Agenda packet — Seal Beach City Council, August 14, 2023 (part 1 of 2)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, August 14, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

THOMAS MOORE
MAYOR
Second District

SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District

JOE KALMICK
COUNCIL MEMBER
First District

LISA LANDAU
COUNCIL MEMBER
Third District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).

In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

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

PRESENTATIONS / RECOGNITIONS
• Introduction of New Full-Time Employees
• 811 Announcement – August Safety Message Presentation by Orange County Fire Authority Division 1 Chief Craig Covey

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.

Supplemental Communications from Mayor Pro Tem Sustarsic Written Public Comments received from Camilla Overbeek
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

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

COUNCIL ITEMS
A. City Council Appointments to the Citizen-Council Parking Advisory Ad Hoc Committee - It is recommended that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor ProTem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore. In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce.

B. Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference - That the City Council approve the designation of Mayor Thomas Moore and Mayor Pro Tem Schelly Sustarsic as Seal Beach’s voting delegates for the 2023 League of California Cities Annual Conference.

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

C. Approval of the July 24, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023.

D. Demands on City Treasury (Fiscal Year 2024) August 14, 2023 - Ratification.

E. Monthly Investment Report (July 31, 2023) - Receive and file.

F. Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation for On-Call Asphalt Maintenance and Repair Services - That the City Council adopt Resolution 7433:

Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not-to-exceed amount of $330,000 to provide On-Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not-to-exceed amount of $250,000 per additional one-year term.

G. Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC) - That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC).

This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves.

H. Law Enforcement ISO ClaimSearch Access Memorandum of Understanding - That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding.

I. Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape Services, Inc. for City-Wide Landscape Maintenance Services; and Approving and Authorizing Amendment No. 2 to the Public Works Agreement with So Cal Land Maintenance, Inc. for Landscape Maintenance - That the City Council adopt Resolution 7436: Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not-to-exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three-year term; and, Authorizing and directing the City Manager to execute the Agreement; and, Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $848,020.57 per additional term; and, Rejecting all other proposals; and,Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not-to-exceed amount of $60,000 for those additional services; and,Authorizing the City Manager to execute Amendment No. 2.

J. Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7437: Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and, Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,035,500, including the Total Base Bid of $1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and, Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and, Authorizing the City Manager to approve additional work requests up to $150,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $250,000.

K. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services - That the City Council adopt Resolution 7438: 1.

Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not-to-exceed amount of $125,000; and, 2. Authorizing and directing the City Manager to execute the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
L. Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements - That the City Council: 1.Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve ZoneText Amendment 23-1 for ADUs and JADUs; and, 2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act.

UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None

ADJOURNMENT
Adjourn the City Council in memory of Cal Fire Assistant Chief Josh Bischof, Hemet Ryan Air Attack Base Fire Captain Tim Rodriguez and Exclusive Use helicopter pilot Tony Sousa who died on Sunday, August 6, 2023 after two Cal Fire helicopters collided in midair; and, Garden Grove Police Corporal Han Cho, who died in an off-duty traffic collision on Monday, August 7, 2023, to Monday, September 11, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary. Please note that the August 28, 2023, City Council Meeting is canceled.

Click to edit Master title style
1 Introduction of New Full
Time Employees
A u g u s t 1 4 . 2 0 2 3
P a t r i c k G a l l e g o s , A s s i s t a n t C i t y M a n a g e r Click to edit Master title style
2 Police Department
2 Landon Ball
Senior Community Services Officer
Click to edit Master title style
3 Police Department
3 Ruth Rivera
Senior Community Services Officer
Click to edit Master title style
4 Thank You!
OCFA
Craig Covey
OCFA Division 1
Gas Line Safety
OCFA
MARK OUT your proposed project area in white paint or
provide other suitable markings.

CONTACT Underground Service Alert at california811.org
or call 811 to submit a location request at least two
business days before digging.

WAIT TO DIG until we either mark our natural gas pipelines or you are advised that the area is clear.

Learn more at
socalgas.com/811
©2022 Southern California Gas Company. Trademarks are property of their respective owners. All copyright and trademark rights reserved. N22G149A Contact 811 Before You Dig
to have Buried Utility Lines Marked
MARQUE el área de excavación propuesta. Use pintura blanca o ponga otras marcas adecuadas.

CONTACTE al servicio de localización Underground Service Alert en línea visitando la página california811.org o llame al 811 para presentar una solicitud de localización, por lo menos dos días hábiles antes de excavar.

ESPERE A EXCAVAR hasta que marquemos nuestras tuberías
de gas natural o se le notifique que el área está despejada.

Contacte Al 811 Antes de Excavar
para que las Empresas de Servicios Públicos Marquen
la Localización de Todas las Líneas Subterráneas.

Para más información, visite
socalgas.com/contacte811
©2022 Southern California Gas Company. Las marcas registradas son propiedad de sus respectivos dueños. Todos los derechos reservados. N22G149A Questions for August 14, 2023 City Council Meeting Sustarsic Warrants:

EFT # 2663 07/21/23 Hadronex Inc $18,503.78
Smartcover System Annual Renewal – Sew
What is this for?
SmartCover System is a sewer manhole monitoring system used to measure wastewater flow. It provides real-time monitoring and alerts staff if flows exceed certain setpoints, thereby, reducing overflow potential. This is an annual subscription payment.

EFT # 2664 07/21/23 AMCS Group Inc $ 1,827.15
Dossier DoD 7/1/23-9/30/23
What is this for?
Dossier is the City’s fleet management software. This is an annual subscription payment.

EFT # 2698 07/21/23 Seal Beach Pickleball Association $ 3,923.00 Three events?
What are these funds for?
These were payments for the Seal Beach Pickleball Association for 1 event and 2 leagues that recently took place at Seal Beach Tennis and Pickleball Center (Dink N Spring, Summer Smash, Dink N Smash night league). Per the City’s MOU with the non-profit partner, Seal Beach Pickleball Association (SBPA), the non-profit receives 90% of revenue generated from events that they organize and produce.
#27367 07/20/23 Richard C. Slade & Associates LLC $ 5,977.22 Geologist services
What is this for?
Payment is for Richard C. Slade & Associations to provide hydrogeological services to rehabilitate Beverly Manor water well.

Agenda Item A

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City Council Appointments to the Citizen-Council Parking Advisory Ad Hoc Committee
________________________________________________________________ SUMMARY OF REQUEST:

It is recommended that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:
1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele, 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed by Mayor Moore.

In addition to the citizen appointments above, the CCPA Ad Hoc Committee will include Council Members: Mayor Moore and Council Member Kalmick, City Manager Ingram or her designees, and Main Street business owner Rob Jahncke appointed by the Seal Beach Chamber of Commerce.

BACKGROUND AND ANALYSIS:

At the request of Mayor Moore, staff was directed to agendize a Council item for the June 12, 2023, City Council Meeting to consider the establishment of an ad hoc committee to analyze potential changes to the City’s parking program, including whether or not to establish paid parking on Main Street. The item was continued to the June 26, 2023, City Council meeting, where the Council directed staff to move forward with the establishment of a Citizen-Council Parking Advisory Ad Hoc Committee. The City Council further directed staff to return with a resolution at its July 24, 2023, meeting to memorialize the creation of the CitizenCouncil Parking Advisory Ad Hoc Committee, which it approved.

The CCPA Ad Hoc Committee will be comprised of five (5) Seal Beach residents selected by each Council Member, Mayor Moore, and Council Member Kalmick, one Main Street business owner appointed by the Seal Beach Chamber of Commerce, and the City Manager or her designees. The residents appointed by

Page 2 ends

each Council Member were not required to be from their respective Council District.

Each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) Committee Members may not be City of Seal Beach elected officials or City employees; other than those designated by the City Council and the City Manager.

The Clerk’s office received applications through the close of business, on Friday, August 4, 2023. A total of 12 applications were received for consideration. The City Council independently reviewed the applications, and each Council Member has appointed one of the five (5) Committee Members to the CCPA Ad Hoc Committee.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

It is recommended that the City Council ratify the resident appointments to the Citizen-Council Parking Advisory (CCPA) Ad Hoc Committee:
1) Matthew Terry appointed by Council Member Kalmick, 2) Brian Kyle appointed by Council Member Landau, 3) Margo Wheeler appointed by Council Member Steele. 4) Bill McDannel appointed Mayor Pro Tem Sustarsic, and 5) Kenneth Husting appointed Mayor Moore.

Page 3 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Boards – Commissions - Committees Applications - Redacted

Agenda Item B

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Designation of Voting Delegate and Alternate for the 2023 League of California Cities (Cal Cities) Annual Conference ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2023 League of California Cities (Cal Cities) Annual Conference.

BACKGROUND AND ANALYSIS:

The League of California Cities 2023 Annual Conference & Expo is scheduled for September 20-22, 2023, in Sacramento. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 22, 2023. At this meeting the Cal Cities’ membership considers and take action on resolutions that establish League policy on municipal issues of statewide importance for the upcoming year. Information on what resolutions will be reviewed is not available at this time.

In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates. The designation of a voting delegate will allow the City to participate in the Annual Business Meeting. Consistent with the League bylaws, a city’s voting delegate and up to two alternates must be designated by the City Council. A voting delegate can either be an elected or appointed official.

The City Clerk or Mayor must sign the attached form affirming that the names provided are those that were selected by the City Council (Attachment A). The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a nondesignated individual is not allowed. Currently, Mayor Thomas Moore is registered to attend the conference. At this time no other Council Members or City staff are registered to attend the conference.

Page 2 ends

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council designate a voting Delegate and Alternates for the Annual Business Meeting of the 2023 League of California Cities (Cal Cities) Annual Conference.

SUBMITTED BY: NOTED AND APPROVED:

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

A. 2023 Annual Conference Voting Delegate/Alternate Letter and Form 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Agenda Item C

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the July 24, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on July 24, 2023.

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SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Closed Session, July 24, 2023
B. Minutes – Regular Session, July 24, 2023
Seal Beach, California
July 24, 2023
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Moore
Council Members: Sustarsic, Landau, *Steele, Kalmick
*Council Member Steele participated in the meeting remotely from the following location: 69 Quai Saint-Andre 403, Quebec City, Quebec G1K3Y1, Canada

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Alexa Smittle, Community Development Director
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. City Clerk Harper announced that were no supplemental communications received. Mayor Moore then closed oral communications.

CLOSED SESSION
A. Conference with Real Property Negotiators
4197 Ironwood Avenue, Seal Beach, CA 90740
Agency negotiator: Alexa Smittle, Community Development Director; Jill Ingram, City Manager
Negotiating parties: Francisco Uriarte, Presidio West Investments, LLC Under negotiation: Price and Terms of Payment
B. Conference with Legal Counsel
Exiting Litigation Pursuant to Government Code Section 54956.9(d)(1) Beach House at the River, LLC v. City of Long Beach
Orange County Superior Court Case No. 30-2023-01314997-CU-MC-CJC Council Member Landau recused herself for Item B.

ADJOURNMENT
Mayor Moore adjourned the Closed Session meeting at 6:30 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Thomas Moore, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
July 24, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Mayor Pro Tem Sustarsic led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Moore
Council Members: Kalmick, Landau, *Steele, Sustarsic
*Council Member Steele participated in the meeting remotely from the following location: 69 Quai Saint-Andre 403, Quebec City, Quebec G1K3Y1, Canada.

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief, Marine Safety Department Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Craig Covey, Division 1 Chief Orange County Fire Authority Nicholas Nicholas, Police Captain
Michael Ezroj, Police Captain

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Two (2) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Council Member Steele pulled Item E from the Consent Calendar for separate consideration.

Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic, to approve the agenda.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PRESENTATIONS / RECOGNITIONS
There were no presentations/recognitions items.

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: Anonymous Speaker and Sarah Fuller. Mayor Moore closed oral communications.

CITY ATTORNEY REPORT
City Attorney Ghirelli indicated the City Council meet in Closed Session to discuss the two (2) items on the posted agenda. All City Council Members were present with the exception of Council Member Landau who recused herself from Item B. Council took no reportable action.

CITY MANAGER REPORT
City Manager Ingram introduced Police Chief Henderson who discussed some of the activities that will take place at National Night Out, scheduled for Tuesday, August 1, 2023, from 5:00pm-8:00pm at Eisenhower Park.

Additionally, City Manager Ingram announced and congratulated newly appointed Sergeant Samantha Mathias on both her promotion and receiving her master’s degree.

COUNCIL COMMENTS
Council Member Kalmick reported his attendance at the Orange County Fire Authority Board meeting, Orange County Council of Governments, and the Seal Beach Fish Fry.

Additionally, he reported that he attended a meeting of the West Orange County Water Board, where he assisted with the design of a new logo.

Council Member Landau reported her attendance at the Woyjeck Remembrance of the ten-year anniversary on the loss of the 19 Elite Granite Mountain Hotshot Firefighters.

Additionally, she noted her attendance at Band on the Sand and thanked Public Works staff members Armando Macias and Vince Utsler for keeping the area clean during the entire event. Council Member Landau also indicated that she attended the Long Beach Planning Commission meeting along with Planning Commissioner Rich Coles. Council Member Landau and Planning Commissioner Coles provided testimony regarding the inadequacies of the Environmental Impact Report for the two projects slated to begin on the Seal Beach/Long Beach border and noted that the Traffic Study was greater than ten years old. She expressed her concerns for the projects.

Mayor Pro Tem Sustarsic reported her attendance at a Regional Military Affairs Committee meeting, the Orange County Sanitation District Honor Walk Ceremony and Board meeting, the July 4th fireworks show at the Joint Forces Training Base, the College Park East 4th of July bike parade, an Orange County Sanitation District Operations Committee meeting, ribbon cutting ceremony at Pearl Vision, and an Airport Land Use Commission meeting. Additionally, she announced that she watched a live stream of the Orange County Transportation Authority Board of Directors meeting, where voting took place to approve the I-405 Express Lanes Toll Roads Policy. She reported that the project is 95% completed and due to open later this year.

Council Member Steele reported that he attended the Lions Club Fish Fry, several Golden Rain Foundation Committee meetings and the July 4th fireworks show at the Joint Forces Training Base.

Mayor Moore thanked the Police and Fire Departments for their quick arrival on the scene of a home in College Park West, where a car had crashed into a home. He thanked Public Works for the improvements to the entrance of College Park West, which included a fence and new landscaping. Mayor Moore reported that he attended the Pearl Vision ribbon cutting ceremony, the Leisure World Expo, the Lions Club Fish Fry, the quarterly Leisure World Working Group meeting, the California Joint Powers Insurance Authority Board meeting, and the Orange County Fair Elected Officials’ meeting. Additionally, he noted that he attended the Pacific Symphony at Eisenhower Park. He thanked Community Services Coordinator Anthony Nguyen for coordinating the event and Bank of America for sponsoring the event, which included free entrance for Seal Beach residents and visitors.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
Mayor Pro Tem Sustarsic moved, second by Council Member Landau, to approve the recommended actions on the consent calendar.

A. Approval of the June 26, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on June 26, 2023.

B. Demands on City Treasury (Fiscal Year 2024) July 24, 2023 - Ratification.

C. Monthly Investment Report – June 30, 2023 - Receive and file.

D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

E. Establishment of a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council adopt Resolution 7427: 1. Establishing a Citizen-Council Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and, 4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

F. Notice of Completion for 2022 Environmental Cleanup Program Project, CIP SD2201 - That the City Council adopt Resolution 7428: Accepting the 2022 Environmental Cleanup Program Project, CIP SD2201, by G2 Construction, Inc., in the amount of $425,576; and, Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

City Clerk Harper took a roll call vote for all the Consent Calendar Items with exception of Item E:

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ITEMS REMOVED FROM THE CONSENT CALENDAR
E. Establishment of a Citizen-Council Parking Advisory Ad-Hoc Committee - That the City Council adopt Resolution 7427: 1. Establishing a Citizen-Council Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and, 4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

City Clerk Harper provided a comprehensive background on the staff report. Council Member Steele and Kalmick expressed their concerns regarding approval of the establishment of the Ad-Hoc Committee and Council Members Landau, Mayor Pro Tem Sustarsic, and Mayor Moore spoke in support of the establishment of the Ad-Hoc Committee.

At the request of City Manager Ingram, Police Chief Henderson gave a brief overview of the draft public outreach plan, which includes several outreach efforts and future town hall meetings.

City Attorney Ghirelli provided clarification on Brown Act requirements for an Ad-Hoc Committee.

Mayor Pro Tem Sustarsic moved, second by Mayor Moore to approve Resolution 7427:

1. Establishing a Citizen Council Parking Advisory Ad-Hoc Committee, comprised of 1) two (2) Council Members: Mayor Moore and Council Member Kalmick; 2) the City Manager or her designee(s); 3) a Main Street business owner appointed by the Seal Beach Chamber of Commerce; and 4) one Seal Beach resident selected by each Council Member. The nominated residents must be approved by the full City Council at a future meeting; and, 2. Providing that each resident Committee Member should have knowledge, education, and experience with parking programs. Those interested must be 18 years of age or older and a Seal Beach resident to serve as a Committee Member. The five (5) resident Committee Members may not be City of Seal Beach elected officials or City employees; and, 3. Providing that each Committee Member be required to be actively involved in the Committee, by attending meetings, adhering to the Ralph M. Brown Act; engaging in focused discussions, and reviewing, evaluating and analyzing the City’s Parking Management Program; and, 4. The Committee will provide recommendations to the City Council regarding 1) parking on Main Street, including paid parking; 2) the structure of the town hall meetings regarding Main Street paid parking; and 3) any other recommendation to improve parking within the City; and, 5. Directing the City Manager or her designee to provide staff support to the Committee; and, 6. Directing the City Clerk to post the Notice of Vacancy for the Committee and make applications available to interested residents.

City Clerk Harper took a roll call vote for Item E.

AYES: Moore, Sustarsic, Landau
NOES: Kalmick, Steele
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
G. Resolution Adjusting the Bidding Thresholds for Public Works Contracts and Adjusting the City Manager’s Contract Authority for the Acquisition of Goods and Services - That the City Council adopt Resolution 7429: Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and, Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384.

Director of Public Works Lee provided a comprehensive background on the staff report.

There were Council Member questions.

Mayor Moore opened the public hearing. Speakers: None. Mayor Moore closed the public hearing.

Council Member Kalmick moved, second by Mayor Pro Tem Sustarsic to approve Resolution 7429: Confirming the adjustment of bidding threshold for Public Works contracts to $40,232 pursuant to the City Charter Section 1010; and, Adjusting the City Manager’s threshold to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services, or other items within the budget approved by City Council to $40,232 pursuant to City Charter 420 and Resolution 6384.

City Clerk Harper took a roll call vote to continue Item G.

AYES: Kalmick, Steele, Moore, Sustarsic, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

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

NEW BUSINESS
H. Approval of the Annual Special Taxes for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District” - That the City Council adopt Resolution 7430: approving the annual Fiscal Year 2023- 2024 special tax levy for Community Facilities District No. 2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District.” Director of Finance Arenado provided a comprehensive background on Items H, I, and J as they are similar in nature but noted each item would require a separate vote. Director of Finance Arenado introduced Willdan Representative Tony Thrasher who responded to questions from Council Member Landau.

Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7430: approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No.
2002-02 “Seal Beach Blvd. / Lampson Ave. Landscape Maintenance District.” City Clerk Harper took a roll call vote to continue Item H.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
I. Approval of the Annual Special Taxes for Community Facilities District No. 2002- 01 “Heron Pointe” - That the City Council adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community
Facilities District No. 2002-01 “Heron Pointe.”
Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7431 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2002-01 “Heron Pointe.” City Clerk Harper took a roll call vote to continue Item I.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
J. Approval of the Annual Special Taxes for Community Facilities District No. 2005- 01 “Pacific Gateway Business Center” - That the City Council adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center.” Council Member Sustarsic moved, second by Council Member Landau to adopt Resolution 7432 approving the annual Fiscal Year 2023-2024 special tax levy for Community Facilities District No. 2005-01 “Pacific Gateway Business Center.” City Clerk Harper took a roll call vote to continue Item J.

AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Moore adjourned the City Council meeting at 7:55 p.m. to Monday, August 14, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item F

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Authorizing Maintenance and Repair Services Agreement with Petrochem Materials Innovation
for On-Call Asphalt Maintenance and Repair Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7433:

1. Approving and awarding a Maintenance and Repair Services Agreement to Petrochem Materials Innovation, LLC, in a not-to-exceed amount of $330,000 to provide On-Call Asphalt Maintenance and Repair Services expiring December 31, 2023, by entering into a cooperative purchase agreement based on the contract between Petrochem Materials Innovation, LLC and the City of Los Angeles (Contract 59680) which allows other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by Petrochem Materials Innovation, LLC under Contract 59580, pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code Section 3.20.025(D); and,

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

3. Authorizing the City Manager the option to extend the Agreement up to five (5) additional one-year terms after its original term, as allowable by the City of Los Angeles Contract 59680, for a not-to-exceed amount of $250,000 per additional one-year term.

BACKGROUND AND ANALYSIS:

Preventative maintenance is required to extend the City’s street infrastructure useful life before costly reconstruction is required. The City’s pavement management program recommends slurry-seal coating as a preventative measure against roadway deterioration. Rubberized Emulsion Aggregate Slurry (“REAS”)

Page 2 ends

has been specified for recent slurry seal projects, versus convention slurry, due to its higher performance and longer lasting properties.

In January of 2016, following a competitive bidding process undertaken in accordance with the City of Los Angeles Charter and Municipal Code, the City of Los Angeles awarded a contract to Petrochem Materials Innovation, LLC (“PMI”), with five 1-year optional extensions, for “Green Book” Central Mix REAS (Contract 59680). In December 2022, the City of Los Angeles authorized an amendment of Contract 59680 that allows for an additional five 1-year optional extensions. The City of Los Angeles bid specifications of Contract 59680 authorize other government agencies to procure and purchase Central Mix REAS using the same prices, terms and conditions given by PMI. Section 3.20.025(D) of the Seal Beach Municipal Code provides for an exemption from the City’s competitive bidding requirements for purchases made in cooperation with the state, the county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications. The set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach. In accordance with the City of Los Angeles Contract 59680 and Seal Beach Municipal Code Section 3.20.025(D), the City of Seal Beach is authorized to purchase Central Mix REAS at the City of Los Angeles contract prices.

Staff recommends, “piggybacking” on the City of Los Angeles Contract 59680 pursuant to Seal Beach Municipal Code Section 3.20.025(D), allowing the City to slurry seal on an as-needed maintenance basis. The proposed Agreement also provides for an extension of the Agreement for a maximum of five additional oneyear terms upon mutual agreement. Extension of the Agreement would be dependent on funding availability and the contractor’s ability to produce contract extensions granted by the City of Los Angeles as they become available.

Pursuant to Seal Beach Municipal Code Section 3.20.025(D), it is recommended that the City Council make the following findings with respect to entering a piggyback contract with PMI pursuant to pricing and terms that have been previously established by the City of Los Angeles in Contract 59680:

1. The contract between the City of Los Angeles and PMI (Contract 59680) was a result of a competitive bidding process by the City of Los Angeles under its Charter and Municipal Code in November 2015.

2. In January 2016, the City of Los Angeles awarded a Central Mix REAS contract to PMI, the lowest responsive and responsible bidder (Contract 59680), in compliance with the City of Los Angeles Charter and Los Angeles Municipal Code.

3. The City of Los Angeles bid documents for Contract 59680 include a provision notifying the bidders that the prices bid by each contractor, if awarded the contract, shall be made available to other public agencies

Page 3 ends

such as the City of Seal Beach, a procedure commonly referred to as “piggybacking.”

4. The set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach. Pursuant to Section 3.20.025(D) of the Seal Beach Municipal Code, “Purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications” are exempt from the public bidding requirements of the Code.

The proposed PMI contract scope of work with Seal Beach would include the same terms offered in the City of Los Angeles contract, and includes all material, labor, testing, equipment, notification to adjacent property owners, placement of traffic control, removal of existing striping as needed, sweeping, covering manholes, slurry placement, cleanup, and restriping. The project scope also includes necessary subsurface preparation work including crack sealing, asphalt dig-outs of deteriorated areas, and minor grind and overlay to restore surface profile. PMI will follow the City’s general contract requirements, which include compliance with laws, licensing and permits, insurance requirements, labor laws, indemnity, and product warranties.

If the proposed on-call maintenance and repair services agreement is approved by the City Council, the next slurry project is anticipated to start in Fall 2023.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a maintenance and repair services agreement with Petrochem Materials Innovation, LLC will not have a significant effect on the environment. Projects will be evaluated on an individual basis but are expected to fall under CEQA Section 15301(c).

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The approval of the on-call maintenance and repair services agreement does not directly appropriate or expend funds. Services will be used to the extent of available funding in the applicable budget accounts. The City of Seal Beach contract will follow unit pricing per City of Los Angeles Contract 59680 and correlated amendments for future terms.

Page 4 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7433:

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

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7433
B. Agreement with Petrochem Materials Innovation, LLC
RESOLUTION 7433

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A MAINTENANCE AND REPAIR SERVICES

AGREEMENT WITH PETROCHEM MATERIALS

INNOVATION, LLC FOR ON-CALL ASPHALT

MAINTENANCE AND REPAIR SERVICES
WHEREAS, the City desires to retain a contractor to provide on-call asphalt maintenance and repair services utilizing rubberized emulsion aggregate slurry (“REAS”); and, WHEREAS, on January 1, 2016, following a competitive bidding process conducted by the City of Los Angeles pursuant to City of Los Angeles Charter and the City of Los Angeles Municipal Code, the City of Los Angeles entered into agreement with Petrochem Materials Innovation, LLC for Central Mix REAS (Contract 59680) whose bid specifications authorize other government agencies to “piggyback” its prices, terms, and conditions; and,
WHEREAS, on December 19, 2022, the City of Los Angeles authorized Contract 59680 Amendment 10 that allows for the addition of five 1-year optional extensions; and, WHEREAS, Section 3.20.025(D) of the Seal Beach Municipal Code provides for an exemption from the City’s competitive bidding requirements for purchases made in cooperation with the state, the county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications; and WHEREAS, the set unit pricing of Central Mix REAS is lower through the City of Los Angeles Contract 59680 than historical estimates for this purchase if made directly by the City of Seal Beach; and the City desires to “piggyback” off the City of Los Angeles’ Contract 59680 to obtain lower REAS unit pricing as permitted by Seal Beach Municipal Code Section 3.20.025(D); and,
WHEREAS, the City deems Petrochem Materials Innovation, LLC as qualified to provide such services.

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

Section 1. The City Council hereby awards a Maintenance and Repair Services Agreement (“Agreement”) to Petrochem Materials Innovation, LLC by entering into a cooperative purchasing agreement based on City of Los Angeles Contract 59680 pursuant to Seal Beach Municipal Code Section

3.20.025(D), for On-Call Asphalt Maintenance and Repair Services in a not-to-exceed amount of $330,000, for the term commencing August 14, 2023 and expiring December 31, 2023.

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

Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with Petrochem Materials Innovation, LLC for up to five (5) additional one-year terms, at her discretion and as allowable by the City of Los Angeles Contract 59680, as amended, in a not-to-exceed amount of $250,000 per one-year term extension.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote:

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 7433 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023 .

Gloria D. Harper, City Clerk

MAINTENANCE AND REPAIR SERVICES AGREEMENT
for
On-Call Asphalt Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Petrochem Materials Innovation, LLC
6168 Innovation Way
Carlsbad, CA, 92009
760-603-0961
This Maintenance and Repair Services Agreement (“the Agreement”) is made as of August 14, 2023 (the “Effective Date”), by and between Petrochem Materials Innovation, a Nevada LLC (“Contractor”), a limited liability company and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 24

RECITALS
A. City desires to retain a contractor to perform certain on-call asphalt maintenance and repair services (the “Project”), to be carried out consistent with City-approved plans and specifications.

B. The Seal Beach City Charter and Seal Beach Municipal Code Section

3.20.025(D) provide for an exemption from public bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications.

C. The City of Los Angeles and Petrochem Materials Innovation, LCC (PMI) are parties to a contract for maintenance services including Central Mix REAS (Contract 59680), which was entered into following a competitive bidding process pursuant to the City of Los Angeles Charter and Municipal Code, and Contract 59680 authorizes other government agencies to utilize those same prices, terms, and conditions.

D. City desires to enter into a cooperative purchasing agreement with PMI based on City of Los Angeles Contract 59680 between PMI and the City of Los Angeles, pursuant to the authority provided by the Seal Beach City Charter and Seal Beach Municipal Code § 3.20.025(D), and to engage Contractor as an independent contractor to provide on-call asphalt maintenance and repair services in accordance with the terms and conditions of this Agreement.

E. Contractor is a California licensed “A” Contractor and C32 Contractor (State Contractor’s License # 991274, DIR 1000011208) and represents that its principals and employees are fully qualified to perform the services contemplated by this Agreement by virtue of their experience, training, education and expertise.

