historical Resource Information System (CHRIS), located at California State University, Fullerton. Based on a preliminary review of the candidate sites, Stantec assumes that of the 11 candidate sites for potential rezoning, only 5 will require a records search. Stantec will define a ¼- mile study area surrounding each of the sites to determine the type of cultural resources that were previously documented within and/or near the site, as well as previously conducted cultural resources surveys, excavations projects, and regional overviews. Inclusion of additional sites as part of the records search request will require a change order/contract modification.

Sacred Lands File Search and Native American Consultation As part of Assembly Bill (AB) 52 and Senate Bill 18 compliance pursuant to the CEQA, Stantec will complete a Sacred Lands File and Tribal Contacts List Request with the Native American Heritage Commission (NAHC) in Sacramento. Using the list of NAHC provided contacts, Stantec will prepare and mail Native American outreach letters on letterhead provided by the City. The letters must be signed by a City staff person and include the contact information for the City as the primary point of contact. The City will provide Stantec with all comments received in response to the outreach letters, and Stantec will maintain a log of all contact and communication, which will be submitted to the City with the final report.

Stantec will also attend up to two (2) consultation meetings with Native American tribes/organizations.

Stantec assumes that all meetings will be virtual, and that no in-person meetings will be required.

Technical Report
Stantec will prepare a draft Cultural Resources Technical Report for the Project. The report will discuss the proposed project, regulatory framework, research methodologies, and prehistoric and historic contexts. It will include a summary of the records search results and literature review. It will also provide an analysis of the potential project impacts on identified cultural resources as well as mitigation measures and recommendations.

Stantec will revise the draft technical report based upon one round of comments. The final report will be submitted electronically as a Word and PDF document to the City. It will also be submitted to the SCCIC within 45 days of project completion.

Deliverable:
• Draft and Final Cultural Resources Technical Report: electronic copy (Word and PDF) Assumptions:
• Excludes fieldwork (i.e., archaeological survey, test excavation, architectural resource inventory and/or evaluation). Any fieldwork will require a change order/contract modification.

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• Excludes costs associated with tribal monitors, which would require a change order/contract modification.
• Excludes consultation with interested parties (i.e., parties other than Native American tribes, organizations and individuals), attendance at public meetings, or preparation of responses to public comments. Any consultation with interested parties will require a change order/contract modification.
• Record search fees are set by the California Historical Resources Information System. An estimate is provided based on the assumption that 5 of the 11 candidate sites for potential rezoning. If the final invoice is more than the estimate provided, a change order/contract modification will be necessary.
• City of Seal Beach will provide Stantec with GIS parcel boundaries and Orange County assessor data for parcels within the city boundaries once the Notice to Proceed is approved. • Within 14 days of a decision to undertake the Project, the City shall provide written notification to the Tribes that requested placement on notice list.
• Notice to Tribes shall include brief Project description, location, and City contact information. • Tribes have 30 days to request consultation.
• The City shall begin the consultation process within 30 days of receiving Tribe’s request for consultation.

Task 2d: Noise Impact Assessment
Stantec will develop a noise study within the Program EIR that will evaluate the proposed General Plan Zoning Code update impacts from noise. The noise evaluation would be directly incorporated into the Noise section of the Program EIR and will address the following elements:
• Sensitive receptors and the existing noise environment. The current and future noise environment will be determined using the Noise Element in the City of Seal Beach General Plan and the Joint Forces Training Base Airport Land Use Plan.
• Noise associated with construction activities. Stantec will use the Federal Highway Administration Roadway Construction Noise Model (RCNM) as a tool for impact assessment. • Fixed-source noise. Requirements listed in Section 7.15 “Noise” in the Seal Beach Municipal Code and the City of Seal Beach General Plan will be referenced. • Groundborne vibration. Stantec will use the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines document for impact assessment. • Traffic noise impact. Using the traffic information provided for this study and general industry standard practice, determine the potential effect the zoning code update will have on local traffic counts and determine the impact to the neighboring communities. • Cumulative impacts.

Task 2e: Paleontological Resources Technical Report
Stantec will prepare a paleontological resources technical report in order to develop paleontological resources management recommendations for the General Plan Zoning Code Updates, pursuant to CEQA and Public Resources Code Chapter 1.7, Sections 5097 and 30244. These statutes require reasonable October 3, 2022
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mitigation of adverse impacts to paleontological resources resulting from a project. Stantec’s paleontological resources assessment will be conducted to the standards of the Society of Vertebrate Paleontology (SVP) and include the following tasks: A) Paleontological Resources Assessment; B) Technical Report; and C) Paleontological Resources Section. This scope of work is designed to address the CEQA Appendix G question, “Will the proposed project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?” The paleontological resources assessment will consist of an analysis of existing data, assessment of paleontological potential, and recommendations. The analysis of existing data will consist of a review of the relevant scientific literature and geologic mapping, as well as the results of a museum records search of the collections of the Natural History Museum of Los Angeles County (NHMLA). This background research will be used to identify the geologic units present at the surface or in the subsurface within the City and collect information regarding their lithology and if they have a history of preserving paleontological resources.

