Agenda packet — Seal Beach City Council, January 22, 2024 (part 1 of 4)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, January 22, 2024 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

SCHELLY SUSTARSIC
MAYOR
Fourth District

LISA LANDAU
MAYOR PRO TEM
Third District

JOE KALMICK
COUNCIL MEMBER
First District

THOMAS MOORE
COUNCIL MEMBER
Second 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

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 Sustarsic
Supplemental Communications from Council Member Moore
Public Comment via Portal from Jo8n.

Emailed Comment From Steven Stasoiski.

Public Comment from Hope Horning
Council Comments from Council Member Steele
Public Comment from John Boyle

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
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

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

A. Approval of the December 11, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on December 11, 2023.

B. Demands on City Treasury (Fiscal Year 2024) January 22, 2024 - Ratification.

C. Monthly Investment Report (November 30, 2023 & December 31, 2023) - Receive and file.

D. 2024 City Council Appointments as Representatives to Intergovernmental Agencies - That the City Council adopt Resolution 7473:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and, 2. Direct the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806.

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

F. Memorandum of Understanding with the Federal Bureau of Investigations (FBI) to Authorize the Seal Beach Police Department to Use the Jerry Crowe Regional Tactical Training Facility for Personnel Training - That the City Council adopt Resolution 7474 to approve and authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department.

G. Notice of Completion for Sidewalk Assessment and Trip Hazard Removal Services - That the City Council adopt Resolution 7475: 1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance.

H. Awarding and Authorizing Execution of Public Works Agreement with Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP No. O-ST-4 - That the City Council adopt Resolution 7476: 1. Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4; and, 2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9 of $3,016; and rejecting all other bids; and, 3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project, in the cumulative not-to-exceed amount of $10,000.

I. Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with West Coast Arborists, Inc. for City-Wide Tree Maintenance Services - That the City Council adopt Resolution 7477: 1.

Awarding a Professional Maintenance Services Agreement to West Coast Arborists, Inc., in a not-to-exceed amount of $259,010 per year to provide City-Wide tree 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 $259,010 one-year term extension; and, 4. Rejecting all other proposals.

J. Awarding and Authorizing a Professional Services Agreement with Minagar & Associates, Inc. for a Safety Action Plan - That the City Council adopt Resolution 7478: 1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not-to-exceed amount of $198,144 to prepare a Safety Action Plan; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan.

K. Notice of Completion for the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6 - That the City Council adopt Resolution 7479: 1. Accepting the FY 2022-2023 Fiber Design Plans – Lampson Avenue Fiber, CIP O-ST-6, by Crosstown Electrical and Data, Inc., in the amount of $383,264.04; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

L. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project - That the City Council adopt Resolution 7480:

1. Approving Cooperative Agreement No. C-3-3058 with Orange County Transportation Authority for the Alternative Signal Communication Demonstration Project; and, 2. Authorizing and directing the City Manager to execute Cooperative Agreement No. C-3-3058.

M. Application for Grant Funds for the Orange County Community Resources OC Housing and Community Public Facilities and Improvements Grant - That the City Council adopt Resolution 7481: 1.

Approving the application for grant funds related to the OC Housing and Community Development Public Facilities and Improvements to apply upgrades to the North Seal Beach Community Center, and to accept any funds awarded through the program; and, 2. Directing the City Manager to execute all necessary documents to apply for, accept, receive and utilize the grant funding to participate in the grant program, including incorporation in the 2024-25 Fiscal Year proposed Annual Budget.

N. Approving Surfside Colony Emergency Sand Berm Construction Expenditure Reimbursement by Surfside Colony, Ltd., and Budget Amendment BA #24-07-01 - That the City Council adopt Resolution 7482: 1.

Approving Surfside Colony Emergency Sand Berm Construction expenditure reimbursement in a not-to-exceed amount of $22,000; and, 2. Approving Budget Amendment #BA 24-07-01 in the amount of $22,000.

ITEMS REMOVED FROM THE CONSENT CALENDAR

PUBLIC HEARING
O. Amendment to Cost Recovery Schedule to Amend Dog Licensing Fees and Amendment to Administrative Penalty Schedule to Add Penalty Amount for Non-Compliance with Dog Licensing Requirements - That the City Council adopt Resolution 7483 amending the City of Seal Beach Cost Recovery Schedule to amend fees for dog licenses and to amend the Penalty Schedule for non-compliance with dog licensing requirements fee schedule to better reflect the needs of animal licensing requirements.

UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
P. Ordinance to Amend the Seal Beach Municipal Code Regarding Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions - That the City Council introduce, waive full reading, and read by title only, Ordinance 1708, an Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Amend Certain Animal Control Regulations Relating to Dog Licensing, Rabies Control, and Other Animal Control Requirements and Prohibitions.

ADJOURNMENT
Adjourn the City Council to Monday, February 12, 2024 at 5:30 p.m. to meet in closed session, if deemed necessary.
1 Questions for January 22, 2024, City Council Meeting Sustarsic Warrants:
# 28412 Megan Coats 11/30/23 $ 130.26
Public Notice Distribution – SB Housing ele
What is this payment for?
This payment is for reimbursement for a certified mailing noticing the Notice of Preparation/Initial Study for the EIR related to the zoning update/housing element update. # 28504 Pacific Advanced Civil Engineering Inc 11/30/23 $14,025.00 B629-19 SB Hydrogen Sulfide removal serv
What and where is this for?
This payment is related to the Lampson Well Treatment System design (CIP WT1902). # 28515 Telecomm Law Firm P.C. 11/30/23 $ 3,021.60
211 8th, 3900 Lampson, 3131 N. Gate
What are these services?
These services are specific to wireless leases on public property. Several contracts require updating and renegotiation, and a law firm with expertise in telecommunications is essential. # 28519 Tripepi, Smith & Associates 12/7/23 $13,050.00
Strategic Plan Retainer; Strategic Plan Prio
What services were provided here?
Tripepi Smith has provided the City of Seal Beach with their marketing expertise since October 2, 2023. The Tripepi Smith and City of Seal Beach contract includes three weekly social media posts, one press release per month, a monthly metrics report and quarterly communication outreach planning.

Tripepi Smith created the City of Seal Beach’s social media platforms on Instagram (@cityofsealbeach), Facebook (City of Seal Beach - Local Government), and X/Twitter (@sealbeachcityca). So far, Tripepi Smith has curated 42 posts, which were published across these platforms.

Since October, Tripepi Smith has worked to increase engagement on these City social media accounts and has helped the City of Seal Beach reach:
• 396 followers on Instagram
• 233 followers on Facebook
• 34 followers on X (formerly Twitter).
2 Tripepi Smith drafted three press releases for the City. Two of those have been distributed to media outlets, the third is pending distribution. Tripepi Smith has also helped design a new digital newsletter template for the City. Tripepi Smith and Seal Beach City Staff meet bi-weekly to discuss important upcoming topics for Tripepi Smith to plan its content creation for Seal Beach. # 28573 Ron’s Maintenance Inc 12/21/23 $ 8,960.00
Fall 2023 Bi-annual catch basin cleaning
What services were provided?
This payment is related to debris clearing at the storm drain catch basins to allow storm water to properly flow through.

Item E. Quarterly Contracts:

Tripepi Smith: $39,150.00. This contract was initiated on 10/2/23. Which events, meetings and/or press releases has Tripepi Smith provided assistance with public outreach for as of this date? ***See response regarding the same contract in the response above.

Silsby Strategic Advisors Inc: $26,000.00. (11/1/23). Fleet modernization analysis (Public Works). What is involved in this contract?
The fleet modernization analysis will review the existing fleet inventory, update the vehicle replacement criteria and schedule, develop a replacement and procurement strategy that incorporates new legislation (i.e., zero emission vehicles), and provide a framework to stay compliant with regulations.

Holistic Systems Integration Solutions: $24,000.00 (11/1/23). Configuration and Implementation of Solar app (Community Development). What is involved in this contract? State law requires the City offer 100% online review of small solar applications and has provided SolarApp+ as a web-based software solution for communities to use. The software must be customized by us in order to implement it. Holistic will provide the customization and implementation services to deliver a working product to City staff. The City Council approved a grant application to fund this effort in April 2023 for $40,000, which was obtained.

Sherry Johnson (Finance): $25,500.00 (11/14/23). Enterprise Resource Planning System Implementation. What is involved in this contract?
The consultant is engaged on an as-needed basis to support the implementation of Incode, the Enterprise Resource Planning system. Specifically, their focus is on integrating previously unimplemented Human Resources and Finance modules. This ensures a streamlined and efficient operation of the ERP system in these crucial areas.

Item I. West Coast Arborists: There were no amounts listed for other bids? 3 Generally, costs associated with a Request for Proposals are not listed, compared to a public bid, as cost is only one component of the evaluation criteria. Nevertheless, the proposed costs are listed below:

Contractor Amount
West Coast Arborist, Inc. $259,010.00
Brightview Tree Care $261,539.23
Great Scott Tree Services, Inc. $299,480.00
Mariposa Landscapes Inc. $419,330.00
Item K. NOC for Lampson Avenue Fiber: CIP O-ST-6. The cost of this project was $ 4 No response provided since the question is incomplete.

Item L. OCTA Alternative Signal Communication Demonstration Project. What information will Seal Beach receive from OCTA’s demonstration project – compared to those connected to the Traffic Management Center via fiber?
It is generally anticipated that the relay of information will be similar (i.e., timing data, operation modes, etc.). This demonstration program may show us deviations from fiber in terms of speed and/or data relay due to wireless communication reliability.

Item O. Amendment to Cost Recovery Schedule for Dog Licensing Fees – Public Hearing When we were using Long Beach for Dog Licensing, how many dog licenses per year were issued in Seal Beach?
Dog licenses that were purchased in 2022 (this data was provided by Long Beach).

For calendar year 2022:
▪ Number of Unaltered Licenses - 34
▪ Number of Altered Licenses - 491
▪ Number of Senior Unaltered Licenses - 29
▪ Number of Senior Altered Licenses - 897
▪ Number of Service Dog Licenses - 4
1 CC Questions 01212024
ITEM B:

What software implementation services does this specifically refer to? Ms. Zarco acts on the City’s behalf to assist in the implementation of EPL - formerly known as Energov, which is a Tyler Technologies product. EPL is the land and permit management system that will be used by Planning, Building, Code Enforcement, Special Events, and PW Engineering.

What are Verizon air cards services? Was this temporary or an ongoing expense? This is a recurring cost associated with cellular connectivity. The bulk of this service is used by the Police Department.

We use cellular connections for the following:
• Remote sites (SBTPC, McGaugh Pool, Fire Station 48 meeting room, Police Mobile Command Post)
• Police Fleet (All police vehicles and parking vehicles) • Brazos patrol cite writers
• Parking enforcement cite writers
• Mobile ID – Handheld Identification Devices
• ALPR (Automatic License Plate Readers)
• Remote cameras (Fixed cameras on main street, mobile camera trailers, drone video transmitter)
• Executive cell phones / hotspots
What Main street revitalization plans are being made? What are the details of this? This payment is for the Main Street intersection pavement design concept plans. 2 Could we get more details what the Services are highlighted below? Invoice 12402407 and 1239113 are to refresh servers: Windows 2012R2 virtual servers and a new ESX Host to allow an upgrade to VMWare 8.

Invoice 1240325 is part of the MFA implementation, specifically to install and configure Windows NPS, the NPS extension, and to configure the radius authentication configuration on the firewall.

Could we get a timeline when MFA will go into effect?
We are working on MFA and a server refresh in parallel and making steady progress. However, we have a change order that needs to be processed as there are additional costs associated with integrating our VPNs, but this cost will be offset by savings associated with the server refresh/update.
3 ITEM E:

Will this be a future ongoing expense? Could you provide some details on this? Tyler Technologies’ My Civic Suite is a customer engagement website and app-based portal. The City is launching a pilot program to allow residents and businesses to report work orders through this channel, providing a more uniform and systematic approach to addressing maintenance needs.

Provided the 1st pilot year is satisfactory and the City elects to continue with the citizen engagement platform, reoccurring fees are in the amount of $8,800/year.

ITEM I:

What was the previous contract amount vs. the current amount for City-Wide Tree Maintenance Services?
The previous contract amount was $162,950, which includes the base and unforeseen work allowance.

ITEM J:

What types of safety items will be addressed here and what is the total the City will have to fund after receiving grant funding?
As indicated in the staff report, items addressed under the Safety Action Plan (“SAP”) are targeted towards roadway safety and risk mitigation strategies. The City’s grant match is 20% of the total SAP cost, which is capped at $50,000. While there is no obligation to fund the SAP-recommended strategies, the SAP will allow the City to become eligible for outside funding sources to implement the strategies.

Name: JO8N N8OJ
Comment - 01/22/2024 10:41 AM: ( No Vote )
Counsel 12/11/23
John William Kochevar
December 11, 2023,
12 + 11 = 23,
My Little Brother Is Trisomy 23* (Trisomy *21 Sorry Bro), Dear Trinity How Many Human Sacrifices Are In Trisomy 23’s* (Trisomy *21’s Sorry Bro) Genetic History? Eight Years Ago, I Remember Feeling The Unspeakable Answer Baptizing Me In Fire After Ingesting A Large Dose Of A Psychedelic In Secret Then Thrashing My Room, Hurting Myself, And Screaming, “You Don’t Understand! If He Is Ok, Just Kill Me!”
After My Mom Calls 911, My Dad Holds Me Down, The Police Restrain Me On A Stretcher, And The EMTs Inject Me With A Benzodiazepine, I Am On A 5150 72-Hour Psychiatric Hold In The Hospital.

I Am Born Again, Remembering My Birth Day: Restrained And Circumcised By A Christian Culture Completely Out Of Touch With Its Own Word Is Flesh Ritual.

In My Case Number 16-1427, The Seal Beach Police Decriminalize Possession Of A Wide Range Of Psychedelics But Most Importantly: The Miracle Mushroom.

The Seal Beach Police Placed Their Faith In Me To Find Help.

I Am Grateful To God, My Mom, Dad, Brother, Friends, Therapists, Seal Beach EMTs, Police, Fire, City Staff, And Los Al Hospital For Helping Me Live Through A Challenging 8 Year Trip.

So, Now, Here I Stand, Returning To The Tribe With The Help I Found: I Agendize.

I Officially Decriminalize Possession And Use Of Miracle Mushrooms That Bleed Blue For Seal Beach Residents Within The Christian Religion’s Eucharist Birth Rite On Sunday Sabbath.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

I Am The Altar That Makes The Gift Sacred:

I Wrote The Law On The Mayor,
I Wrote The Law On The Governor,
I Wrote The Law On The President,
I Wrote The Law On The Pope.

They Do Not Know How To Read,
Jesus Christ, Literally Listen To Godspeed,
Cuban Missile Crisis, Psilocybe Cubensis,
Mutually Assured Jesus, Crux Photosynthesis.

I Feed Nativity Livestock The Manger’s Gold:

I Have Faith The Size Of A Mushroom Spore,
I Move 7 Continents Through Sabbath’s Door.

I Marry Christmas With The New Year Ring,
Tree Buries Treasure In Father’s Bond,
I See X See-ing Is Believing,
Underground Presents Correspond.

Jesus And I Are The Pair Able.
(Draw JO8N)

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
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

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.
1 Gloria Harper
From: Steven Stasoiski <[email protected]>
Sent: Saturday, January 13, 2024 11:36 AM
To: Gloria Harper
Subject: Animal License Fees Public Hearing
I would like my comment and question regarding dogs and animal control services written below to be considered for the public hearing scheduled to be held in January 2024.

What are the laws for dogs in Seal Beach and does Animal Control Services enforce them? I've lived in Old Town Seal Beach for over 20 years, and I have noticed a significant increase in the population of dogs which I believe has gotten out of control. I see dogs on the pier, on the beach, inside restaurants, inside grocery stores, and I see many dogs unleashed.

Are there not laws to prohibit these occurrences? If yes, then what is Seal Beach doing to stop them from happening? I look forward to hearing and/or reading a response.

Thank you,
Steven Stasoiski

At last month' s meeting, there was much discussion about water and sewer rate hikes that will double n just a few years. As a former Federal Warranted Officer that signed contracts for the United States of America, I understand source and use of funds, appropriations, and allocations. So, I did some research about source and use of these funds and learned that water and sewage rates are supposed to reflect the cost of providing those services to customers or ratepayers. In a wellmanaged city, water and sewer revenues are used to obtain water, operate & maintain delivery & treatment systems, and fund necessary capital projects. In particular, proactive preventive maintenance projects, which ensure safe and effective services, instead of reactive emergency fixes of failing infrastructures. Water and sewer rate increases, usually are necessitated when general funds begin to subsidize water and sewer operations. THAT is not the case with the city of Seal Beach, it' s just the opposite, water and sewer revenues are subsidizing general fund operations. I l V waterI 11 YV V revenues I\ r1 V I subsidizing\ AILI general1 fund VI U IVI V.

Specifically, over one day a week, the salaries of the city manager, assistant city manager, and 2 manager analysts, come from water and sewer revenue. I don' t believe the citizens of Seal Beach, who conscientiously conserved water during years of drought, should be penalized for their efforts, especially when water and sewer revenue is not being used to just deliver those services, but is being used to subsidize 25 to 35% of the very largest city salaries. And I find it hard to believe that employees in those positions really spend over one day a week or equivalent hours managing or administrating water and sewer operations, when we have a whole department for that. Even part of your salary as city council members is allocated as coming from water and sewer revenue. And in another matter, at almost every council meeting, Councilman Steele expresses concerns about the potential impact of a projected annual $ 5 million dollar deficit over the next 3 years for a total of $ 15 million dollars. There is a better way to address those potential deficits than on the backs of folks using water and sewer services. So, I would point out, an article in last week's Sun Newspaper indicating " Multiple Job Openings in Seal Beach City Government" and note the quickest way to reduce that potential deficit is to reduce personnel costs. Maybe, we should consider letting those positions unfilled until the economy
turns
go around or we get better projection. unfilled 1 the economy turns around V a projection.