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

AGREEMENT

1.0 Scope of Services

1.1. Services and Purchase Orders. For and in consideration of the mutual promises set forth herein, strictly on an on-call basis, and subject to the terms and conditions of this Agreement, Contractor shall perform and complete in good and workmanlike manner all on-call asphalt and related repair services (collectively “Services”) as described in this Agreement and the other Contract Documents listed in Subsection 1.2. The specific services to be provided shall be 3 of 24
more particularly described in individual purchase orders issued by City as described in Subsection 1.3 of this Agreement.

1.2. Contract Documents. The Contract Documents consist of (i) this Agreement, (ii) each Purchase Order and related documents described in Subsection 1.3, (iii) the provisions of the 2018 edition of the Standard Specifications for Public Works Construction (“Green Book”), adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California, and (iv) all of the following: the City of Los Angeles Contract 59680 (Exhibit A), City of Los Angeles Contract 59680 Extension Amendment 10 (Exhibit B), City of Los Angeles Contract 59680 Extension Amendment 11 (Exhibit C), City of Los Angeles Contract 59680 Extension Amendment 12 (Exhibit D), City of Los Angeles Contract 59680 Extension Amendment 13 (Exhibit E), City of Los Angeles Contract 59680 Extension Amendment 14 (Exhibit F), all of which such exhibits are attached and incorporated herein by this reference.

1.2.1 Order of Precedence. The Order of Precedence of the Contract Documents shall be as follows: (i) this Agreement; and then (ii) a Purchase Order; and then (iii) the City’s Standard Specifications; and then (iv) Exhibit E; and then (v) Exhibit D; and then (vi) Exhibit C; and then (vii ) Exhibit B; and then (viii) Exhibit A. To the extent that there is any conflict between a purchase order, related proposal, related notice to proceed, Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E and this Agreement, this Agreement shall control. Terms of each purchase order issued by City pursuant to Subsection 1.3 shall take precedence over Exhibits A, B, C, D and E. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.3. Purchase Orders. Based on the on-call nature of this Agreement, City shall from time to time, request specific services of the type generally described in Section 1.2 of this Agreement, by issuing a Purchase Order to Contractor. The Purchase Order will describe the materials, equipment, services and other work to be performed by Contractor on a specific purchase, the schedule of delivery and other work for the task, and the amount of compensation to be paid by City for Contractor’s services. Contractor shall not perform and City shall not be liable for any Services performed by Contractor unless written authorization from City is given to Contractor in the form of a separate Purchase Order, receipt by City of a corresponding proposal from Contractor consistent with that Purchase Order, and a Notice to Proceed issued by City, for the performance of such Purchase Order. All provisions set forth in this Agreement shall fully apply to each Purchase Order, unless expressly provided otherwise therein.
4 of 24

1.4. The Services shall be performed in accordance with the Contract Documents, and Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in each Purchase Order to be furnished by City.

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

1.6. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, State, and local law.

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

1.8. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing pursuant to Subsection 1.3. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term; Time of Performance

2.1. The original term of this Agreement shall commence as of the Effective Date and shall expire at midnight on December 31, 2023 (“Original Term”), unless sooner terminated or extended as provided by this Agreement.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines set forth in each individual Purchase Order. Contractor shall be required to commence work within five business days of receiving City’s fully-executed Notice to Proceed, except as otherwise set forth in the fully-executed Notice to Proceed.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the terms and conditions set forth hereafter, for up to five 5 of 24
(5) additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. Any extension shall be contingent upon the extension of Contract 59680 by PMI and the City of Los Angeles. If timely elected by the City, the first extension shall have a term extending from January 1, 2024 through and including January 1, 2025 unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from January 1, 2025 through and including January 1, 2026, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the third extension shall be from January 1, 2026 through and including January 1, 2027, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the forth extension shall be from January 1, 2027 through and including January 1, 2028, unless sooner terminated pursuant to this Agreement. If timely elected by the City, the fifth extension shall be from January 1, 2028 through and including January 1, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives.

3.0 Contractor’s Compensation

3.1. In consideration of Contractor’s performance of the Services set forth in Exhibit A based on a Purchase Order, City will pay Contractor in accordance with the rates shown on the fee schedules set forth in Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F for the Services but in no event will the City pay more than the total not-to-exceed amount of $330,000 (Three Hundred and Thirty Thousand dollars and 00/100) for the Services for the original term.

3.2. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, City will pay Contractor in accordance with the rates agreed to in City of Los Angeles Contract 59680 and but in no event will the City pay more than the total not to-exceed amount of $250,000 (Two Hundred and Fifty Thousand dollars and 00/100) for each oneyear extension.

3.3 Contractor will not be compensated for any work performed not authorized by City and specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Subsection will be compensated in accordance with the applicable fee schedule set forth in Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F.
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3.4 Retention requirements and notices of completion shall be governed by the City’s Standard Specifications identified in Subsection 1.2.

4.0 Method of Payment

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

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

5.0 Termination

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

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

5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued pursuant to Subsection 5.1 or Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount 7 of 24
that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

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

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

7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, CA 90740
Attn: City Manager
To Contractor: Petrochem Materials Innovation, LLC
6168 Innovation Way
Carlsbad, CA 92009
Attn: Frank Hoffman

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

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

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

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

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

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not 9 of 24
limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

10.0 PERS Compliance and Indemnification

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

10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 10.0. These duties are in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth 10 of 24
in any other provision of this Agreement. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Contractor covenants that all data, notes, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, computer files, electronic files, media, discussion, information (or other Work Product (as defined in Subsection 12.1) developed or prepared received by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City notice of such court order or subpoena.

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

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

12.0 Ownership of Work Product

12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of 11 of 24
this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor’s consent, provided that Contractor will not be held liable for any use, reuse or modification of the City-owned Work Product for purposes outside this Agreement. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product.

12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1.

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

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

If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.

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

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

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. 13 of 24
Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Insurance

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

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

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

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

17.2.3. Workers’ Compensation Insurance and Employer’s Liability coverages. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: Contractor shall maintain limits of no less than $1,000,000 per accident and in the aggregate for bodily injury or disease.

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

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

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

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

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

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

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 15 of 24

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

17.9. Waiver of Subrogation. Each insurance policy procured or maintained pursuant to this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives its own rights of recovery and all rights of subrogation against City.

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

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

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as 16 of 24
full performance of Contractor’s duty to indemnify City under any provision of this Agreement.

17.13. Broader Coverage/Higher Limits. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

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

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Contractor’s Duties.

18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities” in this Section 18.0), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any 17 of 24
Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

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

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

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

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

19.0 Non-Discrimination and Equal Employment Opportunity 18 of 24
Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by federal or state laws, including but not limited to, in all activities relating to initial employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff, or termination. Contractor further warrants that in providing the Services, Contractor shall not discriminate, harass or retaliate against any City official, City employee, City contractor, City consultant, customer, patron, client, or other member of the public because of their race, religion, color, national origin, handicap, ancestry, sex, gender, gender identity, sexual orientation, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information , military or veteran status, or any other basis prohibited by federal or state laws.

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

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

22.0 Payment and Performance Bonds.

To the extent required by City, Contractor shall provide a payment bond and/or performance bond in any Purchase Order in accordance with the City’s requirements.

23.0 Claim Dispute Resolution

23.1. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute (“Disputed Work”).

Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be 19 of 24
characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

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

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

25.0 Non-Exclusive Agreement
City reserves the right to employ other contractors in connection with the subject matter of the Scope of Services, or may have its own employees perform the Services contemplated by this Agreement.

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

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

28.0 Governing Law and Venue
20 of 24
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

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

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

31.0 Prohibited Interests; Conflict of Interest

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

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

31.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and 21 of 24
absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

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

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

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

34.0 Non-Appropriation of Funds
Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s Services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s Services only to the conclusion of the last 22 of 24
fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

35.0 Mutual Cooperation

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

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

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

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

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

39.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
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40.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.

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 R. Ghirelli,
City Attorney
CONTRACTOR: Petrochem Materials
Innovation, LLC, a Limited Liability
Company
By:

Name: L,j�J
Its: fEo
(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.)
24 of 24

EXHIBIT A
City of Los Angeles Annual Requirements Contract with
Petrochem Materials Innovation, LLC

EXHIBIT B
City of Los Angeles Supply Contract 59680 - Amendment
10 Slurry, Premix R.E.A.S.

EXHIBIT C
City of Los Angeles Supply Contract 59680 - Amendment
11 Slurry, Premix R.E.A.S.

CITY OF LOS ANGELES
TONY M. ROYSTER

GENERAL MANAGER
AND

CITY PURCHASING AGENT

CALIFORNIA

KAREN BASS

DEPARTMENT OF

GENERAL SERVICES
ROOM 701

CITY HALL SOUTH
1 1 1 EAST FIRST STREET
LOS ANGELES, CA 90012
(213) 928-9555
FAX No. (213) 928-9515
MAYOR
February 14, 2023
Petrochem Manufacturing, Inc.
6168 Innovation Way
Carlsbad, CA 92009
SUBJECT: CITY OF LOS ANGELES SUPPLY CONTRACT 59680 -AMENDMENT 11 SLURRY, PREMIX R.E.A.S.

The following price changes are effective 02/13/2023:

Line# DescriQtion
4 Service, Regular Time, Labor Only, Per Person
5 Service, Overtime, Labor Only, Per Person
18 Per Diem for Los Angeles Personnel
26 Labor, Regular Rate, Labor, Posting & Notify of
Affected Traffic Disruptions
27 Labor, Overtime Rate, Labor, Posting & Notify of
Affected Traffic Disruptions
28 Rental, Sweeper, Mobile Unit, Regular Rate
The following items are being added effective 02/13/2023:

Line#
47 48
DescriQtion
Traffic Control Plans
Traffic Control, Changeable Message Signs
Old Price
$ 95.00/hour
$142.50/hour
$150.00/day
$ 95.00/hour
$142.50/hour
$200.00/hour
New Price
$110.00/hour
$161.50/hour
$256.00/day
$110.00/hour
$161.50/hour
$300.00/hour
Price
$200. 00/each
$225.00/each
This Agreement may be executed in one or more counterparts, and by the parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. The parties further agree that facsimile signatures or signatures scanned into .pdf (or signatures in another electronic format designated by City) and sent by e-mail shall be deemed original signatures.

All other contract terms and conditions remain unchanged and in force. Questions regarding this contract modification should be addressed to Martha Medina, Procurement Analyst, at 213-928- 9536 or via e-mail [email protected].

AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER

EXHIBIT D
City of Los Angeles Supply Contract 59680 - Amendment
12 Slurry, Premix R.E.A.S.

EXHIBIT E
City of Los Angeles Supply Contract 59680 - Amendment
13 Slurry, Premix R.E.A.S.
f/TAL

EXHIBIT F

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda Item G

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County
(ILJAOC)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves.

BACKGROUND AND ANALYSIS:

The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC) is to facilitate the integration and sharing of criminal justice information/data. ILJAOC is a joint powers authority created by the member agencies. The current agreement between the City of Seal Beach and ILJAOC has been in effect since January of 2014.

The current members of ILJAOC are:

Anaheim, Fountain Valley, La Palma, Santa Ana, Brea, Fullerton, Laguna Beach, Seal Beach, Buena Park, Garden Grove, Los Alamitos, Superior Court of CA - County of Orange, Costa Mesa, Huntington Beach, Newport Beach, Tustin, County of Orange, Irvine, Orange, Westminster, Cypress, La Habra, Placentia, University of CA - Irvine Police Department, California State University - Fullerton Police Department.

These members work in concert to share critical information as it pertains to criminal matters within the county. This group has served a vital role for the City of Seal Beach providing timely and critical threat assessments related to special events and/or protests in the community. They have provided additional resources when requested to aide with crime trends and crime prevention. The proposed amendments to the ILJAOC joint powers agreement are procedural in nature. They clarify the voting membership of the member agencies, the process for selecting

Page 2 ends

board members and alternates, and the role of member agencies without voting board members. In addition, the amended agreement would confirm the agency’s ability to retain legal counsel and authorize non-mayors to sign the joint powers agreement by digital signature. This agreement will continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

This is not a budgeted item given that all fees are automatically deducted from fine revenue collected by the County.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Jill R. Ingram
Michael Henderson , Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Michael Ezroj, Operations Captain
ATTACHMENTS:

A. Resolution 7434
B. ILJAOC Agreement
C. ILJAOC Letter to City of Seal Beach
D. ILJAOC Staff Report for Recommended Amendments
RESOLUTION 7434

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE RESTATED AND AMENDED JOINT POWERS

AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY

FOR ORANGE COUNTY (ILJAOC)
WHEREAS, the City of Seal Beach is a Member Agency of the ILJAOC, a joint powers authority, and is a party to the Joint Powers Agreement for integrated Law & Justice Agency for Orange County (“Agreement”); and, WHEREAS, the City of Seal Beach previously entered into the Agreement in 2015 and remains an active participant in ILJAOC.; and,
WHEREAS, the member agencies of ILJAOC joined together to establish, operate, and maintain a separate agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and,
WHEREAS, the member agencies of ILJAOC propose to amend the Agreement in order to clarify the agency’s voting membership and selection of board members and alternates, among other clarifying amendments.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. That the City Council adopt Resolution 7434 approving the Restated and Amended Joint Powers Agreement for Integrated Law & Justice Agency for Orange County (ILJAOC). This Agreement shall continue in full force and effect until the City of Seal Beach withdraws or the agency dissolves.

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

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the August 14th, 2023 by the following vote:

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

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7434 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August 2023.

Gloria D. Harper, City Clerk
1 RESTATED AND AMENDED JOINT POWERS AGREEMENT
FOR

INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(ILJAOC)
This Amended Joint Powers Agreement (Agreement) is made and entered into by and between the listed cities, other entities, and County of Orange listed below, collectively referred to as “Member Agencies”. This Amendment to the Agreement is dated October 24, 2022 for reference purposes.

Member Agencies
Anaheim Fountain Valley La Palma Santa Ana
Brea Fullerton Laguna Beach Seal Beach
Buena Park Garden Grove Los Alamitos Superior Court of CA, County of Orange Costa Mesa Huntington Beach Newport Beach Tustin
County of Orange Irvine Orange Westminster
Cypress La Habra Placentia University of CA, Irvine Police Department California State University, Fullerton Police Department

R E C I T A L S
WHEREAS, the Member Agencies entered into an Agreement entitled “Joint Powers Agreement for Integrated Law & Justice Agency for Orange County” originally dated September 3, 2008 to create the Integrated Law and Justice Agency for Orange County; and
WHEREAS, the Member Agencies previously restated and amended said Joint Powers Agreement on June 8, 2015; and
2 WHEREAS, the Member Agencies desire to restate and amend said Joint Powers Agreement; and
WHEREAS, the Member Agencies have and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and WHEREAS, the Member Agencies anticipate that from time to time it may be necessary to amend this Agreement and/or consider adding new Member Agencies; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

P U R P O S E

1.01 The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC) is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information/data in the manner set forth in this Agreement.

1.02 Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the ILJAOC created herein, shall not have authority to impair or control any of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall 3 any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency’s current operational costs, or which requires them to modify their non-ILJAOC systems or services, without their consent and full cost reimbursement from other Member Agencies or other revenue sources.

1.03 Each Member Agency expressly retains all rights and powers to use other funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their information services.

Nothing in this Agreement shall be construed to require a Member Agency (i) to disclose any information that the Member Agency determines, in its sole discretion, it does not have the ability or authority to disclose, or (ii) to do any act that the Member Agency determines, in its sole discretion, is contrary to law or public policy.

1.04 The ILJAOC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, criminal history, and current justice status. In addition, it is intended to
a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the Board or the individual agency affected.
b) Reduce redundant document preparation, data entry, transmission, and storage.
c) Strive to identify and achieve common interests to enhance public safety and due process.
d) Maintain individual privacy rights, preserve protections agencies have for public records and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the Orange County Integrated Law & Justice Strategic Plan 4 (“Strategic Plan”) adopted by the Orange County Chiefs & Sheriff’s Association in April 2001, and any amendments to that plan as approved by a majority vote of the Board.
f) Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. g) Acknowledge that each Member Agency is responsible for internal agency security for their records, technical support, etc.
h) Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member.
i) Allow the Member Agencies to work together to implement the adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort.

1.05 Member Agencies are not required to seek approval from the ILJAOC to purchase, install, or modify their own (non-ILJAOC owned) equipment, services, or work performed in conjunction with any legislative mandate/authority granted to or required of Member Agencies in order to carry out their respective responsibilities. Furthermore, the ILJAOC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and/or providing their own (non-ILJAOC owned) resources or services to other entities, which may or may not be members of or served by the ILJAOC. Any changes to software or additional hardware that have been integrated into a Member Agency’s existing infrastructure as part of a requirement to implement the initiatives approved by the ILJAOC Governing Board will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the ILJAOC. 5 1.06 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modifications do not inhibit the exchange of offender data and systems implemented and/or funded by the prior action of the ILJAOC. Notwithstanding anything to the contrary herein, a Member Agency shall have no obligation to seek approval from the ILJAOC for any modification to that Member Agency’s internal systems or processes that is mandated by the State, or by any law or regulation governing the affected Member Agency.

1.07 In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with all applicable laws, rules, and regulations.

I I

C R E A T I O N O F T H E I N T E G R A T E D L A W & J U S T I C E

A G E N C Y F O R O R A N G E C O U N T Y

2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law & Justice Agency for Orange County ("ILJAOC").

The Member Agencies may agree on a different name for the ILJAOC.

2.02 The ILJAOC shall possess in its own name, and the Member Agencies delegate to it, the following enumerated powers:
a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and/or dispose of supplies and equipment to carry out the implementation of the Strategic Plan and any adopted amendments to that plan.
b) To receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity.
c) To sue and be sued in its own name.
6 d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities.
e) To appoint committees, adopt rules, regulations, policies, by-laws, and procedures governing the operation of the ILJAOC.
f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board in accordance with the terms of this Agreement.
g) To execute agreements and resolutions consistent with the terms of this Agreement.
h) To appoint/hire officers, employees, and/or agents.

2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Government Code section 6500, et seq., and, except as expressly set forth herein, the Treasurer/Controller shall be subject to the restrictions upon the manner of exercising such powers as are imposed upon the Member Agency whose employee or officer is designated as the ILJAOC Treasurer/Controller pursuant to Section 3.12 below. The Member Agency’s Treasurer/Controller appointed by the Governing Board shall serve a minimum three-year term at the discretion of the Board, so as to minimize any disruptions in carrying out his/her responsibilities.

2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled by the ILJAOC as its sole and separate property and not as property of any Member Agency.

2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and its debts, obligations, and liabilities shall be its own and not that of the Member Agencies, except as specifically provided for herein.
7 I I I

O R G A N I Z A T I O N

3.01 The membership of the ILJAOC shall be the original Member Agencies, and any additional Agencies whose admission is unanimously approved, in accordance with the terms of this Agreement, by the ILJAOC Governing Board, but shall exclude any Agencies that have opted to withdraw.

3.02 The ILJAOC shall be governed by a voting Board consisting of six (6) Member Police Chiefs, each elected for a three-year term by the Orange County Chiefs’ & Sheriff’s Association to represent those Member Agencies with Police Departments. The Orange County Chiefs’ & Sheriff’s Association shall also designate one alternate Member Police Chief to serve as a voting member in the event less than six voting Board Members are present when a vote is called. In addition to the Police Chief representatives, other voting members of the Board will be the Sheriff, the District Attorney, the Chief Probation Officer, the Public Defender, one (1) representative from the Orange County Executive’s Office, who will serve at the County of Orange CEO’s pleasure, the Presiding Judge of the Orange County Superior Court, the Chief Executive Officer of the Orange County Superior Court, and three (3) City Manager representatives, who shall be elected for a minimum of threeyear terms by the Orange County City Managers Association, with at least one (1) of those City Manager representatives being from a “contract city” in the County. Each Board member, or in the absence of a Board member, an alternate designated in advance by each said Board Member, shall have one vote on all matters before the Board. Such alternate members may be replaced from time-to-time at the appointing Board Member’s discretion.

All non-elected Board Members may be removed with or without cause by their respective appointing authorities.

3.03 Each Board Member, with the exception of the Sheriff, District Attorney, and Public Defender, shall designate at least one alternate and no more than two alternates to attend meetings and vote on behalf of the Board Member’s respective Member Agency. The Sheriff, District Attorney, and Public Defender shall each designate at least one alternate 8 and no more than three alternates to attend meetings and vote on behalf of the Board Member’s respective Member Agency.

3.04 The representatives of non-voting Member Agencies shall be permitted to engage in discussion of agenda items with voting Board Members, including the time period after a motion has been made and before a vote is taken, and shall not be considered members of the public at any ILJAOC meeting for purposes of public comment.

3.05 Each voting Board member shall hold office until a successor is selected, elected, hired or appointed under the powers of this Agreement and each Member Agency. The term of a Board member or alternate (both voting and non-voting) who is a public official or employee of a Member Agency shall terminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has left his or her position shall be filled by selection, election, or appointment according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position.

3.06 Board members and alternates shall not receive compensation for their service on the ILJAOC Board, but they may be reimbursed by the ILJAOC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by their respective employing Member Agencies.

3.07 The principal office of the ILJAOC shall be established by the Board and shall be located within the County of Orange. The Board may change the principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement.

3.08 The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called 9 and held in a manner as provided in the Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the California Government Code commencing with section 54950 et seq., as amended

3.09 All of the powers and authority of the ILJAOC shall be exercised by the Board unless specifically delegated, to the extent permitted by law, or reserved to the Member Agencies under this Agreement. Unless otherwise provided herein, each voting Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full voting membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this Agreement, in which case a two-thirds majority of the entire voting membership or their alternates is required for approval.

3.10 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Agency within a reasonable time after each meeting.

3.11 The Board may adopt policies, rules, and regulations for the conduct of its administrative affairs and that of the ILJAOC as may be required and that are consistent with this Agreement.

3.12 Where this Agreement requires an approval of a resolution or ordinance by any Member Agencies in any matter, the approval shall be evidenced by a certified copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. It shall be the responsibility of the Board to provide certified copies of said actions.

3.13 On an annual basis, the Board shall elect two Board members to act as Chair and Vice-Chair of the Agency for the purpose of conducting the Board meetings and performing other duties as required. The Vice-Chair may carry out all the duties of the Chair in his/her absence.
10 3.14 The Board shall appoint an officer or employee of a Member Agency to hold the offices of Treasurer and Controller ("Treasurer/Controller"), whose duties shall be in conformance with Government Code sections 6505 and 6505.5, and whose salary, if any, shall be established by the Board. The Treasurer/Controller shall also administer all contracts subsequent to the Board's approval and shall contract with a certified public accountant to make an annual audit of the accounts and records of the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, covering a budget cycle set by the Board, shall be prepared by the Treasurer/Controller for the approval by the Board. The ILJAOC's investment policies shall be the policies of the Member Agency of the Treasurer/Controller, as those may be modified by the Board of the ILJAOC. The cost of the Treasurer/Controller in carrying out his/her duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAOC.

3.15 The Board shall have the power to appoint/hire additional officers, employees, or agents. Any officer, employee, or agent of the ILJAOC who is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency’s personnel system. However, the ILJAOC may hire employees that are subject to the personnel system of the ILJAOC and said employees shall not be considered employees of any Member Agency. Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAOC shall possess appropriate qualifications to carry out his or her responsibilities.

3.16 The Board may appoint legal counsel, by contract or otherwise, to provide legal counsel to the Board, Executive Director, and any other ILJAOC staff regarding the operations of the ILJAOC.

3.17 The officers of the ILJAOC Board shall perform all duties customary and appropriate to their respective offices and:
a) After approval by the ILJAOC Board, the Board Chair shall sign all contracts on behalf of the ILJAOC Board.
11 b) The secretary shall perform such duties as assigned by the Board and shall keep minutes of the Board meetings.
c) The Treasurer/Controller shall be bonded in the amount to be determined by the Board and the bond fee shall be paid by the ILJAOC. The Treasurer/Controller shall perform the duties as set forth in this Agreement.

3.18 The Board may appoint an Executive Director by contract or otherwise to oversee day-to-day operations of the ILJAOC. The Executive Director shall manage the daily operations of the ILJAOC and supervision of any other ILJAOC employees.

3.19 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Agencies when performing their respective functions for their respective Member Agency shall apply to such person(s) to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC shall be deemed by reason of their appointment or service to be employed by any of the other Member Agencies or the ILJAOC or be subject to any of the requirements of the other Member Agencies.

I V

B U D G E T A N D D I S B U R S E M E N T S

4.01 The Board shall adopt a budget for the ensuing fiscal year(s) pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer/Controller shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include “budget to actual” comparisons based upon the previously adopted budget. Upon receipt of the report, the Board shall determine what extent, if any, unexpended budgetary appropriations shall be 12 re-appropriated or whether any excess of revenues over expenditures shall be allocated or expended.

4.02 The Treasurer/Controller shall draw warrants upon the approval and written order of the Board or the Board’s Executive Director. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board.

4.03 All funds received by the Treasurer/Controller for services provided by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board.

4.04 All expenditures within the approved budget shall be made upon the approval of the Treasurer/Controller in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two-thirds majority approval of the entire Board, and the budget shall thereafter be revised and amended.

4.05 The records and accounts of the ILJAOC shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the ILJAOC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. Copies of such audit report shall be filed with each Member Agency no later than fifteen (15) days after receipt of said audit by the Board.

4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the ILJAOC operations, and capital in excess of any grant funds, through annual budget appropriations. Each Member Agency’s agreement to provide such funds in fiscal years after the fiscal year in which the 13 original ILJAOC Joint Powers Agreement was executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose. The subject resolutions shall not limit the authority of each Member Agency to cease appropriations for the ILJAOC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this Agreement to reimburse a Member Agency for providing personnel, equipment, and/or services to the ILJAOC, the Member Agency providing such personnel, equipment, and/or services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those which are not part of the Member Agency’s pre-existing infrastructure/operation prior to the effective date of this Agreement. They also shall not include overhead charges. Costs for the ILJAOC operations referenced in accordance with this Section 4.06 shall be shared as follows:
a) Member Agencies with Municipal Police Departments and the Orange County Sheriff’s Department, which serves the unincorporated area of the County as well as their “contract cities,” shall be determined on a per capita served basis, with the combined total amount not to exceed 80% of total costs.
b) County of Orange; an amount not to exceed 15% of total costs. c) The Superior Court of California, County of Orange; an amount not to exceed 5% of total costs.
d) The University of California Police Department; an amount not to exceed

0.75% of total costs.
e) California State University, Fullerton Police Department, an amount not to exceed 0.75% of total costs.

4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated services to the 14 Member Agencies and to other public agencies that contract with ILJAOC for such services.

4.08 Based on information provided by the Executive Director or other designated representatives of the ILJAOC, the Treasurer/Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJAOC for services shall be used to offset the costs incurred by the ILJAOC. The Governing Board shall determine whether those funds shall be placed in a Capital Reserve or otherwise allocated in the ILJAOC’s Budget and/or projected costs to Member Agencies.

4.09 In establishing rates for services to non-Member Agency public agencies, the Board shall assure that the contracts for such services provide for the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC’s personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis, or no less frequently than on a quarterly basis (unless paid in advance) to the Treasurer/Controller of the ILJAOC. The Treasurer/Controller shall provide a written quarterly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies.

4.10 The ILJAOC budget shall include the provision for a Capital Replacement fund that will provide for, among other things, the replacement of the equipment owned and operated by the ILJAOC. The ILJAOC Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget will depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJAOC’s Capital Replacement fund. The actual purchase of new equipment and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board.

4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account for the ILJAOC. The Treasurer/Controller 15 shall be responsible for accounting for all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the budget adoption process.

L I A B I L I T I E S

5.01 Except as provided in Section 8.05 of this Agreement, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement by the ILJAOC.

Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V.

5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel to a cooperative pool of personnel to provide service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board.

5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by ILJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney’s fees and costs, resulting or arising out of or in any 16 way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC. In addition, and without limiting the foregoing indemnification obligation, except as provided in Section

5.04, the ILJAOC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation.

5.04 Any contract with a non-member public agency (“non-Member Agency”) receiving services from the ILJOAC shall include a mutual indemnification provision wherein the non-Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its proportionate share of liability on a comparative fault basis. The contract shall also provide that: 1) The indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2) The obligation of the non-Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non-Member Agency or the ILJAOC.

Notwithstanding the foregoing, in situations where a non-Member Agency lacks the authority to enter into an agreement containing the specific terms specified above in this Section 5.04, the ILJAOC may enter into an agreement without such terms (or including only some of those terms) only after (1) a finding by and affirmative vote of a two-thirds majority of all voting Board members, or their alternates, that the risk of entering into such an agreement is outweighed by the benefit to be obtained by entering into the agreement, and (2) a determination by the ILJAOC’s Risk Manager that insurance provisions applicable to the agreement are adequate given the specific risks presented.

5.05 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC and/or serve as officers or employees of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials 17 officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney’s fees and costs, that arises out of, or is in any way related, to any industrial/worker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC or the other Member Agencies under this Agreement.

5.06 ILJAOC shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial consequences.

This may be accomplished in part through the purchase of appropriate commercial insurance.

