HomeMy WebLinkAbout2020-09-21 Agenda Packet
AGENDA
City Council/Public Financing Authority
Regular Meeting
Monday, September 21, 2020 at 6:00 PM
MAYOR AND CITY COUNCIL
LYN SEMETA, Mayor
JILL HARDY, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
KIM CARR, Councilmember
BARBARA DELGLEIZE, Councilmember
ERIK PETERSON, Councilmember
MIKE POSEY, Councilmember
Recorded live from the
City Council Chambers
2000 Main Street
Huntington Beach, CA 92648
SPECIAL NOTICE REGARDING COVID-19
STAFF
OLIVER CHI, City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17,
2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via teleconferencing,
and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to
address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Huntington Beach
City Council and/or City staff may participate in this meeting telephonically or electronically.
PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the current
health concerns, members of the public are encouraged to access the meeting live on-line at https://huntingtonbeach.legistar.com, or can
elect to view the meeting via cable television channel HBTV-3.
The Council Chambers will be not open for in-person attendance to provide public comments. In order to ensure adequate social
distancing, the City will not make a physical location available for the public to observe the meeting or offer public comment in person.
To ensure the public’s right to fully participate in providing meaningful public comments at the September 21, 2020, City Council
meeting:
The public may submit a comment via Zoom Webinar. Due to Zoom technical difficulties of muting and unmuting experienced during the
prior Council meeting, we are advising those wishing to speak to use the Zoom application rather than dialing in by phone. Zoom
applications are available for Windows, Mac, iPhone, iPad, and Android devices. Proceed to https://zoom.us/test from the device you
intend to use to ensure it is ready to join the meeting.
At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the webinar by entering via the Zoom
app and entering Webinar ID 971 5413 0528 or click the following link https://huntingtonbeach.zoom.us/j/97154130528 or call (669)
900-6833 and enter Webinar ID 971 5413 0528. Individuals that enter the meeting will be placed in a holding queue as an attendee, and
prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open
for approximately 15 minutes and speakers are encouraged, but not required to identify themselves by name. Each person may have up to 3
minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. The public comment
process as previously described will also be followed for items scheduled for Closed Session and speakers should enter the queue at 5:00
PM to comment on that topic. After a speaker concludes their comment, their call will be disconnected from the holding queue.
Members of the public may submit SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following distribution
of the Council agenda packet): Members of the public wishing to submit written (supplemental) communication on agenda items for distribution
to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org. Supplemental Communications
received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related items, and will be
announced, but not read, and placed into the administrative record during the Supplemental Communications portion of the Meeting. In addition,
any communications sent to city.council@surfcity-hb.org on Council agenda items will be treated as Supplemental Communications and
announced, but not read, during the meeting.
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community
who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City
to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a
reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information.
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AGENDA September 21, 2020City Council/Public Financing
Authority
5:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
ITEMS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) - At
approximately 5:00 PM, individuals wishing to provide a comment on Closed Session items may
join the webinar by entering Webinar ID 971 5413 0528. Individuals that enter the meeting will be
placed in a holding queue and prompted to speak when the Clerk announces your name or the
last three digits of your phone number. The holding queue will remain open for approximately 15
minutes, and speakers are encouraged, but not required to identify themselves by name. Each
caller may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time
allowance if warranted by the volume of calls
RECESS TO CLOSED SESSION
CLOSED SESSION
20-18901.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of
Subdivision (d) of Section 54956.9: Number of cases, two (2).
20-18942.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of
Section 54956.9 (Deciding Whether to Initiate Litigation): Number of
cases, one (1).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
PLEDGE OF ALLEGIANCE
Page 1 of 6
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AGENDA September 21, 2020City Council/Public Financing
Authority
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any
faith or belief. Neither the City nor the City Council endorses any particular religious belief or form
of invocation.
20-16863.Mike Michaud of Dance 4 Joy Ministries and member of the Greater
Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
20-18704.Mayor Semeta to present the Making A Difference Award to Robert
Mayer, Sr.
20-17515.Mayor Semeta to call on Victoria Alberty to present the “Adoptable
Pet of the Month”
20-18446.Mayor Semeta to recognize Hispanic Heritage Month celebrated
nationwide from September 15 to October 15
20-18697.Mayor Semeta to present the Mayor’s HB Excellence Award to:
Community Services Recreation Supervisor, Kristin Martinez
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to
provide a comment on agendized or non-agendized items may join the webinar by entering
Webinar ID 971 5413 0528. Individuals that enter the meeting will be placed in a holding queue and
prompted to speak when the Clerk announces your name or the last three digits of your phone
number. The holding queue will remain open for approximately 15 minutes, and speakers are
encouraged, but not required to identify themselves by name. Each caller may have up to 3
minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by
the volume of calls
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
20-17478.Council Report/Appointment of a Voting Delegate and Alternate to
the League of California Cities Annual Conference and Expo
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AGENDA September 21, 2020City Council/Public Financing
Authority
Appoint Mayor Lyn Semeta to serve as the voting delegate and City Council Member Kim
Carr as alternate, to represent the City of Huntington Beach at the 2020 League of
California Cities Annual Conference & Expo. The General Assembly will be held virtually
on Friday, October 9, 2020 .
Recommended Action:
CITY MANAGER'S REPORT
20-18879.Ascon Landfill Site Update
20-188810.Update of the City COVID-19 Response Plan and Actions for Review
and Discussion
20-188911.Community Services Director Chris Slama to present a recap of
summer 2020 programs, services and events for the department
CITY CLERK'S REPORT
20-187412.City Clerk to announce National Voter Registration Day, Tuesday,
September 22, 2020
CONSENT CALENDAR
20-187113.Adopt Resolution No. 2020-57 amending the Fiscal Year 2020/21
Budget to carry over unspent appropriations from Fiscal Year
2019/20 for the continuation of Capital Improvement Program (CIP)
projects
Adopt Resolution No. 2020-57, “A Resolution of the City Council of the City of Huntington
Beach Amending the Fiscal Year 2020/21 Budget to Carry Over Unspent Appropriations
from Fiscal Year 2019/20,” which incorporates and references the continuation of funding.
Exhibit A lists individual capital improvement projects and their respective carryover
amounts totaling $16,530,872 .
Recommended Action:
20-156714.Adopt Resolution No. 2020-60 amending the City’s Classification
Plan, and approve the modified Classification Titles of Marine Safety
Officer, Marine Safety Captain, and Marine Safety Battalion Chief
Adopt Resolution No. 2020-60, “A Resolution of the City Council of the City of Huntington
Recommended Action:
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AGENDA September 21, 2020City Council/Public Financing
Authority
Beach Amending the City’s Classification Plan and Approve the Modified Classification
Titles of Marine Safety Officer , Marine Safety Captain and Marine Safety Battalion Chief.”
20-183115.Approve and authorize the execution of a License Agreement with
Palermo Investments, LLC, for the 401 Main Street Project
Approve and authorize the Mayor and City Clerk to execute and record the “License
Agreement Between the City of Huntington Beach and Palermo Investments, LLC , to
Provide Installation and Maintenance of Landscaping and Landscaping Improvements in
the Public Right-of-Way” for the 401 Main Street Project.
Recommended Action:
20-183316.Approve an Amendment to the Professional Services Contract with
Dudek for On-Call Construction Management and Engineering
Services
Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to
Agreement between the City of Huntington Beach and Dudek for On-Call Construction
Management and Engineering Services” to increase the contract amount from $1,500,000
to $1,875,000.
Recommended Action:
20-187217.Approve and authorize execution of the Operational Area Agreement
of the County of Orange and Political Subdivisions to comply with
Standardized Emergency Management System regulations
Approve and authorize the Mayor and City Clerk to execute , “Operational Area Agreement
of the County of Orange and Political Subdivisions.”
Recommended Action:
20-187518.Approve the Acquisition and Sale Agreement between the City of
Huntington Beach and the Huntington Beach City School District for
the acquisition of three portable buildings for use at the City’s
Homeless Navigation Center
Authorize the Director of Public Works to execute the “Acquisition and Sale Agreement”
with the Huntington Beach City School District for three portable buildings in a form
approved by the City Attorney.
Recommended Action:
20-188519.Approve and authorize a One-Year Professional Services Contract
Term Extension for as-needed Design/Landscape Architectural
Services with RJM Design Group, Inc., as well as a contract increase
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AGENDA September 21, 2020City Council/Public Financing
Authority
with a not-to-exceed amount of $500,000; and a One-Year Term
Extension with Integrated Consulting Group, Inc. (ICG)
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract Between The City of Huntington Beach and RJM Design
Group, Inc., for As-Needed Professional Design/Landscape Architectural Services” to
increase the contract amount with a not-to-exceed amount of $500,000 and extend the
term to November 20, 2021; and ,
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Professional Services Contract Between The City of Huntington Beach and Integrated
Consulting Group, Inc., for As-Needed Professional Design/Landscape Architectural
Services” to extend the term to November 20, 2021.
Recommended Action:
20-188620.Authorize the release of a Request for Proposals (RFP) and the
formation of an Ad-Hoc Review Committee for the commissioning of
a Public Art Element in Huntington Central Park
A) Authorize the release of a Request for Proposals (RFP) to commission a public art
component of the Central Library Fountain Restoration project currently included in the FY
2020/21 CIP; and,
B) Authorize Mayor Semeta to appoint an ad-hoc Huntington Central Park Public Art
Committee to develop a scope of services for the RFP, review the proposals, and
recommend to the City Council the final art selection and location .
Recommended Action:
20-187321.Adopt Ordinance No. 4211 approving Zoning Map Amendment No.
20-001 to rezone property located at 311 17th Street (Nguyen
Properties)
Approved for introduction September 8, 2020 - Vote: 7-0
Approve Zoning Map Amendment No. 20-001 with findings (Attachment 1) and adopt
Ordinance No. 4211, “An Ordinance of the City of Huntington Beach Amending District
Map 10 (Sectional Map 10-6-11) of the Huntington Beach Zoning and Subdivision
Ordinance to Rezone the Real Properties Located at 311 17th Street (APN # 023-156-13
and APN # 023-156-14) from Commercial General (CG) to Residential Medium High
Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20-001)” (Attachment 2).
Recommended Action:
ADMINISTRATIVE ITEMS
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AGENDA September 21, 2020City Council/Public Financing
Authority
20-188422.Approve the Huntington Central Park West Playground Equipment
Design Concept
Approve the Huntington Central Park West playground equipment design concept as
approved by the Community Services Commission at their September 10, 2020 meeting.
Recommended Action:
20-183723.City Council consideration of directing staff to prepare an Ordinance
regulating Short-Term Rentals (STRs)
Provide staff with direction on one of the following options which would require the City
Council to consider if these proposed regulations apply to the entire City or only
portions of town:
1. Direct staff to prepare an Ordinance regulating STRs with the Low Threshold
Regulations;
2. Direct staff to prepare an Ordinance regulating STRs with the Medium Threshold
Regulations;
3. Direct staff to prepare an Ordinance regulating STRs with the High Threshold
Regulations.
Recommended Action:
COUNCILMEMBER ITEMS
20-188324.Submitted by Councilmember Delgleize - Development of an
Internet Access Pilot Program
I recommend that the City Council direct the City Manager to develop a school internet
access pilot program for economically disadvantaged families in Huntington Beach for
formal City Council consideration.
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, October 5, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
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City of Huntington Beach
File #:20-1890 MEETING DATE:9/21/2020
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to
Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases,
two (2).
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City of Huntington Beach
File #:20-1894 MEETING DATE:9/21/2020
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation
Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate
Litigation): Number of cases, one (1).
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City of Huntington Beach
File #:20-1686 MEETING DATE:9/21/2020
Mike Michaud of Dance 4 Joy Ministries and member of the Greater Huntington Beach
Interfaith Council
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City of Huntington Beach
File #:20-1870 MEETING DATE:9/21/2020
Mayor Semeta to present the Making A Difference Award to Robert Mayer, Sr.
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City of Huntington Beach
File #:20-1751 MEETING DATE:9/21/2020
Mayor Semeta to call on Victoria Alberty to present the “Adoptable Pet of the Month”
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City of Huntington Beach
File #:20-1844 MEETING DATE:9/21/2020
Mayor Semeta to recognize Hispanic Heritage Month celebrated nationwide from September 15 to
October 15
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City of Huntington Beach
File #:20-1869 MEETING DATE:9/21/2020
Mayor Semeta to present the Mayor’s HB Excellence Award to: Community Services
Recreation Supervisor, Kristin Martinez
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City of Huntington Beach
File #:20-1747 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
To: Honorable City Council Members
From: Lyn Semeta, Mayor
Date: September 21, 2020
Council Report/Appointment of a Voting Delegate and Alternate to the League of California
Cities Annual Conference and Expo
The Annual Conference for the League of California Cities is scheduled to be held virtually on
October 7-9, 2020.
An important part of the Annual Conference is the Annual Business Meeting (during General
Assembly), on Friday, October 9. At this meeting, the League membership will consider and take
action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate.
The city may also appoint up to two alternate voting delegates, one of whom may vote in the event
that the designated voting delegate is unable to serve in that capacity. The League has requested
that we send them an official notification of the names of the city’s delegate and alternate(s) no later
than Wednesday, September 30.
In the past, the Mayor serves as the voting delegate to represent the City and Council Members
serve as alternates. Therefore, I will serve as the voting delegate and Council Member Kim Carr will
serve as the alternate.
Recommended Action:
Appoint Mayor Lyn Semeta to serve as the voting delegate and City Council Member Kim Carr as
alternate, to represent the City of Huntington Beach at the 2020 League of California Cities Annual
Conference & Expo. The General Assembly will be held virtually on Friday, October 9, 2020 .
Cc:Oliver Chi, City Manager
Travis Hopkins, Assistant City Manager
Robin Estanislau, City Clerk
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City of Huntington Beach
File #:20-1887 MEETING DATE:9/21/2020
Ascon Landfill Site Update
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City of Huntington Beach
File #:20-1888 MEETING DATE:9/21/2020
Update of the City COVID-19 Response Plan and Actions for Review and Discussion
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City of Huntington Beach
File #:20-1889 MEETING DATE:9/21/2020
Community Services Director Chris Slama to present a recap of summer 2020 programs,
services and events for the department
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City of Huntington Beach
File #:20-1874 MEETING DATE:9/21/2020
City Clerk to announce National Voter Registration Day, Tuesday, September 22, 2020
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City of Huntington Beach
File #:20-1871 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Dahle Bulosan, Chief Financial Officer
Subject:
Adopt Resolution No. 2020-57 amending the Fiscal Year 2020/21 Budget to carry over unspent
appropriations from Fiscal Year 2019/20 for the continuation of Capital Improvement Program
(CIP) projects
Statement of Issue:
Certain Capital Improvement Program (CIP) projects that were previously budgeted were not
completed by the end of Fiscal Year (FY) 2019/20 on June 30, 2020. To continue these projects,
$16,530,872 of remaining unspent appropriations need to be carried over into Fiscal Year 2020/21 to
help ensure project completion.