In conclusion, I direct your attention to the section of the city manager' s contract regarding "Annual Evaluations and Salary Review," which requires " On or before March 1 of each year . . . the City Council shall conduct an evaluation of Employee' s performance." During that evaluation, the City Council and Employee shall mutually established performance goals and objectives and reflect such in salary and benefits offered. Because of COVID, there has not been such an evaluation for a number years and that is understandable. But the time has come and it' s really past due, for you to meet your contractual obligations to your Employee and conduct THAT evaluation. Maybe you should do exit interviews with the multiple employees who have left our city government. It is also pastime to conduct that evaluation on behalf of your other employees and in the interest of your constituents. 1 C
POSITION ALLOCATION PLAN IFY 2023- 2024
Funds Allocation
Adopted General Tidelands Water Sewer Other
DEPARTMENT DIVISION POSITION FY2023- 24 Vacant ( 101) ( 106) ( 501) ( 503) Various

CITY COUNCIL
101-0010 City Council Council Member 5.00 - 4. 50 - 0. 25 0. 25 - Total City Council 5.00 - 4.50 - 0. 25 0. 26 -

CITY MANAGER
101- 0011 City Manager City Manager 1. 00 - 0.70 - 0.20 0.08 0.02 „ 101- 0011 City Manager Assistant City Manager 1. 00 - 0.55 0.05 0. 25 0. 10 0.05. 101- 0014 City Manager Management Analyst 2. 00 - 1. 20 0.26 0.35 0. 15 0.04, 101- 0011 City Manager Executive Assistant 1. 00 - 0. 75 - 0. 15 0. 075 0. 025 ,, Total City Manager 6. 00 - 3. 20 0. 31 0. 95 0. 41 0. 14

CITY CLERK
101- 0012 City Clerk/ Election City Clerk 1. 00 - 0.80 - 0.15 0.05 - . 2( 101- 0012 City Clerk/ Election Deputy City Clerk 1. 00 - 0.75 - 0. 15 0. 10 - . P 101- 0012 City Clerk/ Election Executive Assistant( Part- time) 0.76 - 0. 61 - 0. 11 0. 04 - . I S Total City Clerk 2.76 - 2. 16 - 0.41 0. 19 -

FINANCE
101- 0017 Finance Director of Finance/ City Treasurer 1. 00 - 0. 70 - 0. 225 0. 075 - 101- 0017 Finance Finance Manager 1. 00 - 0. 70 - 0. 225 0. 075 - 101- 0017 Finance Accountant 1. 00 - 0.60 - 0.30 0. 10 -,/ t0 101-
101- 0017
0017
Finance Senior Accounting Technician( A/ P) 1. 00 - 0. 10 - 0. 75 0. 15 - AO Finance Senior Accounting Technician( Payroll) 1. 00 - 0.60 - 0.30 0. 10 -.' W 101- 0017 Finance Senior Accounting Technician( Utlity) 1. 00 0.75 0. 25 1. 00 101- 0017 Finance Management Analyst 1. 00 - 0.60 - 0. 30 0. 10 - 4r7 101- 0017 Finance Account Technician 1. 00 1. 00 0.80 - 0. 15 0. 05 -, 1.0 501- 0900 Finance Accounting Technician( Part- time) 0. 46 - 0.46 - 101- 0017 Finance Office Specialist( Part-time) 0.60 - 0. 60 - Total Finance Department 9. 06 1. 00 4. 70 - 3. 46 0. 90 - POLICE
101- 0021 EOC Police Sergeant 1. 00 - 1 00 -
101- 0022 Field Services Police Chief 1. 00 - 1. 00 -
101- 0022 Field Services Police Captain 2. 00 - 2. 00 - 101- 0022 Field Services Police Lieutenant 2. 00 - 2. 00 - 101- 0022 Field Services Police Sergeant 5. 00 - 5. 00 - 101- 0022 Field Services Police Corporal 4. 00 - 4.00 - 101- 0022 Field Services Police Officer 21. 00 - 21. 00 - 101- 0023 Support Services Executive Assistant 1. 00 - 1. 00 - 101- 0023 Support Services Senior Accounting Technician 1. 00 - 1. 00 - 101- 0023 Support Services Senior CSO 2. 00 - 2. 00 -
101- 0023 Support Services Management Analyst 1. 00 - 1. 00 - 101- 0023 Support Services Civilian Investigator 1. 00 - 1. 00 - 101- 0023 Support Services Records Supervisor 1. 00 - 1. 00 - 101- 0023 Support Services Police Aide( Part-time) 0.75 - 0. 75 - 101- 0023 Support Services Crossing Guard( Part- time) 1. 96 - 1. 96 - 101- 0025 Parking Enforcement Senior CSO 6. 00 - 6. 00 - 101- 0025 Parking Enforcement Police Services Manager 1. 00 - 1. 00 - 101- 0025 Parking Enforcement Police Aide( Part- time) 3. 00 - 3. 00 - 101- 0036 Animal Control Senior CSO 2. 00 2. 00
106- 0825 Beach Operations Police Officer 2. 00 - 0. 75 1. 25 - 205- 0111 Field Services Police Officer 1. 00 - 1. 00
217- 0371 Field Services Police Officer 1. 00 - 1. 00
Total Police Department 61. 71 - 58. 46 1. 25 - 2. 00
79 yp
P'
SON NEWSPAPERS Thursday, Jan. 18, 2024
IMultipleoopenings jobenin s in Seal Beach citY overnment BY CHARLES M. KELLY Deputy Director of Public Management Analyst, part Works/ Maintenance and Utilities time, in Human Resources There are 13 job openings Maintenance Worker - in Police Aide, Part Time, in in Seal Beach city government, Public Works/ Maintenance SBPD according to the CalOpps web- Police Officer— lateral or Crossing Guard in SBPD site. All 13 positions are open ' academy graduate. ( A "lateral," Maintenance Aide in Public until filled, according to the web- As Capt. Nick Nicholas explained Works/ Maintenance site. in Jan. 6, 2022, means someone Pool Lifeguard, part time, SeniorAccounting Technician who " worked at previous depart- ' temporary, in Aquatics Payroll) means before making the jump Aquatics Coordinator in E, Senior Community Services to the SBPD." ( See: " Briefing ,Aquatics Officer ( in the Seal Beach Police Room: Peace Officer Standards Recreation Specialist, part Department) and Training" at www sunnews. time, at Tennis & Picklebal l Deputy City Clerk org.) Center in Recreation
• Senior Citizen Advisory Committee*
• Chaired the SCAC Housing and Transportation Committee • GRF President’s Council
• GRF Membership Committee
• WOCWB Meeting – launching the engineering phase of
cathodization work – installing cathodes significantly extends the life of the water system.
• OCMV board meeting – American Mosquito Association
Conference in Dallas
• CalCities Mayors and Electeds conference in Monterey
SCAC*
• Senior Citizen Advisory Committee
• OC Office on Aging
• Connecting Seniors with the help they need
• Advise OC Supervisors on issues relating to services to aging Aging and Disability
Resource Connection
714-480-6450
ADRC Purpose
The purpose of the ADRC is to ensure older
adults and people with disabilities have
access to the services they need in order to
live independently!
The ADRC does this by…
• Building community partnerships
• Providing direct services
• Each partner is
informed about the
system as a whole and
is able to help make
the necessary
connections.
• Education,
communication, and
collaboration are key
“No Wrong Door”
Dayle
McIntosh
Center
Office on
Aging
OC Social
Services
Office
Regional
Center
211 OC
Council on
Aging
CalOptima

EXTENDED

PARTNERS
CORE

PARTNERS
Alzheimer’s
OC
Anaheim
Housing
Authority
Veterans
Service
Office
“Let’s connect you with
someone who can
help.”
Information & Assistance Call Center
714-480-6450
• Provides information on a wide variety of resources for older adults and people with disabilities using the ADRC resource database.
• Resource Database Specialist ensures quality standards for and expands the ADRC resource database.

The City Manager, Jill Ingram, needs a current evaluation.

1. Jill Ingram' s contract calls for an annual evaluation by March 1st and yet she has not been evaluated by her supervisors in more than 2
1/
2 years. When employees are not held
accountable there is no way to ensure goals and objectives are being met and quality of work begins to slip. Today we have a manager who has both mis- managed and not managed the city who is paying her salary.

2. Mismanagement:
a. Paying salaries from Water and Sewer. According to the current budget, the City Manager spends more than 1 day a week, every week on water and sewer issues.

The Assistant City Manager spends almost 2 days a week on water and sewer issues.

And with all this executive management oversight we are projected to be 1. 5 million in the hole at the end of the year. We need an evaluation of the City Manager. b. Spending on non- essentials even though projections of deficits have been heralded at every council meeting. Consultants, consultants and more consultants. The latest being a Social Media consultant... REALLY? $ 39, 150 for social media? Cancel the contract and evaluate the manager' s spending habits.

3. Non- Management: First Street Flood debacle.

Over New Year' s weekend high tides and rain caused a lot of damage. This had been predicted and city knew it was coming. Yet every single manager was out of town and unavailable with no contingency plan or backup.

No berm was put up at First Street parking lot and the east beach berm was breeched. No Chief Lifeguard available all weekend. No City Manager. No Public Works Director. No Police Chief... no management!
Wasn' t Jim Basham, then Community Development Director, fired for not coming into town when the First Street pump failed and we flooded?
Not only did the First Street parking lot flood, but a large sinkhole also developed and still no management came into town to evaluate the damage and set up safety procedures for the public.

Even as the sink hole continued to enlarge no management came into town. Everyone was on vacation and not even the City Manager thought it worth the trip to check out the problem threatening the city she is supposed to manage. Even after it hit TV news Jill Ingram and every other manager didn' t come into town.

Moreover, no experts were called in to analyze why the parking lot failed. A hole in the jetty? Shouldn' t the Army Corp of engineers have been called in? Tidal influx below the parking lot? Perhaps an environmental engineer could have been called in? The City Manager just had the hole filled in with slurry cement with no rebar and paved. Wow...it is obviously way past time for the City Council to re- evaluate their employee: the City Manager, Jill Ingram.

John Boyle, Seal Beach since 1964
Pleased distribute to: Cit ouncil, City Manager, City Clerk and City Attorney Agenda Item A

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the December 11, 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 December 11, 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 December 11, 2023.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

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

A. Minutes – Closed Session, December 11, 2023
B. Minutes - Regular Session, December 11, 2023
Seal Beach, California
December 11, 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, Kalmick, Steele

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: None. Mayor Moore then closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Jill R. Ingram and Assistant City Manager Patrick Gallegos
Employee Organization(s):

Police Officers Association
Police Management Association
Seal Beach Supervisors & Professionals Association
Mid-Management and Confidential Employees Association
B. Conference with Legal Counsel
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2)
One (1) potential case
C. Conference with Legal Counsel
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2)
The City received a claim pursuant to the Government Claims Act from Ms. Gwendolyn Clouser dated March 29, 2023. A copy of the claim is available for review in the City Clerk’s office.

ADJOURNMENT
Mayor Moore adjourned the Closed Session meeting at 6:50 p.m.

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

Thomas Moore, Mayor
Attested:

Gloria D. Harper, City Clerk

Seal Beach, California
December 11, 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

Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Dana Engstrom, Deputy City Clerk
Nolan McGaughy, Orange County Fire Authority Division 1 Administrative Fire Captain
Nick Nicholas, Police Captain
Michael Ezroj, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer Tim Kelsey, Recreation Manager
Shaun Temple, Planning Manager
Lauren Barich, Management Analyst

PRESENTATIONS / RECOGNITIONS
• Oak Middle School Choir – Christmas Carolers
• Introduction of New Full Time Employees
• Recognition of Deputy City Clerk Dana Engstrom
• Information Technology (IT) Update

PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: Pierre Kim, Matthew Terry, Jo8n, and Hope Horning. Austin Edsell with Senator Janet Nguyen’s Office congratulated Mayor Moore and presented him with a Certificate of Recognition for his term as Mayor. Mayor Moore closed oral communications.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Landau pulled items F and G for separate consideration.

Mayor Pro Tem Sustarsic pulled Item I for separate consideration.

City Clerk Harper announced that seven (7) supplemental communications were received after the posting of the agenda that were distributed to the City Council and made available to the public.

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

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

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the Council met in Closed Session regarding the three (3) items posted on the agenda. All five (5) Council Members were present, and on Item C, the Council gave direction to approve a settlement agreement that will provide the City with full release of claims for the claim identified on the agenda.

CITY MANAGER REPORT
City Manager Ingram provided a few calendar updates including the City Hall closure from Monday, December 25, 2023, through Monday, January 1, 2024. She noted that the January 8, 2024, Council meeting has been cancelled and reported that the next regular City Council meeting will be held on Monday, January 22, 2024, and the Strategic Planning Workshop will be held on Tuesday, January 30, 2024.

City Manager Ingram wished the entire staff team, City Council, and the community a happy and safe holiday season.

COUNCIL COMMENTS
Council Member Kalmick reported that he attended the Rivers and Mountains Conservancy meeting, the Orange County Fire Authority (OCFA) monthly board meeting, and the Orange County Council of Governments (OCCOG) board meeting. He also reported that he attended the dedication and opening ceremony of the I-405 freeway.

Council Member Steele noted that he was not at the last city council meeting as he was on a mission trip in Africa. He reported his attendance at the Orange County Sanitation District (OCSan) meeting. He reported that the OCSan’s operations committee voted to approve $81 million dollars for a new pump station in Seal Beach, on the corner of Westminster and Seal Beach Boulevard. Lastly, he reported that there will be 900 feet of Seal Beach Boulevard that will be used as the construction staging area for OCSan for the next three (3) years.

Mayor Pro Tem Sustarsic reported her attendance at three (3) Citizen-Council Ad Hoc Parking Committee meetings, an Orange County Sanitation District (OCSan) board meeting, the Turkey Trot, the Seal Beach Christmas tree lighting, City staff holiday potluck, a Western Accreditation of Schools, and Colleges (WASC) meeting for the accreditation of Los Alamitos High School, and a regional military affairs committee meeting. She also noted a meeting with Public Works staff regarding the upcoming renovations at Heather Park.

A dialogue ensued between Mayor Pro Tem Sustarsic and Public Works Director Lee regarding the renovations at Heather Park.

Mayor Pro Tem Sustarsic reported she attended the sewer and water rates webinar and thanked Iris for scheduling the webinar. Additionally, Mayor Pro Tem Sustarsic reported her attendance at the Orange County Council of Governments (OCCOG) meeting regarding their regional transportation plan, a retirement celebration for Dr. Joanna Schilling, President of Cypress College, the Seal Beach Christmas parade, the I-405 dedication ceremony, Breakfast with Santa at Marina Park, the Seal Beach Police Department swearing-in and badge pinning ceremony, and the Santa and snow event at Heather Park.

Council Member Landau reported that she attended four (4) town hall meetings, the Turkey Trot, Christmas tree lighting ceremony, Thanksgiving dinner and bingo at St Anne’s Church, a ribbon cutting ceremony for Marni’s, a webinar regarding water and sewer, the Christmas parade, the I-405 dedication, the swearing-in and pinning ceremony at the Seal Beach Police Department, and the Breakfast with Santa event.

Additionally, she reported that the residents are aware that the City is developing an Environmental Impact Report for the housing element update related to zoning code changes. Lastly, she thanked Deputy City Clerk Engstrom for her years of service and wished her luck in her future endeavors, and she wished everyone a happy holiday season.

Community Development Director Smittle provided an update on the housing element.

She stated that the document is still in progress and written comments are due by Friday, December 15, 2023, by 5pm. She also noted that the report can be accessed on the City’s website by doing a search using the word “environmental” in the search bar and at the following link: bit.ly/sb_isnop.

Mayor Moore reported his attendance at two (2) Ad Hoc Parking Committee meetings.

He also reported kicking off the Turkey Trot, his attendance at the Christmas tree lighting ceremony, a ribbon cutting at Marni’s, the Christmas parade, and Esther Kenyon’s 90th birthday party where he presented a proclamation to her on behalf of the City.

Mayor Moore also reported his attendance at the Seal Beach Police Department’s swearing-in ceremony and noted that he judged the Christmas decorations at City Hall.

Mayor Moore thanked City staff for all their hard work, especially with all the mandatory requirements and code changes. Mayor Moore expressed his thanks for the new phone system and highlighted that the Council committed the use of the American Rescue Plan Act of 2021 (ARPA) funds for critical items, such as the bandwidth from the City to Lifeguard Headquarters, and the much-needed improvements at the West End Pump Station. Lastly, Mayor Moore expressed his gratitude to staff on the groundbreaking at the Seal Beach Tennis and Pickleball Center and the submission of several revisions to the California Department of Housing and Community Development (HCD) related to the housing element. He closed by thanking his fellow City Council Members, the residents, and his family.

COUNCIL ITEMS
There were no Council items.

CONSENT CALENDAR
Council Member Landau moved, second by Mayor Pro Tem Sustarsic, to approve the recommended actions on the consent calendar with exception of Items F, G, and I.

A. Approval of the November 13, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on November 13, 2023.

B. Demands on City Treasury (Fiscal Year 2024) December 11, 2023 - Ratification.

C. Monthly Investment Report (October 31, 2023) - Receive and file.

D. 2024 Calendar of Meeting Dates - That the City Council receive and file the 2024 calendar of meeting dates, which include the cancellation of the first meeting in July (8th) and the second meetings in August (26th), November (25th), and December (23rd).

E. Rejecting All Bids for the Pier Concrete Abutment Restoration, CIP BP2201 - That the City Council adopt Resolution 7466 rejecting all bids received for Pier Concrete Abutment Restoration, CIP BP 2201 F. Accepting Grant Funds and Authorizing Execution of an Agreement with the South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program - That the City Council adopt Resolution 7467: 1. Accepting an award of grant funds in the amount of $162,891 from South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program; and, 2.

Authorizing the City Manager, or her designee, to execute the Agreement with South Coast Air Quality Management District, amendments and other related documents, and to take all such other actions, as may be required to secure the grant funds and implement the approved grant under the Mobile Source Air Pollution Reduction Review Committee Microtransit Service Program Grant.

G. Termination of Agreement with Orange County Sanitation District - That the City Council adopt Resolution 7468, terminating the Standard Agreement for Collection of Sewer Connection Charges with the Orange County Sanitation District.

H. Submittal of Yearly Expenditure Report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility - That the City Council adopt Resolution 7469: 1. Finding the yearly expenditure report to Orange County Transportation Authority (OCTA) for Measure M2 Eligibility for FY 2022-2023 was prepared in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year; and, 2. Adopting M2 Expenditure Report for FY 2022-2023; and, 3. Directing the City Manager, or her designee, to submit the M2 Expenditure Report to OCTA no later than December 31, 2023.

I. Awarding and Authorizing Execution of Public Works Agreements with Sequel Contractors, Inc. for the Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811 - That the City Council adopt Resolution 7470: 1. Approving the plans, specifications, and contract documents for Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811; and, 2. Approving and awarding a public works agreement to Sequel Contractors, Inc. in the amount of $2,332,420, including the Total Base Bid of $2,280,420 and Additive Bid Items #59 and 60; and rejecting all other bids; and, 3.

Authorizing the City Manager to execute a public works agreement for construction services to Sequel Contractors, Inc.; and, 4. Authorizing the City Manager to approve additional work requests up to $200,000 and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $300,000; and, 5.

Approving Budget Amendment BA #24-06-01 in the amount of $740,000.

J. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Alexander’s Contract Services, Inc. for Water Meter Reading Services Pilot Program - That the City Council adopt Resolution 7471: 1. Approving Amendment No. 1 to the Professional Services Agreement with Alexander’s Contract Services, Inc. dated March 28, 2022, extending the term of the Agreement to December 31, 2023; and increasing compensation by $28,800 for the additional services during the extension, for the revised total not-to-exceed amount of $71,618.40, for the extended term; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 on behalf of the City.

The vote below is for all the Consent Calendar Items with exception of Items F, G, and I:

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

ITEMS REMOVED FROM THE CONSENT CALENDAR
F. Accepting Grant Funds and Authorizing Execution of an Agreement with the South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program - That the City Council adopt Resolution 7467: 1. Accepting an award of grant funds in the amount of $162,891 from South Coast Air Quality Management District for the Seal Beach Microtransit Service Pilot Program; and, 2.

Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed.

Council Member Steele moved, second by Council Member Landau to approve Item F.

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
G. Termination of Agreement with Orange County Sanitation District - That the City Council adopt Resolution 7468, terminating the Standard Agreement for Collection of Sewer Connection Charges with the Orange County Sanitation District.

Community Development Director Smittle provided an overview of the staff report.

Council Members’ questions and concerns were addressed.

Mayor Pro Tem Sustarsic moved, second by Council Member Kalmick to approve Item G.

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
I. Awarding and Authorizing Execution of Public Works Agreements with Sequel Contractors, Inc. for the Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811 - That the City Council adopt Resolution 7470: 1. Approving the plans, specifications, and contract documents for Lampson Avenue Bike Lane Gap Closure Project, CIP ST1811; and, 2. Approving and awarding a public works agreement to Sequel Contractors, Inc. in the amount of $2,332,420, including the Total Base Bid of $2,280,420 and Additive Bid Items #59 and 60; and rejecting all other bids; and, 3.

Approving Budget Amendment BA #24-06-01 in the amount of $740,000.

Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed.

Mayor Pro Tem Sustarsic moved, second by, Council Member Landau to approve Item I.

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

PUBLIC HEARING
There were no public hearing items.

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

NEW BUSINESS
K. Presentation of Water and Sewer Rate Study and Set Public Hearing Regarding the Proposed New Water and Sewer Rates - That the City Council adopt Resolution 7472: 1. Authorizing the City Manager to notify the public of the proposed Water and Sewer Rates in compliance with Proposition 218; and, 2. Setting the Water and Sewer Rate Study Public Hearing date for February 12, 2024.

Public Works Director Lee provided an overview of the staff report. Council Members’ questions and concerns were addressed.

Mayor Pro Tem Sustarsic moved, second by Mayor Moore to approve Item K.

AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
L. City Council Reorganization - That the City Council approve reorganization of the City Council and selection of Mayor and Mayor Pro Tempore for 2024.

City Clerk Harper opened the nomination for Mayor for 2024.

Mayor Moore nominated Mayor Pro Tem Sustarsic for Mayor, second by Council Member Landau.

City Clerk Harper took a roll call vote to approve the nomination of Mayor Pro Tem Sustarsic to serve as Mayor for 2024.

AYES: Moore, Sustarsic, Landau, Kalmick, Steele
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Harper announced that the City Council voted unanimously for Mayor Pro Tem Sustarsic to serve as Mayor for 2024.

City Clerk Harper opened the nomination for Mayor Pro Tempore for 2024.

Mayor Pro Tem Sustarsic nominated Council Member Landau, second by Mayor Moore.

City Clerk Harper took a roll call vote to approve the nomination of Council Member Landau to serve as Mayor Pro Tem for 2024.

AYES: Moore, Sustarsic, Landau
NOES: Kalmick, Steele
ABSENT: None
ABSTAIN: None
Council Member Kalmick nominated Council Member Steele, second by Council Member Steele for Mayor Pro Tem for 2024.