The Risk Manager, or his/her designee, of one Member Agency shall be designated by the Board, with the consent of the Member Agency, as the “ILJAOC Risk Manager” and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. Should a Member Agency Risk Manager not be available to serve the ILJAOC, the Board may designate someone who has comparable experience to serve in that capacity. The ILJAOC Risk Manager will be responsible for maintaining the original insurance policies and other risk management and insurance documents.

During the term of this Agreement, the ILJAOC shall purchase and maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverages shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this Agreement.

V I

A D M I S S I O N A N D W I T H D R A W A L O F P A R T I E S

6.01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board, and upon the unanimous 18 consent of the ILJAOC Governing Board, so long as such addition(s) are not projected to increase costs to existing Member Agencies. Upon approval by the ILJAOC Governing Board, a written amendment to this Agreement shall be executed by all of the existing Member Agencies, as well as the additional Member Agency. Should increased costs to existing Member Agencies be anticipated due to the addition of a new public agency, unanimous approval must be received from the governing bodies of the existing Member Agencies, as evidenced by approval of resolutions and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency.

6.02 Member Agencies have the right to withdraw from the ILJAOC. Such withdrawals, either voluntarily or involuntarily, shall be conditioned as follows:
a) Involuntary withdrawal shall mean those circumstances where a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance or reduction of the funding for personnel, services, or equipment by that Member Agency. b) In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prior to the end of a fiscal year except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement, or (ii) upon breach of this Agreement by the ILJAOC or any Member Agency, in which case the withdrawing Member Agency may withdraw effective at any time.
c) Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency’s notice of withdrawal), nor any liabilities imposed upon or incurred by the Member 19 Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal.
d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJAOC during the time period that the Member Agency provided personnel, services, or equipment under the ILJAOC direction.
e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJAOC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. The withdrawing Member Agency may also recover any other equipment no longer needed by the ILJAOC, including equipment it previously transferred to the ILJAOC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, but may not impose any conditions other than those listed.

V I I

T E R M I N A T I O N A N D D I S P O I S T I O N O F A S S E T S

7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds of the entire Board; provided, however, that no termination shall be complete and final until the ILJAOC has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC.

7.02 Termination shall occur upon:
a) The written consent of all Member Agencies; or
20 b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as determined by a twothirds vote of the remaining Board Members; and

1. Full satisfaction of all outstanding financial obligations of the ILJAOC; and

2. All other contractual obligations of the ILJAOC have been satisfied.

7.03 In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Agency of the ILJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the ILJAOC by said Member Agency, to the extent determined by the Board in its sole discretion to be fair and equitable.

7.04 Notwithstanding any other provisions of this Agreement, the Member Agencies agree to abide by the following procedure for selling of equipment in the event this Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board, which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement.

If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 4.06 (a), (b), and (c) of this Agreement, and any modifications to that formula adopted by the Board.

V I I I

M I S C E L L A N E O U S

8.01 Amendments
21 Except as otherwise specified in this Agreement, this Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the ILJAOC. An Amendment to this Agreement may be executed in any number of actual or digital counterparts. The counterparts together will be taken to constitute one and the same instrument. An Amendment will have effect upon execution by all Member Agencies.

8.02 Notices
Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid.

8.03 Effective Date
This Agreement shall be effective at such time as this Agreement has been executed by the majority of the voting Member Agencies enumerated in the introduction of this Amended Agreement.

8.04 Conflicts of Interest
No official, officer or employee of the ILJAOC or any Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation.

8.05 Mediation
a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJAOC, with respect to the ILJAOC's operations, or to any claims, disputes, demands, 22 differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation.
b) The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein.
c) Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees.

8.06 Partial Invalidity
If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

8.07 Successors
This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto.

8.08 Assignment
A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies.

8.09 Execution
The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively.

8.10 Entire Agreement
23 This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies.

Dated:
___________________________
CITY OF: ________________________
By: _____________________________
Title: ____________________________
ATTEST:
________________________________
Clerk of the City of ________________________
APPROVED AS TO FORM:
________________________________
City Attorney
Nicholas Ghirelli

Dear Seal Beach Chief of Police Michael Henderson and City Manager Jill Ingram:

The Board of Directors of the Integrated Law & Justice Agency for Orange County (“ILJ”) is seeking collaboration from Seal Beach to update the ILJ’s Restated and Amended Joint Powers Agreement (“JPA Agreement”).

The Board reviewed the existing JPA Agreement at its meeting on October 24, 2022 and recommended minor changes to further clarify the operation of the ILJ and its Voting Board. However, to adopt the recommended changes, the JPA Agreement requires unanimous approval from all Member Agencies.

Given that each Member Agency is governed by its own elected officials and approval procedures, we respectfully request that you route the attached amended JPA Agreement for review and approval by your agency.

Attached with this request, please find copies of the proposed amendments to the JPA Agreement and the ILJ staff report describing these changes in detail.

Should you have any questions, please do not hesitate to contact me.

Best Regards,
Mike James
Executive Director
Integrated Law & Justice Agency for Orange County
[email protected] | Cell: 949-283-0910
Integrated Law and Justice Agency for Orange County
- A Joint Powers Authority -
Don Barnes, Chair
Orange County Sheriff’s Dept
550 N. Flower Street
Santa Ana, CA 92703
714 647-1804
[email protected]
Robert Dunn, Vice Chair
Fullerton Police Dept
237 W. Commonwealth
Fullerton, CA 92832
714-738-6825
[email protected]
Mike James,
Executive Director
949 283-0910
[email protected]
Member Agencies
Cities of:

Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Laguna Beach
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Tustin
Westminster
County of Orange, on behalf
of:

District Attorney’s Office
Probation Department
Public Defender
Sheriff’s Department &
their contract cities
Superior Court of California,
County of Orange
California State University,
Fullerton Police Department
University of CA, Irvine Police
Department
1 CARNEY MEHR
A Legal Corporation

STAFF REPORT
TO: Board of Directors, Integrated Law & Justice Agency for Orange County FROM: Kendra L. Carney Mehr, Legal Counsel
DATE: October 24, 2022
RE: Amendments to ILJAOC’s Joint Powers Agreement
Introduction
It has been seven years since the ILJ last reviewed and modified its Joint Powers Agreement. Following a question from the Board regarding the order of voting alternates appointed by the Orange County Chiefs’ and Sheriff’s Association, the ILJ’s Executive Director, Recording Secretary, and Legal Counsel reviewed the Restated and Amended Joint Powers Agreement (the “Agreement”). The following describes the minor amendments proposed to further clarify the Agreement and ensure the practices of the Board conform with the requirements of the Agreement.

Background
The Member Agencies originally adopted the Joint Powers Agreement (the “Agreement”) on September 3, 2008. The Agreement was next amended on June 8, 2015. The Agreement governs the operation of the ILJ. The Agreement is executed by all Member Agencies. And, all Member Agencies must approve the proposed amendments.

Discussion
The following amendments to the Agreement are proposed:
• Page 1: The amendments list the date of the proposed amendment and clarify when the original Agreement was adopted.
2 • Page 2: The amendment adds the last date the Agreement was restated and amended. • Page 7:
o Section 3.01: The amendment clarifies the ongoing membership of the ILJ. o Section 3.02: The amendment confirms that the Orange County Chiefs’ and Sheriff’s Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than all six voting Board Members are present when a vote is called.
• Page 8:
o Section 3.02: This amendment clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall. o Section 3.03: This amendment requires that each Board Member shall have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates.
o Section 3.04: This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment.
• Page 11:
o Section 3.16: This allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board’s ability to appoint an Executive Director. • Page 22:
o Section 8.01: The amendment allows any future amendments to be executed in digital format, by digital signatures, and in counterparts. • Page 25: The amendment removes the requirement that an Agency’s mayor must execute an amendment to the Agreement in recognition of the fact that some or all Member Agencies may have delegated the ability to approve an amendment to the Agreement to a designee of the City Council, and that not all Member Agencies have a mayor.

Procedure
Should the Board approve the proposed amendments, or any portion of the proposed amendments, the Executive Director will prepare a packet for the Member Agencies to review and approve in accordance with their respective requirements.

Fiscal Impact
There is no fiscal impact to the ILJ as a result of this action. 3 Recommended Action
Review and approve the proposed amendments to the Joint Powers Agreement for further review and approval by the Members Agencies.

Agenda Item H

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Law Enforcement ISO ClaimSearch Access Memorandum of Understanding
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding.

BACKGROUND AND ANALYSIS:

The purpose of the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding is to provide Law Enforcement with a national data base to assist with investigations where the use of National Insurance Crime Bureau (NICB) could provide useful information.

The Seal Beach Police Department has been working with ISO ClaimSearch and NICB for numerous years, so this is an update to the terms and conditions of the prior agreements. By renewing the agreement with ISO ClaimSearch, it will ensure that both the City of Seal Beach and NICB are in compliance with the most current privacy laws. The Seal Beach Police Department with the use of Lexipol assist in regular update(s) to the Department’s Policy and Procedures to ensure we meet the privacy requirements set forth in this agreement.

ISO ClaimSearch provides critical information as it pertains to criminal matters within the city. ISO ClaimSearch has served a vital role for the City of Seal Beach providing timely and critical information related to criminal investigations within the community. In accordance with the agreement, the Seal Beach Police Department, Detective Sergeant will be the administrator with all rights to the ISO ClaimSearch.

The proposed agreement will remain in effect until terminated by either party with a 30-day written notice.

Page 2 ends

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7435 approving the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding.

SUBMITTED BY: NOTED AND APPROVED:

Michael Henderson Jill R. Ingram
Michael Henderson, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Michael Ezroj, Operations Captain
ATTACHMENTS:

A. Resolution 7435
B. ISO ClaimSearch Memorandum of Understanding
RESOLUTION 7435

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE LAW ENFORCEMENT ISO CLAIMSEARCH

MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Seal Beach has been using Law Enforcement ISO ClaimSearch, which is maintained by the National Insurance Crime Bureau (NICB), prior to the creation of the proposed memorandum of understanding (MOU); and, WHEREAS, the Seal Beach Police Department is a law enforcement agency whose mission is to protect and serve the people of the applicable jurisdiction; and, WHEREAS, The City Council desires to work with NICB to exchange information and data that will allow both parties to more easily detect and prevent insurancerelated crime and fraud; and, WHEREAS, Verisk Analytics Inc. (“Verisk”) owns ISO ClaimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to ISO ClaimSearch on the condition that NICB pass through certain terms to the law enforcement agency.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council approves the Law Enforcement ISO ClaimSearch Access Memorandum of Understanding.

Section 2. The City Council hereby authorizes the City Manager or their designee to execute the Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August 2023 by the following vote:

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

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7435 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August 2023.

Gloria D. Harper, City Clerk
1 LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS

MEMORANDUM OF UNDERSTANDING
This Law Enforcement ISO ClaimSearch Access Memorandum of Understanding (“MOU”) is made and entered into by and between the National Insurance Crime Bureau (“NICB”), an Illinois not-for-profit corporation located at 1111 E. Touhy Avenue, Suite 400, Des Plaines, Illinois 60018 and the law enforcement agency identified on the signature page hereto (“Agency”) (“NICB” and, together with “Agency,” hereafter referred to from time to time individually as “Party” or collectively as “the Parties”) and is effective as of the date of the last signature to this Agreement (“Effective Date”).

RECITALS
WHEREAS, NICB is an Illinois not-for-profit corporation dedicated to fighting insurancerelated crime and fraud, and gathering and disseminating information related to insurance crime and fraud for the benefit of NICB member companies, law enforcement, regulatory authorities and the general public; and
WHEREAS, Verisk Analytics Inc. (“Verisk”) owns ISO ClaimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to ISO ClaimSearch on the condition that NICB pass through certain terms to the law enforcement agency;
WHEREAS, Agency is a law enforcement agency whose mission is to protect and serve the people of the applicable jurisdiction; and
WHEREAS, NICB and Agency desire to work together to exchange information and data that will allow both Parties to more easily detect and prevent insurance-related crime and fraud; NOW THEREFORE, in consideration of the promises and obligations contained in this MOU, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Access. Subject to the terms of this MOU, during the Term, NICB hereby grants to Agency a non-exclusive, non-transferable, non-assignable, limited, revocable right to allow employees with access credentials within their organization the right to access and use the ISO ClaimSearch for: (1) investigating or prosecuting crime, including but not limited to insurance-related crime and fraud; and (2) investigating or prosecuting individuals relevant to homeland security activity. (collectively the “Purpose”).

2. Access Credentials. In order to access the ISO ClaimSearch, Agency must appoint an administrator (“Administrator”) to receive access credentials to the ISO ClaimSearch.

The Administrator, in turn, may designate individuals employed by Agency (“Designees”) to receive access credentials to ISO ClaimSearch.

3. Confidentiality.

A. All non-public information and data contained within ISO ClaimSearch pursuant to this Agreement shall be considered as confidential information 2 (“Confidential Information”). Confidential Informational shall be held in the strictest confidence and shall not be released, disseminated, used, accessed, copied, shared, transferred, or disclosed by Agency, except as strictly necessary for the Purpose.

B. Confidential Information shall not include any information, however designated or marked, that: (i) is publicly available, or subsequently becomes publicly available, after the time it was communicated to the recipient through no breach of this MOU by the recipient; (ii) was in the recipient’s possession free of any obligation of confidence prior to being communicated to the recipient by the disclosing party, or is in the recipient’s possession free of any obligation of confidence subsequent to the time it was communicated to the recipient by the disclosing party; (iii) is independently developed by employees or agents, without use of the data contained in the ISO ClaimSearch, of the recipient and can be so proven by recipient; or (iv) is obtained by the receiving party from a third party lawfully in possession of such information and without a breach of such third party’s obligations of confidentiality.

C. It shall not be a violation of Section 3 of this MOU for Agency to disclose Confidential Information as required by standard legal procedure in order to prosecute crime. Further, disclosure is permitted in response to a lawful subpoena or other legal process served upon Agency or where applicable law requires the disclosure of Confidential Information, provided that: (i) if not prohibited under applicable law, Agency, prior to disclosing such information, gives reasonable written notice to NICB sufficient to permit NICB to seek a protective order if it so chooses; and (ii) in all cases, Agency discloses only that information that is legally required to be disclosed. For clarity, any of the Confidential Information Agency discloses pursuant to this Section 3. c. shall remain subject to the confidentiality requirements under this MOU for all other purposes.

4. Agency Obligations. In exchange for access to ISO ClaimSearch, the Agency agrees to comply with the following obligations:

A. Administrator. Agency shall appoint an Administrator who shall be identified to NICB and shall be responsible for adding or removing Designees, as appropriate, as well as maintaining a list of active Designees. No Designee may be granted access to ISO ClaimSearch without Administrator approval. The Administrator shall be the Agency contact responsible for fulfilling Agency obligations required under this MOU.

B. Designees. Designees shall be restricted to active Agency employees who: (1) are in good standing and not under suspension for any criminal or civil violation, or under active criminal investigation or indictment (“Good Standing”); and (2) have a need to know the Confidential Information for the Purpose.
3 C. Vetting. Agency shall have in place a vetting process to ensure minimum standards for each Designee to qualify for access to ISO ClaimSearch are met, including the following determinations for each Designee:
i. the Designee’s need for access;
ii. which level of access is required for the Designee and for what purpose; iii. ensuring Designee’s access conforms to this Agreement; iv. ensuring Designee’s access is based on the Designee’s need to know in order to carry out the Purpose; and
v. documenting the above determinations.

D. Responsibility. The Administrator shall be responsible for, and shall supervise and control, all Designee access to ISO ClaimSearch. The Administrator shall implement an internal process whereby Designee usage is documented and monitored to ensure that that Designee usage conforms with the Purpose and this MOU. Agency shall immediately notify NICB of any access or usage of ISO ClaimSearch that does not comply with this Agreement and shall prohibit Designee from any further access or usage of ISO ClaimSearch until future access is expressly approved, in writing, by NICB.

E. Training. Agency shall ensure that Designees complete all training and certifications required in order to gain access; and all periodic training either assigned by NICB, the ISO ClaimSearch platform, or otherwise in order to maintain access.

F. Termination of Access. Agency shall immediately terminate Designee’s access to ISO ClaimSearch:
i. when Designee’s is no longer employed by Agency;
ii. when Designee no longer has a legitimate Purpose to have access to ISO ClaimSearch; or
iii. if a Designee is no longer in Good Standing.

G. Privacy and Security Policies. Agency will, at all times, ensure that access and use of ISO ClaimSearch complies with the NICB Privacy and Security Policy, and the ISO Privacy and Security Policies, including any updates and amendments that may be issued from time to time.

H. Controls for the Protection of Confidential Information. Agency shall maintain during the term of this MOU, and at all times thereafter in which Agency maintains Confidential Information in its possession or control, an information security program that provides for the administrative, technical, and physical safeguards designed to adequately protect the security and confidentiality of Confidential Information in Agency's possession or control in accordance with 4 applicable federal, state and local laws, rules, and regulations. At a minimum, Agency’s safeguards for the protection of Confidential Information shall include:
i. limiting access of Confidential Information to authorized employees; ii. maintaining an adequate network firewall;
iii. securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including but not limited to devices with information storage capability;
iv. implementing secure storage and disposal of Confidential Information; v. implementing authentication, and access controls within operating systems and equipment; and
vi. implementing appropriate personnel security and integrity procedures and practices, including conducting background checks consistent with applicable law and providing appropriate privacy and information security training to Agency employees.

5. Audits. NICB may issue a security assessment questionnaire and conduct independent onsite security assessments of Agency related to Agency’s compliance this Agreement. For any onsite inspection, NICB will provide at least 30 days prior written notice. Such assessments shall not occur more than once per calendar year, at a time that minimizes operational interruptions to Agency. Agency’s failure to adequately respond in a timely manner to a security assessment questionnaire, timely submit to an onsite inspection, or timely or adequately, in NICB’s sole determination, remedy any compliance or security concern raised by NICB, may result in immediate suspension of Agency’s ISO ClaimSearch access pursuant to Section 10 of the MOU.

6. Security Breach.

A. Notification. Agency shall promptly, but in no case later than 48 hours, notify NICB of any confirmed or based on a good faith determination by NICB or Agency there is a significant risk to Confidential Information unauthorized or improper access to or use or disclosure of Confidential Information while in the possession or control of Agency, its Administrator or its Designees (“Security Breach”).

B. Mitigation and Cooperation. Agency shall promptly implement steps to remediate and mitigate the effects of any Security Breach. Agency shall cooperate with reasonable requests for information from NICB or its representatives regarding the Security Breach. To the extent possible, Agency shall promptly provide a written description of the number of individuals' data involved, the location (i.e., State) of the individuals, the amount of data involved, the type of data involved and any other relevant information 5 reasonably requested by NICB or as otherwise required to be provided by applicable law.

7. Representations and Warranties. Agency represents and warrants the following:

A. Agency is a professional, reputable, and trustworthy organization that serves the public.

B. Agency is not under suspension for any criminal or civil violation; or under active criminal investigation or indictment.

C. Agency will not provide access to any Designee who is not in Good Standing.

D. Agency, its Administrator, and its Designees have a justifiable reason for requiring access to ISO ClaimSearch that is consistent with the Purpose.

E. Agency either (a) has an established working relationship with NICB, or (b) will take steps in order to establish a new relationship with NICB.

F. Agency agrees to comply with all applicable federal, state, and local data privacy and security laws, rules and regulations, and applicable industry standards related to or concerning the protection of data.

8. Indemnity. To the extent permissible by law, Agency shall indemnify, defend and hold NICB harmless from all third-party lawsuits, claims, liabilities, damages, settlements, judgments, or expenses, including NICB’s costs and reasonable attorney fees, which arise as a result of Agency’s material breach of this Agreement, negligent acts or omissions, or willful misconduct.

9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within ISO ClaimSearch is provided “AS IS, WHERE IS” and intended to be used as investigative leads only, in support of investigations of criminal activity in accordance with the Purpose. Agency should not make prosecution decisions based solely upon information contained in ISO ClaimSearch. NICB HEREBY DISCLAIMS ALL

WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT

LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION CONTAINED WITHIN ISO CLAIMSEARCH.

10. Term and Termination.

A. Term. This MOU shall commence as of the Effective Date and will remain in effect until either Party terminates this MOU by providing 30 days’ written notice to the other party of the termination whereupon the MOU will terminate at the end of the 30-day notice period.

B. Immediate Termination. NICB may immediately terminate this MOU if the Agency materially breaches its obligations under this MOU.

11. Survival. Upon termination of this MOU, the provisions of this MOU concerning the ongoing interests of the parties shall continue and survive in full force and effect. 6 12. Assignment. Neither Party may assign or transfer any rights or obligations under this MOU without the prior written consent of the other Party. Any attempt to transfer all or part of either Party’s rights or obligations without such consent is null and void and of no effect.

13. Notices. All notices between the parties will be in writing and will be delivered as follows, with notice deemed given as indicated (a) by personal delivery, when delivered personally; or (b) by overnight courier, upon the courier’s confirmation of delivery. In either case, a copy shall be sent via email. Notices to the Agency will be sent to the email and address provided by Agency at the time of application for credentialing.

Notices to NICB will be sent to the addresses, including e-mail addresses, set forth as follows, or such other address as is provided by notice as set forth herein:

National Insurance Crime Bureau
1111 E. Touhy Avenue, Suite 400
Des Plaines, Illinois 60018
Attn: General Counsel
Email: [email protected]; [email protected]

14. Severability. Any term or provision of this MOU held to be illegal or unenforceable will, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof will not be affected.

15. No Waiver. The waiver of, or failure to enforce, any breach or default hereunder will not constitute the waiver of any other or subsequent breach or default.

16. No Joint Venture. The relationship of the parties hereunder will be that of two independent contracting parties, and nothing herein will be deemed to create a joint venture, partnership, agency or employer/employee relationship. In no event will either party be permitted to make any MOU, or represent that it is authorized to make any MOU, on behalf of the other party, without the prior written consent of such other party.

17. Entire Agreement. This MOU sets forth the entire agreement between the parties related to the subject matter herein, and supersedes any and all prior agreements, proposals, understandings, discussions, MOUs, and representations between them, whether written or oral. This MOU may be changed only by mutual MOU of the parties in writing. This MOU may be executed in counter-parts with electronic signatures to be deemed valid and binding.
[Signatures immediately to follow on page 7 of 7]
7 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by their duly authorized representatives.

National Insurance Crime Bureau
Signed:

Name:

Title:

Date: __________________________________
Agency: _______________________________
ORI or ORIs to which this MOU applies:

Signed:_______________________________
Name: _______________________________
Title: _______________________________
Email: ________________________________
Date: _________________________________
Agenda Item I

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Professional Maintenance Agreement with BrightView Landscape
Services, Inc. for City-Wide Landscape Maintenance
Services; and Approving and Authorizing Amendment No.
2 to the Public Works Agreement with So Cal Land
Maintenance, Inc. for Landscape Maintenance
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7436:

1. Awarding a Professional Maintenance Agreement to BrightView Landscape Services, Inc., in a not-to-exceed amount of $848,020.57 per year to provide city-wide landscape maintenance services for a three-year term; and,

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

3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $848,020.57 per additional term; and,

4. Rejecting all other proposals; and,

5. Approving Amendment No. 2 to the Public Works Agreement dated May 29, 2018, with So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not-to-exceed amount of $60,000 for those additional services; and,

6. Authorizing the City Manager to execute Amendment No. 2.

BACKGROUND AND ANALYSIS:

The City currently maintains 16 public parks, 6.5 miles of landscaped medians, parkways, and community facilities that require maintenance services to upkeep

Page 2 ends

the health, cleanliness, safety, and beauty of the landscape. The maintenance services to be provided from this agreement include general landscape maintenance, turf maintenance, athletic turf field maintenance, playground maintenance, litter/trash collection, irrigation system maintenance, and new landscape planting.

The City’s most recent landscape maintenance services agreement has expired.

Accordingly, a City-Wide Landscape Maintenance Services Request for Proposal (RFP) was issued on May 2, 2023. On May 18, 2023, a pre-bid conference was held with ten (10) potential bidders in attendance. On June 5, 2023, the City received seven (7) proposals in the following amounts:

Rank Contractor Bid Amount
1 BrightView Landscape Services $848,020.57
2 Parkwood $849,674.00
3 So Cal Land Maintenance $858,638.07
4 Merchants Landscape Maintenance $944,564.47
5 Stay Green $1,119,684.70
6 Monarch Landscape Companies $1,237,932.46
7 Priority Landscape Services $1,292,035.00
The proposal for these services is comprised of two main components: scheduled landscape maintenance services and extra work. The cost breakdown for both components are as follows:

Contractor
Scheduled
Landscape
Maintenance
Extra Work Total Bid
Amount
BrightView Landscape
Services $659,564.62 $188,455.99 $848,020.57
Parkwood $699,324.00 $150,350.00 $849,674.00
So Cal Land Maintenance $703,009.28 $155,628.79 $858,638.07 Merchants Landscape
Maintenance $747,973.83 $196,590.64 $944,564.47
Stay Green $595,368.00 $524,316.70 $1,119,684.70
Monarch Landscape
Companies $756,689.00 $481,243.46 $1,237,932.46
Priority Landscape
Services $986,400.00 $305,635.00 $1,292,035.00
Scheduled landscape maintenance work includes routine maintenance services.

Extra work includes the installation of new plant material, repair of irrigation systems, and installation of new trees. Unit bid prices control what the City pays for routine maintenance as well as extra work. Extra work is completed only on an as-needed basis at the direction of the City and in conjunction with funding

Page 3 ends

availability. The bid item quantities identified in the extra work bid component are estimates used for determining the lowest proposal received for this work. The actual quantities used for extra work will vary year to year based on deterioration, vandalism and other factors outside the City’s and contractor’s control.

An evaluation panel reviewed the proposals and rated them according to the evaluation criteria set forth in the RFP, which included relevant experience, references, and cost, amongst other factors. The top three (3) vendors were subsequently invited for an in-person interview for further qualification evaluation.

Based on the above noted selection process, staff recommends selecting BrightView Landscape Services, Inc. (BrightView Landscape) as the most qualified to provide the City’s landscape maintenance services.

The initial term of the agreement will expire on September 1, 2026 and the annual cost amounts to $848,020.57 per year for an original 3-year term limit. If approved, the initial term of the contract shall commence on September 1, 2023 and includes two additional one-year extensions available based on contractor performance and at the discretion of the City.

The City’s previous landscape maintenance agreement with So Cal Land Maintenance, Inc. (So Cal) expired on July 22, 2023. Amendment No. 2 to the Public Works Agreement would allow So Cal to continue landscape maintenance services up to the effective date of the agreement with BrightView Landscape. The City would pay So Cal in accordance with the fee schedule established in the Public Works Agreement dated May 29, 2018, and in no event would the City pay more than $60,000 for the term.

ENVIRONMENTAL IMPACT:

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

Landscape maintenance complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (h) as the work involves maintenance of existing landscaping.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

Page 4 ends

FINANCIAL IMPACT:

Sufficient funding has been allocated in the FY 2023-2024 Budget. Funding for subsequent years will be programmed into future operations and maintenance budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7436:

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

3. Authorizing the City Manager the option to extend the Agreement up to two (2) additional one-year terms after its original term for a not-to-exceed amount of $848,020.57 per additional term; and,

4. Rejecting all other proposals; and,

6. Authorizing the City Manager to execute Amendment No. 2.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Sean Sabo, Management Analyst
ATTACHMENTS:

A. Resolution 7436
B. Amendment No. 2 with So Cal Land Maintenance, Inc.

C. Agreement with BrightView Landscape Services, Inc.

RESOLUTION 7436

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL MAINTENANCE

AGREEMENT WITH BRIGHTVIEW LANDSCAPE
SERVICES, INC. FOR CITY-WIDE LANDSCAPE

MAINTENANCE SERVICES AND APPROVING AND
AUTHORIZING AMENDMENT NO. 2 TO THE PUBLIC

WORKS AGREEMENT WITH SO CAL LAND
MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE
WHEREAS, the City owns and maintains a number of medians, parkways, facilities and parks that require contract landscape maintenance services to maintain the cleanliness and appeal of City landscape; and,
WHEREAS, on May 29, 2018, the City Council approved a Public Works Agreement for Landscape Maintenance Services with So Cal Land Maintenance, Inc. which has since expired as of July 22, 2023; and,
WHEREAS, on May 2, 2023, the City issued a Request for Proposal for City-Wide Landscape Maintenance Services; and,
WHEREAS, on June 5, 2023, the City received seven (7) proposals; and, WHEREAS, BrightView Landscape Services, Inc. was deemed responsive and most qualified; and,
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby awards a three (3) year Professional Maintenance Agreement (“Agreement”) to BrightView Landscape Services, Inc. in a not-to-exceed annual amount of $848,020.57 per year for the Original Term to provide City-Wide Landscape Maintenance Services.

Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City, pursuant to the BrightView Landscape Services, Inc. proposal dated June 5, 2023.

Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with BrightView Landscape Services, Inc. for up to two (2) additional one-year terms, at her discretion, in a not to exceed amount of $848,020.57 per one-year term extension.

Section 4. The City Council hereby rejects all other proposals.