Financial Impact:
The $16,530,872 of remaining unspent appropriations is detailed by each applicable Fund in the
attached Exhibit A. There are sufficient fund balances and/or ongoing revenue in these funds to
support the request.
Recommended Action:
Adopt Resolution No. 2020-57, “A Resolution of the City Council of the City of Huntington Beach
Amending the Fiscal Year 2020/21 Budget to Carry Over Unspent Appropriations from Fiscal Year
2019/20,” which incorporates and references the continuation of funding. Exhibit A lists individual
capital improvement projects and their respective carryover amounts totaling $16,530,872.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Each fiscal year, there are budgeted capital projects that have not been completed by the close of the
fiscal year. The City is required to carry over appropriations into the following fiscal year in order to
complete those previously approved and budgeted capital improvement projects.
The attached Resolution references Exhibit A, “Carryover of Projects from FY 2019/20 to FY
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File #:20-1871 MEETING DATE:9/21/2020
2020/21”, totaling $16,530,872 across multiple Funds for the amounts necessary to continue work in
FY 2020/21 on the various capital projects underway from the previous fiscal year.
Attachment 2, “Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2020/21,”
provides the estimated fund balances for the various Funds after projected revenues, adopted budget
appropriations and carryover appropriations are taken into consideration for FY 2020/21.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Enhance and maintain the infrastructure
Strengthen long-term financial and economic sustainability
Enhance and modernize public safety service delivery
Attachment(s):
1. Resolution No. 2020-57,“A Resolution of the City Council of the City of Huntington Beach
Amending the Fiscal Year 2020/21 Budget to Carry Over Unspent Appropriations from Fiscal
Year 2019/20,” and Exhibit A
2. Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2020/21
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Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2019/20
(Business Unit)
Air Quality Fund
Public Works/201 Brookhurst Synchronization 214,733$ 20190012
Public Works/201 Magnolia Synchronization 199,789$ 20190013
Subtotal 414,522$
Traffic Impact
Public Works/206 Atlanta Avenue Widening 7,332$ 20690002
Public Works/206 Traffic Signals 195,576$ 20690007
Subtotal 202,908$
Gas Tax
Public Works/207 Bridge Rehabilitation 48,741$ 20790010
Subtotal 48,741$
Measure M
Public Works/213 Engineering Design/Construction 53,434$ 21385201
Subtotal 53,434$
Prop 42
Public Works/219 Design/Construction 80,000$ 21985201
Public Works/219 Utica Bicycle Blvd 124,970$ 21990010
Public Works/219 Downtown Street Lighting 77,162$ 21990423
Public Works/219 Brookhurst-Indianapolis TS Mod 55,000$ 21990424
Public Works/219 Warner-Graham TS 180,000$ 21990425
Subtotal 517,132$
Quimby
Community Svcs/226 Central Park Restrooms 688,906$ 22645010
Subtotal 688,906$
Park Development Impact
Community Svcs/228 Edison Playground-Reconfigurat 60,905$ 22845004
Community Svcs/228 Community Center Improvements 1,293,715$ 22845006
Community Svcs/228 HCP Trail Improvements 20,000$ 22845008
Community Svcs/228 Bartlett Park - Phase II 350,000$ 22845012
Community Svcs/228 Lake Park Reconfiguration 542,500$ 22845013
Subtotal 2,267,120$
Fire Facilities Development Impact
Fire/231 Fire Facilities Development Impact 620,000$ 23155001
Subtotal 620,000$
Exhibit A
Carry Over of Projects from FY 2019/20 to FY 2020/21
27
Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2019/20
(Business Unit)
Exhibit A
Carry Over of Projects from FY 2019/20 to FY 2020/21
Surf City "3" Cable Channel
City Manager/243 Surf City "3" Cable Channel Op 259,562$ 24330101
Subtotal 259,562$
Infrastructure
Non Dept/314 Infrastructure Projects 17-18 1,835,250$ 31440001
Non Dept/314 Infrastructure Central Park 114,166$ 31440002
Community Svcs/314 Main Prom P.S. Improvements 45,244$ 31445003
Public Works/314 Police Facility Improvements 1,515,210$ 31487004
Public Works/314 Heil Pump Station 1,036,294$ 31488001
Public Works/314 Atlanta Avenue Widening 36,916$ 31490004
Subtotal 4,583,080$
Water
Public Works/506 Water Engineering Design/Construction 150,000$ 50685201
Public Works/506 Peck Reservoir Dual Drive 43,195$ 50690001
Public Works/506 Water Security Improvements 26,887$ 50691005
Subtotal 220,082$
Water Master Plan
Public Works/507 Water Security Improvements 80,400$ 50791005
Public Works/507 Water Main Replacements 996,732$ 50791006
Public Works/507 Water Production Improvements 152,676$ 50791028
Public Works/507 Well 9 Treatment 22,682$ 50791029
Public Works/507 Well 6 Treatment 130,000$ 50791044
Subtotal 1,382,490$
West Orange County Water Board (WOCWB)
Public Works/508 OC 35 Pipeline Relocation 443,851$ 50885102
Subtotal 443,851$
Sewer Service Fund
Public Works/511 PW Sewer Administration 100,000$ 51185101
Public Works/511 Sewer Line CIP 57,020$ 51189002
Public Works/511 LS #13 Slater/Springdale 166,717$ 51189011
Public Works/511 LS #22 Saybrook/Heil 102,342$ 51189012
Subtotal 426,079$
Energy Efficiency
Public Works/807 EE Retrofits 370,000$ 87387002
Subtotal 370,000$
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Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2019/20
(Business Unit)
Exhibit A
Carry Over of Projects from FY 2019/20 to FY 2020/21
OCTA CIP/Grant
Public Works/873 Utica Bicycle Blvd 684,260$ 87390019
Subtotal 684,260$
Bridge Replacement & Rehab (Grant)
Public Works/961 Hwy Bridge Replacement & Rehab 1,075,462$ 96185001
Subtotal 1,075,462$
Bridge Preventive Maintenance Program (Grant)
Public Works/970 BPMP 217,308$ 97085001
Subtotal 217,308$
Highway Safety Improvement Program (HSIP)
Public Works/995 Bolsa Chica/Pearce Traffic Signal Modification 1,421$ 99590001
Public Works/995 Goldenwest/Heil Signal Modification 90,331$ 99590002
Public Works/995 Gothard/Center Signal Modification 70,300$ 99590003
Public Works/995 Gothard/Slater Signal Modification 56,198$ 99590004
Public Works/995 Newland/Ellis Signal Modification 80,176$ 99590005
Public Works/995 Signal Interconnect - Newland 51,411$ 99590006
Public Works/995 Newland/Slater Signal Modification 82,098$ 99590007
Subtotal 431,935$
Bluff Top Path
Public Works/1256 Bluff Top Path 1,624,000$ 125686001
Subtotal 1,624,000$
Total - All Funds 16,530,872$
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Analysis of Funding Sources for Carry Over Appropriations
Fiscal Year 2020/21
Estimated
Undesignated
Fund Balance *
FY 2020/21
Revised
Revenues
FY 2020/21
Revised
Expenditures
Budgetary
Fund Balance
Carry Over
Appropriations
Budgetary
Fund Balance
After Carry
Over
Appropriations
201 Air Quality Fund 1,208,258 250,000 (848,600) 609,658 (414,522) 195,136
206 Traffic Impact 2,681,603 - (519,276) 2,162,327 (202,908) 1,959,419
207 Gas Tax 2,928,532 2,806,250 (5,256,901) 477,881 (48,741) 429,140
213 Measure M 2,359,179 3,007,578 (4,685,737) 681,020 (53,434) 627,586
219 Prop 42 1,414,347 1,535,446 (2,055,905) 893,888 (517,132) 376,756
226 Quimby 1,960,824 70,000 (1,125,171) 905,653 (688,906) 216,747
228 Park Development Impact 11,994,410 315,000 (6,832,670) 5,476,740 (2,267,120) 3,209,620
231 Fire Facilities Development Impact 910,702 - (280,000) 630,702 (620,000) 10,702
243 Surf City "3" Cable Channel 1,132,445 605,000 (352,500) 1,384,945 (259,562) 1,125,383
314 Infrastructure 11,933,470 3,000,000 (5,595,701) 9,337,769 (4,583,080) 4,754,689
506 Water 27,427,525 40,781,610 (44,150,348) 24,058,787 (220,082) 23,838,705
507 Water Master Plan 21,323,896 3,766,760 (7,137,537) 17,953,119 (1,382,490) 16,570,629
508 WOCWB 2,032,104 649,000 (2,208,349) 472,755 (443,851) 28,904
511 Sewer Service Fund 32,983,576 10,747,168 (18,871,411) 24,859,333 (426,079) 24,433,254
807 Energy Efficiency 2,117,498 18,000 (18,000) 2,117,498 (370,000) 1,747,498
873 OCTA CIP/Grant (1,190,674) 1,874,934 - 684,260 (684,260) -
961 Bridge Replacement & Rehab (Grant)(208,539) 1,333,748 (49,747) 1,075,462 (1,075,462) -
970 Bridge Preventive Maintenance Program (Grant)- 217,308 - 217,308 (217,308) -
995 Highway Safety Improvement Program (HSIP)(686,795) 1,895,303 (776,573) 431,935 (431,935) -
1256 Bluff Top Path (Grant)(21,292) 1,648,600 (3,308) 1,624,000 (1,624,000) -
Total Requested Carry Over Appropriations (16,530,872)
* Estimated Fund Balance as of 7/1/20
Fund
30
City of Huntington Beach
File #:20-1567 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Travis K. Hopkins, Assistant City Manager
Subject:
Adopt Resolution No. 2020-60 amending the City’s Classification Plan , and approve the
modified Classification Titles of Marine Safety Officer, Marine Safety Captain , and Marine
Safety Battalion Chief
Statement of Issue:
Council authorization is requested to amend the City’s Classification Plan to incorporate changes
considered and approved by the Personnel Commission on March 4, 2020. These revisions align and
integrate Marine Safety into the Fire Department.
Financial Impact:
Funding is included for these positions in the Fiscal Year 2020-21 budget, and there is no change in
compensation.
Recommended Action:
Adopt Resolution No. 2020-60, “A Resolution of the City Council of the City of Huntington Beach
Amending the City’s Classification Plan and Approve the Modified Classification Titles of Marine
Safety Officer, Marine Safety Captain and Marine Safety Battalion Chief.”
Alternative Action(s):
Reject amendments to the classification plan. In accordance with Personnel Rule 12-4, if an
amendment to the City’s Classification Plan is rejected by the City Council, the City Council is to refer
such amendments or revisions back to the Personnel Commission with reasons for rejection and its
recommendation thereon.
Analysis:
The proposed job classification amendments would help align the Marine Safety Division’s positions
with the existing reporting structure within the City’s Fire Department. Research collected from
comparator agencies and State professional organizations support the decision for the recommended
title changes, as follows:
City of Huntington Beach Printed on 9/16/2020Page 1 of 2
powered by Legistar™31
File #:20-1567 MEETING DATE:9/21/2020
Marine Safety Officer I (current) to Marine Safety Officer (new)
Marine Safety Officer II (current) to Marine Safety Captain (new)
Marine Safety Lieutenant (current) to Marine Safety Battalion Chief (new)
The classifications were modified to include the modern job titles, duties , and hiring standards in
response to market and legislative changes, but do not materially change the nature of the work
being performed.
The revised titles communicate uniform structure and clarity, both internally and externally, to
enhance recruitment efforts in the Marine Safety Division going forward, thereby strengthening the
Fire Department as a whole.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Resolution No. 2020-60
2. Exhibit A - Marine Safety Officer Job Classification
3. Exhibit B - Marine Safety Captain Job Classification
4. Exhibit C - Marine Safety Battalion Chief Job Classification
5. Exhibit D - Marine Safety Management Association Salary Table
City of Huntington Beach Printed on 9/16/2020Page 2 of 2
powered by Legistar™32
33
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 1 of 6
JOB CODE: 0467
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: MSMA
FLSA STATUS: NON-EXEMPT
EEOC CODE: PROTECTIVE SERVICE WORKER
JOB SUMMARY
The incumbent provides supervision of lifeguards and recurrent personnel, patrols beach
and ocean areas from an assigned tower, emergency rescue vehicle, or patrol vessel in
order to provide first line protection of the lives and property of beach patrons; participates
in aquatic and other related emergencies and rescues, and prevents marine accidents.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Marine Safety Captain
Supervises: Lifeguards and Recurrent Personnel
DISTINGUISHING CHARACTERISTICS
The incumbent works under the supervision of Marine Safety Captain. This position is
distinguished from the Ocean Lifeguard in that the Marine Safety Officer has a minimum
of 1500 hours of Ocean Lifeguard III experience, has completed specific trainings, and
has additional responsibilities. The Marine Safety Officer is distinguished from the
Marine Safety Captain in that the latter supervises the Marine Safety Officers, requires a
greater scope of responsibility, and has additional training and experience.