Stantec will use the results of the analysis of existing data to assign paleontological potential rankings of the SVP to the geologic units present in the City at the surface and in the subsurface. Should any high potential units be present, Stantec will develop recommendations that conform to the guidelines of the SVP (2010) and industry best practices (e.g., Murphy et al. 2019) for avoiding impacts to any paleontological resources that might be present for future projects in Seal Beach.

Stantec will prepare a paleontological resources technical report (PRTR) that addresses the findings of the study and assessments and will provide recommendations for mitigation activities.

Deliverable:
• Draft and Final Paleontological Resources Technical Report: electronic copy (Word and PDF) Assumptions:
• Stantec will revise the draft technical report based upon one round of City comments. • Record search fees are set by the NHMLA and estimated assuming the project intersects two USGS 7.5-minute topographic quadrangle and will not require expedited processing time. • It is assumed that a paleontological resources field survey will not be necessary. Should the project change such that a survey is necessary, additional costs for this will be incurred. • City of Seal Beach will provide Stantec with GIS shapefiles of the project area and any existing reports that are relevant, such as geotechnical studies or previous paleontological studies, once the Notice to Proceed is approved. Stantec will require 90 days from the receipt of these materials to complete the study.

Task 2f: Traffic Impact Assessment
Stantec will evaluate the project’s impact on transportation, including an analysis of vehicle miles traveled (VMT). The analysis will address CEQA Guidelines regarding the analysis of transportation impacts where VMT is recognized as the most appropriate metric to evaluate a project’s transportation impact. The Governor’s Office of Planning and Research (OPR) has provided a Technical Advisory (December 2018) that recommends specific VMT significance thresholds that may constitute a significant transportation impact and lead agencies have the discretion to set or apply their own thresholds of significance. OPR October 3, 2022
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recommends use of a per-capita measurement of VMT for CEQA analysis based on average VMT per resident for evaluation of residential development. The City of Seal Beach has similarly adopted thresholds of significance consistent with the OPR recommendation. Certain types of development, such as development within a one-half-mile of an existing major transit stop can generally be presumed to have a less than significant impact.

The proposed project would change the City’s zoning code to allow for additional residential development at certain locations throughout the City. In accordance with the City’s VMT guidelines, we will use the Orange County Transportation Analysis Model (OCTAM), or another similar model as approved by the City Engineer, to evaluate the project’s impact on VMT. The location of potential additional dwelling units will be based on information to be provided by the City. The proposed project and up to three (3) alternatives will be analyzed. Significant impacts will be identified in accordance with the methodology outlined in the City’s VMT guidelines. If the proposed project exceeds the VMT thresholds of significance, VMT reducing mitigation measures will be identified.

In addition to the CEQA analysis described above, we will prepare an assessment of the project’s effect on the City’s roadway system. The analysis will be based on average daily traffic (ADT) volumes and includes the collection of traffic counts at up to 12 key roadway segments in the City. Traffic volume forecasts prepared using OCTAM will be incrementally added to the traffic counts to derive future conditions with the project and alternatives. The findings from the analysis will be provided in a stand-alone technical report separate from the CEQA analysis.

Deliverable:
• The transportation assessment will be wholly contained within the Transportation section of the Program EIR, and all relevant data and calculations will be an appendix to the CEQA Document. • The roadway ADT assessment will be provided in a stand-alone technical memorandum.

Assumptions:
• Intersection level of service (LOS) analysis will not be required for the Project. • These items are specifically excluded from this scope of work: Traffic counts, LOS analysis, site circulation and access analysis, and parking studies.

Task 2g: Water Supply Assessment
Stantec will prepare a Water Supply Assessment to support the City’s Program EIR for their General Plan Zoning Code Updates. The California Water Code requires projects meeting specific criteria to consider the available water supply and demand as part of the CEQA analysis. These requirements were added in 2001 with the passage of Senate Bill (SB) 610 and companion SB 221 legislation, and further modified with the passage of SB 1262, which provides a link to SB 610 and SB 221 and the Sustainable Groundwater Management Act of 2014, which was comprised of a three-bill legislative package including AB 1739, SB 1168 and SB 1319. Stantec will consider the available information regarding the water supplies available to serve the project and compare this information against an assessment of the estimated water demand. This analysis will be presented in a technical report that summarizes the results for use in the EIR.