Section 5. The City Council hereby approves Amendment No. 2 dated August 14, 2023 to the Agreement dated May 29, 2018, and later amended as Amendment No. 1 on October 25, 2021, between the City of Seal Beach and So Cal Land Maintenance, Inc. to provide additional landscape maintenance services for the time period extending through August 31, 2023 for a not-to-exceed amount of $60,000 for those additional services.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of Augus, 2023 by the following vote:

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

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7436 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023.

Gloria D. Harper, City Clerk
AMENDMENT NO. 2

PUBLIC WORKS AGREEMENT
For
Landscape Maintenance
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
So Cal Land Maintenance, Inc.,
2965 E. Coronado Street
Anaheim, CA 92806
(714) 231-1454
This Amendment No. 2, dated August 14, 2023, amends that certain Public Works Agreement for Landscape Maintenance Services (“the Agreement”) dated May 29, 2018, as previously amended by Amendment No. 1 dated October 25, 2021, by and between the City of Seal Beach (“City”), a California charter city and, So Cal Land Maintenance, Inc. (“Contractor”), a California corporation, (collectively, “the Parties”).

DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1

RECITALS
A. City and Contractor are parties to the Agreement, as amended by Amendment No. 1 and extensions previously elected by City, pursuant to which Contractor provides landscape maintenance services for City through July 22, 2023.

B. City and Contractor wish to amend the Agreement for Contractor to provide additional landscape maintenance services for the time period extending through August 31, 2023, and to pay Contractor’s compensation in the not-to-exceed amount of $60,000 for those additional services, as provided herein.

AMENDMENT NO. 2
NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:

Section 1. Section 2.0 (Term) of the Agreement is hereby amended to read as follows:
“The term of this Agreement shall commence as of the Effective Date and shall continue through August 31, 2023, unless previously terminated as provided by the Agreement.”
Section 2. Section 3.0 (Contractor’s Compensation) of the Agreement is hereby amended to read as follows:
“3.0 Contractor’s Compensation
Except as otherwise provided in Subsection 3.1, City will pay Contractor in accordance with the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $60,000 for the Term. Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B.

3.1. For the additional services to be provided pursuant to Amendment No. 2, City will pay Contractor in accordance with the rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than $60,000 for said extension covered by Amendment No. 2.”
Section 3. All references to the term “Agreement” throughout Sections 1.0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated May 29, 2018, Amendment No. 1 dated October 25, 2021, Letter Extension dated June 1, 2021, Letter Extension dated August 1, 2022, and this Amendment No. 2, dated August 14, 2023, as if all of those terms are fully set forth therein.

DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 Section 4. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between Exhibit A, Exhibit B, the provisions of Amendment No.1, Exhibit B-1, the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

Section 5. The persons executing this Amendment No. 2 on behalf of Contractor each warrant that he or she is duly authorized to execute this Amendment No. 2 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 2.

DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto:

CITY OF SEAL BEACH
By:

Jill R. Ingram, City Manager
Attest:

By:

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

By:

Nicholas R. Ghirelli, City Attorney
CONTRACTOR: So Cal Land
Maintenance, Inc., a California
corporation
By:

Signature
Name: __________________________
Title:____________________________
By:

Signature
Name:___________________________
Title:____________________________
DocuSign Envelope ID: F3E34267-C698-45E3-975F-3C05614E41C1 Steve Guise
President

MAINTENANCE SERVICES AGREEMENT
for
City-Wide Landscape Maintenance Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
BrightView Landscape Services Inc.
1420 S. Allec St.

Anaheim, CA 92805
(951) 533-4611
This Maintenance Services Agreement (“the Agreement”) is made as of September 1, 2023 (the “Effective Date”), by and between BrightView Landscape Services, Inc. (“Contractor”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain landscape maintenance services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on May 2, 2023, titled “City-Wide Landscape Maintenance Services.” Contractor submitted a proposal dated June 5, 2023 in response to the RFP.

C. City desires to engage Contractor to carry out the Services in the manner set forth herein and more fully described in Section 1.0.

D. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #266211), and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

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

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

AGREEMENT

1.0 Scope of Services

1.1. Contractor shall provide those landscape maintenance services (collectively “Services”) in the Request for Proposals attached hereto as Exhibit A, Contractor’s Proposal attached hereto as Exhibit B, and Labor Law Provisions attached hereto as Exhibit C, all which such exhibits are incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, Exhibit C, and this Agreement, this Agreement shall control.

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

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

1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor 3 of 21
hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor’s work by the City shall not operate as a release of Contractor from such standard of care and workmanship.

1.5. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the Scope of Services to be performed, including all City Facilities, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

1.6. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council as specified in Subsections 3.2 and 3.3. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on September 1, 2026, unless sooner terminated or extended as provided by this Agreement.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two (2) additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from September 1, 2026 through and including September 1, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from September 1, 2027 through and including September 1, 2028, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives.

3.0 Contractor’s Compensation

3.1. In consideration of Contractor’s performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on 4 of 21
the bid schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) per year for the Original Term.

3.2 Payment for any additional work authorized by the City during the Original Term pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, and in consideration of Contractor’s performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the rates shown on the bid schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-toexceed annual amount of $848,020.57 (eight hundred forty-eight thousand twenty dollars and 57/100) for each one-year extension. Payment for any additional work authorized by City pursuant to Subsection 1.6 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment

5.0 Termination

5.1. Termination by City.
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5.1.1. This Agreement may be terminated by City, without cause, upon giving Contractor written notice thereof not less than 30 days prior to the date of termination.

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

5.2. Termination by Contractor.

5.2.1. This Agreement may be terminated by Contractor based on reasonable cause, upon giving City written notice thereof not less than 90 days prior to the date of termination.

5.2.2. This Agreement may be terminated by Contractor, without cause, upon giving City written notice thereof not less than 180 days prior to the date of termination.

5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement upon the date of termination indicated in the notice of termination issued by City under Subsection 5.1, or upon the date of termination indicated in Contractor’s notice of termination issued to City under Subsection 5.2. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

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

6.2. Diego Barrera is the Contractor's primary representative for purposes of this Agreement. Diego Barrera shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient 6 of 21
time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: BrightView Landscape Services, Inc.
1420 S. Allec St.

Anaheim, CA 92805
Attn: Diego Barrera

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

9.0 Independent Contractor

9.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of 7 of 21
City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor’s choice, except (1) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

9.4. In addition to all other provisions of this Agreement, Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to 8 of 21
promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law (“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, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

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

11.0 Confidentiality

11.1. Contractor covenants that all data, notes, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, computer files, electronic files, discussion, information, or other Work Product (as defined in Subsection 12.1) developed or prepared by Contractor or provided to Contractor for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, directors, employees, agents, and/or 9 of 21
subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City notice of such court order or subpoena.

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

12.0 Ownership of Work Product

12.1. Unless otherwise agreed upon in writing, all draft and final reports, drawings, specifications, documents, and other written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor’s consent, provided that Contractor will not be held liable for any use, reuse or modification of the City-owned Work Product for purposes outside this Agreement. Contractor shall not obtain or attempt to obtain copyright protection as to any Work Product.

12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 12.1.
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12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Contractor shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

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

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

14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or interests, or delegate any of its duties, under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, 11 of 21
hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

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

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

17.0 Insurance

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for 12 of 21
the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability with minimum limits of no less than $1,000,000 per accident and in the aggregate for bodily injury or disease.

17.4. Additional Insured.

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

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

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

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

17.9. Waiver of Subrogation. Each insurance policy maintained or procured pursuant to this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.
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17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under any provision of this Agreement.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Contractor’s Duty.

18.1.1. General Indemnities. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, suits, judgments, penalties, bid protests, stop notices, liens, losses and injuries of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities” in this Agreement), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. For Liabilities arising out of “design professional services” as defined in Civil Code Section 2782.8(c), and in accordance with Civil Code Section 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor’s proportionate percentage of fault.

18.1.3. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from 16 of 21
each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, directors, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractors shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section 18.0 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities asserted against City or any of the other Indemnitees.

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

19.0 Non-Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, national origin, handicap, ancestry, sex, gender, sexual 17 of 21
orientation, gender identity, gender expression, marital status, age, physical disability, mental disability, medical condition, genetic information, military or veteran status or any other basis prohibited by law.

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

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

22.0 Non-Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

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

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

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this 18 of 21
Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

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

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

28.0 Prohibited Interests; Conflict of Interest

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

28.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.
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28.3. Contractor 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 Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section 28.0.

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

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

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

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

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

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

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

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

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

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

EXHIBIT A
Request for Proposals
for
City-Wide Landscape Maintenance Services
City of Seal Beach
Request for Proposals
for
City-Wide Landscape Maintenance Services
RFP responses to be received until
12:00 P.M., June 5, 2023
in the Public Works Department
ATTN: Sean Sabo, Management Analyst
Approved for Advertising:

Iris Lee
Director of Public Works
Date Issued: May 2, 2023
ii
Table of Contents
I. INTRODUCTION
II. QUALIFICATIONS
III. SCOPE OF SERVICES
IV. PRE-PROPOSAL CONFERENCE AND QUESTIONS
V. SCHEDULE
VI. SUBMITTAL REQUIREMENTS
VII. FEE AND COST PROPOSAL
VIII. INTERVIEW
IX. SELECTION PROCESS
X. SPECIAL PROVISIONS
XI. GENERAL CONDITIONS
EXHIBIT A – Contract Scope of Services
EXHIBIT B – City Landscape Area Map
EXHIBIT C – Sample Contract
EXHIBIT D – Price Proposal
3 REQUEST FOR PROPOSALS FOR

CITY-WIDE LANDSCAPE MAINTENANCE SERVICES
ALL INTERESTED PARTIES MUST REGISTER THROUGH PLANETBIDS. COMMUNICATION

AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA THE PLANETBIDS PORTAL.

I. INTRODUCTION
The City of Seal Beach (“City”) Public Works Department is requesting proposals from qualified contractors to provide professional landscape maintenance as detailed in the Scope of Services. General items of work include mowing, aeration, mulching, turf maintenance, irrigation repair & timing, hand weeding, litter pickup, raking, plant maintenance, minor tree maintenance, and hand watering.

The objective of this Request for Proposal (“RFP”) solicitation is to identify the qualified contractor to provide the requested services for an anticipated term of three (3) years, with two (2) possible one (1) year extensions. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals.

II. QUALIFICATIONS
Minimum Qualifications
 Minimum of seven (7) years of experience in professional landscape maintenance services.  Experience and/or demonstrated ability to provide satisfactory services.  The successful bidder and any subcontractor(s) must possess a current and valid California contractor’s license(s) in the classification(s) required by law to perform the work (C-27 Landscape Contractor License).
 Licensed California Pest Control Advisor on staff.
 Local staffing able to respond to an emergency call-back within 30 minutes, and able to deploy the appropriate resources to respond within two (2) hours after being contacted by the City.  Valid City of Seal Beach business license for the term of the Agreement, if selected.  Maintain, or have the ability to quickly acquire, all necessary materials, labor, equipment, and other incidental and appurtenant work necessary for the landscape maintenance services. 4 Desirable Qualifications
 Knowledge and experience with the City of Seal Beach’s standards, provisions, and practices.

III. SCOPE OF SERVICES
The City of Seal Beach intends to obtain the services of a qualified firm to provide the services as outlined below. Best industry practices and/or best management practices may require additional services not explicitly enumerated. The proposer should identify any additional services required, price them, and explain them in their response.

Project Scope
See Exhibit A.

Contractor Responsibilities

1. Contractor shall be responsible for completing all work as specified in Scope of Services.

2. Contractor shall designate a single point-of-contact with decision making authority for Work under this Contract, and shall be available during regular business hours.

3. Contractor shall prohibit any persons other than those designated and employed by the Contractor to accompany landscaping staff for Work.

4. Contractor shall provide all equipment, labor, supervision, method of processes, and materials necessary to complete the Work. Contractor shall keep all materials and equipment neat, clean, and readily available at all times.

5. Contractor shall provide all materials of good quality, as approved by the City, and in the amounts necessary to fulfill the Contract requirements and to accomplish an acceptable and professional level of service.

6. Contractor shall bring to the attention of the City any defective or inoperative equipment no later than the following day after discovery.

7. Contractor shall be responsible for securing any and all locks after work has been completed.

8. Contractor shall promptly and properly dispose of all debris accumulated as a result of landscaping.

9. Contractor shall be responsible for timely payment of any subcontractor, material persons, workers, and suppliers.

10. Contractor shall have a valid City of Seal Beach business license for the term of the Contract, if selected. 5 Billing Form, Records and Reports
 Contractor shall furnish and maintain daily logs and records for all landscaping areas. The records shall include the name of supervisor, date, time in/time out, location, work performed, at a minimum. The format of said records shall be approved by City prior to use.  Contractor shall provide a copy of any or all records to City upon request.  Contractor shall maintain such record through the term of the Contract, plus three (3) years after Contract termination.
 Contractor shall provide a billing form and progress payment form approved by the City.

Protection from Damage
 Contractor shall protect all public and private property that is not part of Work.  Contractor is liable for any damages as a result of its staff using improper techniques and/or materials.

Contractor shall repair such damage at Contractor’s sole expense.

Withholding of Payment
 In the case that work scheduled for performance is not performed, or does not meet the quality standards as required by the City, the City may allow the Contractor to correct the deficiencies without penalty either during the next scheduled shift, or at a time mutually agreed upon. In the case that deficiencies are not corrected as required, the City will impose a deduction from the Contractor’s following monthly invoice a fee to be determined by the City based on required performance, not to exceed $500.00 per individual occurrence, per location.

Personnel
The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Contract.
a. Contractor’s Staff
 The Contractor shall require each of his/her employees to adhere to basic standards of working attire.

These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes shirts shall be worn at all times.
 The Contractor must employ sufficient personnel to perform all work as scheduled and approved by the City, including Contractor personnel transition periods. b. Supervision
 Contractor shall ensure a minimum of one (1) English-speaking employee working with each landscaping crew at any time.
6  Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the staff performing the Work. c. Typical Tasks
Contractor shall supply his/her staff with the necessary skills to perform duties in connection with Work contemplated under this Contract.
d. Knowledge and Abilities
All analyses and procedures shall be performed in a manner approved by the City and the State Health Department, including suitable experience in the field to perform the required Work in a safe and thoughtful manner.

Equipment
The Contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Contract. City may make available to Contractor selected equipment for the purposes of performing the Work. City may revoke ability to use said equipment at its discretion without notice and/or compensation to the Contractor.
a. Equipment
 All equipment used by the Contractor shall be maintained in a clean appearance and in good operable condition. All equipment shall also be properly adjusted, from an operational safety standpoint.  All equipment used by the Contractor shall adhere to Seal Beach Municipal Code Chapter 7.15 (Noise). b. Vehicles
 Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor’s employees.

Emergency Service Contact Information and Response
The Contractor shall provide the City at all times throughout the duration of this Contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition.

Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call-out by the Contractor shall not be more than 30 minutes, deployment of appropriate resources to respond within two (2) hours, and shall be considered part of the normal Contract except when delayed by problems caused by vehicle accidents or Acts of God. 7 Progress of Work
Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner.

The Contractor shall endeavor to avoid service interruptions to the extent feasible. Any exceptions shall be approved by the City.

Alterations
 The City reserves the right to increase, decrease, add, delete, and alter any item or portion of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from the Work, as may be determined during the progress of the Work to be necessary. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as modified.  In the event that a location is closed for repair, construction, emergency, or any other event(s) where Work cannot be performed, City will notify Contractor of such closure five (5) business days in advance.

Extra Work

1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk.

2. Extra services shall be negotiated on a time-and-material basis with a “not to exceed” amount.

IV. PRE-PROPOSAL CONFERENCE AND QUESTIONS
A mandatory pre-proposal conference is scheduled for 10:00 a.m., Thursday, May 18, 2023 at the Seal Beach City Yard, 1776 Adolfo Lopez Dr., Seal Beach, CA 90740. All prospective bidders must attend. At this time the City will respond to all questions and address clarifications relative to the RFP process.

For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:

Joseph Talarico
Maintenance Services Supervisor
Department of Public Works
1776 Adolfo Lopez Drive
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1318
The City will respond to all questions and requests for clarification received by May 31, 2023.

V. SCHEDULE
The following dates reflect the anticipated schedule:
 Request for Proposal Solicitation 05/02/2023
 Mandatory pre-proposal conference 05/18/2023
8  Pre-Proposal Question Deadline 05/31/2023
 Proposal Submittal Deadline 06/05/2023, 12:00p.m.
 Contractor Interviews June 2023
 Contract Award by City Council July 2023
 Notice to Proceed July 2023
VI. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 12:00 PM on June 5, 2023 to the following. Postmarks will not be accepted.

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor’s Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor.

All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City.

Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). 9 Information to be Submitted
The following information shall be provided, at a minimum:

Cover Letter
Table of Contents
Company Qualifications
Local Staffing List
Certifications
Understanding/Approach
References
Fee & Cost Proposal
Exceptions
Business Entity
Contract Signatories
Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm’s authorized representative regarding this RFP.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.

Company Qualifications: Provide a summary of the Contractor’s qualifications, including background and experience.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor’s firm and the Contractor’s project manager.

Certifications: Provide a copy of a current and valid California contractor’s license(s) in the classification(s) required by law to perform the work (C-27 Landscape Contractor License).

Understanding/Approach: Describe the Contractor’s understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project.

Any task assumptions and/or exclusions shall be clearly identified.

References: Contractor should provide a minimum of three (3) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum:
 Agency name
 Scope of work and/or services provided, prime/sub-Contractor.  Contract outcome
 Contract value
 Dates
 Client project manager name, valid telephone number, and email Fee & Cost Proposal: Contractors will be required to submit a “Price Proposal” as shown in Exhibit D.

Additional labor and material rates may be provided in addition to Exhibit D. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit D. 10 Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City’s standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.

Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation).

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

VII. FEE AND COST PROPOSAL
Before responding and submitting a proposal, it will be the responsibility of the Contractor to visit and familiarize him/herself with each location to determine the work to be done. An mandatory pre-proposal meeting is scheduled to facilitate this process.

In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following:

1. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year.

2. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor.

VIII. INTERVIEW
Top ranked Contractor team(s) will be interviewed by the selection committee. Proposed key personnel from the Contractor’s team may be requested to present the teams’ and their qualifications at an interview.

IX. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.

The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 11 POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.

2. Qualifications & Experience (50 points)
a. Relevant experience, specific qualifications, and expertise of the Contractor and sub-Contractors to perform the Work.
b. Contractor’s experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies.
c. Quality of references from at least three (3) agencies the Contractor currently or have previously contracted for in the past five (5) years. d. Contractor’s understanding and approach of the Work. e. Services offered and/or excluded.

3. Fee (50 points)
a. Price proposal
The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non-emergency and pre-planned projects out for formal bidding.

All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.

During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business.

Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations.

X. SPECIAL PROVISIONS
a. Contractor shall maintain an adequate crew of employees to perform the Work required. b. Contractor will be required to supply a list of references for similar work performed. c. Contractor will be required to supply a list of sub-contractors, if applicable. d. Contractor will be required to supply additional experience references, if requested. 12 e. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the Contract. f. Contractor shall be responsible for Contractor’s compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor.
g. Hourly rates and unit prices quoted shall include all safety equipment required. All incidentals shall be included in quoted prices.
h. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired.

City representatives will be available if desired to answer questions. i. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor’s actions shall be the responsibility of the Contractor. j. Contactor shall adhere to all Cal-OSHA rules and regulations for any and all Work performed under this Contract.

XI. GENERAL CONDITIONS
A. Signature
The Proposal shall be signed by an individual authorized to bind the Contractor.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.

The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov.

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such 13 applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.

Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720.

In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771.” E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal.
14 EXHIBIT A

CONTRACT SCOPE OF SERVICES
15 The work shall include furnishing all labor and equipment necessary to maintain City parks, medians, parkways, and City facilities. Duties include, but are not limited to, trash collection, cleaning of city property and facilities, maintaining turf, hardscape surfaces, ground cover, shrubs, vines, and trees, maintaining and repairing irrigation systems, maintenance of drainage facilities, and providing weed and pest control regardless of weather conditions.

SCHEDULING OF WORK
The Contractor shall provide the Maintenance Services Supervisor with a weekly schedule submitted the Friday before the week of the scheduled work. The schedule must identify landscape areas and facilities to be maintained that week and the specific tasks to be completed. Schedule must follow the maintenance activity schedules outlined within this contract scope of work.

General/Daily Maintenance
Unit price for Bid Price Item #1 shall be inclusive of the following tasks for every maintenance area included in this contract:

1. The daily (rainy days included) removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out-of-place or discarded items upon sight by the contractor.

2. The daily (rainy days included) removal of any dead plant material upon sight by the contractor including weeds.

5. The daily (rainy days included) removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark upon sight by the contractor.

3. All refuse material shall be disposed of by the Contractor in the City’s refuse dumpster (1701 Aldofo Lopez Dr.)

4. Daily – 365 days – (rainy days included) - emptying of trash cans in every park and at various locations throughout the City (approximately 60 trash cans in total). All trash cans must be emptied before noon each day.

Playground Maintenance
General/Daily Maintenance

1. Clean, rake and level playground wood chips daily (rainy days included).

2. Clean, rake and level play sand daily (rainy days included).

3. Daily (rainy days included) removal of graffiti.

4. Daily removal of leaf litter or other debris from sports courts and spider webs from play equipment. 16 General Property Maintenance

1. All repairs to damaged City property shall be completed within twenty-four (24) hours after damage is reported or noticed, by contractor’s staff or by City.

2. Every instance of damage shall be reported to the Maintenance Services Supervisor.

3. All sidewalks adjacent to City-maintained parkways shall be swept, blown or cleaned daily, if necessary, to remove any glass or debris. In addition, all sidewalk areas shall be thoroughly cleaned every week on the day the area is maintained.

4. All areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required.

5. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily.

6. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters).

7. Main Street shall be inspected daily, and all sidewalks must be kept free of debris from tree leaves, trash, and litter. The contractor will be responsible to sweep or blow as necessary.

Failure to comply with the scope of work related to General/Daily maintenance shall result in a performance deduction in the amount of $500 per incident per day. Payment for general maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days trash was collected during that billing period. Payment shall be made based on the unit bid price and actual quantities completed.

Weed Control

1. Unit price for Bid Price Item #2 shall be inclusive of the following tasks:

2. All weeds shall be removed upon sight, on a daily basis. Planters, non-concrete walkways, i.e.:
decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, shall be kept free of grass and weeds at all times.

3. Turf grass shall be weed free at all times
• Common reed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.

4. When requested by the Maintenance Services Supervisor, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor. Any pre-emergent herbicide used will be considered a weed management tool and the cost will not be reimbursed by the City.

5. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City. 17 6. The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins.

7. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen days upon discovery by the Contractor and/or the City.

8. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.

9. Weed Control of Landscaped Areas:

A. The contractor is required to always maintain all landscaped areas in a weed-free condition with no exceptions, and a regular program of chemical application shall be used to prevent, or control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches will be removed by hand and not sprayed. Any “non-target” or “desirable” plant material un-intentionally sprayed or removed during manual weeding shall be replaced at contractor’s expense.
1) A contact herbicide shall be employed to control broadleaf weeds as required to maintain turf grass in a completely "weed free" condition without injury to turf. a) Weeds not eradicated with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications. 2) In addition, turf grass areas shall be treated as follows:
a) Between January 15 and February 15, a pre-emergent crabgrass control shall be applied to all turf areas.
b) Twice per year, in December and June, a broad-spectrum fungicide (such as Actizone RZ, or a fungicide approved by the City) shall be applied at the manufacturer's recommended coverage rate.

B. All restricted chemicals to be used to control weeds shall be approved by the Maintenances Services Supervisor prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Maintenances Services Supervisor a minimum of 14 days prior to intended use.

Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Maintenance Services Supervisor written approval is obtained.
18 1) Written recommendation shall include the following information:
a) Owner or operator of the property to be treated.
b) Location of property to be treated.
c) Commodity, crop, or site to be treated.
d) Total acreage or units to be treated.
e) Identification of weed(s) or pest(s) to be controlled by recognized common name. f) Name of each herbicide or device recommended or description of method recommended. g) Dosage rate per acre or other units.
h) Warning of the possibility of damages by the application from hazards that are known to exist; and
i) Signature and address of the person making the recommendation, the date, and the name of the employer.
2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Maintenance Services Supervisor shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations. 3) Contractor shall calibrate all chemical application equipment prior to each use to ensure chemicals are applied at the rate specified in the written recommendation. 4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a watertight connection to prevent any leakage of chemicals from the point of connection to spray equipment.
5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application.
6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Maintenances Services Supervisor in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to ensure public safety since all areas will be open to public access during application. 19 7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.

C. Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.

D. The Contractor shall not be allowed to use the restricted chemicals 2,4-D and Dicamba without submitting a written recommendation by a California Pest Control Advisor. 1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production agricultural sites and take all precautionary measures necessary to prevent contamination of these areas. 2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required.
3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods.

Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied. Operator shall spray all target plants to wet. Chemicals shall be applied within the drip line of any ornamental shrub. Large mature weeds should not be sprayed. 4) Upon completion of 2,4-D or Dicamba chemical spray application, the area treated should not be re-entered until the spray has dried. Contractor shall be responsible for any on-site signage, posting as well as monitoring access during the chemical drying period.

Failure to comply with the scope of work for weed control shall result in a performance deduction of $500 per day per incident. Payment for weed control shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days weed control was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed.

Turf Grass Maintenance
Mowing

1. Unit price for Bid Price Item #3 shall be inclusive of the following tasks:

2. All turf areas shall be mowed once per week throughout the contract period. Exact dates shall be set on an annual calendar to provide 52 mows per year. The “1/3” rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turf grass.

3. Mowing shall be performed on the same day each week. Initial weekly schedule must be submitted, and any changes must be approved by the Maintenance Services Supervisor prior to implementation. 20 4. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within three working days. If adverse weather or ground conditions persist, the Maintenance Services Supervisor may change annual schedule.

5. Cutting heights shall be adjusted to the type of grass in accordance with the following:

Bluegrass and Fescue (June through September) 3 inches
(September thorough May) 2 inches
St. Augustine (Year-Round) 2 inches
Bermuda (Year-Round) 1 inch

6. All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a powerdriven 7-blade reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions.

7. When conducting “rotary type” mowing activities in City Parks a mulching deck rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched, then they will need to be removed the same day they are cut.

8. All trash and paper products shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off-site, in a lawful manner, at the completion of mowing.

9. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf.

10. All walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.

11. Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil water holding capacity between watering. At a minimum, omit irrigation the night prior to turf mowing. Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary. Contractor shall obtain approval from the Maintenance Services Supervisor before any weekend watering occurs.

12. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes, or fixtures. Do not mow areas that are wet or saturated. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at his/its expense.
21 Renovation, Aeration, and Dethatching:

1. All turf areas shall be aerated twice per year once between February 15 and March 15, and once between October 15 and November 15 to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top-dress may be required by the Maintenance Services Supervisor.

2. Aeration shall be accomplished by removing 3/4" diameter by three-inch deep cores at a maximum spacing of six inches by use of a mechanical aeration machine. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site the same day. Contractor shall be responsible for the marking of all irrigation heads, valve boxes, quick coupling boxes, electrical boxes and any other in ground equipment that could be damaged by the Aerator tines. Should any of the above equipment get damaged during the aeration process contractor shall be responsible for immediate replacement and repairs at contractor’s expense.

3. All turf areas shall be dethatched once per year between September 15th and October 15th, or as directed by the Maintenance Services Supervisor.

a) Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate the soil ¼ inch. b) All thatch and debris shall be picked up and disposed of off-site prior to the end of the workday.

After clean-up, mow turf at regular cutting height.
c) All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion of this operation or the end of the day, whichever occurs first.

Refurbishment of Turf grass
Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas. Contractor shall re-sod 20,000 square feet of turf grass area complete in place on an annual basis at no additional cost to the city. The City shall determine the locations and quantities for re-sodding efforts.

Winter Overseeding of All Turf Areas

1. Upon the completion of dethatching all grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the Maintenance Services Supervisor.

2. Turf grass areas that have multi type grasses (i.e.: Kikuyu Grass, Fescue Grass, Bermuda Grass, Blue Grass, etc.) will be over seeded using the “Imperial Blend” grass seed or an approved equal. 22 3. Fertilize all grass areas to be over seeded. Broadcast 6-20-20 fertilizer at the rate of 6 lbs per 1000 square feet or approved equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas.

4. Immediately after dethatching operations with a verticutter, the area will be aerated. These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other.

5. Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil.

6. Remove diseased or unsatisfactory turf areas; do not bury into soil. Remove topsoil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc.

7. Topdressing, when applicable, shall be applied with materials and methods approved by Maintenance Services Supervisor.

8. Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the Maintenance Services Supervisor.

9. After preparation and over seeding have been completed, the area will be watered. Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a dept of 1/2” during daylight hours.

10. When the perennial rye grass approaches a height of 2" to 2½", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf.

11. The rye grass over seeding will be completely established by November 1.

12. After first mowing, and subsequently thereafter, fertilize with 1 lb N/1000 SF through the winter fertilization period.