34
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 2 of 6
EXAMPLES OF ESSENTIAL DUTIES
Lifeguards an assigned area from a tower, an emergency rescue vehicle or
vessel, helicopter or other as assigned
Surveils swimmers in the water and performs ocean rescues as needed
Establishes command and control of emergencies until relieved, as needed
Advises beach goers and boaters of dangerous marine conditions and beach
hazards
Removes dangerous objects from beach and ocean areas
Provides technical direction to, supervises, trains, and evaluates the lifeguarding
activities of subordinates, and shares supervisory responsibilities of all recurrent
personnel
Assists in coordination, management and supervision of personnel, participants
and volunteers in Marine Safety programs, including the junior lifeguard program
Participates in flood, swiftwater, and SCUBA rescue/recovery operations
Briefs subordinates concerning conditions
Assigns personnel to designated areas of beach
Performs minor repairs and routine preventative maintenance on towers, vehicles,
vessels, equipment and other facilities within assigned area
Maintains daily records of activities and completes reports on same; i.e.,
measures and reports weather, ocean and beach conditions
Public interaction, including performing community education and outreach
Answers questions and assists patrons with concerns and inquiries
Enforces municipal ordinances, and county, state and federal laws, as applicable
Issues citations and arrests for violations of local, state and federal laws, as
necessary, as a peace officer under PC 830.31
Works with Police, Fire and other agencies as required
Operates specialized lifesaving equipment
Performs various first aid practices of a highly skilled nature
Operates a computer, accessories and standard software applications
Communicates effectively (written and verbal)
Attends professional training to stay abreast of industry best practices
Travels to offsite locations within and outside the City
Maintains a regular and consistent attendance record
Adheres to all applicable rules and regulations
35
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 3 of 6
Performs the essential functions of the job with or without reasonable
accommodation
Performs other related duties as assigned
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination may include:
Knowledge of:
- Principles and practices of modern lifesaving techniques
- Boat handling, operations and safety
- Operations of equipment and apparatus used
- Emergency Medical Technician (EMT) practices and procedures
- SCUBA/Basic
- Methods, practices and procedures for the training, supervision and evaluation
of personnel
- Principles and practices of boating operations, safety and enforcement of
regulations and maritime Rules of the Road (Int. Reg. for Prevention of
Collisions at Sea/U. S. Inland Navigation Rules)
- Code 3 emergency response driving safety practices and procedures
- Computers and software applications
- Law enforcement policies, procedures, applicable county, state and federal
laws, and Municipal Ordinance Codes, and their application to assigned
responsibilities
Ability to:
- Swim in adverse weather and surf conditions for extended periods of time and
perform ocean rescues under said conditions
- Size up emergencies, plan and implement an effective course of action, and
assist in directing such activities until relieved by a supervisor
- Enforce various rules, regulations, codes and laws as necessary
- Perform EMT and all other emergency and safety practices effectively, efficiently,
and in a calm, responsible manner
- Comprehend and enforce department and division rules and regulations
36
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 4 of 6
- Successfully complete job-specific training and/or coursework, comprehend
content, and apply and use relevant and technical information on the job in an
efficient, effective, calm and responsible manner
- Establish and maintain cooperative working relationships with those contacted in
the course of work, including personnel, all levels of the organization and
community
- Provide excellent customer service
Swimming Ability: Must annually demonstrate an ability to swim 500 meters over a
measured course in ten minutes or less. Incumbent must demonstrate an ability to
successfully perform an open water rescue.
Education: High school diploma or equivalent certificate.
Experience: Requires 1500 hours of Ocean Lifeguard III experience with the City of
Huntington Beach.
Post-offer, Pre-employment Screening and Background Check Requirements:
Prior to the commencement of employment in the assignmen t, the successful candidate
must complete required post-offer, pre-employment processes which may include, but
not be limited to, professional reference checks, a fingerprint background check, and a
medical examination, including psychological evaluation and drug/alcohol
testing/screening. Except as otherwise required by law, a criminal record will not
necessarily automatically disqualify an individual from a position. The incumbent must
meet and maintain established health, vision and hearing standards r equired for the
position. The incumbent must be able to meet the physical requirements of the class and
have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to
the duties to be performed. Reasonable accommodations for an individual with a
qualified disability will be considered on a case-by-case basis.
Certifications/Licenses Required at the Time of Appointment
Must possess and maintain current and valid:
A valid California Class C driver license and an acceptable driving record are
required by time of appointment and during course of employment
Emergency Medical Technician (EMT) Certification issued by the State of
California or County Emergency Medical Services (EMS) Agency
37
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 5 of 6
CPR Certification (American Red Cross or approved certifying agency)
Automatic External Defibrillator (AED) Certification
PC 832 Powers of Arrest
SCUBA/Basic
California Boater Card Issued by the Division of Boating and Waterways (DBW)
Training or coursework in supervisory skills
Swiftwater Rescue Technician (Basic) certification issued by approved certifying
agency
Rescue Watercraft (RWC) issued by approved certifying agency
Two (2) years of satisfactory performance evaluations as a Marine Safety Officer and
the following additional certifications, licenses and/or training are required for
reclassification to Marine Safety Captain:
SCUBA (Advanced)
Swiftwater Rescue Technician (Advanced) certification issued by approved
certifying agency
Rescue Systems I certification issued by approved certifying agency
Lifeguard Helicopter Rescue Training, Huntington Beach Marine Safety Division
(HBMSD)
California Division of Boating and Waterways (DBW ) Training:
- Basic Maritime Officer’s Course
- Rescue Boat Operations
- Rescue Watercraft (RWC)
- Marine Firefighter Operations
Or equivalent training (200 hours) as follows:
- Basic Boat Operation
- California Boating Laws
- Marine Navigation
- Marine Fire Fighting
- Marine Weather
- Rescue Watercraft (RWC)
Rescue Vessel Operations Training (HBMSD) 200 hours
SPECIAL CONDITIONS: Employees regularly assigned/required to drive a city or
personal vehicle in the course and scope of work, shall be required to participate in the
DMV Pull Notice Program.
38
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY OFFICER
PERSONNEL COMMISSION DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL DATE: APRIL 20, 2020
Page 6 of 6
Public Employee Disaster Service Worker: In accordance with Government Code
Section 3100, all Huntington Beach City e mployees are required to perform assigned
disaster service worker duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Work is performed mostly in a beach and ocean environment and occasionally in a
general office environment. Work involves prolonged exposure to various weather
conditions and elements, including water, sun, various temperatures, and may include
exposure to hazardous materials and communicable diseases. Physical strength,
endurance, and agility is required for: swimming, paddling, running, walking, standing,
squatting, bending, twisting and sitting. Job duties may include strenuous physical
activity and/or sitting for extended periods of time, operating assigned motorized
equipment, vehicles and vessels. May be required to move, lift and/or drag as much as
150 pounds unaided in an emergency/rescue situation. Must be able to bend at the neck
and waist, squat, climb, twist at the neck and waist, and engage in repetitive use of hands
for simple to power grasping, fine motor skills/manipulation. Must be able to use hands,
wrists and arms to engage in pushing, pulling, reaching above and below shoulder level,
reaching, twisting, leaning, operate a computer, keyboard and accessories, as well as
other modern office equipment as needed. Must sufficiently meet health, vision and
hearing requirements in order to ensure the safety of peers and those in need of rescue
efforts.
The incumbent must be able to meet the physical requirements of the class and have
mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the
duties to be performed. Reasonable accommodations for an individual with a qualified
disability will be considered on a case-by-case basis.
Rev. March 2020/bam
39
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 1 of 7
JOB CODE: 0468
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: MSMA
FLSA STATUS: NON-EXEMPT
EEOC CODE: PROFESSIONALS
JOB SUMMARY
The incumbent provides supervision of Marine Safety Officers, lifeguards and recurrent
personnel, patrols beach and ocean areas from an assigned tower, emergency rescue
vehicle, or patrol vessel in order to provide first line protection of the lives and property
of beach patrons; participates in aquatic and other related emergencies and rescues,
and prevents marine accidents.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Marine Safety Battalion Chief
Supervises: Marine Safety Officers, Lifeguards and Recurrent Personnel
DISTINGUISHING CHARACTERISTICS
The incumbent works under the supervision of Marine Safety Battalion Chief. This
position is distinguished from the Marine Safety Officer in that the Captain has a
minimum of two more years of experience, has completed specific advanced trainings
and has additional responsibilities. The Marine Safety Captain is distinguished from the
Marine Safety Battalion Chief in that the latter supervises all Marine Safety Officers and
Marine Safety Captains, oversees lifeguards and recurrent staff and Marine Safety
programs, requires more experience, and requires a greater scope of responsibility.
40
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 2 of 7
EXAMPLES OF ESSENTIAL DUTIES
Commands and patrols an assigned area of coastline, responding, with speed,
accuracy and efficiency to observed incidents, or those monitored and reported
Participates in, and establishes command and control of, rescue, first aid and
aquatic emergencies until relieved
Performs the duties of the Marine Safety Battalion Chief in the Battalion Chief’s
absence
Participates in flood, swiftwater, cliff, helicopter and SCUBA training and
rescue/recovery operations
Lifeguards an assigned area from a tower, an emergency rescue vehicle or
vessel, helicopter or other as assigned
Surveils swimmers in the water and performs ocean rescues as needed
Advises beach goers and boaters of dangerous marine conditions and beach
hazards
Removes dangerous objects from beach and ocean areas
Provides technical direction to, supervises, trains, and evaluates the work
performance of subordinates
Briefs subordinates concerning conditions
Assigns personnel to designated areas of beach
Performs minor repairs and routine preventative maintenance on towers, vehicles,
vessels, equipment and other facilities within assigned area
Maintains daily records of activities and completes reports on same; i.e.,
measures and reports weather, ocean and beach conditions
Public interaction, including performing community education and outreach
Answers questions and assists patrons with concerns and inquiries
Enforces Municipal Ordinances and applicable county, state and federal laws as
necessary
Issues citations for violations of beach, parking and parks ordinances as
necessary as a peace officer under PC 830.31
Works with Police, Fire and other agencies as required
Operates specialized lifesaving equipment
Performs various first aid practices of a highly skilled nature
Operates a computer, accessories and standard software applications
41
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 3 of 7
Communicates effectively (written and verbal)
Attends professional training to stay abreast of industry best practices
Travels to offsite locations within and outside the City
Maintains a regular and consistent attendance record
Adheres to all applicable rules and regulations
Performs the essential functions of the job with or without reasonable
accommodation
Performs other related duties as assigned
When assigned to boat operations the incumbent may do any of the follo wing:
Operates lifeguard rescue vessels in a safe, effective and efficient manner
Takes command of offshore emergencies until relieved by the appropriate
authority
Uses navigational instruments and ship-to-shore radios
Provides back up for ocean rescues
Assists vessels in distress
Supervises, trains and evaluates the activities and work performance of boat
crew
May perform routine boat inspections
Assists with the maintenance and repair of HBMSD boats
Informs marine mechanics of defective and malfunctioning equipment
Maintains daily records of engine performance and logs vessel activities
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination includes:
Knowledge of:
- Modern lifesaving techniques
- Boat handling, operations and safety
42
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 4 of 7
- Operations of equipment and apparatus used
- Emergency Medical Technician (EMT) practices and procedures
- Advanced rescue and SCUBA techniques
- Helicopter and cliff rescue
- Law enforcement policies, procedures and Municipal Ordinance Codes,
applicable federal, state and county laws, and their application to assigned
responsibilities
- Principles and practices of boating operations, boating safety and enforcement of
regulations and maritime Rules of the Road (Int. Reg. for Prevention of Collisions
at Sea/U.S. Inland Navigation Rules)
- Code 3 emergency response driving safety practices and procedures
- Computers and software applications
- Methods, practices and procedures for the training, supervision and evaluation of
personnel
- Modern general office, record keeping and reporting techniques, processes and
procedures
Ability to:
- Swim in adverse weather and surf conditions for extended periods of time and
perform ocean rescues under said conditions
- Size up emergency situations, plan and implement the most effective course of
action, and assist in directing activities until relieved by a supervisor
- Enforce various rules, regulations, codes and laws as needed
- Perform EMT, and all other emergency and safety practices, effectively,
efficiently and in a calm, responsible manner
- Comprehend and enforce department and division rules and regulations
- Successfully complete job-specific training, comprehend content, and apply and
use relevant and technical information on the job in an efficient, effective and
controlled manner.
- Establish and maintain cooperative working relationships with those contacted in
the course of work, including personnel, all levels of the organization and the
community
- Provide excellent customer service
- If assigned to boat operations, safely and effectively, operate a high speed
rescue vessel under varying weather and ocean surface conditions
43
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 5 of 7
- Take command of offshore emergencies until relieved by the appropriate
authority
- Use a directional finder, compass and other navigational aids
- Perform minor repairs and routine boat maintenance duties as needed
Swimming Ability: Must annually demonstrate an ability to swim 500 meters over a
measured course in ten minutes or less. Incumbent must demonstrate an ability to
successfully perform an open water rescue.
Education: High school diploma or equivalent certificate.
Experience: Requires a minimum of two (2) years of Marine Safety Officer experience
with the City of Huntington Beach.
Certifications/Licenses Required at the Time of Appointment
Must possess and maintain the following:
A valid California Class C driver license and an acceptable driving record are
required by time of appointment and during course of employment.
Emergency Medical Technician (EMT) Certification issued by the State of
California or County Emergency Medical Services (EMS) Agency
Automatic External Defibrillator (AED) Certification
PC 832 Powers of Arrest
CPR Training Certification (American Red Cross or approved certifying agency)
California Boater Card issued by the Division of Boating and Waterways (DBW)
Training or coursework in supervisory skills
Swiftwater Rescue Technician (Basic) certification issued by approved certifying
agency
Rescue Watercraft (RWC) certification issued by approved certifying agency
Rescue Systems I certification issued by approved certifying agency
Lifeguard Helicopter Training, Huntington Beach Marine Safety Division
(HBMSD)
SCUBA/Advanced
California Division of Boating and Waterways (DBW) Training. Successful
coursework completion:
44
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 6 of 7
- Basic Maritime Officer’s Course
- Rescue Boat Operations
- Marine Firefighter Operations
- Rescue Watercraft (RWC)
Or equivalent training (200 hours) as follows:
- Basic Boat Operation
- California Boating Laws
- Marine Navigation
- Marine Fire Fighting
- Marine Weather
Rescue Vessel Operations Training (HBMSD), 200 hours
Required On-The-Job Training of Incumbent Marine Safety Captain Within
Twenty-four (24) Months of Appointment:
SCUBA/Rescue
FEMA Incident Command System Training: ICS 100 and 200
Instructor I and II
SCUBA/ Dry Suit
Recommended Training of Incumbent Marine Safety Captain Within Twenty-four
(24) Months of Appointment:
The following Instructor Emergency Response (American Red Cross or approved
certifying agency)
Company Officer 2A, Human Resources Management
Company Officer 2B, General Administrative Functions
Company Officer 2D, All Risk Command Operations
SPECIAL CONDITIONS: Employees regularly assigned/required to drive a city or
personal vehicle in the course and scope of work, shall be required to participate in the
DMV Pull Notice Program.