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Deliverable:
• Draft Water Supply Assessment, 6 weeks after notice to proceed • Final Water Supply Assessment Response, 3 weeks after receipt of a single set of consolidated comments on the draft
Assumptions:
• City will provide Stantec with all available documents for background research. • Development of new estimates of existing water supply and demand will not be required. • All information necessary to determine future water supply and demand is readily available (e.g., water entitlement contracts, Groundwater Sustainability Plan, City water supply sources and quantities and projected water demands).
• Proposed water duty factors for estimating future demands for scenarios will be provided by City. • Projected increases in groundwater extractions for the project, if any, will be part of a planned groundwater banking and water quality management program and will not lead to a long-term condition of overdraft.
• Information is readily available regarding any additional groundwater wells that will be developed, or capital works project (e.g., water treatment facilities) that will be constructed and in operation in time for the distribution of the water necessary to meet the needs of the Project. • No additional hydraulic or hydrologic analysis is required.

Task 3: Initial Study and Scoping Meeting
Task 3a: Initial Study and Notice of Preparation
Based on the information provided by the City, discussions with City staff, and Stantec’s understanding of the Project to date, the preparation of a Program EIR, is warranted. The Program EIR would evaluate the potential impacts of the Project, addressing the comprehensive range of environmental topics in accordance with the most recent update of Appendix G of the CEQA Guidelines. Stantec further assumes that the City is the CEQA Lead Agency, having primary responsibility for Project approval. The Initial Study will consist of an of potential environmental impacts that could occur as a result of Project implementation, which will be presented for each resource area. Impacts will be assessed and described, and significance of impacts will be measured against criteria that have been established by regulation, accepted standards, or other definable criteria. Information sources will be cited. The Initial Study will specifically evaluate the following environmental factors:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report • Utilities and Service Systems • Wildfire
The Initial Study will also include Mandatory Findings of Significance, Stantec will evaluate the Project’s potential to substantially degrade the quality of the environment, if it will have individually limited but cumulatively considerable impacts, and of the Project will have substantial adverse effects on human beings, either directly or indirectly. Impacts areas will be briefly summarized, and cumulative Project-related impacts will be evaluated qualitatively.

Through the Initial Study process, the Program EIR would be able to scope out obvious topics that would not require further evaluation in the EIR. At this time, Stantec assumes that topics such as Agriculture and Forestry Resources, Mineral Resources, and Wildfire will not require further evaluation in the EIR, an addition to several other subsections of environmental impact topics.

Stantec will also prepare the Notice of Preparation (NOP), in compliance with City and CEQA requirements, in order for the City to upload to the State Clearinghouse website, submit to the Orange County Clerk Registrar, and distribute to the public.

Task 3b: Scoping Meeting
Pursuant to the Public Resources Code Section 21083.9, a public scoping meeting, help in an open house format, will be held during the NOP comment period to gather public and agency comments on the scope of the Program EIR, approximately halfway through the NOP 30-day review period. Stantec will attend the scoping meeting and assist the City in responding to questions regarding the environmental compliance process/content of the EIR that might be raised by agency representatives and other interested parties, as well as identify resource areas that should be removed from the scope of the Program EIR. Based on City input, any comments from the public should be provided on comment cards or otherwise submitted in writing to City staff. Within one week of the Scoping Meeting, Stantec will provide the City with an electronic summary of comments received at the meeting. Stantec will assist in compiling a list of all the NOP comments as necessary.

Deliverables
• Preparation of Draft and Public Review Initial Study (electronic) • Preparation of Draft and Final NOP for Public Review (electronic) • In-person attendance at Scoping Meeting by up to two (2) Stantec staff • Consolidated electronic summary of comments received
Assumptions
• Any changes to the Project Description after it has been approved by the City could result in changes to the environmental analysis in the Initial Study. Resulting revisions would be considered out of scope.
• One consolidated set of comments on the Initial Study would be provided by the Project Team. • One consolidated set of comments on the Initial Study would be provided by the City and their team.

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report • The City would be responsible for development of mailing lists, all printing and mailing, and physical placement of the NOP at the appropriate public repository, as well as publication in the local newspaper.
• The City would be responsible for uploading NOP to State Clearinghouse website. • The City would be responsible for submitting NOP to County Clerk/Recorder. • No translation or stenography services would be required at the Scoping Meeting.

Task 4: Prepare Administrative Draft, Screencheck, and Public Draft Program EIR
Stantec will prepare the Administrative Draft Program EIR under this task, which will include a description of the Project, supporting map(s) showing the Project area and identified candidate sites, a list of Project objectives, and the probable environmental effects of the Project based on criteria contained in CEQA Guidelines.