Summer Overseeding of all Turf Areas

1. All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually beginning in June or as required to maintain adequate appearance, as determined by the Maintenance Services Supervisor.

2. Reseeding shall be performed in accordance with the following criteria:

A) All areas to be reseeded shall be raked or verticality cut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding.
23 B) Areas to be reseeded shall be fertilized to provide 1½ pounds of nitrogen per 1,000 square feet.

Chemical formulation of fertilizer to be used shall be 10-10-10 unless otherwise specified by the Maintenance Services Supervisor.

C) Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria:
i) Minimum purity shall be 98% weed free for all grasses. ii) Minimum germination rate shall be 85% for all grasses. iii) No seeds shall be applied without prior verification of seed quality by the Maintenance Services Supervisor.
iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation. v) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with topper soil to prevent erosion and reduce evaporation of soil moisture.

Edging

1. All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified by the Maintenance Services Supervisor. All edging should be completed with a fix blade edger. String trimmers or weedwhackers shall be permitted for edging only on emergency basis.

2. Mechanical methods shall be used except where physically impossible, impractical, or around trees.

Turf growth around all trees shall be controlled by chemical application, not to exceed a 12” distance from the trunk.

3. Chemical application shall also be used on areas such as along concrete, asphalt, and decomposed granite trails/paths, around sports field equipment, fence lines, etc., but not on the fields areas. a. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights. b. Contractor shall use only non-restricted chemicals to perform chemical edging. Chemicals shall be approved by the City representative prior to use. A Notice of Intent to apply nonrestricted/restricted materials form shall be completed and submitted to the City a minimum of fourteen (14) days prior to intended use. Agriculture DPTD Haz form shall be provided by the City. No work shall begin until written approval is obtained from the Maintenance Services Supervisor.
c. Chemicals shall be applied only by persons processing a valid California Pest Control Operators License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates times, methods of application, chemical formulations, weather conditions at the time of application, and applicators name shall be made and retained in an 24 active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture Regulations. d. Chemical edging shall be restricted to a four (4) inch wide strip around buildings, planters, concrete, decomposed granite, and asphalt trails/paths, and other projections, a twelve (12) inch radius around tree trunks, and an eight (8) inch wide strip around sports field equipment and fence lines.
e. Chemical edging shall be performed a minimum of once every 60 days.

4. All walkways, roadways, trails/paths, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off-site prior to the completion of that days edging operations or by the end of the day, whichever occurs first.

Failure to comply with the scope of work for turf grass maintenance shall result in a performance deduction of $500 per day per incident. Payment for turf maintenance shall be for the actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days turf grass maintenance was conducted during that billing cycle or period. Payment shall be based on the unit bid price and actual quantities completed.

Shrubs

1. All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers.

2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches.

3. Whenever shrubs die as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required shrubs. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should shrubs expire due to contractor’s negligence, all replacement charges shall be at contractor’s expense. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the same exact species and size of the existing plant material at no cost to the City.

4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant-by-plant species basis.

5. Shrub mounding shall not exceed eighteen inches in height within areas required for vehicular line-ofsight distance depending upon roadway topography. (Maintenance Services Supervisor is to be informed by Contractor if the plant material will continually be a problem.)

6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.
25 7. Shrubs designed to be grown full size shall not be sheared or trimmed. Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Maintenance Services Supervisor.

8. All shrubs shall be pruned to prevent encroachment onto private property.

9. Pruning Procedures:

A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.

B. All limbs one inch or greater in diameter shall be “under cut” to prevent splitting and tearing.

C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.

D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne).

10. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.

11. Existing shrubs shall be replaced by the Contractor if it is determined by the Maintenance Services Supervisor that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.

Vines

1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.

2. Nails shall not be used to secure vines on masonry walls.

3. Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth.

4. Pruning of vines will be in accordance with good horticultural practices.

5. Whenever vines die as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials. The City reserves the right to furnish the required vines. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should vines expire due to contractor’s negligence, all replacement charges shall be at contractor’s expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at not cost to the City.

Ground Cover

1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs.
26 2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a monthly basis.

3. Any paper or litter that accumulates in ground cover areas shall be picked up daily.

4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property. Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants.

5. All planter areas and tree wells located in the city parks shall be mulched to a depth of 3 inches once per year, along with a per-emergent application at no extra cost to the City.

6. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations.

7. The un-mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24-inch maximum height with approval of the Maintenance Services Supervisor. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color.

8. Whenever groundcover dies as a result of vandalism, or acts of God, the Contractor shall call the Maintenance Services Supervisor to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional labor and applicable materials.

The City reserves the right to furnish the required groundcover. The City will use the quoted extra labor charges and unit prices submitted with the proposal for reimbursement. Should groundcover expire due to contractor’s negligence, all replacement charges shall be at contractor’s expense. All damaged, diseased (untreatable) or dead vines shall be replaced with the same exact species and size of the existing plant material at no extra cost to the City.

9. All medians, parkways and shrub beds and tree wells located in City parks shall be mulched once per year by February 1 each year at no additional cost to the City. The mulch application must follow a preemergent treatment.

The scope of work for landscape maintenance shall be completed on a weekly basis. Failure to comply with the scope of work for landscape maintenance shall result in a performance deduction of $500 per day per incident. Payment for landscape maintenance shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days landscape maintenance was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed.

Maintenance of Drainage Facilities
The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v-ditches), located within each park and landscaped areas on a monthly basis. Surface drains shall be checked and maintained free of obstruction and debris at all times to assure proper drainage. Remove any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared twice per year. All other drainage facilities shall be cleaned of all vegetation and debris. 27 All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to Maintenance Services Supervisor.

Fertilization Scheduling
Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Maintenance Services Supervisor. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, frequency applied, and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).

General - Fertilization
Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications.

Method of Application
In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas.

The use of constant flow power take-off (PTO) driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non-target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas-powered blower, etc.) Timing of Application
When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.

Trees and Shrubs
Fertilizers, pre-approved by Maintenance Services Supervisor, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro-nutrient deficiencies.

Landscaped Areas
All landscaped areas shall be fertilized in accordance with the following criteria:

1. All proposed chemical formulations shall be submitted to the Maintenance Services Supervisor for approval prior to use.

2. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule.
28 3. Ground cover areas shall be free of moisture at the time of fertilizer application. Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.

Soil Tests for Fertilization
Upon request, soil samples for testing shall be taken from landscape locations as determined by the Maintenance Services Supervisor.

1. Samples shall be tested at an agricultural soils testing laboratory approved by the Maintenance Services Supervisor.

2. Contractor shall pay all costs for testing, taking samples, pickup, and delivery to the testing laboratory; all incidentals and no additional payment will be made thereafter.

Ground Cover
Apply fertilizer a minimum of 2 times a year, (March and September) to all landscape areas with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.

Vines
Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and September, or needed to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.

Fertilizing of Turf Grass

1. Apply fertilizers to provide sufficient nutrients on a regular basis to keep turf grass in healthy looking condition. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used, and frequency applied will be recorded.

2. Use 6-20-20 starter fertilizer at a rate of 1 lb. P and K per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use 15-15-15 fertilizer at a rate of ¾ lb. N / 1,000 square feet per month through the winter fertilization period.

3. Winter fertilization period shall begin November and continue until the end of March. A 16-20-20 commercial fertilizer shall be required.

4. Summer fertilization period shall begin April and continue until the end of September. A 16-6-8 or 16-4- 4 commercial fertilizer shall be required.

5. For additional or special applications requested by the City of nutrients (i.e., application of additional nitrogen, iron, calcium or gypsum), the Contractor will be paid extra for the special applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement. 29 6. The Contractor shall supply to the City a list of dates and approximate times each bid area is scheduled for fertilizer application before the Contractor begins fertilization.

7. All proposed changes in formulation shall be submitted to the City for approval prior to use.

8. Turf shall be free of moisture at the time of fertilizer application. Application of the fertilizer shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.

9. The Contractor shall take precautions to contain the fertilizer to planting areas only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application.

Turf Fertilization Schedule

FREQUENCY TYPE & SOURCE TIME OF YEAR
1 x 15-15-15 Commercial Winter (October)
1 x 16-6-8 or 21-4-4 Commercial Summer (April) @ summer reseeding

1 x 6-20-20 XB + Commercial October @ winter reseeding
Landscaping Fertilization Schedule

FREQUENCY TYPE & SOURCE TIME OF YEAR
2 x 40-10-10 March 1 & September 1
Slow Release
4-1-1 w/iron or Approved Equal
Trees
Trees shall be fertilized and aerated by Landscape Maintenance Contractor in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.

Compliance Inspection
Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory.

Failure to comply with the scope of work for fertilization shall result in a performance deduction of $500 per day per incident. Payment for fertilization shall be for actual quantities completed for each maintenance area. Contractor billing for this activity shall detail the specific days fertilization was conducted during that billing period. Payment shall be made based on the unit bid price and actual quantities completed.
30 General - Irrigation System Maintenance
The controlling factor in the performance of water management within the City landscape maintenance area is the application of water to landscape plants at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City’s irrigation usage. Contractor shall follow all water conservation regulations and water efficient landscape ordinances.

Irrigation/Operation and Maintenance Scheduled Times

1. Irrigation shall be accomplished in accordance with Contractor-provided schedules. The following irrigation times shall be applied to various types of public facilities:

A. Medians, Parkways and Parks: (Sunday-Thursday) 10:00 PM - 6:00 AM B. Manual Irrigation: (Monday-Friday) 7:00 AM - 3:00 PM Failure to adjust irrigation controllers to comply with designated watering windows and Contractorprovided schedules will result in a performance deficiency deduction.

2. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles.

3. Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual irrigation cycles shall be conducted in accordance with the following criteria:

A. There shall be minimal drift onto private property or roadways caused from the wind.

B. There shall be irrigation personnel present at each location until watering cycle is completed.

4. Contractor shall respond within two (2) hours of any request by the Maintenance Services Supervisor to turn on/off irrigation systems, particularly in respect to rainfall.

5. All damages resulting from under or over watering shall be repaired at the Contractor's expense.

Operation/Repair

1. The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote-control valves; gate valves, ball valves, and backflow devices; main and lateral lines; pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor is required to notify the Maintenance Services Supervisor of mainline failures within twelve (12) hours of occurrence.

2. All irrigation systems shall be tested and inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted biweekly in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction. 31 3. All systems shall be adjusted in order to:

A. Provide adequate coverage of all landscape areas
B. Prevent runoff and/or erosion
C. Prevent watering roadways, facilities such as tennis, basketball or handball courts, walkways, trails, fences, and private property
D. Match precipitation rates
E. Limit evapotranspiration loss using State of California ET area ratings.

F. Limit hazardous conditions
G. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance.

H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation.

Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness.

I. Contractor will keep system in adjustment by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressures. This shall be accomplished by valve throttling and pressure gauging. At all times, the valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. At any time, Maintenance Services Supervisor may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.

4. All system malfunctions, damage, and obstructions shall be recorded, and timely corrective action taken.

5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary.

A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within twelve (12) hours of receipt of written notice.

B. Correct deficient irrigation systems and equipment as necessary following notification from the Maintenance Services Supervisor.

The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.

C. Once the City representative acknowledges the necessity to turn on the water once again, all controllers shall be activated within twelve (12) hours.

6. Adjustment, damage, and repairs shall be divided into the following categories and actions:
32 A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.) Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed, and the proper heads are installed.

Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times.

Contractor shall make repairs immediately using “like” materials to maintain uniformity and to match application rates. Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or “like” heads.

B. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system.

C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:
1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
4) Malfunctions to automatic controller, remote control valves, or pressure lines.

D. Damage and repairs shall be divided as follows:
1) Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, trip assemblies, tubing, and other small parts. The cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system. 2) Major repairs shall include all items before the automatic control valve including but not limited to backflow devices, pressure regulators, and mainline control wire (except as previously noted). The cost for major repairs, except as noted, will be considered extra services based on the contract labor and unit cost.

E. Repairs to the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by Maintenance Services Supervisor for major component damage such as broken irrigation mainlines.

F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop-ups are used, adjust pop-up height, and do not convert to a riser. 33 G. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor.

H. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to eliminate run-off.

I. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City.

J. The Maintenance Services Supervisor will conduct spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract.

K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Maintenance Services Supervisor.

L. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor.

M. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City-approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired.

N. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge.

O. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The Maintenance Services Supervisor will confer with the Contractor when the sprinkler system controllers are to be turned back on.

P. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.

Q. Monthly water meter readings are required to be provided to the City by the 10th of the following month.

7. Personnel
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation 34 controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City.

B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.

C. The Contractor shall provide personnel capable of verbal and written communication in a professional level of English.

8. Materials
A. All replacement materials are to be with original types and models unless a substitute is approved by the Maintenance Services Supervisor.

B. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.

C. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.

D. The cost for all irrigation repairs shall be controlled via the unit bid price for extraordinary irrigation repairs.

E. All materials are to be new and identical to existing materials, unless directed otherwise by the Maintenance Services Supervisor.

9. Invoicing
A. Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet.

10. Water Management
A. All systems shall be programmed weekly and/or as needed to maintain healthy plant material and landscape.

B. All program changes shall be recorded on an Irrigation Management Form.

C. Water meter reading for each system shall be submitted on a monthly report the first working day of each month.

D. The watering schedule will be established and programmed by the Contractor's landscape maintenance supervisor. Application rates will be based on the amount the planting areas are capable of receiving without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied.

E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system which provides for repeat 35 cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off.

F. The irrigation system will be physically inspected a minimum of once per week (excluding Saturday and Sunday) to keep the system operating at an optimum level of efficiency.

G. Particular observation shall be paid to all slope areas which will, by physical nature, provide for greatest potential run-off.

H. Contractor will be responsible for hand watering any areas not provided with an irrigation system.

I. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material bi-weekly or more often if required to prevent plant damage.

J. Contractor will submit to the Maintenance Services Supervisor a copy of the irrigation schedule for each controller.

K. Contractor will be expected to use minimal amount of water in all areas but maintain healthy plant growth.

L. Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Maintenance Services Supervisor will be notified immediately.

M. Automatic controllers will be kept locked at all times.

N. All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Maintenance Services Supervisor. New enclosures shall be made of stainless steel.

O. Contractor will maintain an active “site schedule” in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented upon review by Maintenance Services Supervisor.

GUARANTEE AND/OR REPLACEMENT POLICY
The contractor has the ultimate responsibility to ensure that all landscaping and turf grass is maintained in healthy and aesthetically pleasing condition. All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by Maintenance Services Supervisor that they died due to Contractor's negligence. All existing plant material that dies as a result of contractor negligence shall be replaced at the Contractor’s expense. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense. 36 GENERAL PROVISIONS
Minimum Staffing Requirements
Contractor shall provide adequate staffing levels to service this contract to ensure, maintenance activities are completed according to the schedule intervals required herein. If contractor falls behind schedule additional staff will be required at contractor’s expense to ensure schedules are adhered to. The City requires that the contractor provide one full-time (1) irrigator and one full-time (1) irrigation assistant. The City requires that the contractor provide four full-time (4) median/weed abatement crew maintenance workers and four full-time (4) mow crew workers to provide service throughout the City.

Completion of Extra Work
Contractor must utilize separate crews to provide all extra work activities. Contractor may not use regular maintenance crews for extras. Regularly scheduled maintenance work shall be completed in conjunction with extra work and cannot be postponed in order to complete extra work. Failure to comply with this requirement shall result in a $500 performance deficiency deduction per incident.

Storage Yard
The City will provide a storage yard for the Contractor’s use to store vehicles and equipment used to provide maintenance services to the City of Seal Beach. The storage yard is located at the northwest end of Adolfo Lopez Drive. The Contractor shall store ONLY VEHICLES & EQUIPMENT THAT IS ASSOCEATED WITH THE CITY OF SEAL BEACH LANDSCAPE MAINTENANCE CONTRACT. Failure to adhere to this requirement will result in the termination of the yard agreement and/or termination of this contract. It is the contractor’s responsibility to verify the size and location of the storage yard. The City will provide a 40 CY tallboy bin in the yard for disposal of landscape waste collected within the City of Seal Beach only. The bin will be emptied weekly. Any damage to the yard shall be repaired at the sole expense of the contractor.

Turfgrass Maintenance – Zoeter Park, Arbor Park & Bluebell Park Contractor shall provide designated mowers to each sports field to prevent cross-contamination.

Bermudagrass maintenance (Apr-Oct)
Mowing: Once Bermuda grass comes out of dormancy begin mowing at ¾” height to reduce shade from coolseason grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1x per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height of ½”- ¾”.

Fertilization: Apply a complete fertilizer at a rate of 1 lb of N per 1000sf every month. In June and July, the amount of N can be increased to 1.5 lbs per 1000 square feet or an additional application of ½ lb per 1000 square feet can be applied two weeks following the 1 lb N application. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) ¼ that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July – this can be either in granular form or liquid form if spray equipment is available.

Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity. Vertical cutting 37 blades should be spaced approximately every ¾” and set to the depth of the soil surface. If equipment has vertical blade spacing greater than 2” then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolons that can be placed in heavily worn areas for establishment.

Aeration: All sports field turf areas should be core aerified every month. Deep-tine aeration is to be performed once a year in the summer when the fields are not in use. Depending on the depth of irrigation pipes aerating to a 12” depth is required. If deep-tine aeration is not an option, then core aerating to a minimum of 3” is recommended. Cores must be collected from the field at the conclusion of each workday.

Topdressing: Topdressing should be performed at the same time aeration takes place. Topdressing mix should consist of 90% washed medium sand (.5mm-.25mm) and 10% finely composted organic material. Application rate should be approximately 40 cubic yards per acre.

Perennial Ryegrass / Tall Fescue Maintenance (Oct-Apr)
Mowing: Raise the height of cut to 1” and mow 1x per week. Mowing should be done with a reel type mower.

Clippings can be left if the 1/3 rule is followed.

Fertilization: Apply a complete fertilizer at a rate of ¾ lb of N per 1000 square feet every month. The ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) ¼ that of N and K. Fertilizer selected should include some secondary nutrients (calcium, magnesium, and sulfur) as well. Apply micronutrients (iron, manganese, zinc, copper, and boron) at the label rate in November – this can be either in granular form or liquid form if spray equipment is available.

Aeration: All turf grass areas should be core aerified every month. Cores must be collected and removed by the end of each workday. Since the fields are in heavy use during this time of the year solid-tine aeration can be used effectively to minimize surface disruption. It is, however, important to create an avenue at the soil surface for water, oxygen and carbon dioxide exchange with the atmosphere.

Overseeding: Because of the heavy use periods during the winter when the preferred Bermuda grass is dormant over seeding is necessary to support field activity.

Over seeding should be performed as follows:

 Overseed in late September to mid-October
 Mow grass at ¾” height and leave clippings.
 Spike with solid tines to a ½” depth
 Uniformly apply 3-way blend of perennial ryegrass with a broadcast spreader (Lely pull-behind, etc) at 10-15 lbs per 1000 square feet
 Top dress with a mix of 90% medium washed sand and 10% organic at a rate of 40 cubic yards per acre  Fertilize with a pre-plant fertilizer (BEST 6-20-20, etc) at 1 lb P and K per 1000 square feet  Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity)
 Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out 38 during establishment (10 days typically)
Specialty Areas
All play and sports equipment shall be inspected for vandalism, safety hazards and serviceability daily (rainy days included). Deficiencies shall be reported in writing immediately to the Maintenance Services Supervisor.

Play equipment shall be pressure washed on a quarterly basis or as directed by the Maintenance Services Supervisor.

Sand Court Areas
A. These areas shall include tot lots, play areas, volleyball courts, etc.

B. All areas shall be maintained weed and spider web free on a daily basis (rainy days included).

C. By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand.

After rototilling, all areas shall be raked level.

D. All sand areas shall be raked level and free of any foreign debris on a daily basis (rainy days included). Sidewalks adjacent to tot lots shall be swept daily, as required.

E. If at any time, due to inclement weather or other causes, the sand court areas become flooded and there is standing water, it will be the Contractor's responsibility to remove water immediately (rainy days included).

Engineered Wood Fiber/ Playground Chips
A. Level under play equipment daily and rototill by the 10th of every month or when directed by the Maintenance Services Supervisor.

B. All areas should be kept weed free on a daily basis.

C. All areas should be kept trash and debris free on a daily basis.

D. If at any time, due to inclement weather or other causes, the Engineered Wood fiber areas become flooded and there is standing water, it will be the contractor’s responsibility to remove water immediately (rainy days included).

E. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing.

Rubberized Surface Areas
A. All areas shall be maintained weed free on a daily basis (rainy days included) B. All areas shall be kept trash and debris free on a daily basis (rainy days included) 39 C. All areas shall be cleaned daily (rainy days included). Method of cleaning to be determined by the Maintenance Services Supervisor IE: water, broom, gas blower, pressure washer etc. Any damage to rubber playground surfaces must be reported to the Maintenance Services Supervisor immediately.

Hard Surface Areas
A. These areas shall include concrete sidewalks, tennis courts, handball courts, basketball courts, bicycle trails, A.C. walkways, etc.

B. All areas shall be swept weekly to remove all deposits of silt and/or sand. Hazardous materials and substances will be removed immediately.

C. All areas shall be inspected daily (rainy days included) and maintained in a neat, clean, and safe condition at all times.

D. Cracks and crevices shall be kept free of weeds at all times. Expansion joint compound sealer shall be used to fill any gaps found. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange or white paint immediately when discovered.

E. Once a week all areas shall be thoroughly cleaned by sweeping, blowing or pressure washing as needed.

F. Special emphasis shall be placed on chemical edging along these asphalt trails to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense.

General Facility Operations
A. All drinking fountains shall be kept clean and operational at all times.

B. Minor repairs, including but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services.

C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.

D. Every instance of damage shall be reported to the Maintenance Services Supervisor in writing.

E. Should damage be repetitive, the Maintenance Services Supervisor will evaluate replacement with a more damage resistant model through extra work or separate action.

F. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required.

G. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily.

H. All security and sports area lighting shall be inspected weekly, and damaged or malfunctioning equipment shall be reported to the Maintenance Services Supervisor. 40 I. At no time will Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters). 41 EXHIBIT B

CITY LANDSCAPE AREA MAP
9 7
7 8
8 8
8 8
8 8
8 8 8
6 6
6 5
4 3
2 1
16 11
13 66
58 57
74 62
72 72
71 70
69 68
67 66
61 65
64 63
60 59
52 55
54 51 53
50 49
48 15 17
14 12
10 City of Seal Beach
0 500 1,000 2,000 3,000 4,000
Feet
¯
Citywide Landscape
Maintenance Contract
Locations of Service
Map by Grant T. (October, 2021)
Planted Areas
Non-Landscaped
Planted Medians
Planted Parkways
Identified Areas
Building & Facilities
Other Facilities
Parks
Pump Station
Tract Entry
Item Location Cover Units
1 Almond Park - 4600 Almond Ave. 1.8 Acres
2 Arbor Park - 4665 Lampson Ave. 11 Acres
3 Aster Park - Corner of Aster St. & Candleberry Ave. 0.6 Acres 4 Bluebell Park - Corner of Bluebell St. & Almond Ave. 1.3 Acres 5 Corsair Park - Corsair Way 0.3 Acres
6 Edison Park - 99 College Park Dr. 17.2 Acres
7 Eisenhower Park - @ Ocean Ave. & Main St. 1.5 Acres
8 Electric Greenbelt - Electric Ave. between Seal Beach Blvd. & Marina Dr. 8.4 Acres 9 Greenbelt Pocket Park - 15th & 16th St. 4.8 Acres
10 Heather Park - Corner of Heather St. & Lampson Ave. 1.6 Acres 11 Heron Pointe Easement - Gum Grove Park - Seal Beach Blvd. 1.6 Acres 12 Marina Park - 151 Marina Dr. 1.5 Acres
13 River's End Park 4.8 Acres
14 Schooner Park - Schooner Way 1.5 Acres
15 Windsurf Park - 1st St. @ Ocean Ave. 1.1 Acres
16 Zoeter Green Belt - Corner of 12th St. & Landing Ave. 1.2 Acres 17 Zoeter Field - Corner of 12th St. & Landing Ave. 1.8 Acres 18 First St. - Between Marina Dr. & PCH 1650 LF
19 Fourth Street: 4th St. and Central Ave. (Traffic Circle) 900 SF 20 Lampson Avenue: Basswood Ave., East to City Limits 5,200 LF 21 Marina Drive: @ First Street, West to Bridge 300 LF
22 Pacific Coast Highway: From West City Limits, East to Seal Beach Blvd. 3,184 LF 23 Seal Beach Blvd. - South of North Gate Rd. / 405 Fwy. To Westminster Ave. 4,325 LF 24 Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Dr. 2,300 LF 25 Seal Beach Blvd. - South of Adolfo Lopez Dr. to Bolsa Ave. 2,121 LF 26 Seal Beach Blvd. - South of Bolsa Ave. to PCH 875 LF 27 Seal Beach Blvd. - South of PCH 220 LF
28 Westminster Ave. - West of Kitts Hwy. to West City Limits - Long Beach Border 1,400 LF 29 Almond Ave. - South Side, Between Aster St & Violet St. 5,000 LF 30 Balboa Ave. - East Side, Between PCH & Bolsa Ave. 600 LF 31 Bolsa Ave. - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 LF 32 Catalina Ave. Cul-De-Sac, East of Crestview Ave. 736 SF 33 First St. - East Side, Marina Dr. to PCH 700 LF
34 Lampson Ave. - North & South Sides, Basswood Ave. to East City Limits - Garden Grove Border 7,400 LF
35 Main St. - Planters, Between PCH & Ocean Ave. 3,028 SF 36 Marina Dr. - North Side, Between 1st St. & 6th St. 1,360 LF 37 Ocean Ave. - North Side, Between Main St. & 10th St. 250 LF 38 Ocean Ave. - Bulb Outs, North & South Side of Ocean Ave. - Between 1st St. & Electric Ave. 3,290 SF
39 PCH - North Side, from Seal Beach Blvd., West to Balboa DR. 1,530 LF 40 PCH - South Side, from 1st St. East to 5th St. 600 LF 41 Seal Beach Blvd. - East Side, from PCH, South to Electric Ave. 1,400 LF 42 Seal Beach Blvd. - East Side, from North Gate Road / 405 Fwy. - South to Westminster Ave. 4,000 LF 43 Seal Beach Blvd. Median - from Old Ranch Pkwy, North to Plymouth Dr. 4,200 LF 44 Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 LF 45 Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 LF 46 Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 LF
47 Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 LF 48 Bridgeport Tract Entry - 5th St. @ Electric Ave. 1,000 LF 49 College Park East Tract Entry - Lampson Ave. @ Candleberry Ave. 200 SF 50 College Park East Tract Entry - Lampson Ave. @ Heather St. 200 SF 51 College Park East Tract Entry - Lampson Ave. @ Rose St. 400 SF 52 College Park East Tract Entry - Lampson Ave. @ Tulip St. 400 SF 53 Seal Beach Entry Signs - East Lampson Ave. @ Garden Grove Border 2,176 SF 54 Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Rd. 15,000 SF 55 College Park West Entry - College Park Dr. @ Loyola Plaza 4,000 SF 56 College Park Dr. Median - College Park Dr. @ Loyola Plaza 180 LF 57 Second St. Entry Sign - 2nd St. @ Central Ave 5,500 SF 58 8th St. Parking Lot - Corner of 8th St. & Ocean Ave 19,200 SF 59 Beach Facility Restroom Planters - At the Pier 200 SF 60 Beverly Manor Reservoir Landscape: 3131 North Gate Rd. 6,608 SF 61 Fire Station # 48 - 3131 North Gate Rd. 53,800 SF
Lampson Well Site - 4307 Lampson Ave. - outside area 820 LF - inside area 1,360 SF
63 City Hall Building - 211 8th St. 7,400 SF
64 Mary Wilson Library - 700 Electric Ave. 20,700 SF
65 Fire Station # 44 - 100 8th St. 8,800 SF
66 Heritage Square Parking Lots - East & West Sides of Main St at Electric Ave. 33,000 SF 67 Main St. Parking Lot - 100 Block of Main St., East Side 16,300 SF 68 Marina Community Center - 151 Marina Dr. 20,000 SF
69 Police Department Building - 911 Seal Beach Blvd. 33,500 SF 70 Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Ave. 4,300 SF 71 Seal Beach Tennis Center - 3900 Lampson Ave. 254,000 SF 72 North Seal Beach Community Center - 3333 St. Cloud Dr. 7,700 SF 73 North Gate Rd. - North & South Sides from Reservoir to North Leisure World Gate 3,600 LF 74 North Gate Rd. Bike Trail - End of North Gate Rd. to San Gabriel River Bike Trail 2,500 LF 75 Lampson Ave. - North & South Sides from Basswood St., East to City Limits 10,400 LF 76 First St. - East Side from Marina Dr. to PCH 2,000 LF 3,168 SF
3,600 LF
78 Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th St. 2,456 LF 79 PCH - North Side from 8th St., West to City Limits 1,450 LF 80 Seal Beach Blvd. - West Side, from Bolsa Ave., North to Gum Grove Park Expansion 1,400 LF
81 Westminster Ave. - North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Rd. 10,500 LF
82 Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office, West to the City Limits / Long Beach Border
3,700 LF
83 Bolsa Ave. - South Side, Riviera Dr. to Balboa Dr. 1,100 LF 62 77 Main St. - East & West Sides from Ocean Ave. to PCH 42 EXHIBIT C

SAMPLE CONTRACT

PROFESSIONAL MAINTENANCE AGREEMENT
for
City-Wide Landscape Maintenance Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
<Contractor Name>
<Address>
<City, State, Zip Code>
<Phone Number>
This Professional Maintenance Agreement (“the Agreement”) is made as of <INSERT DATE> (the “Effective Date”), by and between <INSERT CONTRACTOR NAME> (“Contractor”), <INSERT TYPE OF LEGAL ENTITY (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 15

RECITALS
A. City desires certain on-call emergency and unexpected task utility maintenance and repair services.