City Clerk Harper took a roll call vote to approve the nomination of Council Member Steele to serve as Mayor Pro Tem for 2024.

AYES: Kalmick, Steele
NOES: Moore, Sustarsic, Landau
ABSENT: None
ABSTAIN: None
City Clerk Harper announced that the motion failed to nominate Council Member Steele as Mayor Pro Tem and that Council Member Landau will serve as Mayor Pro Tem for 2024.

Council Member Landau and Mayor Pro Tem Sustarsic recognized outgoing Mayor Moore for his service and leadership as Mayor. Mayor Sustarsic presented him with a gavel plaque. Mayor Moore provided brief comments and thanked the Council, the community and his family for their support.

ADJOURNMENT
Mayor Moore adjourned the City Council meeting in memory of Seal Beach resident and former City Manager for the City of Commerce Bob Hinderliter, at 9:35 p.m., to Monday, January 22, 2024, at 5:30 p.m. to meet in Closed Session if deemed necessary. He noted that the January 8, 2024, City Council meeting has been cancelled. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Schelly Sustarsic, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: 2024 City Council Appointments as Representatives to Intergovernmental Agencies
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7473:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and,

2. Directing the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806.

BACKGROUND AND ANALYSIS:

The Mayor will appoint Council Members to represent the City on various outside agency boards at the beginning of each year, subject to the concurrence of the City Council.

In 2020, Agency appointments to Bay City Sub-Committee (DWP property), Elected Officials – Joint Forces Training Base Ad Hoc Meetings (Cypress, Los Alamitos, Garden Grove, Seal Beach), OCTA – Interstate 405 Corridor Cities Ad Hoc Group and the Joint Land Use Study Working Group were removed as the work has been completed for the purposes for which these committees were formed. In the event other needs arise, the Council can make any future appointments as deemed necessary.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7473:

1. Confirming City Council appointments as representatives and alternates to the Intergovernmental Agencies for 2024; and,

2. Directing the City Clerk to revise and post on the website the 2024 Fair Political Practices Commission (FPPC) Form 806.

SUBMITTED BY: NOTED AND APPROVED:

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

A. Resolution 7473
B. Mayoral Appointments to Outside Agencies for 2023 – Resolution 7382 C. Orange County Fire Authority Board of Continuity – December 2023 RESOLUTION 7473

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REVISING

AND CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF

COUNCIL REPRESENTATIVES AND ALTERNATES TO VARIOUS

BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN

DUTIES TO COUNCILMEMBERS, DISSOLVING THE CITY TREE
ADVISORY BOARD, AND RESCIND RESOLUTION NUMBER 6617,
6527, 6551, 6783, 6897, 6993, 7101, 7234 AND 7382
WHEREAS, the duly selected Mayor of the City of Seal Beach has revised the appointment of various members of the City Council to be the City’s official representatives or alternate representatives to various boards, agencies and organizations requiring such representation.

THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby confirms the following appointments, effective as of the date of this Resolution:

Agency Representative *Representative or
Alternate
California Joint Powers Insurance Authority Schelly Sustarsic Jill Ingram League of California Cities, Orange County
Division Schelly Sustarsic Lisa Landau
Leisure World Standing Committee
(2 representatives) Nathan Steele *Thomas Moore
Los Alamitos Unified School District
Standing Committee
(2 representatives)
Lisa Landau *Thomas Moore
Los Cerritos Wetlands Authority Lisa Landau Joe Kalmick Orange County Fire Authority Joe Kalmick ------
Orange County Library Board Lisa Landau Nathan Steele
Orange County Sanitation District, Board of
Directors Schelly Sustarsic Lisa Landau
Orange County Vector Control Board Nathan Steele ------- Santa Ana River Flood Protection Agency Joe Kalmick Nathan Steele Seal Beach Audit Committee Nathan Steele Lisa Landau
West Comm – Joint Powers Authority Lisa Landau Nathan Steele West Orange County Water Board Nathan Steele Joe Kalmick Chamber of Commerce Committee
(2 representatives) Schelly Sustarsic *Thomas Moore
SECTION 2. This Resolution shall supersede Resolution Number 6617, 6527, 6551, 6783, 6897, 6993, 7101, 7234, 7382 and all other prior appointments. The City Clerk shall revise FPPC Form 806 to be consistent with the appointments in Section 1.

SECTION 3. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 22nd day of January 2024 by the following vote:

AYES: Council Members:

NOES: Council Members: __________________________________________ ABSENT: Council Members: __________________________________________ ABSTAIN: Council Members: __________________________________________ Schelly Sustarsic, 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 7473 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024.

Gloria D. Harper, City Clerk

O R A N G E C O U N T Y F I R E A U T H O R I T Y
P.O. Box 57115, Irvine, CA 92619-7115  1 Fire Authority Road, Irvine, CA 92602 Brian Fennessy, Fire Chief (714) 573-6000 www.ocfa.org
Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Garden Grove • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Santa Ana • Seal Beach • Stanton Tustin • Villa Park • Westminster • Yorba Linda • and Unincorporated Areas of Orange County

RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES
December 27, 2023
Ms. Jill Ingram, City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740-6379
Re: Continuity of Appointee to the OCFA Board of Directors Dear Ms. Ingram:

As Chair of the Orange County Fire Authority (OCFA) Board of Directors, I am writing to request your assistance in the coming months when OCFA’s member agencies make annual appointments of representatives to the Authority’s Board.

Presently, each Director serves on the OCFA Board until the selection of a successor by the appointing body. As part of our ongoing efforts to foster effective governance of the OCFA, we would like to retain continuity of the current Director serving on the Board and minimize turnover to the extent possible. With an operating budget approaching half a billion dollars, over 1,500 employees, four labor associations, and the operation of 78 fire stations, the issues we face are myriad and complex.

The learning curve is steep to become familiar with the organizational structure, its operations and finances, and the types of policies and issues that come before the Board.

We recognize that turnover is unavoidable when Board appointees are termed-out or when they change as a result of election outcomes. However, as Chair, I’m seeking support from our member agencies to minimize voluntary changes made to our Board appointees such as those that can occur in January when our cities and the County reorganize the leadership of their governing bodies and make a variety of committee appointments.

We would appreciate your assistance in discussing and sharing this with the members of your City Council. If you have any questions, please contact me at (714) 998-1500 or Chief Fennessy at (714) 573-6010.

Sincerely,
Vince Rossini
Chair, OCFA Board of Directors
cc: Joe Kalmick, OCFA Board of Directors
Brian Fennessy, Fire Chief
Agenda Item E

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Report of City Manager and Department Heads Authorized Contracts
_______________________________________________________________ SUMMARY OF REQUEST:

That the City Council receive and file the report.

BACKGROUND AND ANALYSIS:

In an effort to further increase transparency, the City Manager provides a quarterly report to the City Council that identifies all contracts executed by the City Manager.

The City Manager has the authority to approve and execute contracts up to the amount of $40,232.

Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to delegate spending authority to Department Heads. For departments other than the Director of Public Works and the Director of Finance/City Treasurer, this authority shall not exceed $15,000 per purchase or contract. For the Director of Public Works, the limit is established per the City’s Charter Section 1010. For the Director of Finance/City Treasurer, other than for Finance Department expenditures which are set at $15,000, there is additional authority to authorize purchases for City Departments up to the City Manager’s established contract signing authority.

A list of contracts executed by the City Manager and Department Heads for the period of October 1, 2023 – December 31, 2023.

AGREEMENT
DATE

DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
10/02/2023 Public Works Local Agency
Engineering
Associates, Inc.
(LAE, Inc.)
$25,000.00 Interagency
Support & Program
Management
Services
06/30/2025
10/02/2023 Public Works Nichols Consulting
Engineers, CHTD
$27,900.00 2024 Pavement
Management
Report
09/10/2024
10/02/2023 Public Works W.G. Zimmerman
Engineering, Inc.
$12,000.00 Development
Review
Professional
Services
07/31/2026
10/02/2023 Public Works JCL Traffic
Services
$23,515.00 FY23/24 Special
Events Traffic
Management
Services
10/02/2024
10/02/2023 Community
Development
4Leaf, Inc. $24,000.00 Interim Code
Enforcement
Staffing
04/02/2024
10/02/2023 City Manager Tripepi Smith $39,150.00 Communications Support/Public
Outreach
04/02/2024
10/26/2023 City Manager Baker Tilly $16,900.00 Facilitate 2024 Strategic Planning
Workshop
02/28/2024
11/01/2023 Public Works Silsby Strategic
Advisors, Inc.
$26,000.00 Fleet Modernization
Analysis
12/31/2024
11/01/2023 Community
Development
Holistic Systems
Integration
Solutions
$24,000.00 Configuration and
Implementation of
Solar App
12/31/2024
11/13/2023 Public Works PlanetBids (PBY
System) Support
Service
Agreement
$ 7,477.32 Vendor and Bid
Management
6/20/2026
11/14/2023 Finance Sherry Johnson $25,500.00 Enterprise Resource Planning
System
Implementation
Until
Completion
11/17/2023 Public Works Tyler
Technologies My
Civic Suite
Free for
First Year
Citizen
Engagement
Software
11/17/2024
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 sufficient funding available in the Fiscal Year 2023-2024 budget.

However, as with all City Council approved contracts, all contracts executed under staff’s contracting authority are processed internally with review and approval by the City Attorney, Director of Finance, City Manager, and City Clerk.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council receive and file the report.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Interim Deputy City Clerk Agenda Item F

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson , Chief of Police
SUBJECT: Memorandum of Understanding with the Federal Bureau of Investigations (FBI) to Authorize the Seal Beach Police Department to Use the Jerry Crowe Regional Tactical
Training Facility for Personnel Training
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7474 to approve and authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with the Federal Bureau of Investigations (FBI) authorizing the use the of the Jerry Crowe Regional Tactical Training Facility for personnel training by the Seal Beach Police Department.

BACKGROUND AND ANALYSIS:

The Seal Beach Police Department is always seeking various training locations to meet all of our training needs. In doing so the Seal Beach Police Department has located the Jerry Crowe Regional Tactical Training Facility (JCRTTF), in Irvine, California. This training center is run by the Federal Bureau of Investigations, which has agreed to allow local police agencies use the facility at no cost, when entering into a MOU. In exchange for use of the facility at no cost, the City is responsible for any damage that may occur during training exercises, although the Police Department does not expect any incidents.

The Jerry Crowe Regional Tactical Training Facility offers an outdoor shooting range for vehicles to access. In addition, they offer the only live ammunition training center in the immediate area. This will allow police officers to train with live ammunition in a controlled environment, with constant supervision. This training is highly sought after, as it provides officers with real-life live fire training.

The Seal Beach Police Department will ensure that an agency qualified firearms instructor (and/or range master) is present for the firearms range at all times during firearms use. Additionally, the Seal Beach Police Department personnel shall abide by all FBI range safety protocols.

Page 2 ends

Allowing the Chief of Police, the ability to sign this MOU will provide the police department personnel access to a vital training facility to ensure officers are prepared for the possible demands they might face in the field.

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 cost related to the item, as the MOU states in Section III. (A) The FBI operates the JCRTTF and agrees to allow the Seal Beach Police Department to use the JCRTTF for training purposes on a cost-free basis.

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 7474
B. MOU between the FBI and Seal Beach Police Department RESOLUTION 7474

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE MEMORANDUM OF UNDERSTANDING WITH

THE FEDERAL BUREAU OF INVESTIGATIONS (FBI) TO

AUTHORIZE THE SEAL BEACH POLICE DEPARTMENT TO USE

THE JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY
FOR PERSONNEL TRAINING.

WHEREAS, The Seal Beach Police Department benefits from the use of live training in controlled environments.

WHEREAS, The FBI’s Jerry Crowe Regional Tactical Training Facility offers such a training location and is being made available for use by the Seal Beach Police Department at no cost under the terms of the proposed memorandum of understanding (MOU).

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves the MOU with the Federal Bureau of Investigations to Authorize the Seal Beach Police Department to use the Jerry Crowe Regional Tactical Training Facility for Personnel Training.

Section 2. The City Council hereby authorizes the Chief of Police to compete complete and execute the MOU on behalf of the City.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the January 22, 2024 by the following vote:

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

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
___________________________
Nicholas Ghirelli, City Attorney
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 7474 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January, 2024.

Gloria D. Harper, City Clerk
Between the
FEDERAL BUREAU OF INVESTIGATION and the SEAL BEACH POI-ICE DEPARTMENT For Use of the

JERRY CROWE REGIONAL TACTICAL TRAINING FACILITY
I. PARTIES
This Use Agreement is entered into by and between the Federal Bureau of lnvestigation (FBl) and the Seal Beach Police Department.

II. AUTHORITIES
A Authority for the FBI to enter into this a8reement can be found at 28 U.S.C. 5 533; 3+ U.S.c. S 10211; and 28 C.F.R. 5 0.85. The authority for the Seal Beach Police Department to enter into this agreement can be found at The purpose of this Memorandum of Understanding (MOU) is to define the terms of use by the Seal Beach Police Department ofthe Jerry Crowe Regional Tactical Training Facility (iCRTTF) in Orange County, California. The Seal Beach Police Department has requested use of the JCRTTF to conduct training for its personnel. The FBI operates the J CRTTF and agrees to allow the Sea I Beach Police Department to use the JCRTTF for training purposes on a cost free basis.

This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, their parent agencies, the United States, or the officers, employees, agents or other associated personnel thereof.

This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto ofthe tasks and methods for performing the tasks described herein.

Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such A
C

MEMORANDUM OF UNDERSTANDING
III. PURPOSE
B.
expenditu res.

IV. RESPONSIBILITIES
V. LIABILITY
A
Through this agreement, the FBI permits the Seal Beach Police Department to use the JCRTTF on an "as available basis" as determined solely by the FBl.

The Seal Beach Police Department will ensure that its employees while using the JCRTTF are both legally and medically qualified according to Seal Beach Police Department standards to perform firearms training.

The Seal Beach Police Department shall ensure that an agency qualified firearms instructor (and/or range master) is present on the firearms range at all times during firearms use. No training shall commence until authorized by the on-site FBI firearms instructor.

The Seal Beach Police Department shall abide by all FBI range safety protocols.

The FBI retains the right to immediately stop any Seal Beach Police Department training at the JCRTTF that the FBI determines to be unsafe or hazardous to the environment.

The Seal Beach Police Department shall keep a record of all ammunition, including type and quantity, discharged at the facility. The Seal Beach Police Department shall provide a copy of this record to the FBI at the conclusion of each train ing day.

The Seal Beach Police Department agrees to be responsible for any damage to JCRTTF facilities caused by any act or omission on the part of Seal Beach Police Department employees.

C
D
E
F
G
The FBI has the exclusive responsibility of managing and administrating the use of the JcRTrF.

B
The Seal Beach Police Department acknowledges that financial and civil liability, if any, for the acts and omissions of its employees remains vested with Seal Beach Police Department.

To the extent permissible by law, the Seal Beach Police Department agrees to release and discharge the FBl, its personnel, agents, and employees, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resultinB from or arising out of the Seal Beach Police Department 's use of the JCRTTF to cond uct its tra in ing.

Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his or her employment, shall be an action against the United States under the FTCA, 28 U.S.C. 5 1346(b), and 55 2671 - 2680.
c
A
VII. AMENDMENTS
A
A Specia I Agent Candace Corte
Federa I Bureau of lnvestigation
One Magazine Road, lrvine, California 92618
Cell: (714) 673-2666
cecorte @fbi.sov
Theterm of the MOU shall be for three years. The MOU may beterminated at will by any party, provided written notice is provided to the other parties of not less than thirty (30) days.

This agreement may be amended only by mutual written consent of the parties.

The modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of the FBI and the Seal Beach Police Department.

VI. DURATION
VIII. EFFECTIVE DATE
A. This MOU shall be effective on the date of the last signature.

IX. POINTS OF CONTACT
Captain Mike Ezroj - Operations Captain
Seal Beach Police Department
l'562l, 799-4tOO MEzroi(osealbeachca.sov
SIGNATORIES:

Michael Henderson
Chief of Police
Seal Beach Police Depa rtment
Date: \ 1\\
Date:

Josh Murphy
Special Agent in Charge
Los Angeles Field Office
Federal Bureau of lnvestigation
Agenda Item G

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Notice of Completion for Sidewalk Assessment and Trip Hazard Removal Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7475:

1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance.

BACKGROUND AND ANALYSIS:

Sidewalks develop unevenness over time due to pavement expansion and contraction, underlying soil conditions, trees, landscaping, and other deterioration reasons. The City routinely conducts inspection and maintenance of these public sidewalks, note deficiencies, and systematically makes repairs.

On January 1, 2019, and again on February 15, 2023, the California Joint Powers Insurance Authority (“CJPIA”) entered into a Master Services Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting (“Precision”) to provide CJPIA members access to professional sidewalk inspection and maintenance services. This agreement has an established set of services and related costs to ultimately facilitate trip hazard removals. The City is a CJPIA member.

City of Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications.

Page 2 ends

On August 15, 2022, City entered into a Professional Maintenance Services Agreement with Precision, leveraging CJPIA’s Master Service Agreement to pilot a sidewalk assessment and trip hazard removal program. On December 12, 2022, the City Council adopted Resolution 7350 approving Amendment No. 1 for additional services. The work completed by Precision, referred to as Phase 1, generated a detailed inspection database of the surveyed area and addressed critical trip hazard locations.

On August 14, 2023, the City Council adopted Resolution 7438 approving Phase 2 of Precision’s Sidewalk Assessment and Trip Hazard Removal Services in the amount of $125,000, to address remaining locations where trip hazard removal can be achieved, as identified in the inspection database. On August 14, 2023, City entered into a Professional Services Agreement with Precision to carry out Phase 2.

The Project has been completed and inspected to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Office.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) as the work involves maintenance and repair of existing facilities with negligible or no expansion of use.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

The approved construction contract budget totals $125,000. The table below represents a breakdown of the total construction Project cost:

Description Amount
Capital Projects (O-ST-4) $ 7,834
Capital Outlay (ST2401) $ 106,649
Project Cost $ 114,483
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7475:

1. Accepting the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483; and,

2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7475
B. Notice of Completion
RESOLUTION 7475

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

ACCEPTING COMPLETION OF THE SIDEWALK ASSESSMENT

AND TRIP HAZARD REMOVAL SERVICES BY SOUTHERN
CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION

CONCRETE CUTTING, AND DIRECTING THE FILING OF A

NOTICE OF COMPLETION FOR THE PROJECT
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City accepts the completion of the Sidewalk Assessment and Trip Hazard Removal Services by Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in the amount of $114,483 for the work performed.

Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote:

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

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
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 7475 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024.

Gloria D. Harper, City Clerk

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder’s use.
*** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 ****

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Seal Beach.

3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740.

4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.

5. A work of improvement on the property hereinafter is described as substantially completed on December 12, 2023. The work was Sidewalk Assessment and Trip Hazard Removal Services CIP O-ST-4.

6. The name of the contractor(s), if any, for such improvement was: Southern California Precision Concrete, Inc. dba Precision Concrete Cutting.

7. The date of the Contract Award was August 14, 2023.

8. The property on which said work of improvement was completed in various streets within the City of Seal Beach, County of Orange, State of California, Date: _______________
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.

VERIFICATION
I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury the foregoing is true and correct.

Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature)
_________________________________________
Iris Lee, Director of Public Works, City of Seal Beach
Agenda Item H

AGENDA STAFF REPORT
DATE: January 22, 2024
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 Public Works Agreement with Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP No. O-ST-4
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7476:

1. Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4; and,

2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9 of $3,016; and rejecting all other bids; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and,

4. Authorizing the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project, in the cumulative not-to-exceed amount of $10,000.

BACKGROUND AND ANALYSIS:

The Americans with Disabilities Act (“ADA”) that was enacted in January 1990 prohibits discrimination against people with disabilities. Title II of the ADA specifically protects qualified individuals with disabilities from discrimination based on disability in services, programs, and activities provided by state and local governments.

Page 2 ends

ADA applies to all public facilities, whether constructed before or after the enactment of the ADA in 1990. Facilities include, but are not limited to, buildings, parks, public sidewalks, plazas, and crosswalks.

River’s End Park is generally located at the southwest corner of the 1st Street and Ocean Place intersection. Accessible paths of travel currently exist around various Park access points; however, it is further desired to provide an additional accessible path of travel across 1st Street, entering the Park from its northerly side.

The Pedestrian Improvement (Central Way at 1st Street) Project ("Project"), will provide general ADA upgrades including the installation of flashing traffic signs, crosswalk, and the reconstruction of an existing curb ramp.

On November 30, 2023, Project construction bids were solicited via PlanetBids.