The Program EIR will evaluate the potential Project impacts on the resource areas covered under CEQA following the Environmental Checklist, Appendix G of the 2022 CEQA Guidelines. Our team will compile all sections of the document, including figures and appendices, and willconduct a thorough internal senior review by the project manager, QA/QC review, and editorial review to ensure an appropriate level of technical content, readability, and consistency prior to submittal to the City for review.

The Administrative Draft Program EIR will be prepared for the City. Stantec will then use the Administrative Draft Program EIR to develop the Screencheck Draft and ultimately the Public Draft Program EIR. While all resources will be analyzed in the Program EIR, per CEQA Guidelines, the following discussions highlight the resource considerations that we anticipate being critical to the Project:

Aesthetics
This section of the Program EIR will provide an overarching review of visual resources in the Project vicinity and the potential for visual impacts to occur as a result of Project implementation. The City’s General Plan will be used to determine the local significance of the area’s visual character. The candidate rezone sites are currently developed with various uses, and development of the Project could potentially affect the aesthetic character or quality of the existing visual environment. The potential visual resource impacts of the Project will be evaluated, and Stantec will utilize the information available to evaluate the potential visual and aesthetic impacts of the Project at a program level.

Air Quality and Greenhouse Gas Emissions
Stantec will provide an air quality and greenhouse gas assessment to support the CEQA document, as described under Task 2a above. The analysis will be wholly contained within the air quality and greenhouse gas sections of the Program EIR, with supporting documentation and modeling provided as an appendix.

The analysis will respond to the CEQA Guidelines Appendix G Checklist Questions for Air Quality and Greenhouse Gases.

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Biological Resources
This section of the Program EIR will address the biological resources in the Project vicinity and the potential for biological resources impacts to occur as a result of Project implementation, as described under Task 2b above. The analysis will be wholly contained within the biological resources section of the EIR document with the supporting technical studies provided as an appendix to the EIR.

Cultural Resources and Built Environment
Stantec will provide cultural resources support for archaeology and the built environment of the Program EIR, based on the evaluations described under Task 2c above. The analysis will be wholly contained within the cultural resources and tribal cultural resources sections of the Program EIR, with technical memos included as appendices to the Program EIR. This scope of work is not intended to comply with Section 106 of the National Historic Preservation Act (NHPA) and Section 15064.5(a) (2)(3) of CEQA.

Energy
Stantec will determine potential energy use of the Project and the potential increases associated with Project implementation, consistent with modeling conducted for air quality and greenhouse gas emissions, as described under Task 2a above, to determine whether Project implementation would result in wasteful or inefficient use of energy.

Geology and Soils
The most important geologic hazard that could affect the Project is the risk to life and property from a large earthquake through either severe ground shaking, ground rupture, or liquefaction, especially due to the coastal location of City. In addition, soils with a high shrink-swell potential could create substantial risks to life or property. Project implementation could also result in substantial soil erosion. As the discussion of paleontological resources is now included in the Geology and Soils impact analysis of the CEQA Appendix G Checklist. Stantec will include an evaluation of potential impacts to Paleontological Resources based on the report as described in Task 2e. Stantec’s approach to development of Geology and Soils section of the EIR will include the following:
• Mapping and locating known active fault zones in the Project area. • Identify soil types and characteristics such as shrink-swell potential and unstable soil conditions. • Description of physiographic and topographic setting. • Description of local geology.
• If geologic hazards are located within the Project area, a description of their significance and a description of how the Project would affect them.
• Since future Project implementation would be performed according to the applicable building codes, which incorporate measures to ensure adequate building design in the event of earthquakes and unstable soils, there is not likely to be a significant Project-related impact associated with geologic hazards. Potential soil erosion and loss of topsoil will also be evaluated.

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report • Incorporate findings of the Paleontological Resources Study. A significance analysis would be based on the California Register of Historical Resources eligibility criteria, or the National Register of Historic Places eligibility criteria, as appropriate.

Hazards and Hazardous Materials
Stantec will prepare the hazards and hazardous materials section of the Program EIR utilizing publicly available documentation, including data from the Department of Toxic Substances Control, Regional Board, and other regulatory agencies to determine the potential for encountering hazardous wastes within the Project area. A policy consistency review will be conducted to determine consistency with the Airport Environs Land Use Plan and relevant federal resources related to hazards associated with proximity to the Joint Forces Training Base.