Public Employee Disaster Service Worker: In accordance with Government Code
Section 3100, all Huntington Beach City employees are required to perform assigned
disaster service worker duties in the event of an emergency or a disaster.
45
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY CAPTAIN
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 7 of 7
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Work is performed mostly in a beach and ocean environment and occasionally in a
general office environment. Work involves prolonged exposure to various weather
conditions and elements, including water, sun, various tempera tures, and may include
exposure to hazardous materials and communicable diseases. Physical strength,
endurance, and agility is required for: swimming, paddling, running, walking, standing,
squatting, bending, twisting and sitting. Job duties may include strenuous physical
activity and/or sitting for extended periods of time, operating assigned motorized
equipment, vehicles and vessels. May be required to move, lift and/or drag as much as
150 pounds unaided in an emergency/rescue situation. Must be able to bend at the
neck and waist, squat, climb, twist at the neck and waist, and engage in repetitive use of
hands for simple to power grasping, fine motor skills/manipulation. Must be able to use
hands, wrists and arms to engage in pushing, pulling, reaching above and below
shoulder level, reaching, twisting, leaning, operate a computer, keyboard and
accessories, as well as other modern office equipment as needed. Must meet USLA
health, vision and hearing standards in order to ensure the safety of peers and those in
need of rescue efforts, including functional color vision and normal hearing.
The incumbent must be able to meet the background clearance, health and physical
requirements of the class and have the mobility, balance, coordination, vision, hearing
and dexterity levels appropriate to the duties to be performed. Reasonable
accommodations for an individual with a qualified disability will be considered on a case-
by-case basis.
4534 (Formerly Marine Safety Boat Operator – Title Change 09/01)
Rev. February 2020/bam
46
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 1 of 6
JOB CODE: 0105
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: MSMA
FLSA STATUS: NON-EXEMPT
EEOC CODE: OFFICIALS AND ADMINISTRATORS
JOB SUMMARY
The incumbent provides supervision of Marine Safety Captains, Marine Safety Officers,
and oversees the management and supervision of lifeguards recurrent personnel, and
those participating in programs, such as volunteers and junior lifeguards; trains and
coordinates activities of permanent and recurrent personnel, and provides beach safety
through education, prevention and emergency response.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Marine Safety Division Chief
Supervises: Marine Safety Captains, Marine Safety Officers, Lifeguards and Recurrent
Personnel
DISTINGUISHING CHARACTERISTICS
The incumbent works under the supervision of Marine Safety Division Chief. This
position is distinguished from the Marine Safety Captain in that it is responsible for the
supervision, direction, training and evaluation of all Marine Safety Captains and
Officers, requires more experience and a greater scope of responsibility, including an
increased level of managerial responsibilities.
47
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 2 of 6
EXAMPLES OF ESSENTIAL DUTIES
Provides oversight in the absence of the Marine Safety Division Chief
Establishes command and control of emergencies until relieved
Manages and supervises daily marine safety operations, beach emergencies and
associated logistical support
Facilitates coordination and communication with Police, Fire and other agencies,
as needed, in order to form a unified command in order to best -coordinate efforts
during emergencies and in the event of incidents
Personnel management, including work performance evaluation and feedback,
coaching, and disciplinary and corrective action implementation, if warranted.
Enforces Municipal Ordinances and applicable county, state and federal laws as
necessary
Issues citations and arrests for violations of local, state and federal laws as
necessary as a peace officer under PC 830.31.
Operates a computer, accessories and standard software applications
Creates and implements staffing schedules
Ensures adequate daily staff levels to provide sufficient and optimum beach
safety in the most efficient and effective manner
Develops personnel through training and support, and provides feedback through
regular work evaluations of subordinate employees
Implements, coordinates, and schedules new and ongoing marine safety training
and training curriculum
Coordinates recruitment, training, testing, and hiring of Marine Safety personnel
Coordinates re-certification of marine safety captains, marine safety officers,
lifeguards and recurrent personnel members
Ensures observance of work schedules, rules, regulations, policies and
procedures by subordinates
Manages and submits payroll
Assists in preparation and implementation of the budget
Ensures proper use of sick, injury, and other leaves
Reviews daily activity, emergency, accident, and weather reports and maintains
Marine Safety records and logs
Prepares and submits comprehensive statistical reports as required
48
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 3 of 6
Inspects and inventories facilities, vehicles, boats, and equipment
Purchases emergency, rescue, and office equipment and supplies
Drafts and updates Marine Safety policies and procedures as directed
Serves as the primary point of contact for Marine Safety facilities and equipment
repair, improvement, and enhancements
Maintains current Marine Safety-related data, including a list of Marine Safety
employees, emergency contact information, and business contacts list.
Serves as the Public Information Officer (PIO) for Marine Safety communications
Coordinates, develops and implements public education programs
Works with Police, Fire and other agencies as required
Represents Marine Safety at various lifesaving, first aid, water safety, and related
programs and conferences
Communicates effectively (written and verbal)
Attends professional training to stay abreast of industry best practices
Maintains a regular and consistent attendance record
Travels to offsite locations within and outside the City
Adheres to all applicable rules and regulations
Performs essential functions of the job with or without reasonable
accommodation
Performs other related duties as assigned.
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination may include:
Knowledge of:
- Modern lifesaving techniques
- Small boat handling, operations and safety
- Operations of equipment and apparatus used
49
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 4 of 6
- Emergency Medical Technician (EMT) practices and procedures
- Advanced rescue and SCUBA techniques
- Law enforcement policies
- Incident Command System (ICS) techniques
- SCUBA/Dry Suit instruction practices; procedures
- Municipal Ordinance Codes, county, state and federal laws, and their application
to assigned responsibilities
- Principles and practices of boating safety and enforcement of regulations and
Rules of the Road applicable to maritime operations (Int. Reg. for Prevention of
Collisions at Sea/U.S. Inland Navigation Rules)
-
Ability to:
- Respond to and size up emergencies, adopt an effective course of action, and
assist in directing such activities until relieved
- Enforce various rules, regulations, codes and laws as necessary
- Perform EMT practices effectively
- Comprehend and enforce department and division rules and regulations
- Comprehend training material and implement material effectively, as needed,
when and where it improves and enhances Marine Safety personnel/programs,
service and emergency response.
- Establish and maintain cooperative working relationships with those contacted in
the course of work
- Provide excellent customer service.
Swimming Ability: Must annually demonstrate an ability to swim 500 meters over a
measured course in ten minutes or less.
Education: High school diploma or equivalent certificate, and an Associate’s degree or
the equivalent is required.
Experience: Requires one (1) year of experience as a Marine Safety Captain with the
City of Huntington Beach.
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CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 5 of 6
Licenses/Certifications Required at the Time of Appointment
Must possess and maintain current and valid the following:
A valid California Class C driver license and an acceptable driving record are
required by time of appointment and during course of employment.
Emergency Medical Technician (EMT) Certification issued by the State of
California or County Emergency Medical Services (EMS) Agency
CPR Training Certification (American Red Cross or approved certifying agency)
Automatic External Defibrillator (AED) Certification
PC 832, Powers of Arrest
Certified Rescue Diver
California Boater Card issued by the Division of Boating and Waterways (DBW)
Rescue Watercraft Certification (RWC)
Swiftwater Rescue Technician Training (Basic and Advanced)
Rescue Systems I
Lifeguard Helicopter Rescue Training (HBMSD)
Rescue Vessel Training (HBMSD)
FEMA Incident Command System Training, ICS 100 & 200
Recommended Training of Incumbent Marine Safety Captain within Twenty-four
(24) Months of Appointment:
ICS 300
SPECIAL CONDITIONS: Employees regularly assigned/required to drive a city or
personal vehicle in the course and scope of work, shall be required to participate in the
DMV Pull Notice Program.
Public Employee Disaster Service Worker: In accordance with Government Code
Section 3100, all Huntington Beach City employees are required to perform assigned
disaster service worker duties in the event of an emergency or a disaster.
51
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: MARINE SAFETY BATTALION CHIEF
PERSONNEL COMMISSION: DATE: MARCH 4, 2020 (REVISED)
COUNCIL APPROVAL: DATE: APRIL 20, 2020
Page 6 of 6
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Work is performed in general office, beach and ocean environments. Work may involve
prolonged exposure to various weather conditions and elements, including water, sun,
various temperatures, and may include exposure to hazardous materials and
communicable diseases. Physical strength, endurance, and agility is required for:
swimming, paddling, running, walking, standing, squatting, bending, twisting and sitting.
Job duties may include strenuous physical activity and/or sitting for extended periods of
time, operating assigned motorized equipment, vehicles and vessels. May be required to
move, lift and/or drag as much as 150 pounds unaided in an emergency/rescue situation.
Must be able to bend at the neck and waist, squat, climb, twist at the neck and waist, and
engage in repetitive use of hands for simple to power grasping, fine motor
skills/manipulation. Must be able to use hands, wrists and arms to engage in pushing,
pulling, reaching above and below shoulder level, reaching, twisting, leaning, operate a
computer, keyboard and accessories, as well as other modern office equipment as
needed. Must meet USLA health, vision and hearing standards in order to ensure the
safety of peers and those in need of rescue efforts, including functional color vision and
normal hearing.
The incumbent must be able to meet the background clearance, health and physical
requirements of the class and have mobility, balance, coordination, vision, hearing and
dexterity levels appropriate to the duties to be performed. Reasonable accommodations
for an individual with a qualified disability will be considered on a case-by-case basis
Rev. March 2020/bam
52
Marine Safety Management Association
Salary Schedule
Effective September 24, 2016
*Modified 04/20/20
Job Code
Classification
Pay
Grade
A
B
C
D
E
0467
Marine Safety Officer I
Marine Safety Officer
MSM467
33.56
35.39
37.35
39.40
41.58
0468
Marine Safety Officer II
Marine Safety Captain
MSM468
38.01
40.10
42.30
44.64
47.08
0105
Marine Safety Lieutenant
Marine Battalion Chief
MSM105
42.64
44.98
47.45
50.06
52.82
*Per Resolution 2020-XX adopted on 04/20/20, the job titles were changed.
53
City of Huntington Beach
File #:20-1831 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Sean Crumby, Director of Public Works
Subject:
Approve and authorize the execution of a License Agreement with Palermo Investments, LLC ,
for the 401 Main Street Project
Statement of Issue:
A License Agreement between the City and Palermo Investments, LLC (owner/developer), is
presented for City Council approval and execution for the 401 Main Street Project at the intersection
of Main Street and Orange Avenue.
Financial Impact:
No funding is required for this action.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute and record the “License Agreement
Between the City of Huntington Beach and Palermo Investments, LLC, to Provide Installation and
Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way” for the 401
Main Street Project.
Alternative Action(s):
Do not authorize execution of the License Agreement between the City of Huntington Beach and
Palermo Investments, LLC, with findings for denial, and direct staff accordingly. Absent this
agreement, the City would be responsible for construction and maintenance of the improvements
within the public right-of-way related to the subject project. This alternative action would result in
increased future maintenance costs for the City and will prevent the developer from satisfying the
project’s Conditions of Approval.
Analysis:
The 401 Main Street project is a redevelopment project located at the northwest corner of Main
Street and Orange Avenue. The project’s development requirements included the construction and
responsibilities for future maintenance of landscaping and hardscape improvements within the public
right-of-way along its street frontages on Main Street and Orange Avenue. To document this
responsibility, the developer/owner is required to execute the appropriate landscape maintenance
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File #:20-1831 MEETING DATE:9/21/2020
responsibility, the developer/owner is required to execute the appropriate landscape maintenance
agreement for all landscaping, irrigation, street furniture,and enhanced hardscape that encroaches
into the City right-of-way along the aforementioned street frontages. In addition to landscaping and
irrigation, the agreement also addresses sidewalk cleaning, trash cans, disposal of trash, signs, tree
replacement, and all other aspects of maintenance for areas in the City right-of-way.
Public Works Commission Action: Not applicable for this request.
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act, pursuant to
City Council Resolution No. 4501.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1.License Agreement between the City of Huntington Beach and Palermo Investments, LLC, to
Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the
Public Right-of-Way
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City of Huntington Beach
File #:20-1833 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Sean Crumby, Director of Public Works
Subject:
Approve and authorize execution of an Amendment to the Professional Services Contract with
Dudek for On-Call Construction Management and Engineering Services
Statement of Issue:
An amendment to the existing on-call professional services contract with Dudek for inspection
services is requested to increase the contract amount by $375,000, in order to meet project demands
for the Public Works Department’s utility and capital improvement projects being performed citywide.
This amendment would not impact the existing three (3) year contract term.
Financial Impact:
The City contracts with Dudek for inspection services for utility and capital improvement projects.
The majority of Dudek’s costs for utility inspection are covered by the inspection fees that the City
charges utility companies for new installations and upgrades. Additionally, Dudek supplies
supplemental inspection services for a portion of the City’s Public Works Capital Improvement
Program (CIP). Each approved CIP project has a budget containing sufficient funds for needed
inspection services. Public Works staff estimates that Dudek inspection services needed for the
remaining contract duration will total $375,000 beyond the current not-to-exceed limit, bringing the
total contract amount to $1,875,000.
Recommended Action:
Approve and authorize the Mayor and the City Clerk to execute “Amendment No. 1 to Agreement
between the City of Huntington Beach and Dudek for On-Call Construction Management and
Engineering Services” to increase the contract amount from $1,500,000 to $1,875,000.
Alternative Action(s):
Do not authorize this amendment and direct staff accordingly.
Analysis:
Utility infrastructure work in the City, including the installation, demolition, or modification of gas,
electrical, phone, and TV cable transmission lines and equipment, requires supplemental inspection
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File #:20-1833 MEETING DATE:9/21/2020
by a special utility inspector to ensure that the work in the public right-of-way adheres to the City’s
standards and requirements. This critical service minimizes the risk to public safety. In addition,
several of the City’s CIP projects require construction inspection services provided by on-call
consultants to ensure that projects are installed per specifications. Dudek provides these inspection
services for both utility and capital improvement projects.
The inspection services provided by Dudek for utility and capital improvement work are essential to
supplement work performed by City staff and to meet the needs of the City’s ambitious Capital
Improvement Program.
Dudek has a three-year, as-needed professional services contract with the City, which was approved
by City Council on November 5, 2018. The current contract has a not-to-exceed amount of
$1,500,000. As of July 2020, with approximately 15 months left on the contract, the encumbered
contract funds total approximately $1,467,000, and will reach the not-to-exceed limit by the end of
September 2020.