On December 21, 2023, the City Clerk’s office received eight (8) bids with the following results:

Rank Contractor Total Base Bid
Low Alfaro Communication Construction, Inc. $ 44,388
2nd Cheloletty Engineering Inc. $ 45,598
3 rd Champion’s Structures $ 58,500
4 th Gentry General Engineering $ 63,700
5 th Splice Construction Co, Inc. $ 70,199
6 th Carvajal Trucking & Tractor, Inc. $ 87,995
7 th Hardy & Harper, Inc. $ 95,000
8th We R Builders, Inc.* $115,050
*Bid Withdrawn - On December 22, 2023, We R Builder, Inc. sent a letter of withdrawal of their bid submission.

The determination of the lowest apparent bidder is based on the Total Base Bid amount. However, the project requested pricing for optional additive bid items for work the City may elect after the bid opening. Staff evaluated the lowest Total Base Bid, and additive bid item pricing, and found the costs to be appropriate and competitive with industry standards. Therefore, it is recommended to include the following additive bid item:

1. Additive Bid Item #9: Remove Concrete and Install Landscaping Based upon references, qualifications, work experience, and cost, staff is deeming Alfaro Communications Construction, Inc. as the lowest responsible bidder at $44,388 for the Total Base Bid ($47,404 Total Bid). Staff, therefore, recommend awarding the Pedestrian Improvement (Central Way at 1st Street) Project to Alfaro Communications Construction, Inc., and rejecting all other bids.

Page 3 ends

Additionally, Staff recommends that the City Council authorize the City Manager to approve additional work requests up to $7,000 and inspection services up to $3,000 in the cumulative, in a not-to-exceed amount of $10,000.

ENVIRONMENTAL IMPACT:

The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301(c) of the CEQA Guidelines.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

Sufficient funding has been allocated in the FY 2023-24 Capital Improvement Program budget for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4. No budget adjustments are recommended.

The table below represents the estimated breakdown of the Project’s construction costs:

Description Amount
Total Base Bid $44,388
Additive Bid Item $ 3,016
Contingency $ 7,000
Inspection/Construction Support $ 3,000
Total $57,404
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7476:

1. Approving the plans, specifications, and contract documents for Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4; and,

2. Approving and awarding a public works agreement to Alfaro Communications Construction, Inc. in the amount of $47,404.00, including the Total Base Bid of $44,388.00 and Additive Bid Item #9 of $3,016.00 and rejecting all other bids; and,

Page 4 ends

3. Authorizing the City Manager to execute a public works agreement for construction services to Alfaro Communications Construction, Inc.; and,

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: William Luna, Assistant Engineer
ATTACHMENTS:

A. Resolution 7476
B. Public Works Agreement with Alfaro Communications Construction, Inc.

C. We R Builder, Inc. Letter of Withdrawal, dated December 22, 2023 RESOLUTION 7476

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER

TO EXECUTE A PUBLIC WORKS AGREEMENT WITH
ALFARO COMMUNICATIONS CONSTRUCTION, INC.

FOR THE PEDESTRIAN IMPROVEMENT (CENTRAL
WAY AT 1ST STREET) PROJECT, CIP NO. O-ST-4
WHEREAS, the Americans with Disabilities Act (“ADA”) that was enacted in January 1990 prohibits discrimination against people with disabilities; and, WHEREAS, ADA applies to all public facilities, whether constructed before or after its enactment in 1990. Facilities include, but are not limited to, buildings, parks, public sidewalks, plazas, and crosswalks; and,
WHEREAS, the City desires to facilitate accessible path of travel to the River’s End Park via the intersection at Central Way at 1st Street; and, WHEREAS, the City has budgeted the Pedestrian Improvement (Central Way at 1 st Street) Project, CIP O-ST-4 in the Capital Improvement Program; and, WHEREAS, on November 30, 2023, Project bids were solicited via PlanetBids; and,
WHEREAS, on December 21, 2023, the City Clerk’s office received eight (8) bids in response to the solicitation for bids, and Alfaro Communications Construction, Inc. submitted the apparent lowest responsible base bid in the amount of $44,388; and,
WHEREAS, the City elects to include Additive Bid Item #9 in the amount of $3,016, for a total bid amount of $47,404; and,
WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that Alfaro Communications Construction, Inc. is a qualified contractor to perform the Project.

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

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

SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Alfaro Communications Construction, Inc. for the Pedestrian Improvement (Central Way at 1st Street) Project, CIP O-ST-4, in a total not-to-exceed amount of $47,404, including the Total Base Bid of $44,388 and Additive Bid Item #9; and rejects all other bids.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement with Alfaro Communications Construction, Inc. on behalf of the City.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests up to $7,000 and inspection services up to $3,000 in connection with the Project in the cumulative not-to-exceed amount of $10,000.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote:

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

Schelly Sustarsic, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
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 7476 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT
PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET)
CIP NO. O-ST-4
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Alfaro Communications Construction Inc.
15614 S Atlantic Ave
Compton, CA 90221
(310) 669-8949
(310) 693-5343 - FAX
THIS CONTRACT (“Contract”) is made as of January 22, 2024, by and between the City of Seal Beach, a California charter city (“City”), and Alfaro Communications Construction Inc., a California Corporation (“Contractor”)

RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Pedestrian Improvements (Central Way at 1st Street), CIP No. O-ST-4 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated November 30, 2023 and B. WHEREAS, Contractor submitted a Bid to City for the Project dated December 21, 2023 in the amount of $47,404.00 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed “A” Contractor (State Contractor's license number (License #912727), DIR 1000042376); and
D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.

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

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Pedestrian Improvements (Central Way at 1 st Street), CIP No. O-ST-4 (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids (including all exhibits and attachments), Instructions to Bidders (including all exhibits and attachments), Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract.

1.3 Incorporation by Reference. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D, including Exhibits D-1, D-2, and D-3), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Accepted Bid Proposal with Bid Sheets (Exhibit G), and Project Plans (Appendix A). All Exhibits and other Contract Documents are hereby incorporated into this Contract by reference.

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

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

1.6 All of the Contract Documents are intended to be complementary.

Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

2. Effective Date/Time for Completion.

2.1 Effective Date. This Contract is effective as of January 22, 2024 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or suspended pursuant to this Contract.

2.2 Time for Completion. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 (sixty) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, the Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $47,404.00 (Forty-Seven Thousand Four Hundred Four dollars and Zero Cents), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, taxes, costs, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

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

4. Contractor’s Personnel.

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

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

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

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

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

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

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any 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 Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.

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

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

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

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

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

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

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

6. Insurance.

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

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

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

6.1.3 Exhibit D-3: Additional Insured Endorsement -
Umbrella/Excess Liability

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

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

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

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

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

6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier.

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

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

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

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

6.4 Additional Insureds. The General Liability and Automobile Liability and Umbrella/Excess Liability Insurance policies shall provide, or be endorsed to provide that City, its officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

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

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

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

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

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

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

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

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

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

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

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

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

7. Liquidated Damages. In accordance with Government Code Section 53069.85, should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. This Section does not exclude recovery of other damages or remedies specified in the Contract Documents.

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

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

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

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Alfaro Communications Construction Inc. 15614 S. Atlantic Ave.

Compton CA, 90221
Telephone: (310) 669-8949
Fax: (310) 693-5343
Attn: Hugo Alfaro

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

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

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

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

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

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

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply and subject to compliance monitoring by the California Department of Industrial Relations (DIR), and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every Subcontractor who will perform work on this Project, Contractor shall be responsible for such Subcontractor’s compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure Subcontractor’s compliance. Labor Code Section 1725.5 requires all Contractors and Subcontractors to annually register with the DIR before bidding or performing on any public work contract.

17. Claim Dispute Resolution.

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

17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article

1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with the 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.

17.3 In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract.

18. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, in entering into this Contract or any subcontract to supply goods, services or materials pursuant to a public works contract, Contractor and any Subcontractor 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 (Chapter 2 (commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

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

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

19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Contract. 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 Contract. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Contract without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

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

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

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

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

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

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

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL BEACH CONTRACTOR:

By: ___________________________ By: ____________________________ Jill R. Ingram, City Manager
Name: __________________________
Attest:

Title: __________________________
By: ___________________________
Gloria D. Harper, City Clerk By: ____________________________ Approved as to Form: Name: __________________________
Title: __________________________
By: ___________________________ (Please note, two signatures required for Nicholas R. Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.

EXHIBIT A

FAITHFUL PERFORMANCE BOND
16 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET) (O-ST-4) (Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
17 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

PAYMENT BOND (LABOR AND MATERIALS)
19 Bond No. __________

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

WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

PEDESTRIAN IMPROVEMENTS (CENTRAL WAY AT 1ST STREET) (O-ST-4) (Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 20 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

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

1. This certificate is issued to:

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

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

Policy Number Effective Date Expiration Date
By:

Its Authorized Representative
23 EXHIBIT D-1

ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

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

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

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

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

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
25 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

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

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:

Explosion Hazard
ducts/Completed Operations
operty Damage y

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

13. (check one).

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

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

Executed , 20___
26 Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
27 EXHIBIT D-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 28 ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 29 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:

Any Automobiles Truckers Coverage
All Owned Automobiles Motor Carrier Act
Non-owned Automobiles Bus Regulatory Reform Act
Hired Automobiles Public Livery Coverage
Scheduled Automobiles
Garage Coverage

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

13. (check one).

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

Executed , 20___
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
30 EXHIBIT D-3

ADDITIONAL INSURED ENDORSEMENT

UMBRELLA/EXCESS LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
31 ADDITIONAL INSURED ENDORSEMENT

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

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

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

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

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

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

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 32 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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

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

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

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY
Following Form
Umbrella Liability

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

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

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

14. s made policy (check one).

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

Executed , 20___
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
34 EXHIBIT E

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS
35 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE

CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award):

Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three 36 business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement.

Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder.

License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________
37 EXHIBIT F

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS
38 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following:

1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law.

3. Contractor agrees to comply with the provisions of California 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. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.

4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 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 California Labor Code.

7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of 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 worker's 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.”
Date ___________________ Signature _______________________________________ 39 EXHIBIT G

BID PROPOSAL (INCLUDING BID SHEETS)
40 We R Builders, Inc.
3746 Foothill Blvd. #304,
Glendale, CA 91214
714.874.5275 |
LETTER OF WITHDRAWAL OF BID 1 of 1
December 22, 2023
Attention To: City of Seal Beach, Department of Public Works 211 Eighth Street, Seal Beach, CA 90740-6379
Ref.: Formal Withdrawal of Proposal for Pedestrian Improvements (Central Way at 1st Street) – CIP No. O-ST-4 Bid Date & Time: December 21, 2023 at 9:00 A.M.

Dear to Whom this May Concern,
I am writing on behalf of We R Builders, Inc. to formally withdraw our proposal packet submitted in response to the public bid referenced above with the City of Seal Beach, which was due on December 21, 2023. We deeply regret any inconvenience this may cause and would like to provide an explanation for this withdrawal.

We regret to inform you that we have identified a substantial discrepancy in our paperwork, resulting in an incorrect submission of our proposal due to an inadvertent human error on our part. We take full responsibility for this oversight, and we understand the importance of adhering to the specifications outlined in the RFP.

Despite our initial enthusiasm and desire to participate in this project, we believe it is in the best interest of all parties involved to withdraw our bid at this time, given the errors in our submission. We recognize the significance of maintaining the integrity of the bidding process and ensuring that all proposals meet the established criteria.

We want to stress our commitment to delivering high-quality services and products to the City of Seal Beach, and we sincerely apologize for any inconvenience or disruption this withdrawal may cause to your evaluation process.

We value the City of Seal Beach as a potential partner and look forward to future opportunities to collaborate.

If you require any further information or have any questions regarding our decision to withdraw our bid, please feel free to contact us at [email protected] or (714) 874-5275. We are more than willing to address any concerns and provide clarifications as needed.

Once again, we apologize for any inconvenience caused by our withdrawal and appreciate your understanding in this matter. We remain committed to the principles of transparency and fairness in the bidding process and hope for the possibility of working together on future projects with the City of Seal Beach.

Thank you for your time and consideration.

Sincerely,
Nezar Alsmadi, President
We R Builders, Inc.

Nezar Alsmadi | [email protected]
Agenda Item I

AGENDA STAFF REPORT
DATE: January 22, 2024
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 Services Agreement with West Coast
Arborists, Inc. for City-Wide Tree Maintenance Services ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7477:

1. Awarding a Professional Maintenance Services Agreement to West Coast Arborists, Inc., in a not-to-exceed amount of $259,010 per year to provide City-wide tree 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 $259,010 per one-year term extension; and,

4. Rejecting all other proposals.

BACKGROUND AND ANALYSIS:

The City’s urban forest consists of approximately 6,000 trees that require routine maintenance services to upkeep its health, safety, and beauty. The maintenance services to be provided by this agreement include tree trimming, stump removals, inventory management, and as-needed emergency work.

The City’s current tree maintenance services agreement is set to expire on January 28, 2024. Accordingly, a City-Wide Tree Maintenance Services Request for Proposal (“RFP”) was issued on September 25, 2023. On October 30, 2023, the City received the following four (4) proposals:

Page 2 ends

Contractors
West Coast Arborists, Inc.

Brightview Tree Care
Great Scott Tree Services, Inc.

Mariposa Landscapes Inc.

An evaluation panel reviewed the proposals and rated them according to the evaluation criteria set forth in the RFP, which included relevant experience, quality of references, cost, amongst other factors. The top three (3) vendors were subsequently invited for an in-person interview for further evaluation of their qualifications. Based on the above noted selection process, staff recommends selecting West Coast Arborists, Inc. as the most qualified to provide the City’s tree maintenance services.

The Agreement is in the amount of $259,010 per year for the original three-year term limit. The Agreement also allows for two (2) additional one-year term extensions after its original term, in the amount of $259,010 per one-year extension, based on contractor performance and at the discretion of the City.

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 services agreement with West Coast Arborists, Inc. will not have a significant effect on the environment.

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

LEGAL ANALYSIS:

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

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 budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7477:

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

4. Rejecting all other proposals.

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 7477
B. Agreement with West Coast Arborists, Inc.

RESOLUTION 7477

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL MAINTENANCE SERVICES
AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR

CITY-WIDE TREE MAINTENANCE SERVICES
WHEREAS, the City owns and maintains approximately 6,000 trees that require tree maintenance services to maintain the longevity and structural health of the trees; and, WHEREAS, the City’s current tree maintenance services agreement is set to expire on January 28, 2024; and,
WHEREAS, on September 25, 2023, the City issued a Request for Proposals for CityWide Tree Maintenance Services; and, WHEREAS, on October 30, 2023, the City received four (4) proposals; and, WHEREAS, the City performed a detailed review and evaluation of the proposals; and, WHEREAS, West Cost Arborists, Inc. was deemed responsive and most qualified.

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

Section 1. The City Council hereby awards a three (3) year Professional Maintenance Services Agreement (“Agreement”) to West Coast Arborists, Inc. in a not-to-exceed annual amount of $259,010 per year for the Original Term to provide City-Wide Tree 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 West Coast Arborists, Inc. proposal dated October 30, 2023.

Section 3. The City Council hereby authorizes the City Manager to extend the Agreement with West Coast Arborists, Inc. for up to two (2) additional one-year terms, at her discretion, in a not to exceed amount of $259,010 per one-year term extension.

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

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of January 2024 by the following vote:

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

Schelly Sustarsic, 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 7477 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of January 2024.

Gloria D. Harper, City Clerk

MAINTENANCE SERVICES AGREEMENT
for
City-Wide Tree Maintenance Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
(714) 991-1900
This Maintenance Services January 22,
2024 West Coast Arborists, Inc. Contractor a
California corporation,
2 of 23

RECITALS
A. City desires certain city-wide tree 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 on September 25, 2023, titled City-Wide Tree Maintenance Contractor submitted a proposal dated October 26, 2023 in response to the RFP.

C. Contractor represents that it is registered with the California Department of Industrial Relations (DIR Registration #1000000956), and the California State Contractors Licensing Board (CSLB License #366764), and that Contractor is licensed in the following classifications: C-27 or C-61/D-49; and C-31. Contractor further represents that it is 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.

D. 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 Services

1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Contractor shall provide those city-wide tree maintenance set forth in the Request for
and all standards and exhibits attached to and/or referenced in the RFP, attached hereto as Exhibit A
City- B,

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP (Exhibit A), including all standards, attachments and exhibits attached thereto and/or referenced therein; and (ii) the Proposal (Exhibit B); (iii) Terms for Compliance with California Labor Law Requirements (Exhibit C); and (iv) all other standards, attachments and/or exhibits attached to or referenced in this Agreement.
3 of 23

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit A (the RFP), including all standards, attachments and exhibits attached thereto and/or referenced therein; and then (iv) Exhibit B (the Proposal), shall govern. In the event that there is any conflict between this Agreement, on the one hand, and any of the Exhibits, on the other hand, this Agreement shall control.

1.3. Standard of Care. 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. City relies upon the skill of Contractor, and Contractor
and professional manner, and Contractor and Contractor
Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor
operate as a release of Contractor from such standard of care and workmanship.

1.4. Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor

1.5. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.6. Additional Services. 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.
4 of 23

2.0 Term

2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years and shall expire at midnight on January 22, 2027, unless sooner terminated or extended as provided by this Agreement.

2.2. Extensions. 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)
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 January 22, 2027 through and including January 22, 2028, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from January 22, 2028 through and including January 22, 2029, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to representatives.

3.0 Contractor

3.1. Original Term. In consideration the
Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $259,010.00 (two hundred fifty-nine thousand ten dollars and 00/100) for each year of the Original Term; and in no event will City pay more than the total not-toexceed amount of $777,030.00 (seven hundred seventy-seven thousand thirty dollars and 00/100) for the Original Term. Payment for any additional work authorized by the City pursuant to Subsection 1.5 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.

3.2. Extensions. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, in consideration of A 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 $259,010.00 (two hundred fifty-nine thousand ten dollars and 00/100) 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 for each extension.
5 of 23

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 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
agents or representatives to inspect at Contractor
business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor
under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. Termination by City.

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

5.1.2. 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. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, Contractor
termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the 6 of 23
Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Contractor. 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. City Representative

6.1.1. this Agreement.

6.2. Contractor Representatives

6.2.1. Victor Gonzalez is the Contractor's primary representative for purposes of administering this Agreement.

6.2.2. Robert Thompson is the Contractor s representative responsible during the term of this Agreement for directing all maintenance activities of Contractor and devoting sufficient time to personally supervise the Services hereunder.

6.2.3. Contractor may not change its representatives without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

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

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
7 of 23
To Contractor: West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, California 92806
Attn: Victor Gonzalez

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
For the duration of this Agreement, Contractor and all subcontractors performing the Services shall be registered with the Department of Industrial Relations (DIR), and the California State Contractors Licensing Board . Contractor and all subcontractors performing any of the Services shall possess any and all current licenses in the classifications, and certifications, listed in the RFP (Exhibit A) to perform the Services. Contractor and all of Contractor other personnel shall also obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.3. 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 personnel under Contractor supervision. Contractor will determine the means, methods, and details by which Contractor 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.

9.4. All of Contractor 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 not supervise any of employees supervise Contractor
personnel. Contractor
badge, identification number, or other information identifying such individual as an employee of City; and Contractor -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 require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor 8 of 23
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
review plans on file at City, pick up or deliver any work product related to Contractor 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 to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.5. In addition to all other provisions of this Agreement, Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor 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 as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.6. Contractor shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor . 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
arising under this Section. This duty of indemnification is in addition to Contractor any
other provision of this Agreement. Contractor covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and 9 of 23
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 ,
commencing at Government Code § 20000, as amended by the Public the regulations of
PERS, as amended from time to time. 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. To the maximum extent permitted by law, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor ny provisions of this Section 10.0. This duty of indemnification is in addition to Contractor
other provision of this Agreement. Contractor covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 12.1), and/or any other data, documents, writings, discussion, or other information created, developed, prepared, received by or provided to Contractor in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Contractor. Contractor shall not disclose or release any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, 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 10 of 23
Contractor gives City timely notice of such court order or subpoena.

11.2. Contractor shall promptly notify City should Contractor, its officers, 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
such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Contractor s and obligations 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 field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever and any other documents and written material of any kind created, developed, prepared or used by Contractor in the performance of this Agreement shall be
benefit of City. Upon completion of, or in the event of, termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made 'in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or s own risk. 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.
11 of 23

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 for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in Work Product violates
federal, state or local laws, 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 Written Products 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: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. covenants and obligations 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.

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. Authorized subcontracts, if any, shall contain a provision requiring the subcontractor to comply with all requirements of this Agreement.