Hydrology and Water Quality
Water resources issues addressed by Stantec staff will holistically evaluate include the following: water discharge, water quality degradation, alteration of drainage patterns and flooding hazards. During evaluation of water resources issues, Stantec will rely upon publicly available information to incorporate the following elements into this section of the EIR:
• A narrative discussion and graphic identification of surface and groundwater bodies in the Project area including known beneficial uses
• Identification of local and regional drainage characteristics, including representative flood studies and FEMA Flood Insurance Maps
• Evaluation of the potential for fill of waters of the United States, streambed alterations, and waterquality changes resulting from construction and operation • Evaluation of the potential for channel erosion or stream sedimentation. • Stormwater runoff and evaluation of the potential for water quality degradation.

Land Use and Planning
Stantec understands that the Project seeks to rezone parcels in various locations throughout the City, thereby requiring a General Plan Amendment. Existing conditions will be reviewed by Stantec, including a determination of current zoning site zoning and an examination of local land use plans and policies to determine Project consistency. The Program EIR’s evaluation of land use will rely upon data from the most updated Housing Element and General Plan. Existing surrounding land uses will be identified and described to determine land use compatibility and to identify potential conflicts that could occur during future Project construction or operation. In evaluating land use issues, Stantec will consider the consistency/compliance of the Project with federal, state, regional, and local land use plans and regulations, as well as the Project’s compatibility with the existing and planned land uses in the vicinity.

Noise
Stantec will provide a noise impact assessment to support the Program EIR, as described under Task 2d above. The noise analysis will be contained within the noise section of the EIR with the supporting October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report documentation and analyses provided as an appendix to the EIR, as required. Data will be evaluated for anticipated noise during and post-construction of the Project. The noise section will include an analysis of the construction and operational noise expected from the Project.

Population and Housing
Project implementation would result in growth related to population and housing; however, Stantec will evaluate the population and housing in the surrounding area, as well as projected growth plans regionally, in Orange County and the City. Stantec will identify the increase in population or housing requirements that could result from Project implementation and will evaluate the significance of any increases. Stantec will include the following elements in this section of the EIR:
• Population and demographic characteristics and trends, as identified by the Southern California Association of Governments (SCAG).
• Estimates of Project construction and operation labor force requirements. • Significance of the Project on population and housing with respect to dividing existing communities or displacing existing residents.

Public Services
Stantec will use the most recent data available and contact relevant service providers to provide a description of existing City community services, including police and fire protection and schools. We will provide a description of potential impacts to existing conditions and services resulting from Project implementation.

Transportation
Using the transportation impact analysis prepared for the Project, as described above in Task 2f, a determination of Project impacts will be made using the City’s preferred capacity analysis methodology.

Impacts will be evaluated for an Existing-plus-Project scenario and for a Cumulative Conditions scenario based on cumulative Project information to be provided by the City. An evaluation of site access, including an assessment of on-site queuing, will be prepared. Mitigation measures for each identified significant impact will be investigated and identified, where feasible. The findings of the traffic study will be documented in a stand-alone traffic study with supporting documentation as attachments.

Tribal Cultural Resources
Stantec will provide an overview of the AB 52 process undertaken by the City, including the outcome of any requested tribal government consultation. Stantec will assist the City with outreach required under AB 52 to the City’s most current list of tribal governments to notify them regarding the Project and solicit their input, as described under Task 2c above. An evaluation of any identified tribal cultural resources or properties that were disclosed as part of the AB 52 process will be provided.

Stantec’s approach to the evaluation of tribal cultural resources will include the following:

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report • An overview AB 52 notification activities.
• A summary of efforts to discover any tribal cultural resources in the Project vicinity. • A summary of the results of AB 52 tribal responses and analysis of consultation outcomes.

Utilities and Service Systems
This section of the EIR will address potential effects related to the availability and capacity of utilities and services. Utilities and services that will be addressed include sewer service, water service, and solid waste collection and disposal. This section will discuss whether any of these services or facilities is below adopted standards, or near or beyond their capacity to adequately serve future Projects. Particular attention will be given to water demands that will result from long-term operation of the Project. A Water Supply Assessment (WSA), pursuant to SB 610, will be required for the Project, as provided in Task 2g above An analysis of impacts that could occur as a result of Project implementation will be presented for each element of the natural and built environment. Baseline conditions will be qualitatively and quantitatively described. The boundaries of the affected environment will be established by definable geographic units such as airshed, watershed, viewshed, and socio-political boundaries. Impacts will be qualitatively and quantitatively assessed and described, as appropriate. Significance of impacts will be measured against criteria that have been established by regulation, accepted standards, or other definable criteria.

Information sources will be cited.

Wildfire
Stantec has confirmed that the City is not located in a State Responsibility Area, a Local Responsibility Area, or on lands classified as very high fire hazard severity zones, as designated by CALFIRE. Stantec will qualitatively address wildfire risk in the Initial Study, due to the sensitivity of this topic, and then this topic will be scoped out of the Program EIR.