Staff estimates that total expenditures for the contract through the three-year duration will reach
approximately $1,874,000. Therefore, staff is requesting that the contract limit be raised an
additional $375,000.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Amendment No. 1 to Agreement between the City of Huntington Beach and Dudek for On-Call
Construction Management and Engineering Services
2. Original agreement of “Professional Services Contract Between the City of Huntington Beach
and Dudek for On-call Construction Management and Engineering Services”
3. Professional Service Approval Form - Amendment #1
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9F' City of Huntington Beach
GUNTYW)
File #: 19-1291 MEETING DATE: 1/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Tom Herbel, PE, Acting Director of Public Works
Subject:
Authorize use of existing on-call construction management/inspection contracts with Wallace
and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for City related
projects
Statement of Issue:
The City has existing on-call professional services contracts with Wallace and Associates,
Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for on-call construction management
and inspection services. When initially awarded, these contracts were approved for use on projects
listed in the Capital Improvement Program (CIP). Staff is requesting that Council authorize the use of
these contractors for any City related projects and activities.
Financial Impact:
No additional funds are requested at this time.
Recommended Action:
Authorize the use the existing on-call construction management/inspection contracts with Wallace
and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek for any City related
projects and activities including those in the approved CIP.
Alternative Action(s):
Do not provide this authorization
Analysis:
On November 5, 2018, Council approved new on-call professional services contracts with Wallace
and Associates, Consulting, Inc., Vali Cooper and Associates, Inc., and Dudek. At that time, the
approval for these contracts was limited to services to support staff for the construction of CIP
projects identified in the annual CIP. Staff is seeking authorization to use these contractors for
projects in the City including those identified in the CIP.
Environmental Status:
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File #: 19-1291 MEETING DATE: 1/21/2020
Not applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
None.
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City of Huntington Beach
r,
File #: 18-451 MEETING DATE: 11/5/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of Professional Services Contracts for On -Call Construction
Management and Engineering Services with Wallace and Associates Consulting, Inc., Dudek,
and Vali Cooper and Associates, Inc., each in the amount of $1,500,000
Statement of Issue:
The Public Works Department requires on call construction management, inspection, and other
engineering services to support staff for the construction of capital improvement projects, which are
identified in the annual capital improvement program.
Financial Impact:
The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for
approved projects citywide. Each approved CIP project has a budget containing sufficient funding for
design, environmental, engineering, construction, project management, and other required costs.
The three (3) recommended construction management and engineering service contracts have a
maximum value of $4,500,000 over the next three years and will be funded on an as -needed basis
within each project's individual CIP budget. As such, no additional funding is required by this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services
Contract between the City of Huntington Beach and Wallace and Associates Consulting, Inc. for On
Call Construction Management-nd-Ea.a.in.ear-iiio--Services.:-and.,tsee--W/a"rA&.(9
B) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional SerVis
Contract between the City of Huntington Beach and Dudek for On Call Construction Managemen
and Engineering Services; and,
C) Approve and authorize the Mayor and City Clerk to execute $1,500,000 Professional Services
Contract between the City of Huntington Beach and Vali Cooper and Associates, Inc. for On Call
Construction Management and Engineering Services.,Wkf Z"CA..,- (¢,J
Alternative Action(s):
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File #: 18-451 MEETING DATE: 11/5/2018
Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects
could be delayed until new contracts are approved.
Analysis:
On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On -Call
Engineering and Professional Consulting Services. Proposals were requested and submitted in
compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Nineteen (19) proposals
were received for construction management and engineering services. In accordance with
qualifications based selected procurement per the Federal "Brooks Act," State SB 419, and the City
of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works
Department established a review board.
Proposals were evaluated and ranked by a three (3)-member panel review team established by the
Public Works Department. The reviewers were a Senior Civil Engineer, and two (2) Public Works
Contract Administrators. After conducting the entire evaluation process, including negotiation for
competitive rates, the top four (4) firms were selected to increase the opportunity for competitive
proposals for future projects from qualified on call consultants. They are Wallace and Associates
Consulting, Inc.; Dudek; Vali Cooper and Associates, Inc.; and Arcadis, U.S., Inc. Due to the need for
professional engineering services for a high profile transmission water main relocation project, on
April 2, 2018, City Council approved the on call contract with Arcadis, U.S., Inc., leaving the
remaining top three (3) firms to seek approval at a later date. The Summary of evaluation sheets for
the top (4) firms, and the fifth (5th) firm not selected are shown in Attachment 4.
The contracts recommended in this Request for Council Action (RCA) are to support construction
management and engineering services for various capital improvement projects. These services
have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of
staff and/or to provide required expertise for unique projects. It is anticipated that these services will
be required based on past years. Each project is evaluated on a case -by -case basis to determine if
these as -needed contracts are necessary.
The City's Capital Improvement Program ("CIP") Fiscal Year 2018/19 CIP totals $24.7 million in new
projects. Typical design and construction support costs from use of consultants on a CIP project can
vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical
to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to
the City for total CIP projects or $6 million within the next three (3) years.
Construction management and engineering services are typically required for all CIP projects, such
as street improvements, traffic signal improvements, water improvements, sewer improvements, and
other City infrastructure improvements. Therefore, these consultants were selected to meet
projected workload over the next three years with a total contract limit of $4,500,000.
This agenda item does not require Public Works Commission Action.
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File #: 18-451 MEETING DATE: 11/5/2018
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and Wallace and
Associates Consulting, Inc. for On Call Construction Management and Engineering Services
2. Professional Services Contract between the City of Huntington Beach and Dudek for On Call
Construction Management and Engineering Services
3. Professional Services Contract between the City of Huntington Beach and Vali Cooper and
Associates, Inc. for On Call Construction Management and Engineering Services
4. Professional Service Award Analysis for Wallace and Associates Consulting, Inc., Dudek, Vali
Cooper and Associates, Inc., Arcadis, U.S., Inc., and Vendor #5
City of Huntington Beach Page 3 of 3
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DUDEK
FOR
ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
CITY,"and Dudek, a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on call
construction management and engineering services ; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Dave Carter who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on--flb!/,Bft&-r u , 20 /9 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed One Million and Five Hundred Thousand Dollars ($1,500,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature)
arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)
negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
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1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not
contain a self -insured retention without the express written consent of CITY; however an insurance
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
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A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
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be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
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other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Joseph Dale
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
When CITY's consent/approval
TO CONSULTANT:
Dudek
ATTN: Dave Carter
605 Third Street
Encinitas, CA 92024
760) 942-5147
is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
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covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
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CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
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Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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CONSULTANT,
Dudek
COMPANY NAME
A Californ}a Corporation
Dudek
V print name Chairman / CEO
ITS: (circle one) Chairman/PresidentfVice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California! r _ _ %)A
M r--------------
City Clerk Iz/fig
INITIATED AND AP ROVED:
irector of Public orks
i
APPROVED AS
Attorney &A,_/
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88
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide consulting services on an 'as -needed' basis for projects to be
determined during the term of the agreement. During the term of the agreement, CITY may elect to
solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the
scope of services, work schedule, and fee proposal submitted to CITY for its review and approval.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of
Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications
for On Call Construction Management and Engineering Services. Upon award, and the contract
period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT
must submit the names and qualifications of these staff to CITY for approval before commencing
work. CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the
Caltrans Construction Manual, the Federal Highway Administration requirements, and Caltrans
A&E Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant
Proposal DBE Commitment known as Exhibit 10-01 and/or 10-02, and Caltrans Disclosure of
Lobbying Activities known as 10-Q (Exhibit C).
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish scope of work request for each project.
2. Furnish construction plans and specifications to the CONSULTANT.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
EXHIBIT A 89
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been brought
into compliance, or until this Agreement has expired or is terminated as provided
herein.
1
Exhibit B 90
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B 91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
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27
28
29
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DUDEK
FOR
ON CALL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
IndependentContractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.. .................................................... ............................... 8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I 1
92
A`COR" CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
8/26/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REP RESENTATWE OR PRODUCER, AND THE CERTIF!CATE uri ncr_
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Hall & Company
A/E Insurance Services
19660 10th Ave NE
CONTACT
NAME: Allison Bar a Licesnse #OK93926
PHONE FAX
360-626-2007 A/C. c No): 360-626-2007
ADDRESS: abarga@hallandcompany.com
INSURERS AFFORDING COVERAGE NAIC 0PoulsboWA98370
INSURER A: Zurich American Insurance Company 16535
INSURED 25
Dudek
INSURER B : Steadfast Insurance Company 26387
605 3rd Street INSURER C :
INSURERD: Encinitas CA 92024
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:2057423335 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
YMM/DDYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY GLOO14631102 8/28/ 2018 8/28/2019 EACH OCCURRENCE 1,000,000
CLAIMS -MADE OCCUR
DAMAGE To
PREMISESS(Ea occurrence) 100,000
X MED EXP (Anyy one person) 10,000OCP/XCUBFPD
X Cross Liability PERSONAL & ADV INJURY 1,000,000APPROVEDASTOFOItM
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000S
POLICY 1K JECOT- LOC BY'-- ! PRODUCTS - COMP/OP AGG 2,000,000
OTHER: MICHAEL E. GATES
A AUTOMOBILE LIABILITY BAPOt C4°?)F HUNTINGTON 018 8/28/2019 COMBINED SINGLE LIMIT
Ea accident 1,000,000
X BODILY INJURY (Per person) ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident)
X PROPERTY DAMAGE
Per accident
HIRED X NON -OWNEDAUTOSONLYAUTOSONLY
A X UMBRELLA LIAB X OCCUR AUC014640702 8/28/2018 8/28/2019 EACH OCCURRENCE 1,000,000
AGGREGATE 1,000,000
EXCESS LIAB CLAIMS -MADE
DED I X I RETENTION $ n
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
WC014633002 8128/2018 8/28/2019 X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT 1,000.000ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? NI N / A
E.L. DISEASE - EA EMPLOYEE 1,000,000MandatoryinNH)
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000
B Professional Liab Claims Made PECO14631402 8/28/2018 8/28/2019 1,000,000 Per Claim
Contractors Pollution Liab. Occur 2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: As Needed Construction Management and Administrative Support
The City of Huntington Beach is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement
regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained
by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability,
Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured
I..CK I IYII..A I C MVLUCK UANUtLL.AI IUN
The City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
2Z 7,Zf 1988-
2015 ACORD CORPORATION. All rights reserved. ACORD
25 (2016/03) The ACORD name and logo are registered marks of ACORD 93
Waiver Of Subrogation (Blanket) Endorsement
Policv No. Eff. Date of Pot. Exp. Date of Pot. Eff. Date of End. Producer Add'l. Prem Return Prem.
GLO014631102 08/28/2018 08/28/2019 08/28/2018 N/A N/A s
N/A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If- you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from
others. we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to
any other operations in which the insured has no contractual interest.
1J-GL-925-B Cw (12/01)
Page 1 of I
94
Coverage Extension Endorsement
Policy No, Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No, AWL Prem Return Prem
BAP014632902 08/28/2018 08/28/2019 1 08/28/2018
N/A N/A N/A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage:
The following.are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts
performed within the scope of employment by you. Any "employee" of yours is also an "insured" while
operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your
permission, while performing duties related to the conduct of your business.
b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or
borrow to transport your clients or other persons in activities necessary to your business.
c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement.
d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract
or written agreement with you executed prior to any "accident", including those person(s) or organization(s)
directing your work pursuant to such written contract or written agreement with you, provided the "accident"
arises out of operations governed by such contract or agreement and only up to the limits required in the
written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.
2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other
Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you
executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained
by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond
the terms and conditions of the Coverage Form.
B. Amendment — Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability
Coverage are replaced by the fallowing:
2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an
accident" we cover. We do not have to furnish these bonds.
4) All reasonable expenses incurred by the 'insured" at our request, including actual loss of earnings up to $500 a
day because of time off from work.
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C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section 11— Covered Autos Liability Coverage does not apply.
D. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section]] —Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the
Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage
Coverage of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered
auto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and
b. Any:
1) Overdue lease or loan payments at the time of the "loss":
2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
3) Security deposits not returned by the lessor;
4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the
loan or lease; and
5) Carry-over balances from previous leases or loans.
F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:
We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is
disabled. However, the labor must be performed at the place of disablement.
G. Extended Glass Coverage
The following is added to Paragraph A.3. a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and
is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass
repaired rather than replaced.
H. Hired Auto Physical Damage — Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the
following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for
loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We
will pay for loss of use expenses if caused by:
U-CA-424-F CkV(04114)
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96
1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered
auto";
2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of toss Coverage is provided
for any covered "auto"; or
3) Collision only if the Declarations indicate that Collision Coverage is prodded for any covered "auto".
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.
I. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
1) Personal property owned by an "insured": and
2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
1) The reasonable cost to replace; or
2) The actual cash value.
c. The coverage prodded in Paragraphs a. and b. above, only applies in the event of a total theft of a covered
auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of
the following:
1 ) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other
documents of value.
2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches,
precious or semi-precious stones.
3) Paintings, statuary and other works of art.
4) Contraband or property in the course of illegal transportation or trade.
5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".
J. Tapes, Records and Discs Coverage
1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage
Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier
Coverage Form does not apply.
2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the
Physical Damage Coverage Section:
We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic
equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
a) Are the property of an "insured"; and
b) Are in a covered "auto" at the time of "loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical
Damage Coverage Deductible Provision does not apply to such "loss".
U-CA-424-F Clef (04114)
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97
K. Airbag Coverage
The Exclusion in Paragraph 113.3.a. of Section III - Physical Damage Coverage in the Business Auto Coverage Form
and the Exclusion in Paragraph 13A.a. of Section IV - Physical Damage Coverage in the Motor Carrier Coverage
Form does not apply to the accidental discharge of an airbag.
L. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
If an accident is covered Math by this policy or Coverage Form and by another policy or Coverage Form issued to you
by us, the following applies for each covered "auto" on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by
the amount of the smaller (or smallest) deductible.
M. Physical Damage - Comprehensive Coverage - Deductible
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to
Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations,
whichever is greater.
N. Temporary Substitute Autos - Physical Damage
1. The following is added to Section I -Covered Autos:
Temporary Substitute Autos - Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following
types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered
auto" you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos - Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or
omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other
party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it
replaces.