B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in the manner set forth herein and more fully described in Section 1.0.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors <insert license number and DIR> and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein.

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

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those utility maintenance and repair services (collectively “Services”) set forth in the Request for Proposal (Exhibit A), and Contractor’s Proposal (Exhibit B), attached and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call emergency or unexpected task nature of this Contract, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

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

1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the 3 of 15
Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor’s work by the City shall not operate as a release of Contractor from such standard of care and workmanship.

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

2.0 Term

2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of <SPECIFY NUMBER OF YEARS>> (“Original Term”) and shall expire at midnight on <INSERT DATE>, unless sooner terminated or extended as provided by this Agreement.

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

3.0 Contractor’s Compensation

3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not-to-exceed amount of $_____ (____ dollars) <INSERT CONTRACT AMOUNT> for the Original Term.

3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $____________ (_______ dollars) <INSERT DOLLAR AMOUNT PAYABLE FOR EACH EXTENDED TERM> for each extension.
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3.3. Contractor will not be compensated for any work performed not authorized by City and specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B.

4.0 Method of Payment

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

5.0 Termination

6.0 Party Representatives

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

6.2. <SPECIFY NAME> is the Contractor's primary representative for purposes of this Agreement. <SPECIFY NAME> shall be responsible during the 5 of 15
term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: <Contractor>
<Address>
City, State, Zip Code>
Attn: <Contractor Representative>

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

8.0 Independent Contractor

8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor’s employees or other personnel under Contractor’s supervision, and Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

8.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as 6 of 15
an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

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

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

8.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
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9.0 PERS Compliance and Indemnification

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

9.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

10.0 Confidentiality
Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement.

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

12.0 Assignment
Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 8 of 15

13.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

14.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

15.0 Insurance

15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or 9 of 15
damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M.

Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability coverages. Contractor shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation in the amount required by law and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease.

15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible.

15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
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15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees.

Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement.

16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section

16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall 11 of 15
reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

16.3. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor’s indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement.

16.4. Contractor’s covenants under this Section 16.0 shall survive the expiration or termination of this Agreement.

17.0 Equal Opportunity
Contractor affirmatively represents that it is an equal opportunity employer.

Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

18.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance 12 of 15
in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

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

22.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

23.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

24.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

25.0 Prohibited Interests; Conflict of Interest

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

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 13 of 15
avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

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

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

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

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

28.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that 14 of 15
by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

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

By: _________________________
Craig A. Steele, City Attorney
CONTRACTOR: <Contractor>, a
<INSERT TYPE OF ENTITY (e.g., 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.)

EXHIBIT A
Request for Proposal

EXHIBIT B
Contractor’s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

PRICE PROPOSAL
44 Prevailing wages are required on this contract.

City of Seal Beach

BID FOR

CITY-WIDE LANDSCAPE MAINTENANCE SERVICES

BASE MAINTENANCE BID SCHEDULE
Almond Park - 4600 Almond Avenue

1.8 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
1 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

0.8 Acre
Item
No. Quantity Unit Description Unit Price Annual Price
3 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Bluebell Park - Corner of Bluebell Street & Almond Avenue

1.3 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
4 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Corsair Park - Corsair Way

17.2 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
6 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Eisenhower Park - @ Ocean Avenue & Main Street

1.5 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
7 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr.

4.8 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
9 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Heather Park - Corner of Heather Street & Lampson Avenue

1.6 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
10 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Heron Pointe Easement – Gum Grove Park – Seal Beach Blvd.

1.5 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
12 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

River’s End Park

4.8 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
13 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Schooner Park - Schooner Way

1.1 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
15 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Zoeter Green Belt - Corner of 12th Street & Landing Avenue

1.2 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
16 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Zoeter Field - Corner of 12th Street & Landing Avenue

Fourth Street - 4th Street & Central Avenue (Traffic Circle Planter) 900 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
19 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Lampson Avenue - Basswood Avenue, East to City Limits
5,200 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
20 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
51 Marina Drive - @ First Street, West to Bridge
300 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
21 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Pacific Coast Hwy. - From West City Limits, East to Seal Beach Blvd. 3,184 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
22 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - South of Adolfo Lopez Drive to Bolsa Ave. 2,121 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
25 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
26 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
53 Seal Beach Blvd. - South of Pacific Coast Hwy.
220 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
27 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

54 PLANTED PARKWAYS
Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
29 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Balboa Avenue - East Side, Between Pacific Coast Hwy. & Bolsa Ave. 600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
30 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

First Street - East Side, Marina Drive to Pacific Coast Hwy. 700 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
33 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Marina Drive - North Side, Between 1st. Street & 6th. Street 1,360 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
36 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Subtotal:

Pacific Coast Hwy. - North Side, from Seal Beach Blvd., West to Balboa Dr. 1,530 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
39 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
40 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
58 Seal Beach Blvd. - East Side, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
41 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
52 WEEK Hardscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

59 SPECIAL LANDSCAPE DISTRICTS
Seal Beach Blvd. Median - from Old Ranch Pkwy. North to Plymouth Dr. 4,200 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
43 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Lampson Ave. Median - from Seal Beach Blvd., just East of Old Ranch Plaza 600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
44 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
45 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
60 Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
46 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
47 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
61 TRACT ENTRIES
Bridgeport Tract Entry - 5th. Street @ Electric Avenue
1000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
48 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park East Tract Entry - Lampson Ave. @ Candleberry Avenue 200 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
49 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
50 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
62 College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
51 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
52 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal
Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border 2,176 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
53 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
63 Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
54 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park West Entry - College Park Drive @ Loyola Plaza 4,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
55 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Beach Facility Restroom Planters - At the Pier
200 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
59 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area
Item
No. Quantity Unit Description Unit Price Annual Price
60 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
66 Fire Station # 48 - 3131 North Gate Road
53,800 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
61 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Lampson Well Site - 4307 Lampson Avenue
820 lineal feet - outside area
1,360 square feet - inside area
Item
No. Quantity Unit Description Unit Price Annual Price
62 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Fire Station # 44 - 100 8th. Street
8,800 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
65 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Marina Community Center - 151 Marina Drive
20,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
68 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Tennis Center - 3900 Lampson Avenue
254,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
71 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

North Gate Road Bike Trail - End of North Gate Road to - San Gabriel River Bike Trail 2,500 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
74 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
Subtotal:

Lampson Ave. - North & South Sides from Basswood St., East to City Limits 10,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
75 365 DAILY General / Daily Maintenance
52 WEEK Weed Control / Tree Well Maint
52 WEEK Hardscape Maintenance
2 EACH Fertilization
26 WEEK Hand Watering - May thru Oct.

Subtotal:
71 First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
76 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Main Street - East & West Sides from Ocean Ave. to Pacific Coast Hwy. 3,168 square feet
3,600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
77 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
52 WEEK Clean Gutters / Planter Areas
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
26 WEEK Hand Watering - May thru Oct.
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - West Side, from Bolsa Ave., North to - Gum Grove Park Expansion 1,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
80 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
2 EACH Fertilization
26 WEEK Hand Watering - May thru Oct.

Subtotal:

Westminster Ave. - North & South Sides from Seal Beach Blvd. to East City Limits / Bolsa Chica Road
10,500 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
81 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
Subtotal:

Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
82 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
Subtotal:
73 Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
83 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
Subtotal:
$_________________________________________

SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF

ANNUAL PRICES)

EXTRA WORK BID SCHEDULE
In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes.

Irrigation Heads and Associated Repair Parts
Item
No. Description
Estimated
Quantity Unit Price Total
# 1 Hunter I-40 Pop Up (Stainless Steel) 20 $ $
# 2 Hunter I-25 Pop Up (Stainless Steel) 100 $ $
# 3 Hunter I-20 Pop Up (Stainless Steel) 250 $ $
# 4 Hunter PGP ADJ Pop Up 50 $ $
# 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 100 $ $
# 6 Hunter Ultra 4" ADJ SS CK VLV 50 $ $
# 7 Hunter 4" ADJ Rotor Pop Up 50 $ $
# 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $ $
# 9 Hunter 12" Spray Pop Up Body Only 50 $ $
# 10 Hunter 1" Plas RCV w/ Flow Cntrl (Inline) 50 $ $
# 11 Rain Bird 2" RCV Brs 50 $ $
# 12 Rain Bird 1-1/2 " RCV Brs 50 $ $
# 13 Rain Bird 1" RCV Brs 50 $ $
# 14 Rain Bird 2" RCV Brs 50 $ $
# 15 Rain Bird 1-1/2 " RCV Plas 50 $ $
# 16 Rain Bird 1" RCV Plas 50 $ $
# 17 Rain Bird Diaphragm Assembly - 200G/EFA 50 $ $
# 18 Rain Bird Diaphragm Assembly - 150G/EFA 50 $ $
# 19
Rain Bird Diaphragm Assembly - 75/100
EFA/EFB 50 $ $
# 20 Rain Bird Diaphragm Assembly 150/200 PEB 50 $ $
74 # 21 Rain Bird Diaphragm Assembly 100PE 50 $ $
# 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50 $ $
# 23 Rain Bird Dial Pressure Regulator 50 $ $
# 24 Rain Bird 12" Pop Up Body Only SAM PRS 50 $ $
# 25 Rain Bird 6" Pop Up SAM PRS 50 $ $
# 26 Rain Bird 1804 SAM PRS W/Van Nozzle 75 $ $
# 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $ $
# 28 Rain Bird 1812 SAM PRS W/Van Nozzle 75 $ $
# 29 Rain Bird 1" RCV GB-Series 10 $ $
# 30 Rain Bird 1-1/2" RCV GB-Series 10 $ $
# 31 Rain Bird 2" RCV GB-Series 10 $ $
# 32
Superior 3" Non Pressure Regulating Brass
Valve 2 $ $
# 33 Rain Bird 3/4" 3-RC Quick Coupling Valve 10 $ $
# 34 Rain Bird 1" 44-RC Quick Coupling Valve 5 $ $
# 35 Plastic / Rectangular RCV Box W/ Lid 50 $ $
# 36 Plastic / Round QCV Box W/ Lid 25 $ $
# 37
Rain Bird 1" Valve Replacement Diaphragm
(Brass) 25 $ $
# 38
Rain Bird 1-1/2" Valve Replacement
Diaphragm (Brass) 10 $ $
# 39 Rain Bird RCV Replacement Solenoid 20 $ $
Subtotal: $

PLANT MATERIAL (INSTALLED)
Item
No. Description
Estimated
Quantity Unit Price Total
# 40 Annual Color 85 Flats $ Flat $
# 41 Ground Cover 100 Flats $ Flat $
# 42 One (1) Gallon Shrub 1000 EA $ EA $
# 43 Five (5) Gallon Shrub 1000 EA $ EA $
# 44 Fifteen (15) Gallon Shrub 100 EA $ EA $
Subtotal: $

TREES (INSTALLED)
Item
No. Description
Estimated
Quantity Unit Price Total
# 45
Twenty Four (24) Inch Box Tree W/ Stakes,
Ties & 2 each, 3" X 3' Watering Tubes 80 EA $ EA $
# 46
Thirty Six (36) Inch Box Tree W/ Stakes, Ties
& 2 each, 3" X 3' Watering Tubes 4 EA $ EA $
# 47 Foliar Insecticide Application 4 Per Tree $ EA $
Subtotal: $
75 Item
No. Description
Estimated
Quantity Unit Price Total
# 48 Rototill 5,000 SF $ SF $
Soil Test 20 EA $ EA $
Mechanical Trenching 500 LF $ LF $
Subtotal: $
$ ________________________________________

SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES):
$_______________________________________

GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) $__________________________________________

GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

Maintenance Labor Rates
Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr.

Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work.

Description Normal Business Rate Emergency After-Hours Rate Supervisor $ $
Irrigator $ $
Laborer $ $
Bidders understand twenty-four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City.
76 New Construction Labor Rates
For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code.

Description Normal Business Rate Emergency After-Hour Rate Supervisor $ $
Irrigator $ $
Laborer $ $
Prevailing wages are required on this contract.

Supervisor – Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field.

Irrigator – Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation.

Laborer – Laborer will perform normal maintenance duties throughout the City such as mowing, watering, trash, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance.

EXHIBIT B
Contractor’s Proposal
City of Seal Beach
City-Wide Landscape
Maintenance Services

BUSINESS PROPOSAL
BrightView Landscape Services, Inc.
prepared by Kristina Schafer - Market Sales Manager — 1960 S Yale St, Santa Ana, CA 92704 T:(949) 438.8528 E: [email protected]
Parks and Streetscape Maintenance Services: Business Proposal RFP# 2163 June 5, 2023
Sean Sabo
Management Analyst
Department of Public Works
211 Eight St.

Seal Beach, CA 90704
[email protected]
(562) 431- 2327 Ext. 1431
We are pleased to submit a proposal for City of Seal Beach, City- Wide Landscape Maintenance Services, due on June 5,2023. Enclosed within this document is our proposed service program of recurring landscape maintenance work to be performed according to the City of Seal Beach's specifications for various public facilities.

With over 70 years of experience and industry knowledge, BrightView is the largest full-service landscape company in the United States. In our Landscape Maintenance division, we employ over 20,000+ employees and have 121 branches in 32 states and Puerto Rico. Currently our Orange County Maintenance Division's workload is $60 Million; over 40% is a result of Public Works contracts and 60% is private, commercial and HOA contracts respectively. We lead with local solutions that make sense, while our national reach offers experience in all kinds of markets so you can get the most competitive, cost-effective landscape without cutting corners.

Brightview will provide sufficient labor to meet the City’s landscape maintenance standards, to include a full-time supervisor, who will be present and available during work operations. In addition, our expert irrigation technicians will be available to ensure all irrigation system maintenance requirements outlined in the Scope of Work are maintained and in operable condition. Our licensed chemical advisor and spray technician will be available to provide proper application of all pesticides and make certain that the City’s IPM policy is followed. In case of an emergency, the City Manager will have access to the assigned Project Manager and if additional assistance is needed, the Branch Manager.

As the current landscape provider for many local municipalities, our proven experience managing these sites make BrightView uniquely qualified to be selected as your landscape maintenance firm. We understand that BrightView is responsible for delivering a comprehensive landscape management program to provide the City of Seal Beach with the highest quality commercially accepted methods, procedures, and scientific controls for landscape maintenance. Our landscape program encompasses a planned approach that focuses on safety, job quality and pro-active communication.

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Our management teams are the best in the industry and go through extensive training to ensure all contract guidelines are met for each customer, always delivering on our commitments. BrightView offers a full range of services from general maintenance, design, installation, irrigation, tree services, and horticulture consulting. Minimize your risk and get one team that responds and can deliver landscape solutions across the lifecycle of your community.

Legal Name of Contractor:

BrightView Landscape Services, Inc.

Corporate office location: 980 Jolly Road, Suite 300 Blue Bell, PA 19422 Services will be performed out of the following branch location:
1420 S. Allec St, Anaheim, CA 92805
We are committed to transforming and maintaining the City’s landscaped areas. Our goals are to save you time and money through our tried-and-true horticulture expertise, to maintain for sustainability health and appearance, to stay within your budget and create a completely satisfied partnership We look forward for the opportunity to work with City of Seal Beach on this project.

Sincerely,
Kristina Schafer
Kristina Schafer
Market Sales Manager
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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TABLE OF CONTENTS
Cover Letter
Table of Contaents
Company Qualifications
Local Staffing List
Certifications
Understanding/ Approach
References
Fee & Cost Proposal
Exceptions
Business Entity
Contract Signatories
1-2
3 4-6
7-10
11-15
16-31
32-36
37-69 (44-76 Seal Beach Paper)
70 71-72
73-81

BRIGHTVIEW

OUR MISSION
Taking Care of each other, clients and communities and
Taking Pride in trusted relationships and solutions that matter. By striving to deliver excellence in everything we do, we will realize our vision of leading the landscape services sector.

At BrightView, the promise of our brand is a commitment to deliver Confidence from Excellence.

EXCELLENCE in providing a safe and
engaging work environment where the best
people want to work.

EXCELLENCE in delivering superior business performance
that createsthe freedom to continue to invest in our
people, our clients, and our communities.

EXCELLENCE in delivering consistent
solutions to our clients; every day,
everywhere and by everyone.

EXCELLENCE in leading our industry and taking pride in
beautiful landscapesthat make people smile - work that
impacts the lives of millions of people every day.

PHILOSOPHY AND QUALIFICATIONS:

Our goal is to consistently offer the best value in the marketplace by providing unmatched service, a customized approach focused on your specific priorities and a well-maintained landscape you and the community are proud of. Doing this requires operational excellence.

Our ability to systematically deliver high quality landscaping services is the foundation of our value proposition to our customers. We leverage our local branch structure, with national support, at over 200 branches and the significant breadth of our offerings allows us to service all our customers’ landscaping needs. We believe our long tenured and experienced employee base has resulted in the development of significant institutional horticultural and technical expertise that we systematically deliver to our customers. In addition, we have dedicated resources to enhance employee training, safety, and compliance and through investments in our business systems, we are able to deliver a seamless, professionally managed service experience. Finally, our branch-led business model, supported by a process-driven management approach, supports our focus on quality of service and repeatable execution.

We conduct branch-by-branch reviews and track key operating statistics at a local level to ensure consistency of customer service and operational performance. Our account managers are critical, providing a primary point of contact to the broader BrightView platform and are responsible for the day- to-day support, attention and customized service delivered to customers. The operational practices that allow us to consistently meet our customers’ expectations include:

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OPERATIONAL PRACTICES THAT ALLOW US TO CONSISTENTLY MEET OUR CUSTOMERS’ EXPECTATIONS:
• Internal Training Program –
o Daily stretch and flex activity that allows our teams to communicate goals for the day, speak to potential obstacles and bounce ideas off one another with regards to safety and productivity.
o Quarterly rodeos, where a range of topics are addressed and experienced team members lead demonstrations that cover such topics as Irrigation controller programming to safe operating procedures for different types of power equipment.
o This commitment to training has resulted in the creation of our BrightView Quality Standards manual which is used consistently through all of our locations. • The industry’s top talent –
o We match the specific landscape needs with our most appropriately experienced talent. At BrightView, we have a deep pool of talent. o We recruit from the top horticultural and landscape schools in the country and have an all-encompassing training program that ensures our crews perform at their peak year-round.
o Market recruiter helps to ensure new team members are blended with established leaders as we add to our portfolio of work. • State-of-the-art equipment –
o Our crews operate high quality and well-maintained equipment and are trained to use the most effective tool for each task on your property. o This results in a better product achieved with greater efficiency and fewer injuries.
• Horticultural excellence –
o Plant material looks and performs its best when maintained properly. o Our horticultural experts understand the science of landscape maintenance and will ensure the plant material on your property receivesthe proper care for each season and as unexpected circumstances arise.
• Systematic operations –
o We deploy to ensure our crews focus on your priorities and important details are not overlooked.
o Our approach is to design the most effective path of motion for the work to be performed, specify the equipment to be used and supply our crew with detailed site plans that show their daily, weekly, and monthly activities. • Continuousimprovement –
o We routinely evaluate for safety, quality, and effectiveness in a persistent effort to be better today than we were yesterday.

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Over the past 65+ years, BrightView Landscape Services has become the most trusted name in our industry. We are relied upon to design, maintain and enhance unique places of lasting beauty across the country and around the world. Our track record has demonstrated our unparalleled knowledge and technical ability, outstanding customer service and retention, relentless execution, and a true understanding of customers’ needs. In large part, our ability to offer unmatched quality to our customers has been attributed to the tools and systems we have developed over our 60-year history.

The primary systems that support our quality standards include:

COMMUNICATION SYSTEMS QUALITY EVALUATIONS CUSTOMER SATISFACTION Proactive communication
that allows us to be highly
responsive to
emergencies, special
requests and acts of
nature
Management led evaluations
that ensure our internal
quality standards are met and
our employees can achieve
continuous improvement
Empirically measured
customersatisfaction
thatis taken seriously.

Our goal is 100% satisfied
customers

TRAINING PROGRAMS SAFETY STANDARDS PROMPT RESPONSE
Intensive skills, customer
relations, and quality training
ensure our team can
consistently exceed your
expectations
Training and incentive
programs ensure your
property remains hazard free
and our employees
can return home safely.

Fast and courteousresponse
time to address any
unforeseen issues or work
order requests.

We judge our success by the complete satisfaction of our customers. Every member of your landscape team will strive to earn your trust and loyalty through a proactive relationship in which we consistently perform work of the highest quality with unmatched responsiveness. To meet this goal, we continually collect feedback through a comprehensive customer satisfaction program. We use the valuable insight gained through our survey program to determine system improvements and guide the content of our employee training program.

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Key Personnel
Joshua Dake, Senior Vice President
• Part of the Executive Leadership Team that assist in developing, implementing, and evolving BrightView’s industry leading Standard Operation Procedures. • Works Directly with local Orange County teams to assist in leveraging national resources that can be made available to local operations • Served as an Enhancement Manager, Branch manager, VPGM, and currently SVP. • Southwestern California Operations and Development
• 13 years with BrightView
• Degree in Environmental Science – Virginia Tech
*Authorized to negotiate and sign contract
Christian Galindo, Vice President and General Manager
PROJECTS: Portfolio includes a range of accounts including commercial and industrial properties, small to large retail centers, homeowners’ associations, high end resorts, and public parks. Some jobs include OCFA, Boeing, Allergan and SAMLARC.
• Manage the Southern and Central Orange County Branches. Approximately US$ 18 million dollars in revenue, and approximately 200 employees. • Oversee quality of horticultural services, pest and disease management, agronomic programs, customer satisfaction, safety programs, fleet management, and facilities maintenance.
• 15 years with BrightView
• Bachelor of Science, Environmental Horticulture and Master of Science, Public Horticulture
• Past President of the National Sports Turf Managers Association City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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Diego Barrera, Associate Branch Manager
PROJECTS: City of Lake Forest, City of Anaheim, City of Newport Beach RESPONSIBILITIES: Irrigation System, Sports Turf Management, Renovations, Quality Control, Equipment Management, Branch Management, conducts staff meetings to ensure that goals and objectives are clearly communicated with branch staff.
• Diego has been in the professional industry for over 15 years. He started with us over 8 years ago, previously worked at another landscape firm for seven years.

He has been managing accounts and crews within our maintenance division and enhancement division. Diego has excellent leadership and management skills and can start-up, develop and grow branches with his expertise. He is OSHA Certified under Safety and Health category. He is currently the Associate Branch Manager for our Anaheim Branch and his continuous training ensures valuable expertise to our clients and employees. He works in close communication with colleagues to ensure smooth operations. He is heavily committed to produce City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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James Carr, Manager, Regional Irrigation Specialist
• Communicates routinely with Account Manager to discuss daily, weekly, and monthly schedule
• Work closely with Irrigation Techs, Spray Tech and Landscape crews according to the scope of work
• Develop a solid understanding of the contract to provide the services expected in scope of work
• Lead the daily operation process to make sure that Contract Specialist priorities and concerns are addressed
• Regularly interact with Contract Specialist, providing prompt communication, actively listening, and looking for ways to improve all aspects of Landscape contract • Responsibility will provide and implement a solid water management plan to utilize water usage and cost as efficiently as possible
• 20 years’ experience in the landscape industry
• 5 years with BrightView Landscape Services
Experience and Certifications:
• Certified Landscape Irrigation Auditor
• Certified Backflow Tester #02302391 (American Backflow Prevention Association) • International Certified Society of Arboriculture (ISA) Certified Arborist • Certified Structural Pest Control Applicator (Right-of-Ways, Turf & Ornamental and Industrial/Institutional Weed Control)
• Sustainable Landscape Management Certified
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Organization Chart – Proposed Project Team Members
Josh Dake
Senior Vice
President
Christian
Galidno
VPGM
Diego
Barrera
Associate Branch
Manager
Account
Manager
Production
Manager
Crew
Member
Crew
Member
Crew
Member
Crew
Leader Spray Tech
Irrigation
Tech
James Carr
Regional
Irrigation
Manager
Irrigation
Assistant
Leon
Vitort
Branch Manager
Mow
Crew
Mow
Mow Mow
Crew Crew
Crew
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Other Information – Supporting Documentation
Licenses:

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Other Information – Supporting Documentation
Certifications:

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Other Information – Supporting Documentation
DIR Registration
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Aon | Two Logan Square – 100 North 18th Street | Philadelphia, PA 19103 | 215.255.2000 October 1, 2022
RE: BrightView Landscapes, LLC
To Whom It May Concern:

BrightView Landscapes, LLC has a self-insured retention (SIR) on the following insurance policy:

Professional Liability in the amount of $250,000.

The Professional Liability policy, with Allied World Surplus Lines Insurance Company (A.M. Best Rating A), has the following limits of insurance:
$10,000,000 Per Claim
$10,000,000 Aggregate
BrightView Landscapes, LLC (BrightView) is the largest publicly traded landscape contractor and service provider in the nation with revenues in excess of $2 billion. As a national landscape contractor and service provider, purchasing insurance for its large volume of work, BrightView elects to have large deductibles or self-insured retentions to control premium costs. BrightView and its legacy companies have had large deductibles and/or self-insured retentions for over thirteen years and have always paid all amounts owed. Self-insured costs are projected by an independent actuary, budgeted, and reserved for on the company’s balance sheet. The insurance companies insuring BrightView under deductible programs and/or providing coverage excess of the company’s self-insured retention are financially sound and responsible for payment of losses within their layer of coverage.

Best Regards,
Aon Risk Solutions
Sean Dent
Account Executive
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Holder Identifier : 7777777707070700077763616065553330742537776116654407673104741724022070651546366200330765273423377500207344365402237513076075157620574100716237757217677007515132453277703077727252025773110777777707000707007 6666666606060600062606466204446200660400244226440206222206242040020062200060400422020620000606224020006002026260040020062220240600600000622202426224222206022226062062220066646062240664440666666606000606006 Certificate No : 570084218989

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
09/30/2020
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Northeast, Inc.

New York NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Endurance American Insurance Company 10641 INSURER B: ACE American Insurance Company 22667
INSURER C: American Guarantee & Liability Ins Co 26247
INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

BrightView Landscapes, LLC
980 Jolly Road Suite 300
Blue Bell PA 19422 USA
COVERAGES CERTIFICATE NUMBER: 570084218989 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$2,000,000
$10,000
$2,000,000
$5,000,000
$5,000,000
Contractual Liability
XCU Hazard
B 10/01/2020 10/01/2021
SIR applies per policy terms & conditions
XSLG71080961
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$5,000,000 B 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT (Ea accident)
ISA H25260119

EXCESS LIAB

X OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$3,000,000
$3,000,000
10/01/2020 UMBRELLA LIAB C AUC508596816 10/01/2021

RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $2,000,000
X
OTHER
B 10/01/2020 10/01/2021 PER STATUTE

WC - AOS
B SCFC50803880 10/01/2020 10/01/2021
$2,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A

WC - WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$2,000,000
WLRC50803867
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance.

CERTIFICATE HOLDER CANCELLATION
BrightView Landscapes, LLC AUTHORIZED REPRESENTATIVE
980 Jolly Road Suite 300
Blue Bell PA 19422 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Project Understanding and Work Plan
We understand the individual needs for each of the areas under this contract. Based on our prior experience of working with City's throughout CA, our management and crew members have the familiarity, the knowledge, experience, and management skills that set us apart from the rest. We will follow the scope of work and new recommendations by the Contract Manager accordingly for services such as:
• General Daily Maintenance • Complete Turf Management
• Fertilizer Application • Tree Cleanup
• Irrigation System Maintenance and Water
Management
• Weed Control
• Ground Cover/Vine/Shrub/Tree Trimming • Pest & Rodent Control • Playground Cleanup
Our methodology for keeping up with the maintenance operations will be executed by small groups of skilled crews whose schedules are recommend for approval in the next pages that follow but will remain flexible to adjust as required by the needs and instructions of the City Project Manager. We will no longer need to spend time on initial inspections or discover the specific requirements of the individual sport field; allowing us to move straight into scheduling and commitment to crew size and specialty with the city’s team. Together we can create new priorities and assess any urgent goals for city projects.

We offer various benefits to our customers such as our quality control program, expertise in water conservation, fully staffed maintenance facility, sustainable landscape practices, and new cutting-edge technologies.