Administrative Draft and Screencheck EIR
After receipt of public comments after circulation of the NOP and the Scoping Meeting, the Project Description will be finalized to reflect the most up-to-date and final version of the proposed Project for preparation of a legally defensible Program EIR. Any topics scoped out during the Initial Study and scoping process will not be evaluated further in the Program EIR. The final Project Description will include intended uses of the Program EIR (as required by Section 15124(d) of the CEQA Guidelines), including a list of related projects, responsible and other agencies expected to use the Program EIR in decision-making, and a list of approvals for which the Program EIR will be used.

Stantec will work closely with City to craft three (3) alternatives (No Project, and two additional alternatives) for the Project; particularly those needed to address any potential unavoidable and significant impacts associated with Project implementation. Stantec will also ask the City for any alternatives already considered. The alternatives analysis will provide a sufficient level of detail to allow decision makers to gain a greater understanding of all alternatives should a determination be rendered to support an alternative development scenario. The alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA. All impacts in the alternative’s analysis will be considered at October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report a qualitative level. Alternatives could potentially include the following: no project; a reduced or increased residential density alternative; or a consideration of alternate sites.

Stantec will describe the reasonably foreseeable projects within a City-approved study area that may result in cumulative impacts associated with Project implementation. Cumulative or related projects are often defined as projects constructed, but not occupied; projects approved, but not constructed; or pending projects for which pre-filing or filing of an application has occurred. However, the evaluation area for cumulative impacts would vary dependent upon the technical issue to be addressed. Findings of recent court cases will be used to address all pertinent issues. Cumulative projects will be discussed for each technical issue. The potential for impacts and levels of significance are contingent upon the radius or area of interaction with the Project locations.

Stantec will prepare and submit one electronic copy (MS Word) of the Administrative Draft Program EIR for the City and its team to review. It is assumed that the City’s legal counsel would review and provide one set of consolidated comments, as would the separate review conducted by the City, on the Administrative Draft Program EIR. Upon receipt of the Program EIR comments, from both legal review and City review, Stantec will make necessary revisions and prepare and submit one electronic copy of the Screencheck Program EIR to the City. It is assumed that comments on the Screencheck Draft Program EIR will be minimal.

Deliverables:
• Administrative Draft Program EIR – City Review: one electronic copy (MS Word) • Administrative Draft Program EIR – Legal Review: one electronic copy (MS Word) • Screencheck Draft Program EIR: one electronic copy (MS Word) Public Draft EIR
After implementation of Screencheck comments, Stantec will prepare the Public Draft Program EIR. This is the version of the document which will be circulated to the public and agencies, posted on the City’s website, and sent to the State Clearinghouse. Stantec assumes that the City will prepare all public notices, newspaper notices, citizen mailings, etc., as well as planning and coordination of any public meetings. It is assumed that the City will be responsible for further distribution of the EIR as required by law.

Deliverables:
• Electronic copy of the Draft Program EIR for City submittal to the State Clearinghouse • Preparation of the electronic State Clearinghouse Summary Form for City submittal to the State Clearinghouse
Task 5: Final EIR
Administrative Draft Final EIR
The City will compile and transmit to Stantec all written and emailed comments received on the Draft Program EIR. Stantec will confer with City staff to review written comments on the Draft Program EIR to October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report develop a general framework and strategies for preparation of responses. We will prepare thorough, reasoned, and sensitive written responses to relevant environmental issues. Master topical responses will be used to the extent possible.

Written comments on the Draft Program EIR received during the public review period are included in this section. Comments may vary from simple form letters to complex legal letters. Every comment letter is identified, followed by a tailored written response. When a comment is made by multiple parties, the response is provided the first time the comment is made, and all other similar comments are referred back to that response.

The format of the responses to all the comments is based on a unique letter and number code for each comment. The letter and number immediately following the letter refer to an individual agency, business, group, organization, or member of the general public comment. The number at the end of the code refers to a specific comment within the individual letter. Therefore, each comment has a unique code assignment.

For example, comment A-1 is the first comment in letter A.

Comments received would be reviewed to determine whether there is substantial disagreement about the potential significance of impacts. Any issues raised concerning potentially significant impacts would be reviewed, addressed, and clarified. It is assumed that responses to comments will not exceed the lesser of 50 comment letters or 100 individual comments.

Final EIR
The City will provide the responses to comments to the applicable agencies at least 10 days prior to the public hearing. The Final Notice of Decision (NOD) is assumed to be filed with the County Clerk within five (5) working days of Project approval. We assume that the City will provide the funds necessary for all filing fees at the time of filing the NOD.