14.0 Prohibition Against Assignment, Transfer or Delegation Contractor shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without , which
may be withheld for any reason. Any purported assignment, transfer or 12 of 23
delegation shall be void and without effect, and shall
entitle City to terminate this Agreement.

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,

5.0 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.

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:
13 of 23

17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If 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. Professional Liability (or Errors and Omissions) Liability Insurance: Contractor shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.2.4. Insurance in the amount required
with limits 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.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, 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.
14 of 23

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, 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 Contractor or for which 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 Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, 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, 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. 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.

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

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15 of 23

17.9. Waiver of Subrogation. Each insurance policy shall expressly waive , its elected and appointed officials,
officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

17.11. City Remedy for Noncompliance. If 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 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 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.

17.12. 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 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.

17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor performance of Contractor o indemnify City under any provision of this Agreement.

17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor may also procure and maintain, at its own cost and expense, any additional kinds of insurance, 16 of 23
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.

17.15. 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 may involve coverage under any of the required insurance policies.

17.16. Subcontractor Insurance Requirements/Pass-Through Clause.

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. Contractor agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees to submit all agreements with contractors, subcontractors, and others engaged in

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnities.

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, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent Indemnit in this Section

18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively in law or equity, whether actual, alleged or threatened, to persons or property, including bodily injury, death, personal injury, and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to any breach of this Agreement and/or any acts, errors, omissions, negligence, or willful misconduct of Contractor, its officers, agents, servants, employees, contractors, subcontractors, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Contractor shall bear the legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the 17 of 23
th 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 indemnity agreements, 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, arising out of, claimed to arise out of, pertaining to, or relating to any breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Contractor ants, employees,
subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor bear the legal liability) in the performance of this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Compensation Acts Not Limiting. Contractor
indemnification obligations under this Section, or any other provision of this mpensation
act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, 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 asserted against City or any of the other Indemnitees.

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

19.0 Non-Discrimination Equal and Employment Opportunity 18 of 23
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 of its employees, applicants for employment, contractors or subcontractors because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against any of contractors, contractors,
subcontractors, subcontractors, or those City agents serving as independent contractors in the role of City officials on any such basis prohibited by law.

20.0 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 -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, 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 Recitals
City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into 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 Government Code Claim Compliance
19 of 23
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

26.0 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. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under any provision of this Agreement (whether contract, tort or both).

27.0 Non-Exclusive Agreement
City reserves the right to employ or retain any other contractors in connection with this Project.

28.0 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.

29.0 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. 20 of 23

30.0 Prohibited Interests; Conflict of Interest

30.1. 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.

30.2. 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.

30.3. 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.

31.0 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
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 21 of 23
or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.

32.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall review of Contractor 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.

33.0 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 Services beyond the current fiscal year, this Agreement shall cover payment for Contractor 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.

34.0 Mutual Cooperation

34.1. . City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor

34.2. Contractor . Contractor agrees to work closely and jurisdiction or interest in the Services to be performed. In the event any claim or action is brought against City relating to Contractor
rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

35.0 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.

36.0 Attorneys' Fees
22 of 23
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 therewith.

37.0 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.

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 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.
[signatures contained on following page]

EXHIBIT A
Request for Proposals
for
City-Wide Tree Maintenance Services
City of Seal Beach
Request for Proposals
for
City-Wide Tree Maintenance Services
Optional Pre-Proposal Conference:
10:00 A.M., October 11, 2023
City of Seal Beach Corporate Yard – 1776 Adolfo Lopez Dr.

RFP responses to be received until
12:00 P.M., October 30, 2023
in the Public Works Department
ATTN: Sean Sabo, Management Analyst
Approved for Advertising:

Iris Lee
Director of Public Works
Date Issued: September 25, 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 – Fee & Cost Proposal
EXHIBIT B – Sample Contract
3 REQUEST FOR PROPOSALS FOR

CITY-WIDE TREE 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 tree maintenance as detailed in the Scope of Services. General items of work include pruning trees in accordance with the International Society of Arboriculture (ISA) Pruning Standards, disposal of all materials, tree planting, tree and/or stump removal, provide and maintain a tree inventory system, and other work that may be requested by the City.

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 tree 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:

Licenses:
o C-27 – Landscaping; and/or,
o C-61 Limited Specialty/D49 Tree Service Contractor; and, o C-31 Construction Zone Traffic Control
Certificates:
o ISA Certified Arborists; and,
o ISA Certified Tree Workers.
• Ability to comply with the most current version of industry performance standards:
o ANSI A300 Tree, Shrub and Other Woody Plant Management – Standard Practices, all parts, including Part 1- Pruning
o ANSI Z60.1 Nursery Stock
4 o ANSI Z133 for Arboricultural Operations – Safety Requirement • Ability to company with all Applicable Laws and Regulations, including but not limited to: current requirements of the Occupational Safety and Health Act (OSHA), Migratory Bird Species Act (MTBA) and (ESA) Endangered Species Act and as it may be amended or updated throughout the term of this contract.
• 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 tree maintenance services.

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
The work shall include furnishing all labor and equipment necessary to fully comply with the scope of work contained herein. Payment for tree services will be controlled by the unit bid prices provided. No additional compensation will be provided.

Work includes but is not limited to:
• Tree pruning
• Tree training
• Tree removal
• Root pruning
• Tree planting
• Tree watering
• Clean up and deposal of debris
• Inventory and work record management
• Integrated pest management (disease and insects)
• Risk assessments/inspection/arborist report
• Special request, e.g., crown reduction
5 EQUIPMENT AND PERSONNEL
The contractor’s crew foreman and supervisor shall be Certified Arborists in good standing with the International Society of Arboriculture. Tree trimmers shall also be Certified Tree Workers. One certified arborist per crew and all trimmers must be certified tree workers. Contract personnel shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway right-of-way. All aerial trucks shall be equipped with but not limited to the following: appropriate chain saws, loppers, pole pruners, hand pruners, blowers and plywood to complete all necessary work.

No Contractor personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City, shall be discharged or removed from working on City jobs immediately.

Contractor trucks will include the Contractor’s name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City of Seal Beach. The City must approve the design of the signs the Contractor will provide. Contractor is prohibited from parking his equipment overnight on City streets.

Contractor shall provide their foremen with a laptop or other computerized device for the purpose of having the ability to view the City’s tree database and to collect the City’s tree asset numbers during pruning and any other tree related operation.

Contractor shall have the capability to provide completed work orders and pertinent information in an Excel spreadsheet format to be imported into the City’s work order system. Contractor shall submit the completed form electronically.

PERFORMANCE REQUIREMENTS
Pruning Specifications
Pruning shall conform to American National Standard, ANSI A300, and Tree Care Operations for Tree, Shrub and Other Woody Plant Maintenance – Standard Practices. Pruning will generally be Maintenance Pruning as described in ANSI A300, Section 5.3.2.

Palm Requirement: During the removal of fronds, seeds/pods the Contractor shall check and remove any loose petioles from all palm species. This practice is not only limited to the base of the palm frond growth.

Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Director of Public Works or Designee, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Director of Public Works or Designee before work begins. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be made using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. 6 All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work.

Contractor shall clean all tire marks from hardscape, i.e., sidewalks, parking lots, curbs, gutters, etc., BEFORE final payment is received. Clean-up work shall consist of restoring site to original condition after work has been performed.

Disposal and recordkeeping of all organic waste shall be in compliance with Senate Bill (SB) 1383 regulations.

Contractor will maintain and report certain records, including delivery receipts and weight tickets, as identified in California Code of Regulations (CCR), Title 14. All documents supporting compliance with SB 1383 shall be available to the City upon request.

Existing tree stakes, ties, and guys shall be checked and corrected as needed by the tree maintenance contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required.

Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Maintenance Services Supervisor. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Tree suckers shall be removed as needed. Lower branches can be removed only after tree is able to stand erect without staking or other support. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the tree maintenance contractor.

The Contractor will replace and be held liable for any damages done to trees or landscaping due to poor management procedures of services rendered (i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). If, at the sole discretion of the City, a newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species and acceptable. Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants. The Contractor shall notify DigAlert and follow safe digging guidelines prior to any excavation.

Safety Requirements
Tree Maintenance operations shall conform to American National Standard, ANSI Z133.1, Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush – Safety Requirements. It shall be the Contractor’s responsibility to obtain the most current ANSI Z133.1 specifications.

Tree Removals
In addition to the ANSI A300 and Z133.1 standards, the following tree removal specifications shall apply:

Each tree to be removed will be painted with a white spot at the base of the tree trunk. All tree stumps are to be ground within five (5) workdays. Stump grinding is to be a minimum of twelve inches (12”) below grade and until tree roots are no longer present. All stump chips are to be removed and the void backfilled with native soil or clean fill dirt, which is to be compacted and leveled to grade suitable for seeding or planting. All costs associated with stump grinding shall be included as part of the unit cost for tree removals. It shall be the responsibility of the Contractor to call in the tree stump location to Underground Service Alert (USA) prior to grinding the tree stump.
7 In cases where it is determined that the trees scheduled for removal have died due to the Eucalyptus Longhorn Borer or any other Borer, the wood shall be disposed of by hauling to an authorized disposal station. At no time shall any wood from trees having died from the Eucalyptus Longhorn Borer or any other Borer be hauled anywhere other than the authorized disposal station. The City must approve the disposal station prior to any disposal taking place. Payment for complete stump removal shall be included in the tree removal operation UNIT PRICE and no additional compensation will be allowed for crew rental rates, etc. Payment for tree removals will not occur until all related stumps have been removed.

It shall be the judgment of the City to determine if a tree has died from Eucalyptus Longhorn Borer activity.

The City may require the Contractor to show receipts of any or all disposed wood prior to payment for tree removals being made.

Contractor shall notify the City immediately if any damage to City property occurs. Examples: broken irrigation heads, valves or piping, damaged drinking fountains, play equipment, non-target trees, turf and shrubbery, and any and all other city property damaged during the course of performing work for the City. All repairs must be completed within 5 days of the occurrence. Replacement of damaged landscaping or property will be replaced in-kind and the site restored to its original condition.

Traffic Safety
Contractor shall conform to all City of Seal Beach traffic safety requirements and operating rules at all times which this contract is in effect. Contractor shall conform to all standards and guidelines provided in the latest edition of the Work Area Traffic Control Handbook (WATCH) and California Uniform Traffic Control Devices (MUTCD). Vehicular traffic lane and bike lane closures on arterial streets shall be between the hours of 9:00 a.m. and 3:00 p.m. only, no exceptions.

Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through vehicle or pedestrian traffic. This is to include a high-visibility arrow board or arrow boards. The City must approve all traffic safety equipment prior to use.

A traffic control plan for all arterial streets listed will be submitted to Public Works staff within five (5) days prior to work on any arterial street. High visibility arrow boards shall be used while working on all arterial streets.

Failure on the part of the contractor to safely close traffic, bicycle areas, and pedestrian ways and to adhere to all other guidelines associated with maintenance operations adjacent to vehicle, bicycle areas, and foot traffic areas shall incur a $400.00 performance deficiency deduction per infraction.

Tree Inventory Service
Contractor shall have the capability to inspect and to inventory City trees by utilizing a GPS (global positioning system) device compatible with the City’s mobile device application. The inspection and inventory collection shall be performed by an ISA certified arborist. The information collected shall include the confirmation of the tree asset number, trunk diameter, height and canopy spread, maintenance needs and the general condition of the tree. Any obvious defects shall be noted and brought to the attention of the City. Contractor shall inventory all the City’s trees once during the term of this contractor, to be completed within the first year of the contract term. Contractor will also update the inventory by including maintenance work, new plantings and removal history on a quarterly basis. Contractor shall provide the City with a copy of the master tree inventory as well as updated quarterly inventory updates. The cost for tree inventory management work shall be included in the unit bid pricing provided for tree services and no additional compensation will be allowed. 8 Inspection
The Contractor shall meet with the City prior to beginning work in each of the specified locations to inspect and determine the pruning objectives of the location. Once work begins, it shall be the responsibility of the Contractor to visually inspect each tree prior to pruning. If a condition is observed that requires additional attention, this condition will be reported immediately to the City.

The Contractor shall be responsible for verifying that all work in progress is in accordance with ANSI Z133.1 Safety Requirements.

The Contractor shall be responsible for verifying that all work in progress is in accordance with ANSI A300 Standard Practices. The City shall have the option to withhold payment for completed work not complying with ANSI trim standards.

Communication
The Contractor shall have the ability to contact its field crews within 30 minutes of notification by the City during normal working hours. The Contractor and each crew foreman shall have a portable cellular telephone. The phone numbers shall be given to the City. The Contractor and each crew foreman shall be accessible for communication during normal work hours. Each crew foreman shall call the City daily prior to 7:00 a.m. to discuss crew locations and work schedules.

The Contractor and each crew foreman shall meet with the City once per week to discuss all contract activities.

The Contractor shall notify in writing, by use of a City-approved flyer, residents of property adjoining the location of the work at least forty-eight (48) hours before the start of work in that area or on the adjacent street.

The Contractor is responsible for posting “temporary no-parking” signs at least forty-eight (48) hours before using the parking lane for tree trimming purposes. In the case of work requiring mass removal of green waste, which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time to provide access to said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance.

Further, the Contractor shall provide access to each residential or commercial establishment each evening.

The Contractor shall provide a supervisor who is a Certified Arborist, certified by the International Society of Arboriculture. It is expected that this person will be able to communicate effectively in both written and oral English. Any order or communication given to the Contractor shall be deemed as delivered to the Contractor.

Working Hours
Workdays are Monday through Friday. On occasion, the Contactor shall provide work crews to perform routine maintenance activities on Saturdays. Work completed under this arrangement shall be paid at the unit price of such work.

Unless otherwise directed or approved, working hours shall be no earlier than 7:00 a.m. and no later than 4:00 p.m. Arterial street working hours shall be 9:00 a.m. to 3:00 p.m.

Performance During Inclement Weather
The Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather during periods when inclement weather hinders normal operations. The Contractor shall not remove 9 his work force form the job site unless he has previously notified the City. The Contractor may be required during inclement weather to perform clean-up tasks as requested by the City.

CALIFORNIA DEPARTMENT OF FISH AND GAME CODE #3503
California Department of Fish and Game Code #3503 states, “It is unlawful to take, possess or needlessly destroy the nest or eggs of any bird,” therefore, it shall be the Contractor’s responsibility to bypass and leave undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s) all in accordance within the Migratory Bird Treaty Act (MBTA).

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 tree maintenance 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 trees that show signs of death, decay, disease, weak branch unions, cracks, or other hazardous defects 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 Work.

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.

Billing Form, Records and Reports
• Contractor shall furnish and maintain daily logs and records for all work. 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. 10 • 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 tree maintenance crew at any time.
• 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.
11 d. Knowledge and Abilities
All Work shall be performed in a manner approved by the City and Cal/OSHA, 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 and after-hours tree service requests 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 who can take the necessary action required to alleviate an emergency condition or after-hours tree service requests. Should the contact persons or their phone numbers change during the course of the Contract, those changes shall be submitted to the City within two (2) working days.

Emergency hours and after-hours are outside normal working hours between the hours of 4:00 p.m. and 7:00 a.m., Monday through Friday, and all-day Saturday and Sunday, unless the work is approved routine maintenance activities on Saturdays.

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. Failure to meet these requirements for timely response to emergencies shall result in a $500 penalty for each occurrence, as the actual liquidated damages.
12 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
An optional pre-proposal conference is scheduled for 10:00 a.m., Wednesday, October 11, 2023 at the Seal Beach Public Works Corporate Yard, 1776 Adolfo Lopez Dr., Seal Beach, CA 90740. 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 questions and requests for clarification received by October 18, 2023.

V. SCHEDULE
The following dates reflect the anticipated schedule:
▪ Request for Proposal Solicitation 09/25/2023
▪ Optional pre-proposal conference 10/11/2023, 10:00 a.m. 13 ▪ Pre-Proposal Question Deadline 10/18/2023
▪ Proposal Submittal Deadline 10/30/2023, 12:00 p.m.
▪ Contractor Interviews November 2023
▪ Contract Award by City Council January 2024
▪ Notice to Proceed January 2024
VI. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 12:00 PM on Monday, October 30, 2023 to the following. Postmarks will not be accepted.

Sean Sabo
Management Analyst
Department of Public Works
1776 Adolfo Lopez Drive
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).

Information to be Submitted
The following information shall be provided, at a minimum:
o Cover Letter
o Table of Contents
o Company Qualifications
o Local Staffing List
o References
o Fee & Cost Proposal
Exceptions
Business Entity
14 o Certifications
o Understanding/Approach
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 and/or C-61/D-49 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 “Fee & Cost 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.

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. 15 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 the City to determine the work to be done. An optional pre-proposal conference 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.

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 16 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. Fee & Cost 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. 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 17 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. Insurance and Bonding Requirements
The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements.

E. 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 applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities 18 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.” F. 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.

EXHIBIT B
s Proposal
City of Seal Beach
City-Wide Tree
Maintenance Services

Client Name / RFP Name
3 Setting the Gold Standard

TABLE OF CONTENTS
COVER LETTER ................................................................................................................................. 2 TABLE OF CONTENTS....................................................................................................................... 3 COMPANY QUALIFICATIONS ......................................................................................................... 4 Company Introduction ........................................................................................................... 4 LOCAL STAFFING LIST ..................................................................................................................... 6 CERTIFICATIONS ............................................................................................................................ 12 UNDERSTANDING/APPROACH .................................................................................................... 15 Technology and Information ................................................................................................ 22 Equipment List ........................................................................................................................ 25 Scope of Services .................................................................................................................. 29 REFERENCES .................................................................................................................................. 32 FEE & COST PROPOSAL ................................................................................................................ 35 EXCEPTIONS .................................................................................................................................. 38 BUSINESS ENTITY ............................................................................................................................. 39 CONTRACT SIGNATORIES ............................................................................................................ 40 INSURANCE.................................................................................................................................... 41 Client Name / RFP Name
4 Setting the Gold Standard

COMPANY QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,200 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.

OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:

LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Robert Thompson, Area Manager
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN
Client Name / RFP Name
5 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,200+ employees
• 350+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $190 million annually
• Fleet of approximately 1,600 pieces of equipment
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
Client Name / RFP Name
6 Setting the Gold Standard

LOCAL STAFFING LIST
Introduction
West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry.

Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” Certification
WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.

Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified.

Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.

Client Name / RFP Name
7 Setting the Gold Standard
Meet the Team: Project Team
NICK ALAGO Regional Manager/V.P.

Mr. Alago has been with WCA since 1999. He has nearly 35 years’ experience in the arboriculture field. He started with WCA as a Foreman and was continuously promoted, reaching the status of Area Manager. For over 10 years, he excelled as an Area Manager for the Inland Empire and was promoted in 2020 to Regional Manager. As a Regional Manager for the Los Angeles and Inland Empire areas, he oversees the operations and provides support to the Area Managers. His extensive knowledge of the urban forest is a columniation of experience and continued education as well as certification that is offered in the industry.
• ISA Certified Arborist Utility Specialist #WE-4396AU
• TCIA Certified Treecare Safety Professional #250
• ISA Tree Risk Assessment Qualified
• TLC Wildlife Area
ROBERT THOMPSON Area Manager
Mr. Thompson has been with WCA since 2003. Before that time, he worked for the City of Tustin and a commercial tree service for 25 years. As an Area Manager, he is responsible for field operations and management of crews in South Los Angeles County. He is also involved in scheduling, evaluation, and production of street tree maintenance. Mr. Thompson has nearly 40 years’ experience in the tree care industry. He currently manages contracts in WCA’s South Bay region including City of Long Beach, City of Carson, City of Bellflower, City of Paramount, City of Rancho Palos Verdes, City of Lakewood, and the City of Redondo Beach. • ISA Certified Arborist #WE-0915AU
• ISA Tree Risk Assessment Qualified
• TCIA Certified Treecare Safety Professional (CTSP) #755 • WTI Wildlife Protector #584
NESTOR VALENCIA Project Supervisor
Nestor has worked with WCA, Inc. since 2003. He started as a Groundworker and has since worked his way from Tree Trimmer to Foreman to Area Supervisor. His knowledge and experience include rigging, removals and using proper ISA pruning standards. Today, his responsibilities include assisting the Area Manager in scheduling and overseeing crews throughout the South Bay region.