QUALITY CONTROL – At BrightView, we take proactive steps to ensure that the quality of service is being met and exceeds contract requirements. Providing service solutions through a single point of contact can expedite and simplify your onsite landscape maintenance needs. Our ability to mobilize quickly on difficult, large scale projects and consistently complete projects on time and within budget, gives us a unique advantage over our competition.

Your Account Manager will be overseeing his crews, along with communicating with the City Poject Managers. The Account Manager will be visiting the job sites frequently to ensure all standards are being met. If needed, they will create punch-lists for the Crew.

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Project Understanding and Work Plan
These BrightView Managers have decision power over project resources, the ability to make the corrections and report back to both the client and operations department when corrections are complete.

We strive to be on the forefront of technology. All BrightView Supervisors and Foremen carry iPhones to take any calls throughout the day. At no point during the working day is communication cut-off between the field and office staff. Using this proactive method of control, gives our maintenance department the ability to handle issues or emergencies and we can keep our projects in pristine condition.

WATER CONSERVATION – BrightView will be providing our expert irrigation professionals to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage. Typically for new jobs we implement a water audit to ensure that proper absorption is occurring in the plant, the irrigation system is running properly, weather conditions and water quality is being observed, all while keeping costs down.

Brightview will also offer the City of Seal Beach at no additional cost, an irrigation asset tracking program to be able to inventory all irrigation components at each of the sports fields.

STAFFING: BrightView has a fully staffed office Monday thru Friday and 24 on-call emergency service. Our equipment maintenance is performed at our in-house mechanic’s shop. Or employees are consistently trained in their individual areas and are fully capable of providing the highest quality of services. We hold a current contractor’s C27 license and are certified in pest control, pest control advising, tree trimming, water management, and equipment handling.

With minimal corporate over-head, this means more cost savings to our clients and faster reaction to concerns and requests. Our current workload is $25Million in maintenance in Orange County. Over 70% is a result of Public Works contracts and 30% is HOA, private and commercial contracts respectively. We are competitively priced in all market segments and our financial stability can be supported by bank references and letters of good standing. We have a bonding capability of over $500Million dollars, and we will be able to provide the requested insurance requirements.

SUSTAINABLE LANDSCAPE PRACTICES: Among our efforts, our Green Initiatives also include the recycling of all green waste material removed from the site, to minimize the impact on the environment. This branch has implemented this practice by collecting and bringing 99% of the green recyclable-material from current jobs onto the dispatch facility.

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Project Understanding and Work Plan
In addition to our web-based work order system we provide to customers, our managers utilize tablets and I-phones to map/track a site’s attributes and to track personnel data, payroll, work order assignments and email communications. We believe that this effort will allow us to more efficiently handle the day-to-day efforts of our entire staff , reduce our carbon footprint through less paperwork and provide exceptional level of customer service to our clients.

GENERAL LANDSCAPE SERVICES: Litter cleanup, mowing, blowing, trimming, and drain/gutter clearing will be done once a week as per the contract specifications with the best practices and minimum disturbance to neighbors, visitors, and facility staff. Supervisors recognize that this is an important matter and will diligently oblige. We recognize that each facility has specific schedules and requirements and have considered the specialist’s new recommendations for all are new schedules.

WEED AND PEST CONTROL: To ensure healthy and well-kept plants, BrightView will implement preventative measures, to include active measures to ensure quality by the crew members. Foremen are trained on a regular basis and will notify the Supervisor of any pest or disease that is present. We are always on the lookout for Pests, and seasons will always be a consideration. As plants are more susceptible to damage and disease under stressful conditions, we provide proper pruning techniques, using well maintained and clean equipment at the facility. In addition, we will monitor adequate moisture and a properly kept irrigation system.

When action is necessary, qualified personnel will inspect, assess, and select proper chemicals and recommend environmentally sound organic products for this purpose. On approval from the City Contract Manager, our QAL will proceed with proper application. If irrigation is the cause, our workers will report it and make recommendations to repair when necessary.

SPORTS FIELDS: BrightView especially recognizes that the City’s sports fields are a highly valued and trafficked landscape attribute. We have well trained crews that do the work professionally, effectively, and beyond the expectations of those using these areas. With our experience with sports fields, we believe will outperform all tasks set forth in the Scope of Work, providing quality maintenance with a proactive approach and cost efficient manner. BrightView possesses the knowledge, experience and management skills that set us apart from the rest. With our company’s qualifications and resources, we feel confident that our abilities will not be surpassed.

IRRIGATION SERVICES: We will be providing our expert irrigation technicians to ensure the plants are getting an adequate amount of water, and that watering clocks are set to the proper specifications. Our irrigation technicians recognize that water conservation is crucial to everyone and having an efficient water practice is the key to optimizing water usage.

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Project Understanding and Work Plan
SAFETY PRACTICES: Safety is a priority at BrightView. Our workers are very aware of their surroundings and participate in daily tailgate safety meetings prior to their shift. Every employee goes through a safety training program at the beginning of their employment and receives on-going training regarding landscape safety measures.

While on-site, our employees will be equipped with gear that will protect them and others from being injured. This includes goggles, gloves, hard toed-shoes, long-sleeves and pants, masks, hard-hats and/or reflective attire/equipment. Our crew members are provided with water, thermos, and shade to protect them from Illness. Crew leaders have been trained about the dangers and how to act if a safety issue presents itself.

Regarding equipment handling, BrightView trains its employees to know how to operate and work around equipment used in the landscape industry. When in the surroundings of equipment or traffic, employees learn signaling to a vehicle, while always wearing their safety vest. Public safety is heavily regulated according to all laws and traffic control is done pursuant to the WATCH Handbook Regulations.

EQUIPMENT: We have a full-service shop at the branch with 2 – full time mechanics that conduct routine maintenance on all trucks and equipment used on our jobs. Our crew will have several stocked Ford F-250 trucks, complete with shovels, brooms, pitch forks, rakes, pruners, wheelbarrow, hoes, chainsaws, leaf blowers, and burlaps to manicure each site thoroughly. Two of the trucks will also be equipped with trailers that will haul all the mowers and specialty sports turf equipment for each of the job sites. Our crews possess the most current and up-to-date tools available, which allows BrightView to service each site as per the City’s standards outlined in the Scope pf Work. Our shears, trimmers, mowers, and blades are constantly sharpened for the best cutting edge possible, as to not damage the plant materials. Brightview has larger equipment available in-house, such as boom trucks, tree trimming trucks, bobcats, tractors, dethatchers, and slice aerators if needed for this job.

SCHEDULING: Weekly schedules will be submitted to the Contract Manager at the specified due date.

They will include the maintenance date for each location and time slot. Any changes will be submitted to the Contract Manager five working days prior to the scheduled work. Yearly maintenance schedules are prepared at the onset of the contract per the scope of work therein the RFP and as defined by the City representative for specified tasks. Such tasks as fertilization, dethatch and aeration which have already been determined in the scope of work are added to the contract yearly outline. The Schedule remains flexible to ensure that any other requests by the City can be accomplished.

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Project Understanding and Work Plan
TURF MANAGEMENT: BrightView recognizes that turf is a wonderful part of all our outdoor spaces, but it is also a high maintenance attribute. We train our crew members the importance of water efficiency, weed control and fertilizer requirements. They understand the difference between a quality mowing by maintaining proper height and sharp blades on our mowers. We also distribute quality job aids to our crew members in conjunction with their training, ensuring the highest quality standards.

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Project Understanding and Work Plan

SCHEDULE SAMPLE
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Project Understanding and Work Plan
QSA -Quality Site Assessment
The QSA System is BrightView’s nationwide program that helps standardize the quality audit process.

Implementing the QSA system will allow us to perform Landscape Quality Evaluations with efficiency and integrity while providing our customers and management a tool to monitor our performance. Our diversified training and communication methods allow us to manage client expectations proactively. One of the successful ways BrightView ensures quality performance is by utilizing a structured self-evaluation process. The QE system will set the standards for the Landscaping Industry.

Technology allows us to dispatch immediately if there is an issue and provide confirmation of completion through photos and prompt reporting. Photos, Quality Inspection Reports and Quality Site Assessments are also used daily to help identify issues and work order locations, as training tools using before and after shots, and to clarify expectations.

This tool provides BrightView:
• Review of inspections
• Address outstanding concerns and review
accomplishments
• Develop and collaborate on KPI’s
• Robust financial visibility and strategic guidance
• Enable benchmarking and leverage best practice
The QSA system was created with 5 key elements in mind:
• To communicate with customers on a regular basis,
monthly, bimonthly, quarterly, or yearly, based on customer preferences and the size of the account • To provide proactive suggestions for improvement through corrective actions and enhancements proposals
• To continuously measure the performance of our team on the job site • To provide a tool for the Branch Manager to use to assess the status of all maintenance accounts throughout the year
• To better gauge the probability of retention of business year to year City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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Project Understanding and Work Plan
QSA -Quality Site Assessment
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Project Understanding and Work Plan
Safety
Provide a safe work environment and safety culture that places the highest level of value on the health and welfare of our employees.

Instill a sense of ownership in our employees and to encourage excellence in all aspects of safety.

Provide safety and regulatory compliance training that insures our employees have the tools to perform in a safe and productive manner.

Promote safety as each employee’s responsibility and endorse as a way of life at work and home The safety and well-being of our customers, your property visitors, the public, and our employees is of paramount importance to our operation. Below are measures we employ to maintain a safe working environment on and off your property.

RESERVING A SAFE ENVIRONMENT CREW SAFETY
Criminal background checks
Initial and random driving record checks
Initial and random drug/alcohol screenings
Fully uniformed crews with safety vests
Brightview logo clearly displayed on vehicles
“How’s my driving?” stickers on vehicles
Required use of cones to demark safety zone
Extensive driver safety certification program
New hire safety orientation
Certification required to use all power
equipment
Reward system for safety compliance
Mandatory weekly field crew safety meetings
Weekly management safety calls
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Project Understanding and Work Plan
Safety
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Project Organization and Staffing
The supervisor to employee ratio is 4:1, 4 Crew Workers for every Foreman. The Foreman is always on site and available to the client to make corrections and guaranty the quality of the work. The area supervision is performed by qualified and trained Supervisors that serve as links between the field personnel and upper management. These Supervisors have decision power over project resources to make any corrections that are necessary and when such corrections are completed, report back to both the client and the operations department. Crew Workers receive on-going training in their individual areas and are fully capable of providing the highest quality of service.

Your assigned main operations office is located at 1420 S. Allec St., Anaheim, CA 92805. We have over 100 employees at this location, to include all crew that will be working on the sites for the City of Seal Beach.

Laborers are required to always wear BrightView uniforms while on the job site so our clients can feel comfortable and safe. These uniforms are made-up of our company logo colors and consist of a buttondown shirt, navy-blue pants, reflective safety vest, hat, and hard-toe work boots. Crew Leaders are identifiable by their blue shirts and Crew Members are identifiable by their green shirts. On the uniforms, they have name and company tags, which are always visible to give City employees access to address any member of our crew .

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Safely Working Near Traffic
Purpose
Company employees face a variety of hazards in the field every day and working near traffic is among the most serious risks we have to overcome. The best practices listed below were developed to minimize these risks.

Planning
One of the most dangerous tasks to perform in a roadway is blowing. Plan activities to minimize roadway clean-up activities. Limit clean-up to only those items in our contractual scope. And assess whether blowing is required – minor amounts of debris may not need to be blown.

Roadway Safety Basics
• Whenever possible, workers should face traffic. Facing traffic maximizes an employee’s ability to see hazards and is critical to maintaining safety.

If a worker on a roadway cannot face traffic, a shadow vehicle is strongly recommended.
• Attempt to cross at intersections with stop signs or traffic lights. Wait for traffic to stop before entering the roadway.
• Minimize time in the road and roadway crossings. Unless unavoidable, roadways should not be used to move people or equipment. When crossing, remember that workers on foot have no right of way outside of crosswalks or at intersecting roads.
• High visibility safety vests are required for all workers near traffic. • Wherever possible, signage, cones, flashers, and reflective materials (tape, triangles) should be used to highlight crew activity in or alongside roadways.
• Stay focused and aware. Slow down and keep your eyes raised as much as possible – roadway hazards can emerge quickly without warning. • Perform roadway work during daylight hours when feasible; avoid times near sunrise or sunset when the sun may be blinding to drivers.

Vehicles
The parking of work zone vehicles and equipment in traffic and turn lanes without adequate lane closures is prohibited. Always attempt to park in adjacent parking lots or on smaller residential streets.

High Risk Roadway Work
• High risk roadways are those where the posted speed limit is 40 MPH or higher or any roadway work performed in darkness.
• Crews working these areas must complete additional training. • Completion of this tailgate meeting does not meet the training requirement for high-risk roadway work. Contact your EHS Director for assistance with training.

Personal awareness and attention to your surroundings are the single greatest defenses to avoiding being struck by a moving vehicle.

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Roadway Work Plan
Purpose
Company employees face a variety of hazards in the field every day while working near traffic. Planning activities to minimize Roadway clean‐up activities to ensure team safety while working within five feet of the shoulder, impeding a lane of traffic, or in a parking lot.

Planning
• One of the most dangerousroadway tasks is blowing. It is loud and can require the operator to be 2‐3 feet into the road. • Assess whether blowing is required – minor amounts of debris may not need to be blown. • Take steps to minimize roadway debris. (i.e., Keeping mover chutes closed and not blowing debris into the road) • Where possible, deploy equipment that allows us to blow or vacuum without leaving the curb‐line, or mount blowers on appropriately equipped vehicles.
• Create Roadway Work Plan when required
Roadwork Work Plan:
• When working within five feet of the shoulder, in a median, where impeding a lane of traffic, or in a parking lot, a Roadway Plan must be developed for that job.
• Roadway Work Plan must identify:
o Job Name and Job Location
o Trained Roadway Safety Team Member
o Number of Team Members on Site
o Type of work Planned
o Posted Speed Limit
o Traffic Conditions
o PPE and Vest Needed
o Traffic Warning/Control Devices Needed
o Drawing of Work Area showing Warning/Control Device Placement City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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Traffic Cone Placement
Purpose
Team members face a variety of hazards in the field every day while working near traffic. The proper placement and use of traffic cones will help reduce the risk of serious injury or fatality and focus on continued prevention and safe work practices.

Planning
• All Maintenance Truck and Trailer combos shall be inspected during dispatch/gate checks to ensure five (5) traffic cones are properly loaded and stored on the vehicles.
• All Enhancement, Irrigation and Production Manager vehicles require three (3) traffic cones. • Required: 28” minimum height, orange cone with two reflective stripes and black base.

Positioning of Cones for Trucks and Towed Units:
• Position cones behind the towed unit, angles toward the curb or side of the road (D.O.T or state guidelines may need tobe used)
• One cone positioned in front of the vehicle
• One cone positioned alongside between truck and towed unit. High visibility safety vests are required for all workers near traffic.

Positioning of Cones for Vehicles without Towed Units:
• One cone positioned behind the vehicle
• One cone positioned in front of the vehicle
• One cone positioned alongside the vehicle
*When parked in a legal parking space, place one cone directly behind the vehicle City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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Roadway Signs and Safety
Devices
Purpose
Team members face a variety of hazards in the field every day while working near traffic. Signage and safety devices becomean important tool in providing safe working areas for team members.

Planning
• Provide necessary work zone safety devices; including compliant signage, reflective tape and triangles, and shadowvehicles when required.
• Ensure that vehicles working in areas that expose team members to speed limits greater than 40 MPH are equipped with high intensity warning lights mounted upon vehicles and riding equipment. • Maximize visibility wherever possible with signs, cones, flashers and reflective materials to highlight crew activity in oralongside roadways.

Roadway Work Zone Vehicles and Ride‐on Equipment
• Any vehicle that movesin roadways against traffic orsignificantly slower than traffic shall be equipped with high intensityrotating, flashing, oscillating, or strobe lights. • Additional reflective tape should be considered on riding equipment. • Vehicles positioned in closed lanes shall have flashers engaged at all times and be appropriately signed and coned perregulation.

Signage Requirements:
• Work Beyond Shoulder requires “ROAD WORK AHEAD” signs to be spaced apart as indicated in the table, and the number of signs required is dependent on the size of the work zone. • Work on Shoulder/Minor Lane Encroachment requires a “ROAD WORK AHEAD” and “END ROAD WORK” on both sidesof a two‐way roadway. Signs to be spaced apart as indicated in table. Cone enforcement is also required.
• Work in Median “ROAD WORK AHEAD” signs are required to be placed on the Right and Left side of the roadway on both sides of traffic (four required signs). • Work in a Subdivision requires Advance Warning Signs “ROAD WORK AHEAD” at all entrances and main intersectionsnear the center of subdivision.
• Work in a Parking Lot requires “ROAD WORK AHEAD” signs at entrances and on center islands of parking lots
Road Type Distance Between
Signs
Urban < 40 MPH 100 Feet
Urban > 40 MPH 350 Feet
Rural 500 Feet
Freeway 1000 Feet
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 30
Introducing the All New
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Related Experience - Reference
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 32
Contract Amount: $633,039 Annual
Prime
Related Experience - Reference
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 33
Prime
Related Experience - Reference
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 34
Prime
Related Experience - Reference
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 35
Prime
Related Experience - Reference
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 36
Prime
44 Prevailing wages are required on this contract.

City of Seal Beach

BID FOR

CITY-WIDE LANDSCAPE MAINTENANCE SERVICES

BASE MAINTENANCE BID SCHEDULE
Almond Park - 4600 Almond Avenue

Arbor Park - 4665 Lampson Avenue
11 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
2 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$2.87
$16.83
$67.34
$36.47
$656.60
$21.88
$1,047.55
$875.16
$3,501.68
$875.28
$1,313.20
$1,137.76
$8,750.63
$17.58
$102.88
$311.54
$222.92
$4,012.55
$133.75
$6,416.70
$5,349.76
$16,200.08
$5,350.08
$8,025.10
$6,955.00
$48,296.72
45 Aster Park - Corner of Aster Street & Candleberry Avenue

Bluebell Park - Corner of Bluebell Street & Almond Avenue

Corsair Park - Corsair Way

0.3 Acre
Item
No. Quantity Unit Description Unit Price Annual Price
5 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.27
$7.48
$29.93
$16.21
$291.82
$9.72
$463.55
$388.96
$1,556.36
$389.04
$583.64
$505.44
$3,886.99
$2.07
$12.15
$48.63
$26.34
$474.21
$15.80
$755.55
$631.80
$2,528.76
$632.16
$948.42
$821.60
$6,318.29
$0.47
$2.80
$11.22
$6.07
$109.43
$3.64
$171.55
$145.60
$583.44
$145.68
$218.86
$189.28
$1,454.41
46 Edison Park - 99 College Park Drive

Eisenhower Park - @ Ocean Avenue & Main Street

Electric Green Belt - Electric Ave. between Seal Beach Blvd. & Marina Dr.

8.4 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
8 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$27.50
$160.87
$643.50
$348.56
$5,874.18
$209.13
$10,037.50
$8,365.24
$33,462.00
$8,365.44
$11,748.36
$10,874.76
$82,853.30
$2.39
$14.03
$56.11
$30.39
$547.16
$18.23
$872.35
$729.56
$2,917.72
$729.36
$1,094.32
$947.96
$7,291.27
$13.43
$78.56
$314.27
$170.22
$2,964.13
$102.13
$4,901.95
$4,085.12
$16,342.04
$4,085.28
$5,928.26
$5,310.76
$40,653.41
47 Greenbelt Pocket Park - 15th & 16th St.

Heather Park - Corner of Heather Street & Lampson Avenue

Heron Pointe Easement – Gum Grove Park – Seal Beach Blvd.

1.6 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
11 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$7.67
$44.89
$179.58
$97.27
$1,550.93
$58.36
$2,799.55
$2,334.28
$9,338.16
$2,334.48
$3,101.86
$3,034.72
$22,943.05
$2.55
$14.96
$59.86
$32.42
$583.64
$19.45
$930.75
$777.92
$3,112.72
$778.08
$1,167.28
$1,011.40
$7,778.15
$2.55
$14.96
$59.86
$32.42
$583.64
$19.45
$930.75
$777.92
$3,112.72
$778.08
$1,167.28
$1,011.40
$7,778.15
48 Marina Park - 151 Marina Drive

River’s End Park

Schooner Park - Schooner Way

1.5 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
14 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$2.39
$14.03
$56.11
$30.39
$547.16
$18.23
$872.35
$729.56
$2,917.72
$729.36
$1,094.32
$947.96
$7,291.27
$7.67
$44.89
$179.58
$97.27
$1,550.93
$58.36
$2,799.55
$2,334.28
$9,338.16
$2,334.48
$3,101.86
$3,034.72
$22,943.05
$2.39
$14.03
$56.11
$30.39
$547.16
$18.23
$872.35
$729.56
$2,917.72
$729.36
$1,094.32
$947.96
$7,291.27
49 Windsurf Park - 1st Street @ Ocean Avenue

Zoeter Green Belt - Corner of 12th Street & Landing Avenue

Zoeter Field - Corner of 12th Street & Landing Avenue

1.8 Acres
Item
No. Quantity Unit Description Unit Price Annual Price
17 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.75
$10.28
$41.15
$22.29
$401.25
$13.37
$638.75
$534.56
$2,139.80
$534.96
$802.50
$695.24
$5,345.81
$1.91
$11.22
$44.89
$24.31
$437.73
$14.59
$697.15
$583.44
$2,334.28
$583.44
$875.46
$758.68
$5,832.45
$2.87
$16.83
$67.34
$36.47
$656.60
$21.88
$1,047.55
$875.16
$3,501.68
$875.28
$1,313.20
$1,137.76
$8,750.63
50 PLANTED MEDIANS
First Street - between Marina Drive & Pacific Coast Hwy. 1,650 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
18 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Lampson Avenue - Basswood Avenue, East to City Limits
5,200 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
20 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.94
$5.69
$19.92
$209.71
$7.11
$343.10
$295.88
$1,035.84
$419.42
$369.72
$2,463.96
$0.50
$3.02
$22.94
$111.43
$3.78
$182.50
$157.04
$550.56
$222.86
$196.56
$1,309.52
$2.59
$15.15
$53.05
$49.26
$591.18
$19.70
$945.35
$787.80
$2,758.60
$1,182.24
$1,182.36
$1,024.40
$7,880.75
51 Marina Drive - @ First Street, West to Bridge
300 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
21 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - South of North Gate Rd. / 405 Fwy. to Westminster Ave. 4,325 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
23 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.15
$0.92
$1.38
$7.00
$36.05
$1.20
$54.75
$47.84
$71.76
$168.00
$72.10
$62.40
$476.85
$1.57
$9.22
$32.28
$29.97
$359.75
$11.99
$573.05
$479.44
$1,678.56
$719.28
$719.50
$623.48
$4,793.31
$2.46
$14.84
$112.58
$546.86
$18.55
$897.90
$771.68
$2,701.92
$1,093.72
$964.60
$6,429.82
52 Seal Beach Blvd. - South of Westminster Ave. to Adolfo Lopez Drive 2,300 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
24 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - South of Bolsa Avenue to Pacific Coast Hwy. 875 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
26 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.30
$7.85
$60.58
$289.43
$9.82
$474.50
$408.20
$1,453.92
$578.86
$510.64
$3,426.12
$1.20
$7.24
$54.94
$266.86
$9.05
$438.00
$376.48
$1,318.56
$533.72
$470.60
$3,137.36
$0.48
$2.94
$22.29
$108.28
$3.67
$175.20
$152.88
$534.96
$216.56
$190.84
$1,270.44
53 Seal Beach Blvd. - South of Pacific Coast Hwy.
220 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
27 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Westminster Avenue - West of Kitts Hwy. to East City Limits - Long Beach Border 1,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
28 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.11
$0.69
$2.44
$2.26
$27.22
$0.90
$40.15
$35.88
$126.88
$54.24
$54.44
$46.80
$358.39
$0.79
$4.75
$36.05
$175.14
$5.94
$288.35
$247.00
$865.20
$350.28
$308.88
$2,059.71
54 PLANTED PARKWAYS
Almond Avenue - South Side, Between Aster Street & Violet Street 5,000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
29 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Bolsa Avenue - North Side, Seal Beach Blvd. to Silver Shoals Ave. 3,020 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
31 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
52 WEEK Hardscape Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$8.61
$51.84
$393.15
$1,709.61
$64.80
$3,142.65
$2,695.68
$9,435.60
$3,419.22
$3,369.60
$22,062.75
$0.88
$5.17
$18.11
$16.82
$201.88
$6.72
$321.20
$268.84
$941.72
$403.68
$403.76
$349.44
$2,688.64
$4.09
$23.49
$78.33
$31.33
$107.48
$678.86
$23.49
$1,492.85
$1,221.48
$4,073.16
$1,629.16
$2,579.52
$1,357.72
$1,221.48
$13,575.37
55 Catalina Ave. Cul-De-Sac, East of Crestview Ave.
736 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
32 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Lampson Ave. - North & South Sides, Basswood Ave. to East City Limits - Garden Grove Border 7,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
34 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.27
$7.64
$57.97
$281.60
$9.55
$463.55
$397.28
$1,391.28
$563.20
$496.60
$3,311.91
$1.03
$6.05
$21.20
$19.68
$236.27
$7.87
$375.95
$314.60
$1,102.40
$472.32
$472.54
$409.24
$3,147.05
$12.75
$76.72
$581.83
$2,626.07
$95.90
$4,653.75
$3,989.44
$13,963.92
$5,252.14
$4,986.80
$32,846.05
56 Main Street - Planters, Between Pacific Coast Hwy. & Ocean Ave. 3,028 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
35 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Ocean Avenue - North Side, Between Main Street & 10th. Street 250 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
37 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$5.21
$31.40
$238.11
$1,056.57
$39.25
$1,901.65
$1,632.80
$5,714.64
$2,113.14
$2,041.00
$13,403.23
$2.00
$11.74
$41.11
$38.17
$458.12
$15.27
$730.00
$610.48
$2,137.72
$916.08
$916.24
$794.04
$6,104.56
$0.36
$2.16
$7.56
$7.02
$84.30
$2.81
$131.40
$112.32
$393.12
$168.48
$168.60
$146.12
$1,120.04
57 Ocean Avenue - Bulb Outs, North & South Side of Ocean Ave. - Between 1st. St. & Electric Ave. 3,290 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
38 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
26 WEEK Hand Watering - May thru Oct.