The Final Program EIR will contain the following chapters and items:
• Introduction and Overview of Draft and Final EIR Process • Errata or Changes to the Draft Program EIR
• Index to Comments and Responses
• Each comment letter with individual comments bracketed and numbered followed by response to comments
Mitigation Monitoring and Reporting Program
Stantec will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code section 21081.6. The MMRP will be designed to ensure compliance with adopted mitigation requirements during project implementation. In coordination with City staff, we will prepare the MMRP for mitigation measures that address significant impacts. After review and comment from the City on the Draft MMRP, we will revise the MMRP and will submit the Final MMRP with the submittal of the Final Program EIR.

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report CEQA Findings
Stantec will draft written findings for each of the significant effects identified in the Program EIR, pursuant to Sections 15091 and 15093 of the State CEQA Guidelines. A Statement of Overriding Considerations will be prepared for all potentially significant impacts that would not be avoided or substantially reduced to a less than significant level. Stantec assumes that the efforts related to the Findings task will take no more than 50 labor hours.

Deliverables:
• Preparation of Draft and Final EIR, including Errata, Responses to Comments and MMRP (electronic)
• Preparation of Draft and Final NOD for Public Review (electronic) • Preparation of CEQA Findings for City (electronic)
Assumptions:
• The City would be responsible for physical placement of the NOD at a library (or other selected repository) and City Hall, as well as publication of notices in the local newspaper • The City would be responsible to upload the NOD to the State Clearinghouse website (electronic) • The City would submit the NOD to the County Clerk/Recorder • Compilation of the complete administrative record is not included in this scope of work and can be prepared for a separate scope and fee.

Task 6: Project Management and Public Hearings
Task 6a: Project Management and Coordination
Stantec will manage the preparation of the Initial Study and Program EIR and maintain close communication with City staff and Project team members. This task is intended to ensure the Project is running on time and within budget and is technically correct and legally defensible. Our Project Manager will provide management liaison among the Project team and City staff for communication of issues, transmittal of comments, financial management (i.e., invoices), and other Project Management matters. Project Management for the Program EIR process will be carried out in accordance with Stantec’s rigorous Project Management program. This is one of the benefits of having the document prepared by a single firm.

Stantec will attend up to ten (10) meetings with the City and their team. The Stantec management team will coordinate with the City on needs for the meetings including logistics, materials, and proposed agenda. The Project Manager and up to three (3) members of the Stantec team will attend these meetings.

Task 6b: Planning Commission and City Council Meetings
Stantec has extensive experience in public outreach programs and scoping, including public participation programs and public hearings. We will be present at public meetings and hearings to develop an October 3, 2022
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report understanding of the public’s comments and concerns, be available to answer questions on environmental issues, and make presentations on the Program EIR.

Deliverable:
• Participation in up to a total of 10 one-hour meetings during the Initial Study and EIR review process.
• Public Hearings—Stantec will attend up to five (5) public hearings (likely two Planning Commission, two City Council and one Environmental Committee), with up to three (3) Stantec staff members.

Assumptions:
• The City will coordinate logistics and advertising for the hearings, including venue selection, and arrange for all necessary equipment and/or special services (i.e., stenography or translation services).

The cost estimate includes attendance by Christine and up to two (2) additional Stantec team members at the programmed meetings summarized below.
• Early Consultation Meeting—Stantec will attend one (1) Project kick-off meeting with City staff and the Project team to review the project description, discuss critical Project items, and identify any known data or information gaps required to prepare the Program EIR. • EIR Review Meeting—Stantec will review City comments before coordinating review meetings to address any comments on the Administrative Draft Program EIR. • Public Meetings and/or Hearings—Stantec will attend up to five (5) public meetings and/or hearings, which may include the City's Environmental Quality Control Board, Planning Commission, and/or City Council with up to three (3) Stantec staff members. • Additional meetings will be reimbursed at a cost of $2,500 per meeting for Christine and an additional Stantec team member to attend, with prior written authorization by the City.

SCHEDULE
The following is the proposed work schedule for the City’s General Plan Zoning Codes Update Project Program EIR, assuming authorization is received by January 1, 2023. It assumes that the Project Team and the City would provide timely feedback and comments on deliverables received. Stantec will work with City on finalizing this schedule during the initial Project kick off meeting, as the City may need more time for review periods.