O. Amended Duties In The Event Of Accident, Claim, Suit Or Lass
Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice
of the "accident", claim, "suit" or " loss". However, these duties only apply when the "accident", claim, "suit" or
loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited
liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any
U-CA-424-F CW (04r14)
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98
agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate
the insurance afforded by this policy.
Include, as soon as practicable:
1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written
notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit';
2) The "insured's" name and address; and
3) To the extent passible, the names and addresses of any injured persons and witnesses.
If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your
failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon
as practicable after the fact of the delay becomes known to you.
P. Waiver of Transfer Of Rights Of Recovery Against Others To Us
The fallowing is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or
loss", provided that the "accident" or "lass" arises out of operations contemplated by such contract. This waiver only
applies to the person or organization designated in the contract.
Q. Employee Hired Autos — Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other
Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced
by the following:
For Hired Auto Physical Damage Coverage, the fallowing are deemed to be covered "autos" you own:
1) Any covered "auto" you lease, hire, rent or borrow; and
2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or
elected or appointed official with your permission while being operated within the course and scope of that
employee's" employment by you or that elected or appointed official's duties as respect their obligations to you.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
R. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or
2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not
provided to us prior to the acceptance of this policy.
S. Hired Auto -- World Wide Coverage
Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less,
T. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,
resulting from any of these at anytime. Mental anguish means any type of mental or emotional illness or disease.
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99
U. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section 11 — Covered Auto Liability
Coverage is replaced by the tollowing:
Expected Or Intended Injury
Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or
property-
V. Physical Damage —Additional Temporary Transportation Expense Coverage
Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you
because of the total theft of a covered "auto" of the private passenger type. We will pay only for those
covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will
pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and
ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its
loss".
W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto
The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or
auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost
of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a
maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative
fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease
agreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of
propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,
either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be
powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by
biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.
X. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay
only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.
Ail other terms, conditions, provisions and exclusions of this policy remain the same.
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100
Additional Insured — Automatic — Owners, Lessees Or Z I
Contractors
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem.
GL0014631102 1 08/28/2018 08/28/2019 08/28/2018 64955000
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured:
Address (including ZIP Code):
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
U-GL-1175-F CW (04/13)
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101
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
1 he additional insured must see to it that:
1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim;
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non-contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy
in which the additional insured is a Named Insured on such other policy and where our policy is required by a
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
U-GL-1175-F CW (04/13)
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Policy Number. WC014633002
k;VORKFRS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY VC 04 03 M
Ed, 4-84)
V-P tpWEROW'OUR R'GHT TO RECOVER AFROM OTHEERS ENDORSEMENT- CALIFORNIA
We
have the right to recover our payrnents from anyqne liable for an injury cover ed by tnis policy. We will n_nt enforce
our right against the person or organzaton named in the schedWe_ (T his argreement applie,,s only to they extent
that you perform, work under -3 written contract that, requires you to obtain this agreernent, Vlorll US.) You
must maip.ta rl payroll records accurately ceg-Exjating the re nlvneration of your employees while engaged in, ta
yvorX desuibed 'n fhe Schedule, addi'
mi, hor4lpre-miurnfor this endorse. ,nlshalibe 0 n?
iurn rctierwise&e Of'a such remuneration, gs
Person
or Organization R ALL
PERSONS AND/OR ORGANIZATIONS THAT ARE
REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
WITH THE INSURED, EXECUTED PRIOR
TO THE ACCIDENT OR LOSS, THAT WAIVER
OF SUBROGATION BE PROVIDED UNDER
THIS POLICY FOR WORK PERFORMED BY
YOU FOR THAT PERSON AND/OR ORGANIZATION
VV
G 2 z.--2 4 WC
11'14 03 0_1 ;Ed. 44 4; 9
of the California 4orkers' comoensaticn pre_
103
Exhibit A
9-11 YDIF*N
PREPARED BY
Dudek
31878 Camino Capistrano #200
San Juan Capistrano, CA 92675
800.451.1818
www.dudek.com
January 11, 2018
104
DUDEK
31878 CAMINO CAPISTRANO 4200
SAN JUAN CAPISTRANO. CALIFORNIA 92675
T 949 450 2525 F 949-450. 2626
January 11, 2018
Mr. Jim Slobojan
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Proposal for On -Call Construction Management Services
Dear Mr. Slobojan:
Dudek appreciates the professional relationship we have built with the City of Huntington Beach
City) over the past 10 plus years, and we look forward to strengthening that relationship by
continuing to provide quality, practical and cost-effective construction management, inspection, and
labor and funding compliance monitoring services. Over the years, we have worked as an extension
of City staff to successfully complete a number of City projects and we currently have two inspectors
working in the City's Inspection and Construction Management Division.
Dudek's construction management team specializes in municipal projects and has a successful record
of accomplishment working in the Orange and Los Angeles counties on a variety of sewer lift stations,
water line facilities, parks, buildings, and roadway projects. Our construction managers, engineers,
inspectors and support staff offer the right knowledge, resources and experience to match the City's
project needs —from complete turnkey construction management teams for large, complex projects
to the inspector for small projects. Dudek's staff includes construction managers (including
Professional Engineers); Certified Construction Managers (CCMs); inspectors (including NASSCO,
ICBO, ACI, Special and LEED-certified); resident engineers; on -staff schedulers proficient in Primavera
and Microsoft Project; Certified Professional Estimators (CPEs); labor compliance monitors and
administrative and specialty staff with excellent communication skills that are essential to
successfully managing complex, multi -party projects.
Our construction managers and inspectors are flexible and efficient in managing multiple projects for
the City, reducing the need for multiple consultant staff. Dudek has always provided the City
VVWW.DUDEK.COM
208 105
Mr. Jim Slobojan, City of Huntington Beach
On -Call Construction Management Services
requested construction managers and inspectors, and we have never pulled a "bait and switch" with
any of our staffing during the course of a project. We will provide staffing that does the job efficiently
keeping the City well informed. Most, if not all, of our staff have administered federally funded
projects using the LAPM and FHWA requirements, and have withstood Federal and State funding
source representative audits. In fact, our files typically receive a rating of "Excellent." We are also
familiar with labor compliance requirements and have added a subcontractor to our team, Alliant
Consulting Inc., who specializes in this field to support the City as required. Alliant has successfully
performed State and Federal Labor Compliance Oversight on hundreds of projects of similar size,
scope and funding source as anticipated future projects within the City of Huntington Beach,
covering work all over Southern California.
Our closest office to the City of Huntington Beach, and from which projects will be managed, is
located in San Juan Capistrano at: 31878 Camino Capistrano #200, San Juan Capistrano, CA 92675, T:
949.450.2525, F: 949.450.2626.
We have provided project descriptions of our experience that are representative of the projects the
City may need assistance in managing. We have included client contact information with each project
description, and we encourage the City to call our references as we are proud of the testimonies our
clients provide.
Authority to Bind the Firm: The individual with the authority to contractually bind the company is
Dave Carter, Chief Financial Officer. Mr. Carter designates George Litzinger, PE, Project Principal, as
his representative during the selection process and contract negotiations.
Dudek takes no exceptions to the City's Standard Agreement.
We appreciate your consideration of our proposal. Please contact me at (619) 980.7048 if you have
any questions or need additional information during the proposal selection process.
Sincerely,
George Mitzi ger, PE
Project Principal
Dave Carter
Chief Financial Officer
DUDEK 2 January 11, 2018
209 106
Table of Contents
1 Vendor Application Form........................................................................................................... iii
2 Firm Qualifications...................................................................................................................... 1
2.1 Firm Overview............................................................................................................... 1
2. 3 Project Experience and References........................................................................... 3
2.4 State & Federally Funded Project Experience.......................................................... 9
3 Staffing.......................................................................................................................................11
4 Understanding and Approach.................................................................................................13
4.1 Project Overview........................................................................................................13
4.2 Approach to Resolving Key Issues............................................................................13
4.3 Federal and State Funded Project Experience........................................................14
4.4 Wage and Labor Compliance....................................................................................14
4.5 Encroachment Permit Processing............................................................................15
4.6 Allocation of Resources and Budget........................................................................15
TABLES
1 Dudek Orange/Los Angeles County Project Experience........................................................ 2
2 Dudek's On -Call Construction Management Contracts......................................................... 3
3 Dudek's State/Federally Funded Project Experience...........................................................10
4 Summary of staff and Qualifications......................................................................................12
FIGURES
1 Dudek On -Call Contracts............................................................................................................ 3
2 Organization Chart ....................................................................................................................11
APPENDICES
A Resumes
B Supporting Documentation
D U D E K On -Call Construction Management Services
210 107
INTENTIONALLY LEFT BLANK
DUDEK On -Call Construction Management Services
211 108
1 Vendor Application/Prequalification Forms
REQUEST FOR PROPOSAL
VENDOR APPLICATION FORM
TYPE OF APPLICANT: NEW n CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement: Dave Carter
Corporate Mailing Address: 605 Third Street
City, state and zip code: Encinitas, CA 92024
E-Mail Address: dcarter@dudek.com
Phone:
760.942.5147
Dudek
Fax: 760.632.0164
Contact Person for Proposals: George Litzinger, PE
Title: Construction Management Division Manager E-Mail Address: 9litzinger@dudek.com
Business Telephone: 619. 980, 7048 Business Fax: 760. 744.4570
Is ,your business: (check one)
NONPROFIT CORPORATION • FOR PROFIT CORPORATION
Is your business: (check one)
0 CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
I of
DUDEK On -Call Construction Management Services
212 109
VENDOR APPLICATION/PREQUALIFICATION FORMS
Names & Titles of Corporate Board Members
Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
Frank Dudek CEO 760. 479.4227
Joe Monaco President 760.479.4296
Peter Quinlan VP Hydrogeology 760. 479.4127
Bob Ohlund VP Engineering 760.479.4120
Dave Carter CFO/Treasurer 760.479.4277
Emily Hart Secretary 760.479.4232
Federal Tax Identification Number:
95-3873865
City of Huntington Beach Business License Number:
A262143
If none. ,you must obtain a Huntington Beach Business License upon aw and ol'cou Traci. )
City of Huntington Beach Business License Expiration Date:
3/31 /2018
DUDEK On -Call Construction Management Services iv
213 110
VENDOR APPLICATION/PREQUALIFICATION FORMS
EXHIBIT A: PRE -QUALIFICATION FORM
ON -CALL CONSTRt CTION MANAGEMENT SERVICES
SERVICE CATEGORY PROPOSING`? Y/N
circle)
A. Construction Management l
G1 (Initial) Consultant is willing to execute the sample Agreement as drafted. including any other
pott tially more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See
Appendix B). Consultant is aware the actual Agreement "MAY" differ due to Caltrans requirement.
C.71 (Initial) Consultant is able to provide the insurance as required, including any other Potential)
more restrictive terms and conditions as outlined in Caltrans' LAPM Exhibit 10-R (See Appendix
B&C).
Firm Name: Dudek
Firm Address: 605 Third Street, Encinitas, CA 92024
Signature:. _ _ _ Date: January 10, 2015
DUrvDEK On -Call Construction Management Services
PAE1 111
2 Firm Qualifications
2.1 Firm Overview
Dudek is an employee -owned, privately held California
Corporation founded in 1980. For 35 years, California
municipal agency/public-sector clients have relied on Dudek
to deliver practical, workable, and cost-effective solutions
for infrastructure and construction management projects.
Dudek's Construction Management Division specializes in
public infrastructure and building projects, and private -
owner development projects. We employ construction
managers, inspectors (including special inspectors), resident
engineers, administrative personnel, and specialty staff who
blend technical knowledge with a commitment to meeting
client needs. Mr. George Litzinger, P.E., started the
Construction Management Division in 1985. Since then, our
team has managed complex projects throughout Southern
California involving multiple stakeholders such as regulatory
agencies, contractors, consulting firms, and municipal agencies.
Dudek Snapshot
California Corporation, founded 1980
400+ employees in 11 California offices
Employee -owned, financially stable
More than 25 current As -Needed
Construction Management and Inspection
Services contracts throughout Southern
California
Headquartered in Encinitas with a local
office in San Juan Capistrano
Staff Availability and Continuity
Dudek offers the City a team with accessible, committed staff who are ready to begin work immediately.
Internally, Dudek focuses on hiring and retaining the most qualified construction management and
inspection staff. We take care of our professionals. As a result, we have low staff turnover and career
longevity. We can deliver a team that will stay dedicated to project assignments and committed to
responding to project needs or changes promptly.
Diverse Capabilities
Dudek's mid -sized structure means we are small enough to provide customized services to meet the
needs of the community, while still having the depth of experience available, as needed. A simple phone
call or e-mail to other Dudek staff members can provide our project managers a broader perspective
from a diverse group of seasoned professionals. This is an added benefit to each project we undertake,
without adding any cost.
DUDEK On -Call Construction Management Services 1
215 112
FIRM QUALIFICATIONS
Our In -House Team Includes:
Construction Managers —Certified
CCMs
California Licensed Professional Civil
Engineers— P. E.s
NASSCO-Certified Inspectors
ICBO/ACI Certified Inspectors
Schedulers— Experts in Primavera and
Microsoft Project
Cost Estimators —Certified
Professional Estimators (CPE)
Caltrans Inspectors — with LAPM
Experience
Local Presence and Experience
Dudek has offices in San Marcos, Pasadena and San Juan Capistrano from which projects will be managed.
Dudek has extensive experience providing construction management and inspection services throughout
Orange and Los Angeles counties and the surrounding areas. We have provided as -needed and project -
based services to the cities of Huntington Beach, Cypress, Irvine, Lake Forest, San Clemente, Rancho
Santa Margarita, San Juan Capistrano and Anaheim. Consequently, Dudek has an excellent rapport with
the County's and affected cities' departments, as well as the utility companies that service the area,
which will be an asset on the City's upcoming projects. Through our work in the area, Dudek has worked
with many of the local contractors that will be bidding on the construction of the City's various projects.
The expertise of our construction management team and knowledge of the construction process and
procedures gives our team a thorough knowledge of the construction climate in the area and ability to
successfully serve the City. The following is a partial list of Dudek's local Orange and Los Angeles county
project experience in the last seven (7) years.