Subtotal:

Pacific Coast Hwy. - South Side, from 1st. Street East to 5th. Street 600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
40 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$7.69
$59.72
$184.87
$1,083.20
$79.63
$2,806.85
$3,105.44
$4,436.88
$2,166.40
$2,070.38
$14,585.95
$2.63
$15.87
$121.35
$584.57
$19.83
$959.95
$825.24
$2,912.40
$1,169.14
$1,031.16
$6,897.89
$1.03
$6.21
$21.74
$228.80
$7.76
$375.95
$322.92
$1,130.48
$457.60
$403.52
$2,690.47
58 Seal Beach Blvd. - East Side, from Pacific Coast Hwy., South to Electric Ave. 1,400 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
41 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
52 WEEK Hardscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. - East Side, from North Gate Road/405 Fwy. - South to Westminster Ave. 4,000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
42 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$2.40
$14.50
$36.26
$21.75
$502.86
$12.08
$876.00
$754.00
$1,885.52
$1,131.00
$1,005.72
$628.16
$6,280.40
$6.89
$41.46
$314.47
$1,327.43
$51.83
$2,514.85
$2,155.92
$7,547.28
$2,654.86
$2,695.16
$17,568.07
59 SPECIAL LANDSCAPE DISTRICTS
Seal Beach Blvd. Median - from Old Ranch Pkwy. North to Plymouth Dr. 4,200 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
43 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. Parkway - East Side, from Old Ranch Pkwy to Lampson Ave. 800 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
45 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$3.03
$18.26
$120.53
$672.86
$22.83
$1,105.95
$949.52
$2,892.72
$1,345.72
$1,187.16
$7,481.07
$0.43
$2.61
$19.80
$96.17
$3.26
$156.95
$135.72
$475.20
$192.34
$169.52
$1,129.73
$0.49
$2.90
$10.15
$9.42
$113.14
$3.77
$178.85
$150.80
$527.80
$226.08
$226.28
$196.04
$1,505.85
60 Lampson Ave. Parkway - South Side, from Seal Beach Blvd. to the Seal Beach Tennis Center 2,500 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
46 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Seal Beach Blvd. Parkway - East Side, from Lampson Ave. to Plymouth Dr. 2,600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
47 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.54
$9.06
$31.71
$29.44
$353.34
$11.77
$562.10
$471.12
$1,648.92
$706.56
$706.68
$612.04
$4,707.42
$1.61
$9.42
$9.42
$81.68
$367.56
$12.25
$587.65
$489.84
$489.84
$1,960.32
$735.12
$637.00
$4,899.77
61 TRACT ENTRIES
Bridgeport Tract Entry - 5th. Street @ Electric Avenue
1000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
48 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park East Tract Entry - Lampson Ave. @ Heather Street 200 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
50 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.30
$1.77
$7.11
$3.85
$69.38
$2.31
$109.50
$92.04
$369.72
$92.40
$138.76
$120.12
$922.54
$0.09
$0.74
$2.31
$14.84
$0.49
$32.85
$38.48
$55.44
$29.68
$25.48
$181.93
$0.09
$0.74
$2.31
$14.84
$0.49
$32.85
$38.48
$55.44
$29.68
$25.48
$181.93
62 College Park East Tract Entry - Lampson Ave. @ Rose Street 400 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
51 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park East Tract Entry - Lampson Ave. @ Tulip Street 400 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
52 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal
Seal Beach Entry Signs - East Lampson Ave. at Garden Grove Border 2,176 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
53 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.19
$1.49
$4.63
$29.68
$0.99
$69.35
$77.48
$111.12
$59.36
$51.48
$368.79
$0.19
$1.49
$4.63
$29.68
$0.99
$69.35
$77.48
$111.12
$59.36
$51.48
$368.79
$1.04
$8.13
$25.17
$161.13
$5.42
$379.60
$422.76
$604.08
$322.26
$281.84
$2,010.54
63 Seal Beach Entry Sign - Corner of Seal Beach Blvd. & North Gate Road 15,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
54 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

College Park Drive Median - College Park Drive @ Loyola Plaza 180 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
56 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$4.56
$26.68
$76.75
$57.82
$1,040.88
$34.69
$1,664.40
$1,387.36
$3,991.00
$1,387.68
$2,081.76
$1,803.88
$12,316.08
$1.21
$7.12
$28.48
$15.42
$277.71
$9.25
$441.65
$370.24
$1,480.96
$370.08
$555.42
$481.00
$3,699.35
$0.08
$0.67
$2.08
$13.34
$0.44
$29.20
$34.84
$49.92
$26.68
$22.88
$163.52
64 2nd. Street Entry Sign - 2nd. Street @ Central Avenue 5,500 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
57 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.67
$9.78
$39.15
$21.21
$381.78
$12.72
$609.55
$508.56
$2,035.80
$509.04
$763.56
$661.44
$5,087.95
65 BUILDINGS, FACILITIES & GROUNDS
8th Street Parking Lot - Corner of 8th. Street & Ocean Avenue 19,200 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
58 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
Subtotal:

Beverly Manor Reservoir Landscape - 3131 North Gate Road 6,608 square feet - outside area
Item
No. Quantity Unit Description Unit Price Annual Price
60 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$3.51
$10.58
$1,281.15
$550.16
$1,831.31
$0.02
$0.20
$0.63
$4.03
$0.13
$7.30
$10.40
$15.12
$8.06
$6.76
$47.64
$0.45
$2.63
$10.54
$5.71
$102.85
$3.42
$164.25
$136.76
$548.08
$137.04
$205.70
$177.84
$1,369.67
66 Fire Station # 48 - 3131 North Gate Road
53,800 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
61 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

City Hall Building - 211 8th. Street
7,400 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
63 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$3.66
$21.42
$75.71
$46.42
$835.72
$27.85
$1,335.90
$1,113.84
$3,936.92
$1,114.08
$1,671.44
$1,448.20
$10,620.38
$0.14
$1.14
$3.52
$22.59
$0.76
$51.10
$59.28
$84.48
$45.18
$39.52
$279.56
$0.99
$5.81
$23.27
$12.60
$226.89
$7.56
$361.35
$302.12
$1,210.04
$302.40
$453.78
$393.12
$3,022.81
67 Mary Wilson Library - 700 Electric Avenue
20,700 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
64 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Heritage Square Parking Lots - East & West Sides of Main Street - at Electric Avenue 33,000 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
66 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal Subtotal:
$1.40
$8.24
$32.96
$17.85
$321.43
$10.71
$511.00
$428.48
$1,713.92
$428.40
$642.86
$556.92
$4,281.58
$0.60
$3.51
$14.04
$7.60
$136.89
$4.56
$219.00
$182.52
$730.08
$182.40
$273.78
$237.12
$1,824.90
$2.24
$13.14
$52.59
$28.48
$512.77
$17.09
$817.60
$683.28
$2,734.68
$683.52
$1,025.54
$888.68
$6,833.30
68 Main Street Parking Lot - 100 Block of Main Street, East Side 16,300 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
67 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Police Department Building - 911 Seal Beach Blvd.
33,500 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
69 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$1.75
$13.64
$42.22
$270.25
$9.09
$638.75
$709.28
$1,013.28
$540.50
$472.68
$3,374.49
$1.57
$9.21
$36.84
$19.95
$359.24
$11.97
$573.05
$478.92
$1,915.68
$478.80
$718.48
$622.44
$4,787.37
$2.28
$13.34
$53.36
$28.90
$520.34
$17.34
$832.20
$693.68
$2,774.72
$693.60
$1,040.68
$901.68
$6,936.56
69 Sewer Pump Station # 35 - Seal Beach Blvd. @ Electric Avenue 4,300 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
70 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

North Seal Beach Community Center - 3333 St. Cloud Drive 7,700 square feet
Item
No. Quantity Unit Description Unit Price Annual Price
72 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:
$0.29
$1.70
$6.82
$3.69
$66.55
$2.21
$105.85
$88.40
$354.64
$88.56
$133.10
$114.92
$885.47
$17.29
$101.15
$404.60
$219.16
$3,244.89
$131.49
$6,310.85
$5,259.80
$21,039.20
$5,259.84
$6,489.78
$6,837.48
$51,196.95
$0.52
$3.06
$12.25
$6.63
$119.49
$3.98
$189.80
$159.12
$637.00
$159.12
$238.98
$206.96
$1,590.98
70 HARDSCAPE MAINTENANCE AREAS
Road Shoulder, Sidewalk, Tree & Shrub Watering
North Gate Road - North & South Sides from Reservoir to - North Leisure World Gate 3,600 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
73 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
Subtotal:

Subtotal:
$3.63
$17.23
$21.06
$1,324.95
$895.96
$1,095.12
$3,316.03
$2.52
$11.97
$14.64
$919.80
$622.44
$761.28
$2,303.52
$5.63
$32.01
$45.20
$979.36
$67.80
$2,054.95
$1,664.52
$2,350.40
$1,958.72
$1,762.80
$9,791.39
71 First Street - East Side from Marina Drive to Pacific Coast Hwy. 2,000 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
76 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Turf Grass Maintenance
24 BIWEEKLY Landscape Maintenance
2 EACH Fertilization
52 WEEK Irrigation System Maintenance
Subtotal:

Landing Ave. - North & South Sides from Seal Beach Blvd. to 12th. Street 2,456 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
78 365 DAILY General / Daily Maintenance
52 WEEK Weed Control / Tree Well Maint
26 WEEK Hand Watering - May thru Oct.
2 EACH Fertilization
Subtotal:
$1.40
$8.23
$32.92
$17.83
$320.97
$10.69
$511.00
$427.96
$1,711.84
$427.92
$641.94
$555.88
$4,276.54
$2.73
$12.77
$23.95
$12.77
$86.51
$498.31
$31.94
$15.97
$996.45
$664.04
$1,245.40
$664.04
$2,076.24
$996.62
$830.44
$830.44
$8,303.67
$2.09
$11.39
$23.73
$246.86
$762.85
$592.28
$616.98
$493.72
$2,465.83
72 Pacific Coast Hwy. - North Side from 8th. Street, West to City Limits 1,450 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
79 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
Subtotal:

Subtotal:

Westminster Ave. - North Side, The Area Between the Curb & Gutter and the Flood Control Channel. From the Post Office West to the City Limits / Long Beach Border. 3,700 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
82 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
Subtotal:
$0.84
$4.37
$15.45
$306.60
$227.24
$803.40
$1,337.24
$0.85
$4.87
$6.88
$149.24
$10.33
$310.25
$253.24
$357.76
$298.48
$268.58
$1,488.31
$9.29
$27.94
$3,390.85
$1,452.88
$4,843.73
$2.24
$6.74
$817.60
$350.48
$1,168.08
73 Bolsa Avenue - South Side, Riviera Dr. to Balboa Drive 1,100 lineal feet
Item
No. Quantity Unit Description Unit Price Annual Price
83 365 DAILY General / Daily Maintenance
52 WEEK Weed Control
52 WEEK Hardscape Maintenance
Subtotal:
$_________________________________________

SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF

ANNUAL PRICES)

Irrigation Heads and Associated Repair Parts
Item
No. Description
Estimated
Quantity Unit Price Total
# 1 Hunter I-40 Pop Up (Stainless Steel) 20
# 2 Hunter I-25 Pop Up (Stainless Steel) 100
# 3 Hunter I-20 Pop Up (Stainless Steel) 250
# 4 Hunter PGP ADJ Pop Up 50
# 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 100
# 6 Hunter Ultra 4" ADJ SS CK VLV 50
# 7 Hunter 4" ADJ Rotor Pop Up 50
# 8 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50
# 9 Hunter 12" Spray Pop Up Body Only 50
# 10 Hunter 1" Plas RCV w/ Flow Cntrl (Inline) 50
# 11 Rain Bird 2" RCV Brs 50
# 12 Rain Bird 1-1/2 " RCV Brs 50
# 13 Rain Bird 1" RCV Brs 50
# 14 Rain Bird 2" RCV Brs 50
# 15 Rain Bird 1-1/2 " RCV Plas 50
# 16 Rain Bird 1" RCV Plas 50
# 17 Rain Bird Diaphragm Assembly - 200G/EFA 50
# 18 Rain Bird Diaphragm Assembly - 150G/EFA 50
# 19
Rain Bird Diaphragm Assembly - 75/100
EFA/EFB 50
# 20 Rain Bird Diaphragm Assembly 150/200 PEB 50
$1.11
$5.27
$6.45
$405.15
$274.04
$335.40
$1,014.59
659,564.62
$76.84
$50.81
$22.31
$9.91
$5.58
$12.39
$13.63
$13.63
$22.31
$17.35
$272.65
$231.75
$145.00
$154.91
$115.26
$85.51
$69.40
$52.05
$49.57
$57.01
$1,536.74
$5,081.17
$5,576.89
$495.72
$557.69
$619.65
$681.62
$681.62
$1,115.37
$867.52
$13,632.42
$11,587.56
$7,249.97
$7,745.69
$5,762.80
$4,275.62
$3,470.07
$2,602.55
$2,478.62
$2,850.42
74 # 21 Rain Bird Diaphragm Assembly 100PE 50
# 22 Rain Bird Solenoid Assembly - EFB/PEB/PGA 50
# 23 Rain Bird Dial Pressure Regulator 50
# 24 Rain Bird 12" Pop Up Body Only SAM PRS 50
# 25 Rain Bird 6" Pop Up SAM PRS 50
# 26 Rain Bird 1804 SAM PRS W/Van Nozzle 75
# 27 Rain Bird 1806 SAM PRS W/Van Nozzle 75
# 28 Rain Bird 1812 SAM PRS W/Van Nozzle 75
# 29 Rain Bird 1" RCV GB-Series 10
# 30 Rain Bird 1-1/2" RCV GB-Series 10
# 31 Rain Bird 2" RCV GB-Series 10
# 32
Superior 3" Non Pressure Regulating Brass
Valve 2
# 33 Rain Bird 3/4" 3-RC Quick Coupling Valve 10
# 34 Rain Bird 1" 44-RC Quick Coupling Valve 5
# 35 Plastic / Rectangular RCV Box W/ Lid 50
# 36 Plastic / Round QCV Box W/ Lid 25
# 37
Rain Bird 1" Valve Replacement Diaphragm
(Brass) 25
# 38
Rain Bird 1-1/2" Valve Replacement
Diaphragm (Brass) 10
# 39 Rain Bird RCV Replacement Solenoid 20
Subtotal: $

TREES (INSTALLED)
Item
No. Description
Estimated
Quantity Unit Price Total
# 45
Twenty Four (24) Inch Box Tree W/ Stakes,
Ties & 2 each, 3" X 3' Watering Tubes 80 EA $ EA $
# 46
Thirty Six (36) Inch Box Tree W/ Stakes, Ties
& 2 each, 3" X 3' Watering Tubes 4 EA $ EA $
# 47 Foliar Insecticide Application 4 Per Tree $ EA $
Subtotal: $
$52.05
$37.18
$47.09
$19.83
$16.11
$4.96
$16.11
$21.07
$145.00
$231.75
$272.65
$1,152.56
$74.36
$99.14
$39.66
$11.15
$53.29
$61.97
$29.74
$2,602.55
$1,858.97
$2,354.69
$991.45
$805.55
$371.79
$1,208.33
$1,580.12
$1,449.99
$2,317.51
$2,726.48
$2,305.12
$743.59
$495.72
$1,982.90
$278.84
$1,332.26
$619.66
$594.87
105,490.11

26.32 26.32

11.58 26.32

94.74 2,237.20
2,632.00
11,580.00
26,320.00
9,474.00
52,243.20
294.74
100
842.11
27,347.64
23,579.20
3,368.44
400
75 Item
No. Description
Estimated
Quantity Unit Price Total
# 48 Rototill 5,000 SF $ SF $
Soil Test 20 EA $ EA $
Mechanical Trenching 500 LF $ LF $
Subtotal: $
$ ________________________________________

SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES):
$_______________________________________

GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) $__________________________________________

GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work.

0.15 125.00

0.25 750.00
2,500.00
125.00
3,375.00
188,455.99
848,020.57
eight hundred forty-eight thousand twenty dollars and fifty-seven cents 65 65
35 97.50

97.50 52.50
76 New Construction Labor Rates
For the purpose of this section of the agreement all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California labor code.

Description Normal Business Rate Emergency After-Hour Rate Supervisor $ $
Irrigator $ $
Laborer $ $
Prevailing wages are required on this contract.

97.50 52.50
RE: Letter of Exceptions to the Request for Proposals for Seal Beach Landscape Maintenance Services ("Bid") To whom it may concern,
BrightView Landscape Services, Inc. ("BrightView") welcomes the opportunity to submit a bid to the above referenced Request for Proposals (RFP) and looks forward to the possibility of partnering with you. In accordance with the accompanying Instructions, BrightView respectfully submits the following exceptions to the proposed terms and conditions included in the RFP itself and/or the PROFESSIONAL SERVICES AGREEMENT:
1) PROFESSIONAL SERVICES AGREEMENT: 5.1: BrightView believes that it is fair and equitable that the right to terminate without cause should be granted to both parties. Based upon the foregoing, BrightView respectfully requests the following revisions to this section: line 2 - delete "based upon reasonable cause" and replace with "without cause".
2) PROFESSIONAL SERVICES AGREEMENT: 8.2: Since it is hard to determine what drought restrictions and conditions shall be in place at the time of the service are provided and in order to provide the customer with the results expected, BrightView's policy is to disclaim liability related to local water restrictions in the event that the City requests that Brightview exceeds said water restrictions, if any. Based upon the aforementioned reasons, Brightview requests that the following provision be added to this section:
"Consultant shall not be liable for any Losses resulting from the provision of Services or performance of any Work Order hereunder, if such Losses are due to causes or conditions beyond its reasonable control, including but not limited to Losses in any way related to or associated with state or local water regulations or mandates or Consultant's compliance or good faith efforts to comply with state or local water regulations or mandates."
3) PROFESSIONAL SERVICES AGREEMENT: 12.0 Indemnification, Hold Harmless, and Duty to Defend:

Per BrightView's contract policy, to the extent BrightView's negligent performance of its obligations results in property damage or personal injury to a third party, BrightView will indemnify the City for the damages/costs it incurs from such third party. Based upon the foregoing, BrightView respectfully requests that the following is inserted before "claim" on line 4 of this paragraph: "third-party"; line 9 - delete "for" and replace with "to the extenf'; line 10 - delete "arising" and replace with "arises", delete "sole".

BrightView respectfully requests your consideration of the items noted herein and the opportunity to lightly negotiate certain terms for the mutual benefit of both parties. This Letter of Exceptions, together with any attached Scope of Services, Pricing, and other schedules and exhibits attached hereto, constitute BrightView's entire response to the RFP and supersedes all prior BrightView responses to the RFP, whether oral or written.

Please contact Darin Sherlock at 949.614.9148 [email protected] regarding any questions you may have regarding BrightView's proposed bid.

Joshua Dake
s/nior Vice President
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 70

CERTIFICATE OF RESOLUTION
BrightView Maintenance Companies
I, Jonathan Gottsegen, Secretary of BrightView Landscapes, LLC, a Delaware limited liability company (the “Company”), do hereby certify that as of the date hereof, the following resolutions have been adopted by the unanimous approval of the Board of Directors of the Company and the Board of Directors of the Company’s maintenance subsidiaries listed on Exhibit A (the Company and such subsidiaries are sometimes referred to herein as the “Companies”), in accordance with the governing documents of the Companies and that said approvals have not been rescinded, amended or modified:

Authorization to Execute Documents:

RESOLVED, that those individuals listed on Exhibit B hereto are hereby elected and authorized to serve in the offices and for such companies that are indicated therein until their respective successors are elected and qualified or until their earlier resignation, removal or death; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize those individuals listed on Exhibit C hereto, or any of them to execute and deliver in the name of and for and on behalf of the Companies, subject to the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby authorized and directed to execute a Certificate of Resolution certifying to the passage of these resolutions; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company is hereby further authorized to amend Exhibit C hereto from time to time if he or she determines such amendment is necessary to reflect changes in employment status and/or title of the Company’s employees; FURTHER RESOLVED, that any and all persons, firms, corporations and other entities, including, without limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind the Companies by the execution and the delivery of any such bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, nondisclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof;
FURTHER RESOLVED, that the authority herein contained shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was duly authorized to act.

FURTHER RESOLVED, if due to an emergency situation and the Company’s Business Continuity Plan (BCP) is activated by an officers of BrightView Holdings, Inc. all of the Signature Authorities named in Exhibit C hereto shall have the immediate authority and ability to execute and deliver in the name of and for and on behalf of the Companies, without further action needed to be taken by an officers of the Companies and notwithstanding the limitations set forth in the Signatory Authority Policy set forth on Exhibit D hereto, any and all bids, addenda, consulting agreements, applications, permits, certificates and contracts, including but not limited to maintenance agreements, non-disclosure agreements, subcontractor agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 71
agreements, certifications and the renewals and amendments thereof. Once there is no longer an emergency situation and the BCP is deactivated, the limitations in the Signatory Authority Policy set forth on Exhibit D shall once again apply.

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Resolution on this 15th day of April, 2019.
_________________________
Jonathan Gottsegen
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
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Exhibit A – Subsidiaries
BrightView Landscapes, LLC
BrightView Landscape Services, Inc. – CA BrightView
Landscape Services, Inc. – AZ
BrightView Landscape Services, Inc. – CO
BrightView Landscape Services, Inc. – FL
BrightView Landscape Services, Inc. – GA
BrightView Landscape Services, Inc. – NV
BrightView Landscape Services, Inc. – TX
BrightView Landscape Services ULC
BrightView Tree Care Services, Inc.

BrightView Golf Maintenance, Inc.

BrightView Companies, LLC* BrightView
Funding LLC*
*Elected Officers Only
City of Seal Beach City-Wide Landscape Maintenance Services B u s i n e s s P r o p o s a l
P a g e | 73
Exhibit B – Elected Officers
BrightView Landscapes, LLC
Andrew Masterman President and Chief Executive Officer
Jonathan Gottsegen Secretary; Executive Vice President and Chief Legal Officer Brett Urban Executive Vice President and Chief Financial Officer Jeff Herold President, Landscape Services
Thomas Donnelly President, Landscape Development
Katriona Knaus Treasurer
Louay H. Khatib Assistant Treasurer
Robert Tyler Assistant Treasurer
Todd Chambers Executive Vice President and Chief Marketing Officer Brian Bruce Executive Vice President and Chief Information Officer Susan DeSantis Assistant Secretary
Tomas Kuehn Assistant Secretary
BrightView Landscape Services, Inc. – CA
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
Joshua Dake Senior Vice President
Todd Chesnut Senior Vice President
BrightView Landscape Services, Inc. – AZ
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Landscape Services, Inc. – CO
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
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BrightView Landscape Services, Inc. – FL
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
Charles Gonzalez Senior Vice President
BrightView Landscape Services, Inc. – GA
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
Michael Dozier President, Evergreen East
BrightView Landscape Services, Inc. – NV
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Landscape Services, Inc. – TX
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Landscape Services ULC
Jeff Herold Chief Executive Officer and President
Robert Tyler Treasurer
Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
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Joshua Dake Senior Vice President
Todd Chesnut Senior Vice President
BrightView Tree Care Services, Inc.

Jeff Herold Chief Executive Officer and President
Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
Tomas Kuehn Assistant Secretary
Susan DeSantis Assistant Secretary
BrightView Golf Maintenance, Inc.

Jeff Herold Chief Operating Officer and President
Robert Tyler Chief Financial Officer and Assistant Treasurer Jonathan Gottsegen Secretary
Tomas Kuehn Assistant Secretary
B. Todd Bunnell Vice President
Terrance McGuire Vice President
Vincent Gilmartin Vice President
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Treasurer
BrightView Companies, LLC
Brett Urban Chief Executive Officer, President, Chief Financial Officer and Treasurer Robert Tyler Senior Vice President, Assistant Secretary and Assistant Treasurer Jonathan Gottsegen Secretary
Tomas Kuehn Vice President and Assistant Secretary
Brian D. Bruce Vice President
Caroline Weilert Vice President
Louay H. Khatib Assistant Treasurer
Katriona Knaus Assistant Secretary
BrightView Funding LLC
Brett Urban Vice President and Chief Financial Officer
Jonathan Gottsegen Vice President and Secretary
Katriona Knaus Treasurer
Rob Tyler Assistant Treasurer
Louay H. Khatib Assistant Treasurer
Susan DeSantis Assistant Secretary
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Exhibit C – Signatory Authority
Individual Title
Fred Freund President, Evergreen West Division
Jeff Herold President, Golf
Jamie Gollotto President, Seasonal Division
Michael Dozier President, Evergreen East Division
Murray Cook President, Sports Turf
Michael Kinnard Sr. Vice President, Finance & CFO BrightView Landscape Services Josh Dake Group SVP, Evergreen Southwest
Jessica Durbin SVP, Rocky Mountains
Greg Lewandowski SVP, Mid-Atlantic
Darren Mcdonough SVP, Evergreen East
Ray Nobile SVP, Northeast
Karine Stuimer SVP, Northern California
Mark Zobel SVP, Midwest
Todd Chestnut SVP, Southeast
Ben Strickland Group Vice President, Texas
Jon Hasbrouck Group Vice President, Southwest
Michael Underwood Group Vice President, Northern Cal
Randy Pillon TDE Canada, same signature authority as a Group Vice President Russel Simmons Group Vice President, Golf
Andrew Hart VPF, Seasonal Division
Christian Nunez VPF, Evergreen West Division
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Meredith Nicklas VPF, Mid-Atlantic
Trevor Frey Director, Risk Management
Aaron Lott Director, Finance, Rocky Mountain
Genevieve Belanger Director, Finance, Midwest
Stephanie Johnston Director, Finance, Southwest
Terence O’Bright Director, Finance, TDE
Cari Brito Regional Finance Manager, Florida South
Caleb Moore Regional Finance Manager, Texas
James Porter Regional Finance Manager, Florida Central
Jim Marouchoc Regional Finance Manager, Golf
Melylnda Rudolff Regional Finance Manager, Northern California Octavio Suarez Rincon Regional Finance Lead, Southwest
Peter Hafer Regional Finance Manager, Northeast
Rose Grennell Regional Finance Lead, Southwest
Shawna Grennell Regional Finance Lead, Southeast
Yulia Stepanets Regional Finance Manager, Texas
Adam Budniak VPGM, So Cal
Andrew Mori VPGM, So Cal
Brandon Steene VPGM, Northern Cal
Charles Gonzalez VPGM, Florida South
Chris Greene VPGM, Mid-Atlantic
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Christian Galindo VPGM, Southwest
Christopher Jones VPGM, Midwest
Daniel Perry VPGM, Florida South
David Howell VPGM, Southwest
David Palmer VPGM, Northeast
David Sharp VPGM, Midwest
Judd Strohmeyer VPGM, Northeast
Justin Hatchett VPGM, Mid-Atlantic
Kevin Kenney VPGM, Mid-Atlantic
Kevin Mefford VPGM, Southwest
Luis Caballero VPGM, Southwest
Mark Cruzan VPGM, Florida South
Matt Bevill VPGM, Northwest
Michael Soares VPGM, Northern California
Paul McGrath VPGM, Southeast
Rene Rivera VPGM, So Cal* (SVP authority per Delegation of Authority form) Scott Godfrey VPGM, Evergreen NW Tree Care Services
Scott Sifton VPGM, Southeast
Scott Sikora VPGM, Florida Central
Scott Smith VPGM, Southeast
Steve Brackin VPGM, Southeast
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Tariq Ahmed VPGM, Northeast
Terry McGuire VPGM, Southeast Golf
Todd Thompson VPGM, Mid-Atlantic
Vincent Gilmartin VPGM, Northeast Region
Brian Ostler GM, Southwest
Chad Jaudon GM, Southeast
Chad Olsen GM, Sports Turf
Christoper Rhine GM, Southwest
Fairlight Beard GM, Northern California
Francisco Alvarez GM, Texas
John Berg GM, Southwest
Justin Cooke GM, Midwest
Marc Fortson GM, Evergreen East
Mark McCormick GM, Florida Central
Mark Moore GM, Winter Services, Northeast
Matt Maierhofer GM, Rocky Mountain
Mike Murphy GM, Texas
Mike Ney GM, Northern CA
Shawn Rommerdahl GM, Florida Central
Yusef Mohmed GM, Texas
Senior Branch Manger Per Title
Branch Manger Per Title
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Exhibit D - Signatory Authority Policy
Authority to execute service contracts for the Company is granted to a limited group of officers (“Authorized Signer”). Such signature authority is not a matter of preference or informal policy; rather, it is a directive set by the Company’s Board of Directors. The Signature Authority outlined below applies to each Landscape Services entity and is in addition to the review and approval requirements set forth in BrightView’s Contract Policy & Procedure Guidelines.

MAINTENCE SIGNATURE AUTHORITY
ONLY AUTHORIZED SIGNERS SHALL SIGN A CONTRACT ON BEHALF OF THE COMPANY.

IF THE OFFICER’S TITLE DOES NOT APPEAR IN THE TABLE BELOW AND YOUR NAME DOES NOT

APPEAR ON A CERTIFICATE OF RESOLUTION SUCH PERSON IS N O T A N A U T H O R I Z E D S I G N E R A N D DO NOT HAVE AUTHORITY TO SIGN A CONTRACT ON BEHALF OF THE COMPANY.

IF AN EMPLOYEE EXECUTES A CONTRACT WITHOUT BEING AN AUTHORIZED SIGNER, THE

EMPLOYEE IS SUBJECT TO DISCIPLINE BY BRIGHTVIEW, UP TO AND INCLUDING TERMINATION OF EMPLOYMENT.

AUTHORIZED SIGNER* MAINTENANCE SERVICE CONTRACTS
CFO for Maintenance ;Services Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility. All National Account Masters and Cross Divisional Agreements.

Division President Any BV Landscape Services contracts and Service Provider agreements in the BrightView Entities for which they have responsibility.

Division VPF; Group SVP; Director,
Finance
All BV Landscape Services contracts and Service Provider agreements with an annual value <$1.5M in the Division; Group or Region(s); for which they have responsibility
SVP; Group President; Group VP;
Regional Finance Manager; Regional
Finance Lead
All BV Landscape Services contracts and Service Provider agreements with an annual value <$1M in the Division; Group or Region(s); for which they have responsibility
VPGM & GM+ • Any Services contracts (excluding fixed fee snow) and Service Provider agreements with an annual value <$50K in the
Market(s) for which they have responsibility
• Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre‐approved
BrightView template with no changes and an annual value <$250K for the Market(s) for which they have responsibility • Any Landscape Services contract (excluding fixed fee snow) and Service Provider agreements that are on a pre‐approved
BrightView template with changes and an annual value <$50K for the Market(s) for which they have responsibility
• I‐9 certifications for the market for which they have responsibility
Sr. BM & BM • Non‐recurring enhancement or tree service <$100K for the Branch(es) for which they have responsibility
• Any internal contract issued from a BV entity to a BV Branch(es) (i.e., BES to BVL, LLC; BVLD to BVLS, Inc., etc.) Lien releases and lien waivers
Elected Officers Any BrightView Document for the Maintenance Entity for which they are elected.

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*
Does not include National Account Masters or BES contracts +
VPGM & GM signatories may sign in place of a BM signatory only for the market for which they have responsibility.

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

Agenda Item J

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with Asad Holdings LLC dba OrangeBlue
General Contractors, for the Tennis and Pickleball Center Improvement Project, CIP BG2105
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7437:

1. Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and,

2. Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,075,500, including the Total Base Bid of $1,956,500, Item A1.1 Bid Stipulated Allowance, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and,

4. Authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000, in connection with the Project, in the cumulative not-to-exceed amount of $210,000.

BACKGROUND AND ANALYSIS:

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

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Seal Beach City CouncilAugust 14, 2023

Seal Beach City Council
August 14, 2023