Responsibilities also include employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site.
• ISA Certified Arborist #WE-11259A
• TCIA Certified Treecare Safety Professional (CTSP) #3527 • WCA Qualified Tree Worker Level I & II
Client Name / RFP Name
8 Setting the Gold Standard
Meet the Team: Support Staff
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• FAA UAS Part 107 Remote Pilot
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
TIM CROTHERS Plant Health Care Manager
Mr. Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists. • ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticultureal Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
VICTORIA NOGALES Customer Service Rep. (CSR)
As the CSR (Customer Service Representative), Ms. Nogales is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Victoria is responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc.

Client Name / RFP Name
9 Setting the Gold Standard
Executive Staff
From marketing, contract administration, field and fleet management, to information technology, our Executive Staff is involved in the day-to-day operations supporting each Project Team and customer to ensure the highest quality of tree care is being achieved in the industry.

Patrick Mahoney
President
Richard Mahoney
Secretary
Rose Epperson
Treasurer
Andrew Trotter
V.P. – Field Operations
Chris Crippen
V.P. – I.T.

Victor Gonzalez
V.P. – Business
Development
Debbie DePasquale
V.P. – Internal Operations
Ernesto Macias
V.P. – Risk Management
Nick Alago
V.P. – SoCal Region
Michael Palat
V.P. – SoCal Region
Jason Pinegar
V.P. – NorCal Region
Client Name / RFP Name
10 Setting the Gold Standard
Client Name / RFP Name
11 Setting the Gold Standard
Client Name / RFP Name
12 Setting the Gold Standard

CERTIFICATIONS
Client Name / RFP Name
13 Setting the Gold Standard
ISA Certifications
Client Name / RFP Name
14 Setting the Gold Standard
WCA’s ISA Certified Arborists
ADAN BALTAZAR REYNAGA WE-7786AT HERMINIO PADILLA WE-7552AUTM JOSE MANUEL PEREZ WE-0818AT REBECCA A. MEJIA WE-2355A ANDREW JOSEPH PINEDA WE-12738A HUGO ANGEL RINCON WE-8710AT JOSEPH NICK ALAGO WE-4396AU RENE ROSALES WE-7941AT ANDREW R. TROTTER WE-0642AU IGNACIO LOPEZ WE-7329AU JOSEPH BARTOLO WE-2034AU RICHARD R. MAHONEY WE-1171A ANDREW JOSEPH ONDREJECH WE-13817A ISAAC GARZA, JR. WE-8689A JUAN ORTIZ WE-8514AT ROBERT EDWARD KNIGHT WE-11564AT BENJAMIN EUGENE BORDSON WE-10777A ISAAC ONTIVEROS WE-8567A JUAN P. LAIJA, JR. WE-13425A ROBERT D. THOMPSON WE-0915AU BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT JULIO C. GARCIA VAZQUEZ WE-11175AT ROBERT A. WRIGHTSON WE-10411A BRIAN M. KOCH WE-0341A ISIDRO ESTRADA BARBOZA WE-11685A JUSTIN LEE MENZEL WE-11756A ROSE M. EPPERSON WE-1045A CALVIN F. HAUPT WE-7634A J. ALONSO GARCIA-LOPEZ WE-8499A KELLY ANN PARKINS WE-13868A RYAN R. COLBERT WE-13154A DANE JENSEN WE-12014A JAIME ROGELIO HERNANDEZ WE-5297AT KRIS BURBIDGE WE-9566AUM SAMUEL JIMENEZ WE-11109AT DANIEL CHAVARRIA WE-10292AT JAMES PAUL SPECK II WE-10858AT LEONARDO RAMOS WE-11264AT SEAN PATRICK SULLIVAN WE-10050AT DANIEL MAHONEY WE-10434A JASON ROSS DAVLIN WE-7628A LEONEL CORTEZ WE-8625AT SHAWN A. GUZIK WE-3182AU DANIEL RIVAS WE-10850AT JASON PINEGAR WE-2039AU LORENZO PEREZ WE-7443AT STEFAN B. KALLENBERG WE-10730AT DANIEL WILLIAM VILLA, II WE-13609AT JEREMY PAUL PIERCE WE-12566A MANUEL BRIANO WE-8791AT STEPHEN GLENN DAVIS, JR. WE-10894AUTM DAVID GLYN EVANS WE-1588A JERRY A. ROWLAND WE-6353A MARCO A. PADILLA JIMENEZ WE-8621AT STEVE B. HUNT WE-1044AT DEBORAH DEPASQUALE WE-3812A JOEL LOPEZ WE-10871AT MARIO A. GONZALEZ WE-13119A TIMOTHY R. PATTERSON WE-12037A EDIBERTO SERNA SALAZAR WE-11051AT JOHN LEE PINEDA WE-10367AUT MATEO ARVIZU WE-10151AT TYLER KEASBEY LEHMANN WE-13460A EDUARDO VARGAS WE-11058AT JORGE MAGANA WE-3460A MICHAEL ALAN DA SILVA II) WE-12483A VICTOR M. GONZALEZ WE-7175AM ERNESTO J.F. MACIAS WE-7120AUM JOSE LUIS ABALOS WE-8734A MICHAEL LOUIS YOUNG WE-11687AT WALLACE BURCH WE-0713AT FELIX HERNANDEZ WE-2037AT JOSE M. CORTEZ TORRES WE-8539AUT MICHAEL ANTHONY NUNES WE-12943A WILLIAM STEVE PONCE WE-6461A FRANCIS LEO MALABUYOC WE-12279AT JOSE MANUEL JIMENEZ URQUIZO WE-11111AT MITCHELL ANDREW OWENS WE-12619AT GENARO VICENTE CORONEL WE-12740A JOSE INEZ MANCILLA WE-10983AT NESTOR M. CABRERA MORA WE-13613AT GERARDO MARTINEZ GARCIA WE-11358A JOSE M. CHAVARRIA MANZO WE-11210AT NESTOR VALENCIA WE-11359A GERARDO PEREZ WE-9131AT JOSE A. ALVAREZ WE-10908AT OSCAR GUTIERREZ WE-12783AT GONZALO REGALADO WE-9952AT JOSE ALFREDO GONZALEZ WE-6475AT PATRICK O. MAHONEY WE-1172A HECTOR MONTES WE-8079AUT JOSE LUIS DELREAL WE-11231AT
WCA’s ISA Certified Tree Worker/Climbers
AN BALTAZAR REYNAGA WE-7786AT GABRIEL GAMINO WE-11167T JOSE M. MUNIZ GARCIA WE-11686T SALUSTIO SANCHEZ ARROYO WE-11462T ADAN RODRIGUEZ WE-11281T GABRIEL MERCADO RUIZ WE-11568T JOSE MANUEL PEREZ WE-0818AT SAMUEL JIMENEZ WE-11109AT ADOLFO S. RUIZ WE-11294T GAMALIEL MANZANO CORONA WE-12280T JUAN AMADOR ARCE WE-11480T SANTOS MACIAS LEMUS WE-10980T ADRIAN MUNOZ WE-13987T GEORGE HERNANDEZ PEREZ WE-12269T JUAN BECERRA WE-10932T SEAN PATRICK SULLIVAN WE-10050AT ALFREDO ANGEL LOPEZ WE-11334T GERARDO MARTINEZ GARCIA WE-10997T JUAN C. LOPEZ GARCIA WE-12918T SERGIO LOPEZ-RIVERA WE-10957T ANDRES ROMAN WE-11285T GERARDO PEREZ WE-9131AT JUAN MARQUEZ WE-10987T SERGIO MACIAS-PEREZ WE-10920T ANDREW JOSEPH ONDREJECH WE-13817AT GERARDO PEREZ BADILLO WE-13986T JUAN ORTIZ WE-8514AT STEFAN B. KALLENBERG WE-10730AT ANTHONY DOUGLAS FONG II WE-12051T GERARDO A. ORDUNO WE-11036T JUAN C. PENA-ARIAS WE-11327T STEPHEN GLENN DAVIS, JR. WE-10894AUTM ANTONIO CASTELLANOS WE-11203T GONZALO REGALADO WE-9952AT JUAN TELLEZ TAPIA WE-11137T STEVE B. HUNT WE-1044AT ANTONIO GARCIA CONTRERAS WE-11173T HARLEY THOMAS DAVIS WE-13430T JUAN C. TORRES-COVARRUBIAS WE-12343T TRISTON JAMES POWERS WE-12211T ARIEL ALONSO WE-10906T HECTOR MONTES WE-8079AUT JULIO C. GARCIA VAZQUEZ WE-11175T TYLER KEASBEY LEHMANN WE-13460AT ARMANDO O. LOPEZ WE-10953T HERIBERTO CORONEL WENCESLAO WE-11218T LEONARDO RAMOS WE-11264T VENTURA GOMEZ WE-11180T ARMANDO SOTO WE-11131T HERMINIO PADILLA WE-7552AUTM LEONEL CORTEZ WE-8625AT WALLACE BURCH WE-0713AT AURELIO PAZ-GUZMAN WE-11084T HUGO ANGEL RINCON WE-8710AT LETUSA MUAAU, JR. WE-11021T BENJAMIN EUGENE BORDSON WE-10777AT HUMBERTO CHAVARRIA WE-11207T LORENZO ARREOLA-MURILLO WE-13612T BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT LORENZO PEREZ WE-7443AT BRIAN NORTON WE-12678T ISRAEL A. RAMIREZ WE-11567T LUIS P. PEREZ WE-11245T CANDELARIO PRIEGO WE-12781T J. SOCORRO GARCIA WE-11172T LUIS A. MUNOZ RAMIREZ WE-11023T CARLOS IXTA WE-11106T JAIME ROGELIO HERNANDEZ WE-5297AT MANUEL BARRAGAN WE-10925T CARLOS LEYVA BARAJAS WE-12620T JAMES PAUL SPECK II WE-10858AT MANUEL BRIANO WE-8791AT CARLOS RAMOS WE-11263T JESUS M. SARABIA PENA WE-11450T MARCO A. CASTILLO REYES WE-13429T CELEDONIO R. MANZANO OLEA(E WE-10984T JESUS A. MONTES( WE-11014T MARCO A. PADILLA JIMENEZ WE-8621AT CELESTINO PEREZ WE-11243T JESUS E. GARCIA ARCE WE-13723T MARCOS RICHARD-MARTINEZ WE-10989T CESAR GUADALUPE VALENZUELA REYES WE-11076T JOEL LOPEZ WE-10871AT MATEO ARVIZU WE-10151AT CESAR WENCESLAO WE-10968T JOEL MARTINEZ WE-10992T MELCHOR LEMUS WE-11237T CUAUHTEMOC AMEZCUA QUEZADA WE-14058T JOEL ORTIZ WE-11039T MICHAEL ALAN DA SILVA II WE-12207T DANIEL CHAVARRIA WE-10292AT JOEL M. RIVERA WE-11273T MICHAEL LOUIS YOUNG WE-11687AT DANIEL ELIZARRARAS WE-13611T JOHN LEE PINEDA WE-10367AUT MIGUEL AYALA WE-10924T DANIEL RIVAS WE-10850T JONATHAN GARCIA HERNANDEZ WE-13989T MIGUEL MACIAS WE-10978T DANIEL WILLIAM VILLA, II WE-13609T JORGE ARREOLA-HERNANDEZ WE-11321T MIGUEL A. VALERIO AJAL WE-13848T DELFINO AGUILAR-MORALES WE-10900T JORGE DUENAS WE-11144T MITCHELL ANDREW OWENS WE-12619T DEMETRIO LIRA WE-11323T JORGE JIMENEZ WE-11110T NELSON R. AGUIRRE WE-10901T DEMETRIO OSEGUERA WE-11043T JOSAFAT MONTOYA WE-11015T NESTOR M. CABRERA MORA WE-13613T EDIBERTO SERNA SALAZAR WE-11051T JOSE AGUAYO WE-10899T NICOLAS GODINA WE-11907T EDUARDO AVILA WE-10812T JOSE ABEL CANCINO WE-11192T OSCAR GUTIERREZ WE-12783T EDUARDO HERNANDEZ WE-12917T JOSE AGUSTIN CARRILLO WE-11200T PEDRO CUEVAS WE-11765T EDUARDO VARGAS WE-11058AT JOSE M. CORTEZ TORRES WE-8539AUT PEDRO GARCIA WE-11168T EDWIN ANTONIO FUENTES WE-12777T JOSE R. GRANADOS WE-11186T PEDRO ALTAMIRANO WE-11095T FAUSTO GUZMAN WE-11083T JOSE JIMENEZ WE-11108T PEDRO SANDOVAL WE-11301T FELIX GARCIA WE-11170T JOSE JIMENEZ HERNANDEZ WE-11113T RAMON ZUNIGA GOMEZ WE-10977T FELIX HERNANDEZ WE-2037AT JOSE MANUEL JIMENEZ URQUIZO WE-11111T RANULFO PERALTA CASTANEDA WE-11202T FRANCIS LEO MALABUYOC WE-12279AT JOSE INEZ MANCILLA WE-10983T RAUL JIMENEZ DURAN WE-13865T FRANCISCO URENA JIMENEZ WE-11075T JOSE M. CHAVARRIA MANZO WE-11210AT RAUL MANZO HERNANDEZ WE-10985T FRANCISCO LOPEZ WE-10952T JOSE RODRIGUEZ WE-11277T RAUL TELLEZ TAPIA WE-11138T FRANCISCO RAMIREZ WE-11259T JOSE ALEJANDRO VALENZUELA WE-11674T RENE ROSALES WE-7941AT FRANCISCO VILLANUEVA WE-10965T JOSE A. ALVAREZ WE-10908T ROBERT EDWARD KNIGHT WE-11564T FRANCISCO F. WENCESLAO BARAJAS WE-10969T JOSE ALFREDO GONZALEZ WE-6475AT ROMUALDO GAETA LUNA WE-11165T FRED LOPEZ-PASTOR WE-13988T JOSE LUIS DELREAL WE-11231AT SALOMON SILVA WE-11053T Client Name / RFP Name
15 Setting the Gold Standard

UNDERSTANDING/APPROACH
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Robert Thompson
ISA Certification #: WE-0915AU
TCIA CTSP #755
ISA Tree Risk Assessment Qualified
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency’s specifications.

Client Name / RFP Name
16 Setting the Gold Standard
Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affects our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business License as necessary, and any “no-fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency.

Right-of-Way
All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations.

Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority.

Scheduling of Work
The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience.

Client Name / RFP Name
17 Setting the Gold Standard
Workflow Timelines
GRID PRUNING FLOWCHART (Within 30-day Completion)
REMOVAL FLOWCHART (Within 15-day Completion)
PLANTING FLOWCHART (Within 15-day Completion)
EMERGENCY FLOWCHART (Within 1-3 hour Response / 24-hour Completion)

PLANT HEALTH CARE FLOWCHART
Client Name / RFP Name
18 Setting the Gold Standard
Emergency Contacts Sample Planting Door Hanger
In case of emergency AFTER
normal business hours:
866.546.2369
Leave a message, if you do not
receive a call back within 10 minutes,
call the following contacts in order:

Alfredo Lopez, Foreman
714.231.0105
Nestor Valencia, Supervisor
714.396.5852
Rob Thompson, Area Manager
714.240.1645
AFTER confirmation from on-call
Manager, you can email multiple
locations to:

[email protected]
Normal Business Hours
714.991-1900
Client Name / RFP Name
19 Setting the Gold Standard
Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments.

Every month, a summary of the feedback is then reviewed by the management team.

Customer Service Department
As we work with, or near, the public,
we are mindful that we will most likely
be the first person the public contacts.

We have a full-time Customer Service
Department with each Customer
Service Representative (CSR) trained
in addressing concerned residents
and bystanders.

Complaints & Damage
Resolution
Should there be any property
damage, we adhere to specific
procedures to resolve the problem.

The Foreman on the job site will notify
the resident and the Inspector immediately.

If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private property including plans for corrective measures to take place within 48 hours.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair.

We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance.

Client Name / RFP Name
20 Setting the Gold Standard
Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal-OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state-of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for outstanding safety training efforts.

We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all tree-related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full-circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE-12014A • ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services).

Our line of work demands
that all work is performed
in a manner that provides
the maximum safety to the
general public as well as
our employees.

Client Name / RFP Name
21 Setting the Gold Standard
Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training.

Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

Our Training and Safety team members are tasked with
completing field evaluations of crews and members are onsite to coach and train employees on safe practices.

Employees receive performance evaluations at 90 days, 6 months, then annually (or as-needed) after their first year. All employees are provided copies of WCA’s Injury & Illness Prevention Program.

WCA is dedicated to
health and safety for
trees, employees, and
the community.

Client Name / RFP Name
22 Setting the Gold Standard
Technology and Information
ArborAccess
Our tree management program sets us apart from
other companies. With nearly 2,000 active users,
ArborAccess and our mobile app will help you easily
manage your urban forest with ease and
convenience. Tree site attributes include location
(utilizing GPS coordinates), species type, and
parkway size. Features allow you to view and edit
work history records and create work orders directly
from the field, all from our secure cloud.

The information contained in ArborAccess is live
data that can also be linked directly to a GIS
program, such as ArcView, for geo-coding purposes
and can assist your Agency in meeting GASB34
requirements. ArborAccess provides an unlimited
resource of information regarding your urban forest.

Software Training
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience.

We offer periodic tree maintenance and management workshops each year.

These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.

Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture.

The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection.

List Tracking System
The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered.

ArborAccess Features
Ease of use
Create work orders
View tree site details
View work history
View invoices
Mobile app
Live data
GIS/GPS mapping
Client Name / RFP Name
23 Setting the Gold Standard
Billing
WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job.

Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess.

Maintenance Records
Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed.

Sample Management Tools:

Detailed Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess’
built-in quality control features assist
in data accuracy. As maintenance
is performed, the work history is
updated and accompanied with
bi-weekly invoices. This process
eliminates the need for dualinputting and helps keep the tree inventory current and accurate.

Client Name / RFP Name
24 Setting the Gold Standard
Sample: Species Frequency Report
The Species Frequency report can assist your
Agency in identifying the tree population within
the urban forest. This type of information is
valuable in the event of an insect infestation,
deadly disease, or even estimating future
maintenance costs. In addition, an analysis can
be performed to evaluate the history of the
performance of a particular species within your
Agency.

Detailed Reporting Options
Inventory Work History District Frequency
View Invoices Work Type by District Species Frequency (sample above) Job Balances DBH Frequency All Tees at an Address
Green Waste Height Frequency Estimated Tree Value
WCA helps agencies
understand and
manage their canopy
by sharing inventories,
insight, and data.
25 Setting the Gold Standard
Equipment List
Our modern fleet undergoes daily inspection prior to
use to ensure efficiency and safety. All equipment is
routinely serviced, painted, and detailed. All
equipment used during the duration of this project
will meet state and federal safety requirements and
have all up-to-date certifications, as required.

CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our vehicles operate safely.

Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS
units on all vehicles and equipment. This investment
has given us and our customers the following benefits:
• Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel
economy and saving on unnecessary fuel
expenditures
• Reduce emissions by helping drivers improve their
habits such as speed and idle time, and reducing
total miles driven which will significantly reduce
harmful greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so
that we can service more customers, faster
• Recover stolen vehicles reducing liability costs
which can be passed on to customers
26 Setting the Gold Standard
Equipment Listing
Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. In addition to aerial lift devices, dump trucks, flatbed trucks and roll off containers, we will also have additional equipment for use throughout the project such as cranes, loaders, and special aerial lift devices for higher elevated trees. Specific vehicles and equipment that are available to the City of Seal Beach are listed below with additional equipment listed in inventory available as-needed:

Type Year/Make Model
License
Plate VIN
Aerial Tower 2017 Ford F750W/TEREX XTPRO 60-70 79166F2 1FDPF7AY5HDB07054 Aerial Tower 2001 GMC C6500 W/HI-RANGER 5FC606N44915 1GDJ7H1E61J505198 Aerial Tower 2000 GMC C6500 W/HI-RANGER 5FB5561323M2 1GDJ7H1D3YJ519688 Aerial Tower 2008 GMC C6500 W/HI-RANGER 5FC608R79558 1GDL7C1G68F411252 Aerial Tower 2015 FORD F650 W/HI-RANGER 5FB-55 42050B2 1FDNF6AY7GDA03035 Aerial Tower 2016 DODGE RAM 5500 HI-RANGER LT40 84791A2 3C7WRMAJ4GG227411 Aerial Tower 2019 FORD F550 / TEREX LT 40 12155S2 1FDUF5GY9KDA04855 Aerial Tower 2009 GMC C7500 W/HI-RANGER 5FC608R95452 1GDJ7C1G19F408770 Aerial Tower (95') 2018 FORD F750 W/HIRANGER 1090i 99012S2 1GDJ7H1E31J505109 Aerial Tower (95') 2019 FORD F750 W/1090i BOOM 02411S2 1FDPF7AY3KDF02809 Arrowboard 2017 WANCO SOLAR ARROW BOARD SE620486 5F11S1018H1004606 Arrowboard 2015 WANCO T07504 ARROW BOARD SE705573 5F1151018F1001282 Arrowboard 1999 STARLITE SOLAR ARROWBOARD SE480161 1S9A4109XL358639 Arrowboard 1998 STARLITE SOLAR ARROWBOARD SE658179 1S9A41016WL358001 Chipper 2021 VERMEER BC1500 BRUSH CHIPPER SE721056 1VR2181V7M1012063 Chipper 2016 VERMEER BC1500 BRUSH CHIPPER SE649749 1VR2181V5H1008406 Chipper 2015 VERMEER BC1500 BRUSH CHIPPER SE683418 1VR2161V0F1006659 Chipper 2020 VERMEER BC1500 BRUSH CHIPPER SE715789 1VR2181V1L1009996 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER N/A 1VR2181V1J1009025 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER SE705204 1VR2181V7K1009418 Chipper 2014 VERMEER BC1000-49 SE705590 1VRY11198E1021070 Crane 2014

FREIGHTLINER
108-SD/BT5092 CRANE 09178N1 1FVHG5CY2EHFL3738
Dump Truck 2017 FORD F550 CHIPPER TRUCK 12726H2 1FDUF5HY1HED72044 Dump Truck 2017 FORD F650 CHIPPER TRUCK 8.59E+06 1FDNF6AY2HDB05179 Dump Truck 2013 FORD F350 98153J1 1FDRF3G62CED05276
Dump Truck 2002 GMC C6500 CHIPPER TRUCK 12481D1 1GDJ7H1E92J900851 Dump Truck 2001 GMC C6500 CHIPPER TRUCK 6N44910 1GDJ7H1E01J505150 Dump Truck 2001 GMC C6500 CHIPPER TRUCK 6P24974 1GDJ7H1E51J512949 Dump Truck 2007 GMC C7500 CHIPPER TRUCK 41598u2 1GDJ7C1G58F406468 Dump Truck 2008 GMC C6500 CHIPPER TRUCK 8L59284 1GDJ7C1G68F403143 27 Setting the Gold Standard
Flatbed 2018 FORD F650 FLATBED 26658L2 1FDNF6AYXJDF02578 Loader 2018

CATERPILLAR
908M WHEEL LOADER SE705490 CAT908MHH8803829
Loader 2018

CATERPILLAR
908M WHEEL LOADER SE691327 CAT0908MVH8803454
Loader 1994

CATERPILLAR
910E WHEEL LOADER SE691194 1YK00121
Pickup 2018 DODGE RAM 2500 PICKUP 83946P2 3C6LR4AT6JG376953 Pickup 2018 DODGE RAM 1500SLT 12465K2 3C6JR6ET8JG137711 Pickup 2020 DODGE RAM 1500 PICKUP 15863Z2 3C6JR6DTXLG179141 Pickup 2016 DODGE RAM 1500 PICKUP 82373Z1 3C6JR6DT6GG239163 Pickup 2017 DODGE RAM 2500 PICKUP 77955R1 3C6LR4AT9HG514026 Pickup 2010 DODGE RAM 1500SLT 8Y41735 3D7JB1EP4AG133101 Pickup 2015 DODGE RAM 1500 PICKUP 53302V1 3C6JR6DT4FG647191 Pickup 2016 DODGE RAM 1500 PICKUP 24330J1 3C6JR6DT2GG326249 Pickup 2012 DODGE RAM 1500 SLT 09884G1 3C6JD6EP0CG167676 Pickup 2017 TOYOTA TACOMA SR5 4061500 3TMBZ5DNXHM007919 Pickup 2014 DODGE RAM 1500 10425S1 3C6JR6DT6EG260947
Roll Off Truck 2013

FREIGHTLINER
108 SD ROLL OFF 35292G1 1FVHG5BS4DHBZ9983
Roll Off Truck 2015

FREIGHTLINER
108-SD ROLL OFF 59463P1 3ALHG5CY8FDGA5075
Stakebed Truck 1999 FORD F450 STAKEBED 5Y07176 1FDAF56S2XEB20867 Stump Grinder 2015 VERMEER SC802 STUMP CUTTER SE645863 1VR2151J2G1002055 Stump Grinder 2018 VERMEER SC802 STUMP CUTTER SE703981 1VR2151J7K1003128 28 Setting the Gold Standard

IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,600 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over 50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City’s needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint.

Through our ability to
dedicate specific
pieces of equipment for
this project, we believe
it will lead to a
successful program.
29 Setting the Gold Standard
Scope of Services
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.

Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.

Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
30 Setting the Gold Standard
Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.

Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.

Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.

Tree Watering
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita and Santa Monica as part of their regular tree maintenance services.

Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.
31 Setting the Gold Standard
Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.

WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.

Plant Health Care
Tim Crothers, Plant Health Care Manager
ISA Board Certified Master Arborist WE-7655 BUM
DPR Qualified Pest Control Applicator #145321, QAL Category B & D Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest
32 Setting the Gold Standard

REFERENCES
West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community.

These contracts cover a range of services from providing emergency response to maintaining the Agency’s entire urban forest.

CITY OF NORWALK SINCE 1997
WCA performs various tree maintenance services for the City. The City is currently on a 3 year maintenance cycle which includes major arterials, residential areas, parks, and facilities.

WCA maintains all tree maintenance records in ArborAccess.

Contact: Joe Garcia, Maintenance Supervisor
12700 Norwalk Blvd., Norwalk, CA 90650 ~ (562) 929-5511 ~ [email protected] ANNUAL BUDGET: $430,000
CITY OF WHITTIER SINCE 2005
WCA performs various tree maintenance services for the City and maintains the work records for 22,623 city-owned tree sites including parkway, parks, facilities. The City of Whittier is currently on a 5 year grid trim maintenance cycle. Emergency response is also provided.

Contact: Wayne McBurney, Tree Maintenance Supervisor
13230 Penn St., Whittier, CA 90602 ~ (562) 567-9400 ~ [email protected] ANNUAL BUDGET: $1,470,000
COUNTY OF LOS ANGELES SINCE 2010
WCA trims nearly 25,000 trees of the county's 500,000 tree population annually. We also perform tree removals and tree planting on an as-needed basis. Part of our work requirements include palm tree inspection and bird nesting inspections as work is performed.

Contact: Nathan Birdwell, Tree Superintendent
38126 N. Sierra Highway, Palmdale, CA 93550 ~ (661) 974-7173 ~ [email protected] ANNUAL BUDGET: $8,000,000
CITY OF LAKEWOOD SINCE 1994
WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks this includes trimming, removal and planting. The City of Lakewood is a Tree City USA with over 30,000 trees maintained by WCA. Since completing the city’s GPS tree inventory in 2006, WCA has kept complete and up-to-date maintenance records of the city’s trees in ArborAccess.

Contact: Rick Kapella, Tree & Hardscape Supervisor
5050 Clark Ave., Lakewood, CA 90712 ~ (562) 416-5969 ~ [email protected] ANNUAL BUDGET: $1,230,000
CITY OF BELLFLOWER SINCE 2002
WCA performs various tree maintenance services for the City. The City is currently on a 4-year maintenance cycle which includes major arterials, residential areas, parks, and facilities.

WCA maintains all tree maintenance records in ArborAccess. Emergency response is also provided.

Contact: Frank Preciado , Public Works Supervisor
9944 Flora Vista Street, Bellflower, CA 90706 ~ (562) 804-1424 ~ [email protected] ANNUAL BUDGET: $265,000
33 Setting the Gold Standard
EXPERIENCE: CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA

CITY OF AGOURA HILLS

CITY OF ALAMEDA

CITY OF ALHAMBRA

CITY OF ANAHEIM

CITY OF ARCADIA

CITY OF ARTESIA

CITY OF AZUSA

CITY OF BALDWIN PARK

CITY OF BEAUMONT

CITY OF BELL

CITY OF BELL GARDENS

CITY OF BELLFLOWER

CITY OF BERKELEY

CITY OF BEVERLY HILLS

CITY OF BRADBURY

CITY OF BRAWLEY

CITY OF BREA

CITY OF BUENA PARK

CITY OF BURLINGAME

CITY OF CAMARILLO

CITY OF CARLSBAD

CITY OF CARMEL-BY-THE-SEA

CITY OF CARPINTERIA

CITY OF CARSON

CITY OF CERES

CITY OF CHINO

CITY OF CHINO HILLS

CITY OF CHOWCHILLA

CITY OF CHULA VISTA

CITY OF CITRUS HEIGHTS

CITY OF CLAREMONT

CITY OF COACHELLA

CITY OF COLTON

CITY OF COMMERCE

CITY OF CONCORD

CITY OF CORONA

CITY OF CORONADO

CITY OF COSTA MESA

CITY OF COVINA

CITY OF CUDAHY

CITY OF CULVER CITY

CITY OF CUPERTINO

CITY OF DANA POINT

CITY OF DAVIS

CITY OF DEL MAR

CITY OF DIAMOND BAR

CITY OF DUARTE

CITY OF EL CAJON

CITY OF EL CENTRO

CITY OF EL SEGUNDO

CITY OF ENCINITAS

CITY OF ESCONDIDO

CITY OF FILLMORE

CITY OF FOLSOM

CITY OF FONTANA

CITY OF FREMONT

CITY OF FRESNO

CITY OF FULLERTON

CITY OF GARDEN GROVE

CITY OF GILROY

CITY OF GLENDALE

CITY OF GLENDORA

CITY OF GOLETA

CITY OF GRAND TERRACE

CITY OF HALF MOON BAY

CITY OF HAWAIIAN GARDENS

CITY OF HIGHLAND

CITY OF HOLLISTER

CITY OF HUNTINGTON BEACH

CITY OF IMPERIAL BEACH

CITY OF INDIO

CITY OF INDUSTRY

CITY OF INGLEWOOD

CITY OF IRWINDALE

CITY OF JURUPA VALLEY

CITY OF LA CANADA

CITY OF LA HABRA

CITY OF LA MESA

CITY OF LA MIRADA

CITY OF LA PALMA

CITY OF LA PUENTE

CITY OF LA VERNE

CITY OF LAGUNA BEACH

CITY OF LAGUNA HILLS

CITY OF LAKE ELSINORE

CITY OF LAKE FOREST

CITY OF LAKEWOOD

CITY OF LATHROP

CITY OF LEMON GROVE

CITY OF LINCOLN

CITY OF LIVERMORE

CITY OF LODI

CITY OF LOMA LINDA

CITY OF LOMPOC

CITY OF LONG BEACH

CITY OF LOS ALAMITOS

CITY OF LOS ALTOS

CITY OF LOS ANGELES

CITY OF MADERA

CITY OF MANHATTAN BEACH

CITY OF MENIFEE

CITY OF MENLO PARK

CITY OF MILPITAS

CITY OF MISSION VIEJO

CITY OF MONROVIA

CITY OF MONTCLAIR

CITY OF MONTEBELLO

CITY OF MONTEREY

CITY OF MONTEREY PARK

CITY OF MOORPARK

CITY OF MORENO VALLEY

CITY OF MORGAN HILL

CITY OF MOUNTAIN VIEW

CITY OF MURRIETA

CITY OF NATIONAL CITY

CITY OF NEWARK

CITY OF NEWPORT BEACH

CITY OF NORCO

CITY OF NORWALK

CITY OF OAKLEY

CITY OF OCEANSIDE

CITY OF ONTARIO

CITY OF ORANGE

CITY OF OXNARD

CITY OF PALM DESERT

CITY OF PALM SPRINGS

CITY OF PALO ALTO

CITY OF PARAMOUNT

CITY OF PERRIS

CITY OF PICO RIVERA

CITY OF PLACENTIA

CITY OF PLEASANTON

CITY OF POMONA

CITY OF POWAY

CITY OF RANCHO CORDOVA

CITY OF RANCHO

CUCAMONGA

CITY OF RPV

CITY OF REDLANDS

CITY OF REDONDO BEACH

CITY OF RIALTO

CITY OF RIVERSIDE

CITY OF ROSEMEAD

CITY OF ROSEVILLE

CITY OF SACRAMENTO

CITY OF SAN BERNARDINO

CITY OF SAN BRUNO

CITY OF SAN CARLOS

CITY OF SAN CLEMENTE

CITY OF SAN DIEGO

CITY OF SAN DIMAS

CITY OF SAN FERNANDO

CITY OF SAN JACINTO

CITY OF SAN JUAN CAP

CITY OF SAN LEANDRO

CITY OF SAN MARCOS

CITY OF SAN RAMON

CITY OF SANTA ANA

CITY OF SANTA BARBARA

CITY OF SANTA CLARA

CITY OF SANTA CLARITA

CITY OF SANTA FE SPRINGS

CITY OF SANTA MARIA

CITY OF SANTEE

CITY OF SIERRA MADRE

CITY OF SIGNAL HILL

CITY OF SOLANA BEACH

CITY OF SOUTH PASADENA

CITY OF SOUTH SF

CITY OF STOCKTON

CITY OF SUNNYVALE

CITY OF TEMPLE CITY

CITY OF THOUSAND OAKS

CITY OF TORRANCE

CITY OF TRACY

CITY OF TULARE

CITY OF TUSTIN

CITY OF UPLAND

CITY OF VENTURA

CITY OF VERNON

CITY OF VICTORVILLE

CITY OF VISALIA

CITY OF VISTA

CITY OF WALNUT

CITY OF WALNUT CREEK

CITY OF WEST COVINA

CITY OF WEST HOLLYWOOD

CITY OF WEST SACRAMENTO

CITY OF WHITTIER

CITY OF WOODLAND

CITY OF YORBA LINDA

COUNTY OF ALAMEDA

COUNTY OF COLUSA

COUNTY OF CONTRA COSTA

COUNTY OF EL DORADO

COUNTY OF FRESNO

COUNTY OF LOS ANGELES

COUNTY OF MONTEREY

COUNTY OF NAPA

COUNTY OF ORANGE

COUNTY OF PLACER

COUNTY OF RIVERSIDE

COUNTY OF SAN BERNARDINO

COUNTY OF SAN DIEGO

COUNTY OF SAN JOAQUIN

COUNTY OF SAN MATEO

COUNTY OF TULARE

COUNTY OF VENTURA

COUNTY OF YOLO

MOUNTAIN HOUSE CSD

ROSSMOORE CSD

TOWN OF ATHERTON
34 Setting the Gold Standard

FIRM EXPERIENCE
Listed below are current contracts valued over $2,000,000 annually.

Customer Duration Annual Contract Amount
County of Los Angeles Since 2015 $14,800,000
City & County of San Francisco Since 2017 $6,200,000
City of Riverside Since 2018 $4,400,000
City of Long Beach Since 2016 $3,400,000
City of Fresno Since 2001 $3,400,000
Riverside Public Utilities Since 1997 $3,400,000
City of Anaheim/Anaheim Utilities Since 2007 $3,300,000 City of Corona Since 2010 $3,000,000
City of Industry Since 2020 $3,000,000
County of Orange - Parks Since 2014 $3,000,000
City of Sacramento - Parks Since 2016 $2,800,000
City of San Diego Since 2015 $2,700,000
City of Ontario Since 1998 $2,700,000
City of Sacramento Since 2015 $2,500,000
City of Glendale Since 2015 $2,500,000
Glendale Water & Power Since 2015 $2,500,000
City of Santa Clarita Since 2008 $2,400,000
City of Beverly Hills Since 2000 $2,300,000
City of Fullerton Since1998 $2,300,000
City of Santa Ana Since 2015 $2,000,000
20 Prevailing wages are required on this contract.

City of Seal Beach

FEE & COST PROPOSAL

CITY-WIDE TREE MAINTENANCE SERVICES
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE
ITEM
COST
Trimming of Various Species of Trees

1. Tree trim DBH 1” to 6” EA 300 $ $

2. Tree trim DBH 7” to 12” EA 700 $ $

3. Tree trim DBH 13” to 18” EA 600 $ $

4. Tree trim DBH 19” to 24” EA 250 $ $

5. Tree trim DBH 25” to 30” EA 20 $ $

6. Tree trim DBH 31” to 36” EA 30 $ $
Trimming of Queen Palms

7. 1” to 6” DBH EA 10 $ $

8. 7” to 12” DBH EA 200 $ $

9. 13” to 18” DBH EA 450 $ $
Trimming of Date Palms

10. 19” to 24” DBH EA 20 $ $

11. 25” to 30” DBH EA 50 $ $

12. 31” to 36” DBH EA 20 $ $
21 Trimming of Mexican Fan Palms

13. 1” to 6” DBH EA 10 $ $

14. 7” to 12” DBH EA 100 $ $

15. 13” to 18” DBH EA 600 $ $

16. 19” to 24” DBH EA 20 $ $
Tree and Stump Removals

17. Tree and Stump Removal
DBH 1” to 6” EA 10 $ $

18. Tree and Stump Removal
DBH 7” to 12” EA 10 $ $

19. Tree and Stump Removal
DBH 13” to 18” EA 10 $ $

20. Tree and Stump Removal
DBH 19” to 24” EA 10 $ $

21. Tree and Stump Removal
DBH 25” to 30” EA 10 $ $
*DBH – Diameter at Breast Height
Total Bid Amount: $
TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):
$ ________________________________________
Total Bid Price in Numbers
________________________________________________________________________ Total Bid Price in Written Form
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. 22 Emergency Work Hourly Rates
Classification Hourly Rates Per Crewmember Standard Crew Rental 24-hour emergency
call-out response,
two (2) hour
minimum, 30-
minute response –
complete with all
necessary
equipment and
personnel.
$

$
38 Setting the Gold Standard

EXCEPTIONS
West Coast Arborists, Inc. has no exceptions to RFP City-Wide Tree Maintenance Services and/or the City’s Standard Agreement for the City of Seal Beach. We are committed to providing exceptional service, expertise, and value to our clients and look forward to the opportunity to serve your tree maintenance needs.

By choosing our services, you can trust that our professional team will conduct a comprehensive inspection and provide detailed documentation to assist the City of Seal Beach in maintaining safe and visually appealing surroundings for its residents and commuters. Our approach is designed to be efficient, cost-effective, and tailored to meet the specific needs of our clients. Our experienced staff and advanced software enable us to provide superior tree care operations and effectively manage California's urban forests.
39 Setting the Gold Standard

BUSINESS ENTITY
West Coast Arborists, Inc., is a California corporation.