TABLE 1. DUDEK ORANGEILOS ANGELES COUNTY PROJECT EXPERIENCE
Agency
City of Huntington Beach
Projects
Various projects through our current As -Needed Contract
City of Anaheim Recycled Water Plant, Pipeline and Pump Station
City of Lake Forest ADA Ramp Phases 5-9
City of Lake Forest FoothilVBake Slurry Resurfacing
City of Lake Forest Saddleback Road Modifications
City of San Clemente 10 miles of Recycled Water Pipelines
City of San Clemente 48" RCP/Pipe Storm Drain Project
City of San Clemente Beach Stair & Bridge Pier Modifications
City of San Clemente Ole Hanson Historic Building Renovation
City of Irvine Scheduling Assistance
City of San Juan Capistrano Sewer Lining -CIPP-NASSCO
City of Culver City Sewer Lining-CIPP-NASSCO Sewer Main Lining Phases I, Il, III
City of Rancho Santa Margarita Various projects through as -needed contract
City of Culver City Sewer Main Lining Phase IV
DUDEK On -Call Construction Management Services 2
216 113
FIRM QUALIFICATIONS
2.3 Project Experience and References
On -Call Contract Management Expertise
With over 80 successful on -call municipal contracts to date (see Figure 1), Dudek has built a reputation for
providing supplementary construction management, inspection, federal funding expertise, scheduling,
cost estimating, environmental, planning, regulatory, engineering, and operations services offering public
agencies a cost-effective way to accomplish short- and long-term goals. With our skilled staff, we expand
your ability to tackle more projects, and expedite complex project processing by leveraging our long-
standing relationships with regulatory agencies.
FIGURE 1. DUDEK ON -CALL CONTRACTS
ON
Dudek has the resources and staff to meet the needs and requirements of the City's projects. The key to
providing as -needed services is to be flexible and responsive to the needs of the projects, especially in
construction. Construction is very unpredictable and contractor's schedules can change daily. Dudek is
accustomed to responding to the changing schedules and being proactive to minimize underutilized staff
working on a daily basis with the contractor.
TABLE 2. DUDEK'S ON -CALL CONSTRUCTION MANAGEMENT CONTRACTS
City of Del Mar
City of San Marcos
City of Hemet
City of Riverside Parks & Rec. Dept.
City of Desert Hot Springs
City of Fontana
City of Menifee
City of Culver City
City/County/Port of San Diego City of Whittier
San Diego County Water Authority City of Anaheim
SANDAG City of Huntington Beach
City of Rialto City of Moreno Valley
City of San Clemente City of Irvine
City of Lake Forest City of Thousand Oaks
City of National City City of Cypress
City of Pomona City of Stanton
DUDEK On -Call Construction Management Services 3
217 114
FIRM QUALIFICATIONS
City of Huntington Beach, As -Needed CM and Inspection Services
Client: City of Huntington Beach
Client Reference: Andy Ferrigno, 714.536.5291, afemgno@surfcity-hb.org/Joe Dale, 714.536.5915
Project Dates: 2008 - Ongoing
Key Staff: George Litzinger, Eric Honour, John Przybyszewski, Al Olea, Jason Linsdau
Since 2008, Dudek has been providing construction
management and inspection services on several of the City's
water and wastewater projects. We recently provided two in- — -' -1w— AP
house inspectors who provided inspection on a wide variety of
projects. Dudek's services were typically a full turnkey CM team ,-
construction manager, inspector, and special inspectors —
providing typical services such as administration, daily and special inspections, manage schedules, change
orders, document control, progress payments, submittal review, RFI review, cost estimates, as -built
drawings and 0&M manuals, start-up and project closeout, and warranty period support.
A list of recent construction management and inspection of projects for the City include:
Project
WAGS Warner Avenue Gravity Sewer Project
Year
2014
FederallState Funding
Trinidad Pump Station Rehabilitation Project 2015
Water Well #5 Security Improvement Project 2015
Zone 8 Residential Overlay Project 2015
Tree Petition 2015
Gothard/Center FDR Street Rehabilitation 2016
Sewer Slip Lining 2016
Main St. Talbert, Heil Street Paving Rehabilitation 2016
Zone 12 Residential Overlay Project 2016
Brookhurst Frontage Road Rehabilitation Tree Petition 2016
Nichols FDR Street Rehabilitation 2016
Magnolia Bridge Preventive Maintenance Project 2017
Brookhurst Bridge Preventive Maintenance Project 2017
Atlanta/Adams Street Paving Rehabilitation 2017
Worthy Park Reconfiguration Project 2017
Warner 1 Edinger Street Paving Rehabilitation 2017
Edinger Widening 2017
Atlanta/Indianapolis Street Paving Rehabilitation 2017
Zone #10 Residential Overlay Project 2017
Operetta Dr. Rehabilitation Tree Petition 2017
Heil & Main St FDR Street Rehabilitation 2017
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City of Lake Forest, As -Needed CM and Inspection Services
Client: City of Lake Forest
Client Reference: Doug Erdman, P. E., Principal Civil Engineer, 949.282.5233
Project Dates: January 2012-Ongoing
Key Staff: George Litzinger, Eric Honour, Garrett White, John Przybyszewski
Since 2012, Dudek has been providing construction
management and inspection services on several road and
traffic signal improvement projects. Over the last two (2) years,
we have provided the City with construction managers and
inspectors on five (5) different capital improvement program
CIP) projects.
Recent construction management and inspection projects for the City of Lake forest include:
Lake Forest Bake Parkway Resurfacing Project 2014: 2" grind and asphalt overlay of approximately 137,000
SF on an active arterial roadway. Removal and replacement of existing curb and pedestrian ramps was
also included. Contract Value: $386,997.
Lake Forest Foothill Ranch Slurry Seal Project 2014: 520,000 SF of asphalt pavement slurry seal and repair
of various existing concrete curb and sidewalk within residential neighborhoods. Contract Value:
983,487.
Lake Forest ADA Ramps Project 2013: 52 individual ADA compliant pedestrian ramps within various
residential neighborhoods throughout the city. Processing of the required Community Development
Block Grant, (CDBG), and compliance documents was also included. Contract Value: $117,752.00
Lake Forest Resurfacing Project 2013: T 2" grind and asphalt overlay of approximately 267,000 SF on two
separate active arterial roadways. Contract Value: $817,550.
Lake Forest Portolla Hills Slurry Seal Project 2013: 475,000 SF of asphalt pavement slurry seal and repair of
various existing concrete curb and sidewalk within residential neighborhoods. Contract Value: $745, 421.
All projects Federal or State Funded
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FIRM QUALIFICATIONS
Recycled Water System Expansion Project
Client: City of San Clemente
Client Reference: Amir Ilkhanipour,-949.361.6130, ilkhanipour@san-clemente.org
Project Dates: January 2013-May 2014
Key Staff: George Litzinger, Marius Jaskula, Chad Costello, Garrett White, John Przybyszewski
The City of San Clemente expanded its recycled water system by
constructing multiple projects in three concurrent phases —
Water Reclamation Plant Expansion and Pump Station
Projectl), Cordillera and Recycled Water Reservoirs and
Pipeline Schedule III & IV (Project 2), and Pipeline Schedule I & II
Project 3). Dudek provided construction management and
inspection services for projects 2 & 3 and also coordinated with the treatment plant construction.
Projects 2 & 3 included over 10 miles of recycled water transmission mains (6-inch to 20-inch PVC and
ductile iron), an existing reservoir conversion and a new small reservoir. These projects were funded from
several Federal and State grants and an SRF loan. The project was bid as three separate construction
contracts and Dudek managed two separate contractors.
Dudek also provided corrosion protection engineering services and inspection on Project 1 (the City
provided construction management on this project). Dudek coordinated with all stakeholders involved
on the projects, including several City Departments and its consultants for required special inspection,
geotechnical engineering, environmental, engineering, traffic control plans, County Department of
Health, and all utility companies.
Included with the project was the installation of over 3,000' of 16" HDPE pipe that was pulled through an
existing steel casing. The new HDPE pipe was a replacement sewer force main pipe that ran from an
existing pump station to an existing manhole.
Project Features
0 CWSRF Loan Funding
Proposition 50 Grant Funding
EPA Grant Funding
10,000 LF of open trench construction in City streets
Extensive public relations effort with businesses and residents
Coordination of numerous tie-in
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Water Recycling Demonstration Project
Client: City of Anaheim
Client Reference: Bill Moorhead, 714. 765.4165, bmoorhead@anaheim.net
Project Dates: November 2010-January 2014
Key Staff: George Litzinger, Manus Jaskula, Jason Linsdau, Garrett White
Dudek recently provided construction management and
inspection services for the Water Recycling Demonstration
Project, which serves as a demonstration project show casing
the viability of recycled water and the value of conserving limited
potable water supplies. The project consists of a 100,000 gallon
per day (gpd) capacity water reclamation facility (WRF) at the
north side of the City Hall. The project was designed and constructed in phases to reduce the initial cost.
The first phase of the project consisted of a 50,000 gpd water recycling facility that could be expanded to
100,000 gpd in the future.
Jimmy Durante and Via De La Valle Street and Pipeline Project
Client: City of Del Mar
Client Reference: Joe Bride, Deputy Public Works Dir., 858-755-3294, jbdde@delmar.ca.us
Project Dates: February 2015 to June 2015
Key Staff: George Litzinger, Jason Linsdau, Garrett White, Paul Buckley
Dudek provided construction management, inspection, and special
inspection on this project. As part of a multi -year project, street,
sidewalk, waterline, sewer and drainage improvements along a
southeast portion in the City of Del Mar, this multi -phase project
included the construction of about 5,000 feet of new curbs and
gutters, 32,000 square feet of sidewalks, five retaining walls, 5,000
feet of water and recycled water line replacement, 30 water
service reconnections, 1,000 LF of sanitary sewer line replacement
and 500,000 square feet of pavement rehabilitation with extensive
traffic control and public outreach effort.
This project was funded by a Transnet Funds administered through SANDAG. Dudek was responsible for
administering the funding during the project and enforcing work force and prevailing wage requirements
in accordance with prevailing wage requirements.
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City of San Marcos, As -Needed CM and Inspection Services
Client: City of San Marcos
Client Reference: Jim Chafe, Deputy PW Inspector, 760.594.4710, jchafe@san-marcos.net
Project Dates: January 2009-Ongoing
Key Staff: George Litzinger, Marius Jaskula, Jason Linsdau, Garrett White
Since 2009, Dudek has been providing CM and inspection services on several road, drainage, and park
projects. Over the last 8 years, we have provided construction managers, inspectors, special inspectors on
over 30 different CIP projects. Dudek provides qualified construction managers or inspectors to meet
each of their requests depending on the type/level of staffing required, typically on short notice. The
City's staffing needs vary from needing only a single inspector or construction manager to a full turnkey
construction management team. The services provided to date have included construction management
and administration, daily and special inspections, schedule management, change orders, document
control, progress payments, submittal review, RFI review, cost estimates, as -built drawings and
operations and maintenance manuals, start up and project closeout, and warranty period support.
Dudek provided a construction manager for the following projects (construction value):
Barham Drive Widening and Overlay ($4.5 million), Barham Drive Wall ($500,000),
Buelow Park and Autumn Drive Improvements ($2 million)
Connors Park ($2 million)
Coronado Hills Emergency Drainage Repairs ($75,000)
Realignment of Mission Street and Pacific Street ($250,000)
2008 Highway Safety Improvement Projects ($450,000)
Reconstr. of Mission Rd. at Knoll Rd. ($300,000), Reconstr. of Mission & Pacific St. ($250, 000)
2012 through 2017 City Wide Surface Seal Projects — Slurry Seal of approximately 4M SF per
year of residential and arterial streets ($5 million)
Rancho Santa Fe Rd. Rehab ($3 M) Full depth pavement rehab for 2 miles of arterial street
Dudek provided an inspector for the following projects:
Creekside Marketplace Building Addition ($2 Million)
Discovery Street Median Improvements ($100,000)
Various development and utility projects ($60 million)
Descanso Street Box Culvert ($750,000)
San Marcos Boulevard Sewer Extension ($400,000)
Rancho Santa Fe Road Fiber Optic Interconnect ($250,000)
Inland Rail Trail Project ($2,700,000)
Slurry Seal of Grand Avenue and San Marcos Boulevard ($40,000).
Sidewalk Repair and Replacement Project, San Elijo Town Center ($100,000)
Bradley Park Field Re -Grading Project ($600,000)
2012 through 2017 City Wide Surface Seal Projects— Slurry Seal of approximately 4M SF per
year of residential and arterial streets. ($5 million)
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City of Fontana Community Senior Center
Client: City of Fontana
Client Reference: Candy Thomas, 909.350.6644, cthomas@fontana.org
Project Dates: September 2008-February 2011
Key Staff: George Litzinger, Bill Harrison, Al Olea
Dudek provided CM and inspection services for the City of
Fontana's 42,320-square-foot senior community center, which is
located on a two -acre site. Project responsibilities included
preconstruction project management, construction
management, quality control inspection, testing coordination,
document control, and change order management. The center
houses a fitness and exercise room, digital theater, multiple arts and crafts rooms, billiards room,
computer center, library and gallery, card parlor, and counseling and screening exam rooms, as well as
staff administration offices, a commercial kitchen, a cafe, a multipurpose room, and an outdoor patio.
Winner of the CMAA Southern California Chapter 2011 Project Achievement Award for New
Construction Buildings Under $10 million
2.4 State & Federally Funded Project Experience
With state and/or federally funded projects, all documentation must be in order so that the City gets
timely reimbursement. The Dudek team has a strong federal and state -funded project track record
regarding audits and has successfully passed every one. The City can rest assured that Dudek will be in
compliance with Caltrans and that the City will get their money. The key to success is to develop a clear
understanding of project issues that will be encountered during construction. Dudek's approach is to
make certain that our understanding of project issues and the methods we implement to manage the
project are consistent and mutual to that of the City and per the Caltrans Local Assistance Procedures
Manual (LAPM). Our goal will be to develop and propose solutions to issues, implement a management
plan that addresses the scope of work, and provides a "hands-on" team of construction professionals
that will be maintained throughout the project. Dudek personnel all have Caltrans experience, have
worked with the Caltrans LAPM and are accustomed to coordination with their staff.
Dudek has completed numerous federal and/or state -funded projects. We have coordinated with
Caltrans on many projects and have continuously received praises for our project files and
compliance with the Caltrans LAPM. Table 2 highlights our relevant recent experience.