Work Product / Milestone
Estimated
Completion
(Weeks)
Contract Awarded Week 1
Project Initiation Meeting; Receipt of Approved Project Plans, and all Background Information. Week 3
Draft Project Description for City Review Week 5
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Work Product / Milestone
Estimated
Completion
(Weeks)
Receive Comments from City Week 7
Submit Draft Initial Study and NOP for City Review Week 8 Revise Draft Initial Study and NOP after City Review Weeks 10 Stantec Submits Initial Study and NOP to City Week 11
Issue NOP for 30-day Review Period Weeks 12-16
Notice to Tribes – 30 days to request consultation (City action) Week 11 EIR Scoping Meeting Week 14
NOP (Comment Period) and AB 52 Request for Consultation Period Ends Weeks 16 City begins consultation 30 days after Tribes request to consult (City action) Week 17 Submit Administrative Draft Program EIR to City Weeks 18-24 Revise Administrative Draft Program EIR after City Review Weeks 25-27 Submit Screencheck Draft Program EIR to the City Week 28 Revise Screencheck Draft Program EIR after City Review Weeks 30-32 Prepare Public Draft Program EIR for Public Review Week 33 Distribute Public Draft Program EIR (45-day review period) Weeks 34-41 End of Public Review Period and Receipt of Public Comments from the City Week 42 Submit Admin Final Program EIR and Admin MMRP to City Weeks 43-45 Revised Admin Final Program EIR and Admin MMRP after City Review Weeks 46-48 Submit Final EIR, Final MMRP, Final NOD, Draft Findings and Statement of Overriding Considerations to the City Week 49
Submit Final Findings and Statement of Overriding Considerations to the City Week 50 Public Hearings (Planning Commission) TBD
Public Hearings (City Council) TBD
5 COST ESTIMATE
The cost estimate for preparing the EIR documentation in accordance with CEQA is shown below. The cost reflects the scope of work described herein, travel, and associated expenses. Should less meetings or inperson participation at meetings/hearings be required, direct costs would be reduced below the estimates presented below.

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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Task Budget
Task 1: Project Initiation and Project Description $15,918 Task 2: Preparation of Technical Studies
Task 2a: Air Quality, Energy and Greenhouse Gas Study and Health Risk Assessment Report $21,815 Task 2b: Biological Resources Assessment $18,905
Task 2c: Cultural and Tribal Resources Assessment $42,332 Task 2d: Noise Impact Assessment $3,328
Task 2e: Paleontological Resources Technical Report $8,944 Task 2f: Traffic Impact Assessment $22,790
Task 2g: Water Supply Assessment $36,336
Task 3: Initial Study and Scoping Meeting $25,648
Task 4: Prepare Administrative Draft, Screencheck and Public Draft Program EIR $103,174 Task 5: Final Program EIR, MMRP, and CEQA Findings $34,3244 Task 6: Project Management and Public Hearings $45,510
Stantec Labor Subtotal $379,024
Direct Costs, Records Searches, Mileage and Reimbursable Fees $13,230 Total Estimated Fee $392,254
Assumptions and Disclaimers
Additional assumptions used in determining the above Project schedule and cost estimate are provided below:

Scope Assumptions
This scope of work is considered preliminary and interim in nature. More specifically, it may be subject to revisions based upon feedback from the City’s review of our proposal. Printing, mailing, physical noticing, event coordination and venue planning are not included in this scope of work.

City-Review Assumptions
The cost estimate assumes that the City will conduct a three-week review of the Administrative Draft Program EIR, and a two-week review of the Screencheck Draft Program EIR, resulting in the approximately 50-week Project schedule presented above. Should the City determine that they require additional time for their review the schedule will change or additional rounds of revisions, then additional budget may be required. It is assumed that the City will provide one consolidated set of comments on each deliverable noted in this scope of work
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Reference: Proposal to Prepare the City of Seal Beach General Plan Zoning Code Updates Project Program Environmental Impact Report Schedule Assumptions
• Stantec will receive approved Project Description and construction plans, Project-related information, base maps, and any technical reports and water/sewer/stormwater capacity calculations.
• The periods shown in the schedule assume a set amount of time for the City’s review of each submittal. If review schedules change, the elapsed time of other tasks will be maintained. • All data resources will be deemed adequate by the City when provided to Stantec for use in the Program EIR.

As we are all aware, we are all working in unprecedented times as a result of the COVID-19 pandemic. The situation is a very fluid one. Our proposal is based on what we understand as of today but may change as conditions change. We would be pleased to have a further discussion with you to share our respective plans and efforts to help manage and mitigate the impact of this evolving situation on your contract.

Regards,
Stantec Consulting Services Inc.

Christine Abraham
Principal Planner
Phone: 323-363-6834
[email protected]
Trevor Macenski
Senior Principal
Phone: 916-508-4170
[email protected]
stantec.com

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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.

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.

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

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

Seal Beach City CouncilMarch 13, 2023

Seal Beach City Council
March 13, 2023