41 Setting the Gold Standard

INSURANCE
2FWREHU
$GGHQGXP1R
&,7<:,'(75((
0$,17(1$1&(6(59,&(6
$WWHQWLRQDOO,QWHUHVWHG3DUWLHV

7KH IROORZLQJ DUH TXHVWLRQV UHFHLYHG ZLWK DVVRFLDWHG DQVZHUV IRU ELGGLQJ FODULILFDWLRQDQGDUHKHUHE\PDGHSDUWRIWKHVXEMHFWFRQWUDFWGRFXPHQWV
4XHVWLRQ

8QGHU4XDOLILFDWLRQVWKHVXFFHVVIXOELGGHUDQGDQ\VXEFRQWUDFWRU V
PXVW
SRVVHVVDFXUUHQWDQGYDOLG&DOLIRUQLDFRQWUDFWRU¶VOLFHQVH V
LQWKH

FODVVLILFDWLRQ
V
UHTXLUHGE\ODZWRSHUIRUPWKHZRUN
/LFHQVHV &
/DQGVFDSLQJ
DQGRU&/LPLWHG6SHFLDOW\'
7UHH6HUYLFH&RQWUDFWRU

DQG&&RQVWUXFWLRQ=RQH7UDIILF&RQWURO+RZHYHUXQGHU,QIRUPDWLRQWR 6XEPLWWHGWKH&LW\RQO\UHTXLUHVWKHELGGHUWRVXEPLWFRSLHVRIFXUUHQWDQG YDOLG&DOLIRUQLDFRQWUDFWRU¶VOLFHQVH
V
LQWKHFODVVLILFDWLRQ
V
&DQGRU&
'
&RQWUDFWRU/LFHQVH6KRXOGQ¶WDFRS\RIDYDOLG&OLFHQVHEH VXEPLWWHGDVZHOO"
$QVZHU

x 7KH&LW\ZLOOEHUHTXLULQJD&OLFHQVHLQWKHFXUUHQW5)33OHDVHVXEPLWD FRS\RIDFXUUHQWDQGYDOLG&&RQWUDFWRU/LFHQVH
4XHVWLRQ

7KH &LW\ UHTXLUHV WUHH WULPPHUV WR EH &HUWLILHG 7UHH :RUNHUV 6SHFLILFDOO\ HDFKFUHZPXVWKDYHRQHFHUWLILHGDUERULVWDQGDOOWULPPHUVPXVWEHFHUWLILHG WUHHZRUNHUV:LOOWKH&LW\DOORZWULPPHUVWREH7UHH7ULPPHU7UDLQHHVDQGRU ³WKRVHH[SHULHQFHGDQGVNLOOHGLQSUXQLQJWHFKQLTXHV"´ $QVZHU

x <HV
Public Works
Department of
4XHVWLRQ

7KH &LW\ UHTXLUHV D WUDIILF FRQWURO SODQ IRU DOO DUWHULDO VWUHHWV OLVWHG WR EH VXEPLWWHG WR 3XEOLF :RUNV VWDII ZLWKLQ ILYH

GD\V SULRU WR ZRUN RQ DQ\
DUWHULDOVWUHHW+RZZLOOWKLVEHFKDUJHG"
$QVZHU

x &LW\ H[SHFWV WKH FRQWUDFWRU WR XWLOL]H WKH :$7&+ PDQXDO DQG SURYLGH WUDIILFFRQWURODVQHHGHG7KLVUHTXLUHPHQWLVLQFOXGHGLQWKHRYHUDOOFRQWUDFW DQGZRXOGQRWEHVHHQDVDQH[WUDFRVWE\WKH&LW\
4XHVWLRQ

7KH 5)3 VWDWHV WKDW WKH FRVW IRU WUHH LQYHQWRU\ PDQDJHPHQW ZRUN VKDOO EH LQFOXGHG LQ WKH XQLW ELG SULFLQJ SURYLGHG IRU WUHH VHUYLFHV DQG QR DGGLWLRQDO FRPSHQVDWLRQZLOOEHDOORZHG+RZZLOOQHZWUHHVEHFKDUJHGLIWKH\QHHGWR EHDGGHGWRWKHLQYHQWRU\DIWHUWKHILUVW\HDURIWKHFRQWUDFW" $QVZHU

x 3OHDVHLQFOXGHLQYHQWRU\XSGDWHVLQWKHXQLWELGSULFLQJ7KH&LW\ZLOOXSGDWH WKH LQYHQWRU\ OLVW LQKRXVH XWLOL]LQJ WKH FRQWUDFWRU¶V VRIWZDUH ZKHQ ZRUN LV SHUIRUPHG E\ WKH &LW\ 7KH FRQWUDFWRU ZLOO EH UHVSRQVLEOH IRU XSGDWLQJ WKH LQYHQWRU\ZKHQZRUNLVSHUIRUPHGE\WKHFRQWUDFWRU
4XHVWLRQ
+RZIUHTXHQWDUHWKHSDOPWUHHVWULPPHG"
$QVZHU

x $QQXDOO\
4XHVWLRQ

:LOOWKH&LW\UHTXLUHVNLQQLQJRISDOPVDWWKHWLPHRISUXQLQJ",IVRKRZLVWKLV FKDUJHG"
$QVZHU

x 1RDQGLIWKHFLW\UHTXLUHVVNLQQLQJLWZLOOEHDWDQH[WUDFRVWWRWKH&LW\ 4XHVWLRQ

,I VSHFLDO HTXLSPHQW LV UHTXLUHG VXFK DV D FUDQH RU ORDGHU KRZ ZLOOWKLV EH FKDUJHG"
$QVZHU

x 7KLV ZLOO LQFOXGHG ZLWK WKH XQLW ELG SULFLQJ XQOHVV WKH &LW\ LV KDYLQJ WKH FRQWUDFWRUXVHFUHZUHQWDOUDWHVIRUQRQJULGSUXQLQJ 4XHVWLRQ

:KLFKILUPKDGWKHPRVWSUHYLRXVFRQWUDFWIRUWUHHPDLQWHQDQFH" $QVZHU

x %ULJKW9LHZ7UHH6HUYLFHV,QFDZDUGHGLQ-DQXDU\
4XHVWLRQ

&DQWKHELGGHUVREWDLQFRS\RIWKHPRVWSUHYLRXV$JUHHPHQWLQFOXGLQJSULFH VFKHGXOH"
$QVZHU

<HVWKURXJKD3XEOLF5HFRUGV5HTXHVW
35$

4XHVWLRQ

'RHVWKH&LW\SHUIRUP*ULG3UXQLQJRU3UXQLQJE\6SHFLHV" $QVZHU

x *ULGSUXQLQJ
4XHVWLRQ

,VSDUNWUHHPDLQWHQDQFHLQFOXGHGXQGHUWKLV5)3"
$QVZHU

x <HVDOO&LW\WUHHVORFDWHGZLWKLQWKH&LW\
4XHVWLRQ

$UHELGGHUVDOORZHGWRLQFOXGHSULFLQJIRUDGGLWLRQDOVHUYLFHVWKDWDUHQRWOLVWHG LQWKH5)3"
$QVZHU

x 2QO\ VXEPLW ZKDW¶V DVNHG IRU LQ WKH 5)3 7KHUH LV DQ DUHD IRU HPHUJHQF\ ZRUNKRXUUDWHVDQGVWDQGDUGFUHZUHQWDOUDWHVDORQJZLWKWUHHUHPRYDODQG VWXPS JULQGLQJ$OO RWKHU SULFHV VXFK DV SXUFKDVLQJWUHHV SODQWLQJ HWF FDQ EHZRUNHGRXWEHWZHHQWKHFRQWUDFWRUDQGWKH&LW\DWWKDWWLPHRIUHTXHVW 4XHVWLRQ

,VWKH&LW\RQD&DOHQGDURU)LVFDO<HDU"
$QVZHU

x )LVFDO\HDU
4XHVWLRQ

:KDWLVWKHHVWLPDWHGDQQXDOEXGJHWIRUWKLVFRQWUDFW" $QVZHU

x 1RWDSSOLFDEOH
4XHVWLRQ

+RZPXFKZDVVSHQWLQ)LVFDO<HDU"
$QVZHU

x 3OHDVHVXEPLWD3XEOLF5HFRUGV5HTXHVW
35$
IRUWKLVLQIRUPDWLRQ
4XHVWLRQ

'RHV WKH &LW\ KDYH DQ\LQKRXVHFUHZV WKDW SHUIRUP WUHHPDLQWHQDQFH" ,IVRFDQ\RXSOHDVHH[SDQGRQWKHW\SHRIZRUNWKH\SHUIRUP" $QVZHU

x <HV RQ PLQRU RFFDVLRQV FUHZV ZLOO SHUIRUP UHPRYDOVVWXPS JULQGV DQG SUXQLQJ
4XHVWLRQ

+RZPDQ\WUHHVDUHLQWKHFLW\"
$QVZHU

x $SSUR[LPDWHO\
4XHVWLRQ

+RZPDQ\\HDUVLV\RXUJHQHUDOSUXQLQJF\FOH"
$QVZHU

x \HDUV
4XHVWLRQD

$UHWKHUHDQ\VSHFLILFVSHFLHVRUDUHDVWKDWDUHSUXQHGPRUHIUHTXHQWO\" $QVZHUD

x <HV SDOPV DQG FRUDO WUHHV DUH WULPPHG DQQXDOO\ )LFXV WUHHV DUH WULPPHG ELDQQXDOO\
4XHVWLRQ

'R\RXWULPWUHHVWKURXJKRXWWKH\HDURULQVSHFLILFVHDVRQV" $QVZHU

x &LW\JULGSUXQHVIURP-XO\XQWLOWKHZRUNLVFRPSOHWHG 4XHVWLRQ
D

,IVRDUHZHDOORZHGWRGULYHDUHDOOLIWVRQWKHWXUI" $QVZHU
D

x <HVDHULDOOLIWVZLOOEHDOORZHGRQWXUIDVVXPLQJWKHUHLVDVSRWWHUWRSUHYHQW GDPDJHWR&LW\ SURSHUW\7KH FRQWUDFWRU LV UHVSRQVLEOHIRU DQ\GDPDJHWKDW PD\RFFXUWRWKHSURSHUW\$OVRWKHFRQWUDFWRULVUHTXLUHGWRXVHZRRGSDGV RURWKHUSODWIRUPVRQWKHRXWULJJHUV
4XHVWLRQ
E

$UHWKHUHDQ\&LW\RZQHGIDFLOLWLHVRUSURSHUWLHVWKDWDUHQRWLQFOXGHGDVSDUW RIWKLVFRQWUDFW"
$QVZHU
E

x <HV*XP*URYH3DUN
4XHVWLRQ

:KDWLVWKHFXUUHQWLQYHQWRU\\RXDUHXVLQJ"
$QVZHU

x 1RWDSSOLFDEOH
4XHVWLRQ

:KHQZDVWKHLQYHQWRU\ODVWXSGDWHG"
$QVZHU

x

4XHVWLRQ

:LOO WKH DZDUGHG &RQWUDFWRUEH SURYLGHG ZLWK D ³6KDSH )LOH´ RI WKH *36 ,QYHQWRU\IRUXSORDG"
$QVZHU

x 1RWKHDZDUGHGFRQWUDFWRUZLOOEHUHTXLUHGWRLQYHQWRU\WKH&LW\ 4XHVWLRQ

,VHTXLSPHQWVWDJLQJDOORZHGLQWKHFLW\"
$QVZHU

x 1RWDWWKLVWLPHEXWDFFRPPRGDWLRQVPD\EHPDGHIRUVKRUWSHULRGVRIWLPH 4XHVWLRQ

3OHDVHFRQILUPWKDWWKHUHDUHQRERQGLQJUHTXLUHPHQWV $QVZHU

x 7KHUHDUHQRERQGLQJUHTXLUHPHQWV
4XHVWLRQ

:KDW DUH VRPH LQVWDQFHV ZKHUH \RX ZRXOG XVH FUHZ UHQWDO LQVWHDG RI XQLW SULFH"
$QVZHU

x ,IWKH&LW\LVUHTXHVWLQJDQRXWRIJULGDUHDWREHWULPPHG 4XHVWLRQ

:LOO SULFLQJ LQFUHDVHV EH DOORZHG DWWKHWLPH RIWKHWZR
SRVVLEOH RQH

\HDUH[WHQVLRQV"
$QVZHU

x 1R
4XHVWLRQ

³,Q FDVHV ZKHUH LW LV GHWHUPLQHG WKDW WKH WUHHV VFKHGXOHG IRU UHPRYDO KDYH GLHGGXHWRWKH(XFDO\SWXV/RQJKRUQ%RUHURUDQ\RWKHU%RUHUWKHZRRGVKDOO EHGLVSRVHGRIE\KDXOLQJWRDQDXWKRUL]HGGLVSRVDOVWDWLRQ³ &DQ\RXSOHDVHSURYLGHDOLVWRIDXWKRUL]HGGXPSVWDWLRQV" $QVZHU

x 7KHFRQWUDFWRUZLOOEHUHVSRQVLEOHIRUILQGLQJDGLVSRVDOVWDWLRQ 4XHVWLRQD

+RZZLOOWKHFRQWUDFWRUEHFRPSHQVDWHGIRUWKHVHVSHFLDOW\GXPSIHHV" $QVZHUD

x 7KH &LW\ ZLOO QRW SURYLGH DGGLWLRQDO FRPSHQVDWLRQ IRU VSHFLDOW\ GXPS IHHV 3OHDVHLQFOXGHWKHVHSRWHQWLDOFRVWVLQWKHXQLWELGSULFLQJ 4XHVWLRQE

+RZ PDQ\ WUHHV GR \RX HVWLPDWH KDYH (XFDO\SWXV /RQJKRUQ %RUHU RU DQ\ RWKHU%RUHU"
$QVZHUE

x 8QNQRZQDWWKLVWLPH
4XHVWLRQ

³,W VKDOO EH WKH MXGJPHQW RI WKH &LW\ WR GHWHUPLQH LI D WUHH KDV GLHG IURP (XFDO\SWXV/RQJKRUQ%RUHUDFWLYLW\´
7KLV VHHPV TXLWHVXEMHFWLYH DQG FUHDWHVH[SRVXUH WR WKH FRQWUDFWRUV FRQVLGHULQJWKH H[WUD FRVWIRU VSHFLDOW\ GXPSIHHV:RXOGWKH &LW\ FRQVLGHU SURYLGLQJDUHPRYDOFDWHJRU\IRU%RUHUUHPRYDOV"
$QVZHU

x 1RWDWWKLVWLPH
4XHVWLRQ

³3D\PHQWIRUFRPSOHWHVWXPSUHPRYDOVKDOOEHLQFOXGHGLQWKHWUHHUHPRYDO RSHUDWLRQ81,735,&(DQGQRDGGLWLRQDOFRPSHQVDWLRQZLOOEHDOORZHGIRU FUHZUHQWDOUDWHVHWF´
:KDWGR\RXFRQVLGHUFRPSOHWHVWXPSUHPRYDO"
$QVZHU

x (QRXJKRIWKHVWXPSWREHDEOHWRSODQWD´ER[WUHHLQLWVSODFH 4XHVWLRQ
D

+RZZLOOFRQWUDFWRUVEHFRPSHQVDWHGIRUH[LVWLQJVWXPSRQO\UHPRYDO"&UHZ 5HQWDO"
$QVZHU
D

x ,QKRXVH FUHZ ZLOO KDQGOH DOO UHPDLQLQJ VWXPSV WKDW ZHUH QRW RULJLQDOO\ UHPRYHGE\WKHFXUUHQWFRQWUDFWRU
4XHVWLRQ

³$WUDIILFFRQWUROSODQIRUDOODUWHULDOVWUHHWVOLVWHGZLOOEHVXEPLWWHGWR3XEOLF :RUNVVWDIIZLWKLQILYH

GD\VSULRUWRZRUNRQDQ\DUWHULDOVWUHHW´
&RQILUPWKDWWKHVHGRQRWQHHGWREHVWDPSHGHQJLQHHUHGSODQV" $QVZHU

x &RUUHFW
4XHVWLRQ

%HFDXVHWKH&RUDOVDQG)LFXVDUHRQDVHSDUDWHSUXQLQJF\FOHIURPWKH JHQHUDOJULGSUXQLQJFDQWKHVHVSHFLHVEHEURNHQRXWLQWRWKHLURZQ FDWHJRULHVRQWKHIHHDQGFRVWSURSRVDOVLPLODUWRKRZ\RXGLGZLWKWKH SDOPV
$QVZHU

x 7KH\FDQEHEURNHQRXWLQWRDVHSDUDWHLQYRLFHEXWWKHFRVWZLOOEHWKH'%+ XQLWSULFHWKDWWKHFRQWUDFWRUELGRQ
4XHVWLRQ

:KDWLVWKH&LW\¶VPRELOHGHYLFHDSSOLFDWLRQ"
$QVZHU

x 7KH&LW\GRHVQRWFXUUHQWO\KDYHDPRELOHDSSOLFDWLRQ 4XHVWLRQ

&RQWUDFWRUVKDOO LQYHQWRU\ DOO WKH &LW\¶V WUHHV RQFH GXULQJ WKH WHUP RI WKLV FRQWUDFWRU WR EH FRPSOHWHG ZLWKLQ WKH ILUVW \HDU RI WKH FRQWUDFW WHUP&RQWUDFWRU ZLOO DOVR XSGDWH WKH LQYHQWRU\ E\ LQFOXGLQJ PDLQWHQDQFH ZRUNQHZSODQWLQJVDQGUHPRYDOKLVWRU\RQDTXDUWHUO\EDVLV&RQWUDFWRUVKDOO SURYLGHWKH&LW\ZLWKDFRS\RIWKHPDVWHUWUHHLQYHQWRU\DVZHOODVXSGDWHG TXDUWHUO\ LQYHQWRU\ XSGDWHV 7KH FRVW IRU WUHH LQYHQWRU\ PDQDJHPHQW ZRUN VKDOO EH LQFOXGHG LQ WKH XQLW ELG SULFLQJ SURYLGHG IRU WUHH VHUYLFHV DQG QR DGGLWLRQDOFRPSHQVDWLRQZLOOEHDOORZHG
+RZZLOOFRQWUDFWRUEHFRPSHQVDWHGIRULQYHQWRU\XSGDWHVRULQYHQWRU\RIQHZ DVVHWVDIWHUWKHILUVW\HDULQYHQWRU\XSGDWHLVFRPSOHWHG" $QVZHU

x 3OHDVHLQFOXGHLQYHQWRU\XSGDWHVLQWKHXQLWELGSULFLQJ 4XHVWLRQ

+RZZLOOWKHFRQWUDFWRUEHFRPSHQVDWHG,IURXWLQHWUHHPDLQWHQDQFHDFWLYLWLHV DUHDIIHFWHG'XULQJ,QFOHPHQW:HDWKHUDQGWKH&LW\UHTXLUHVWKHFRQWUDFWRU¶V ZRUNIRUFHRUDSRUWLRQRIWKHZRUNIRUFHWRUHPDLQLQJLQWKH&LW\"&UHZ5HQWDO" $QVZHU

x (PHUJHQF\FUHZDQGFUHZUHQWDOUDWHV
4XHVWLRQ

7KH)HH &RVW3URSRVDOKDVDOLQHLWHPIRU6WDQGDUG&UHZ5HQWDO $UHZHWRSULFHWKLV³3HU&UHZPHPEHU"
$QVZHU

x 7KLVSULFLQJVKRXOGEHIRUDIRXUPDQVWDQGDUGFUHZZLWKERRPDQGFKLSSHU WUXFNRQHWUHHWULPPHUDQGWKUHHJURXQGPHQ
4XHVWLRQD

,IQRWFDQ\RXSOHDVHVSHFLI\WKHFUHZVL]HDQGHTXLSPHQWUHTXLUHPHQWVIRU WKLVOLQHLWHP"
$QVZHUD

x 6HH$QVZHU
4XHVWLRQ

7KHELGVSHFLILFDWLRQOLVWDUHTXLUHPHQWIRUD&&RQVWUXFWLRQ=RQH7UDIILF &RQWURO/LFHQVH
7KLVLVQRWDVWDQGDUGOLFHQVHUHTXLUHPHQWIRU&LW\7UHH0DLQWHQDQFH FRQWUDFWVDVLWDSSOLHVGLUHFWO\WRFRQVWUXFWLRQZRUNDQGQRWPDLQWHQDQFH ZRUN:LOOWKH&LW\DFFHSW&RQWUDFWRUVWKDWDGKHUHWRDOOVWDQGDUGVDQG JXLGHOLQHVSURYLGHGLQWKHODWHVWHGLWLRQRIWKH:RUN$UHD7UDIILF&RQWURO +DQGERRN
:$7&+
DQG&DOLIRUQLD8QLIRUP7UDIILF&RQWURO'HYLFHV

087&'

$QVZHU

7KH&LW\ZLOOEHUHTXLULQJWKDWWKHFRQWUDFWRUVXEFRQWUDFWRUSRVVHVVD& &RQWUDFWRU/LFHQVHDVLW¶VD&-3,$UHFRPPHQGDWLRQ
(1'2)$''(1'80
%\RUGHURIWKH&LW\RI6HDO%HDFK

&LW\(QJLQHHU 'DWH
$WWDFKPHQWV
1RQH
\ R GH R W H &
LW\ (QJLQHHU

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Contractor acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the D
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
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
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:
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before

12. For every subcontractor who will perform work on the project, Contractor shall be 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 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
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 duties of Contractor under this Section shall survive the termination of the Agreement.

Agenda Item J

AGENDA STAFF REPORT
DATE: January 22, 2024
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing a Professional Services Agreement with Minagar & Associates, Inc. for a Safety
Action Plan
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7478:

1. Approving and awarding a Professional Services Agreement with Minagar & Associates, Inc. in a not-to-exceed amount of $198,144 to prepare a Safety Action Plan; and,

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

3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Safety Action Plan.

BACKGROUND AND ANALYSIS:

The Bipartisan Infrastructure Law (“BIL”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program with $5 billion in appropriated funds over five (5) years. The SS4A program funds regional, local, and tribal initiatives through grants to prevent roadway deaths and serious injuries.

The SS4A program supports the United States Department of Transportation's National Roadway Safety Strategy and their goal of zero (0) roadway deaths.

Additionally, the program supports the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues.

On June 12, 2023, City Council adopted Resolution 7417 accepting $200,000 of grant funding, authorizing City matching funds in the total not-to-exceed amount of $50,000 and authorized an agreement between the United States Department of Transportation (“USDOT”) Federal Highway Administration (“FHWA”) and the City

Page 2 ends

Seal Beach City CouncilJanuary 22, 2024

Seal Beach City Council
January 22, 2024