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FIPhA QUALIFICATIONS
TABLE 3. DUDEWS STATE/FEDERALLY FUNDED PROJECT EXPERIENCE
Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project City of El Centro
Dogwood Avenue Improvements Project State Street to Interstate 8 City of El Centro
Rancho Santa Fe Road Improvement Project City of Carlsbad
Jimmy Durante Blvd Street Project City of Del Mar
Lake Forest Slurry Seal / ADA Work City of Lake Forest
Wastewater Treatment Plant Expansion Goleta Sanitary District
Newport Road Widening and Enhancement Project City of Menifee
Recycled Water System Expansion Project City of San Clemente
Towncenter/Portico Industrial Development City of Calexico
Intersection Improvements Van De Graaff Ave. & Cole Blvd. City of Calexico
Connors Park City of San Marcos
Sewer, Water, Arterial Paving Project City of Del Mar
2015 City Wide Slurry Seal Project City of San Marcos
Reconstruction of Mission Road at Knoll Road City of San Marcos
Buelow Park and Autumn Drive Improvements City of San Marcos
Traffic Signal Modifications at Mission Road and Pacific Street City of San Marcos
Dudek has no failed audits or denied reimbursements in the past 10 years.
Received "Excellent' rating for our files — see Appendix B for commendation letter.
Federal and State Funding Agency Contacts:
Martin Taylor
CWSRF— Performed Site Visits and Project Files Audits
Projects: City of San Clemente Recycled Water System Expansion Project and Goleta Sanitary District
WWTP Expansion
Contact: mtaylor@waterboards.ca.gov, P: 916.341.5416
Bill Wilder, Construction Monitor
Caltrans District 11 Local Assistance
Projects: City of Carlsbad Rancho Santa Fe Road Project, City of El Centro Dogwood Avenue Project and
City of Calexico Towncenter Project
Contact: bill.wilder@dot.ca.gov, P: 858-616-6527
Anna M. Alonso, PE - Senior Construction Oversight Engineer
Caltrans District 11 & 12 Local Assistance
Projects: City of Huntington Beach Warner & Edinger paving rehab project and Atlanta & Adams street
paving and rehab project
Contact: anna.alonso@dot.ca.gov, P: 657-328-6170
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3 Staffing
To staff as -needed contracts appropriately, Dudek selects staff members who will be the most
responsive, applicable, and efficient to meet client needs. George Litzinger, PE, is the management
contact for the City and will serve as project manager and principal -in -charge for the City's projects. For
this contract, Mr. Litzinger has assigned Southern California team members who are conveniently
located, skilled to match the variety of City needs, and committed for the duration of the contract.
We have added Alliant Consulting Inc., a DBE/WBE/SBE certified company, to our team to provide labor
compliance oversight services. Over the past 15 years, Alliant has provided these services on more than
1 billion of combined construction projects for municipal agencies throughout Southern California. They
are current with new regulation changes implemented by State and Federal Agencies to monitor and
enforce labor compliance with contractors accordingly. This includes all of the State and Federal
Davis -Bacon prevailing wage requirements, which will be enforced on the proposed projects within
the City of Huntington Beach. Figure 2, Organizational Chart presents our proposed team for this
contract. Resumes outlining individual experience and certifications are provided in Appendix A.
FIGURE 2.ORGANIZATION CHART
PROJECT PRINCIPAL!
MANAOEMENTCONTACT
George L dmw. PE
ALTERNATE PROJECT
MANAGEMENT CONTACT
Jason Linsdau
CONSTRUCTION MANAGERS
LJ
R POOL
Jason Lklsdau. CCM, NASSCO SP. NASSCO
Specialty: Parks, Water/ Tr R.-- i
Wastewater
ua, PEEricHonour
yszewskiSpecialty' Parks, Ba/k#ngs. leaRoadSBuckley
Bill Gallegos
Specialty: Roads. Water/
Wastewater
Alec Anderson, PE
Specialty' GwteCtlnlCal/ SCHEDULINGIESTIMATINGI
ONTRAjFgUNDiNGMTRATIOTunnels?W3Stewater VERAIGONSTRUCTABI
REVIEWMALUE ENGINEERING EDERALt LUU8CManusJaskula, PE _ IncSpecialty: Roads. Water!ErN:amour(DB/SBE)
Wasfewater/Parks
FIRM LEGEND
Dudek
CERTIFIED BUILDING
INSPECTOR POOL
SPECIAL INSPECTOWv..-..
COATINGS1WEWBill Rail s.
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STAFFING
TABLE 4. SUMMARY OF STAFF AND QUALIFICATIONS
George Project Principal/ Professional Civil Engineer CA No. 47544 FHWA, Caltrans, CWSRF,
Litzinger. PE Management Contact CA Contractor Engineering Class "A" License No. 731744 Prop 50, EPA, CDBG, NAD
Landscape License C-27 Bank
Jason Linsdau, Alternate Management CMCI Certified Construction Mgr., ID #5042 FHWA, CDBG, HUD,
CCM, NASSCO Contact NASSCO Certifications: ITCP; PACP; MACP Caltrans, Transnet
AGC Advanced SWPPP Training 8-Hour Course
Eric Honour Construction Manager Level II OSHA Safety Training FHWA, CDBG
General Contractor B License
Bill Gallegos Construction Manager US Army Corps of Engineers FHWA, CWSRF, Caltrans,
Vicksburg Educational and Experimental Center NAD Bank
Various 80-Hour Courses (see resume)
Alec Anderson, Construction Manager Professional Civil Engineer CA No. 83612 Caltrans, CWSRF
PE HAZWOPER 40-Hour
Marius Jaskula, Construction Manager Professional Civil Engineer CA No. C61060 Caltrans, CWSRF, Prop 50,
PE, CCM CMCI Certified Construction Manager, ID #A1588 EPA
U.S.A.C.E. Construction Quality Management Cert.
Garrett White, Inspector ACI Concrete Field Testing Technician Grade I FHWA, Caltrans, CWSRF
QSP. NASSCO ACI Concrete Repair Basics
Qualified SWPPP Practitioner (QSP) #23394
OSHA 10-Hour Confined Space Safety & Training Cert.
NASSCO Certifications: NASSCO certified Trainer,
ITCP; PACP; MACP
Chad Costello Inspector American Concrete Institute 8-hour seminar Caltrans, CWSRF, Prop 50,
American Shotcrete Institute 8-hour seminar EPA
Ryan Ruiz, PE, Inspector Professional Civil Engineer No. C86394 Caltrans, CWSRF
QSP. NASSCO CESSWI
Qualified SWPPP Practitioner (QSP)
NASSCO Certifications: ITCP; PACP; MACP
John Inspector South Coast Air Quality Management District Fugitive FHWA, Caltrans
Przybyszewski Dust Control Certificate
Al Olea Inspector Hazmat Certified CFR-49 Caltrans, CWSRF
ICBO-Certified Building Inspector
Paul Buckley Inspector Caltrans
Bill Reeves, Special Inspector AWS Certified Welding Inspector: AWS CWI CWSRF
CWI Certified ICC Structural Welding
Certified ICC Structural Steel and Bolting
Certified ICC Fireproofing
City of San Diego Steel and Welding
OSHA Certified Safety Technician - OSHA 30 hour
Training, MSHA & First-Aid/CPR
All Caltrans work was completed using the LAPM
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4 Understanding and Approach
4.1 Project overview
Dudek understands the City is looking for a professional consultant to provide on -call construction
management, inspection, and labor compliance services on a variety of City projects. With this proposal,
Dudek presents an array of construction management services and expertise —a toolkit for the City to
initiate and complete projects over the next three (3) years. Our assembled team offers a broad range of
expertise under an experienced project manager. The Dudek team approach is to provide the City with
construction management and inspection services that facilitate projects that are completed per code, on
time, within budget, to City's standards and Federal and State Funding requirements.
4.2 Approach to Resolving Key Issues
Our proposed staffing has provided construction management, resident engineering, and inspection
services on all types of projects throughout Orange County. Based on our experience, there are four
essential issues that must be addressed that are the foundation of all successful projects. As a firm, we
train and expect our construction managers, resident engineers, wage compliance monitors and
inspectors to identify and proactively address these issues throughout the project.
Establish a Single Point of Contact
Establish yourself as the single point of contact between the owner and the contractor. One person must
be in charge of the project and responsible for overall project coordination. This has to be established
from the beginning of the project in order for the construction manager to effectively administer the
contract, maintain proactive communication with all stakeholders, promptly resolve issues when they
arise, properly document the project, conserve the project budget and contingency, and stay firm with
the contractor. All correspondence between the owner/agency/contractor must go first through the
construction manager. This eliminates misunderstandings and misdirection.
Maintain a Strict Adherence to the Contract Documents
We have found most unnecessary disputes/claims are ultimately the result of allowing the contractor to
stray from the contract requirements during the course of the project. Once this has occurred, it is nearly
impossible to get strict control of the contractor back, so it is critical that the CM maintains strict
adherence to the contract documents in handling all issues in dealing with the contractor. The CM and
inspector must be firm and fair in all dealings with the contractor throughout the project.
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UNDERSTANDING AND APPROACH
Timely Response to Issues
The key to avoiding controllable schedule delays are timely responses to submittals, RFIs, and other
contractor inquiries. It is essential these issues are dealt with expeditiously, which requires the
construction manager to pre -review all submittal/RFIs/change orders that need to be reviewed by the
design engineer or owner, and regularly follow up with the reviewers to ensure these items are reviewed
promptly. Coordination meetings and conference calls will be scheduled to discuss and resolve all issues
as quickly as possible rather than tabling these items to be resolved at a later date.
Ensure Quality Assurance
Dudek believes the most important role we perform on the project will be quality assurance of the work
during construction. We want to ensure there is no lingering long-term maintenance issues left for the
owner due to lack of or improper inspection. Dudek will provide the proper, qualified personnel; we have
an exceptional mix of construction managers, resident engineers, and inspectors with specialties in civil,
mechanical, structural, and electrical disciplines on sewer lift stations, water lines, parks, and roadway
rehabilitation projects. Our proposed staffing has a history of successful completion of high -quality
projects in the Orange County area. They will be responsible for documenting, testing, and coordinating
material testing/special inspection to ensure all work is constructed in accordance with the contract
documents; if work does not meet these standards it will be rejected and reworked until it is acceptable.
4.3 Federal and State Funded Project Experience
The personnel selected for this contract all have Federal and State funded project experience and are
accustomed to administering projects in accordance with LAPM and FHWA requirements. As a firm
Dudek has successfully completed numerous Federal and/or State funded projects as noted above with
no denied reimbursements on any projects. We have successfully completed Caltrans and CWSRF audits
on many projects and have continuously received praises for our project files and compliance with the
LAPM. We have also administered and provided third party enforcement of projects with Community
Development Block Grant (CDBG) funding and sublease payments for The Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 funded projects.
4.4 Wage and Labor Compliance (Key Consultant— Alliant)
We understand the importance of labor and wage compliance and will utilize the expertise of our
subconsultant Alliant Consulting to ensure compliance on projects. These consequences can range from
denial of reimbursements to large fines and civil actions. Wage and labor compliance will start at the pre-
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UNDERSTANDING AND APPROACH
construction meeting where the contractor and subcontractors will be provided with a summary of
project wage and labor compliance requirements for each project. We will follow up with contractor
training sessions, if needed, to be sure they understand how to properly fulfill their requirements.
Certified payroll submissions will be reviewed to verify correct prevailing wage rates are paid and we will
perform full audit reviews to ensure proper licensing and classification, and payment of overtime and
holiday pay. Fringe benefits, trust payments, and training fund contributions for hours worked on site and
to confirm payments were made accordingly will be reviewed. Apprenticeship certificate of registration,
both State and Federal, will be reviewed to be sure the apprentices have been properly registered. The
apprentice to journeymen ratios per classification or trade for the labor performed on site, as well as
reviewing that the work performed is within the scope of work for which they are registered. Should the
contractor be out of compliance, the contractor and City will be notified immediately in writing and we
will follow through the wage and penalty collection phase until the issue is fully resolved.
4.5 Encroachment Permit Processing
Our inspectors have extensive encroachment permit inspection experience and are currently acting as
City inspectors for a variety of utility projects. We also have extensive experience with the City of
Huntington Beach, City of San Marcos, and City of Lake Forest on many types of public and private utilities
and development projects. Our inspectors have reviewed, issued, tracked, and inspected hundreds of
encroachment permit projects and through this experience, we have gained the requisite knowledge to
propose methods to better track permits, as it can become onerous at times.
4.6 Allocation of Resources and Budget
The Dudek team is composed of a wide range of experienced, local talent with depth to meet any of the
City's needs. George Litzinger, PE a firm principal who leads Dudek's construction management practice,
will be assigned as the City's main contact. Mr. Litzinger will be supported by the Dudek team of
construction managers, inspectors, special inspectors, and wage compliance monitors. Mr. Litzinger will
assign personnel with directly relevant experience and training related to each task order. Prior to
initiating contract management services in support of each task order request, Mr. Litzinger and his team
will develop a project procedures plan based on five elements per the City's requirements: Team, Budget,
Schedule, Lines of communication, QA/QC control. Each element will be part of the management
approach and will be used for allocation of staff resources, establishment of budget and schedule
milestones, and assessment of progress during the course of work.
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APPENDIX A
Resumes
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George Litzinger, PE
Project Principal/Management Contact
George Litzinger has more than 30 years' experience, leadership, EDUCATION
and supervision in engineering and construction. As project director, United States International University, San
he supervises the Construction Management Division and is Diego, BS Civil Engineering
responsible for all of Dudek's construction projects and programs CERTIFICATIONS
ranging between $50 million and $100 million. In managing Professional Civil Engineer CA No. 47544
construction projects, his duties typically include: contract California Contractor Engineering Class "A"
administration, cost control, scheduling, contract bidding/award, License No. 731744
constructability reviews, field engineering, project coordination, Landscape License C-27
claims management, and estimating. Mr. Litzinger has managed a
variety of projects for both the private and public sectors, including water treatment plants, reservoirs, pipelines,
golf courses, small dams, subdivisions, streets and roads, drainage projects, treatment plants and fire stations.
Sample Relevant Projects:
As Needed
Principal/Contract Manager for over 25 As -Needed CM & Inspection Services contracts throughout
Southern California
Public Infrastructure Facilities
Towncenter/Portico Industrial Development, City of Calexico
Ramona Municipal Water District Construction Management Services — Mr. Litzinger provided CM
services for over $30 million worth of RMWD Capital Improvement Projects
Olivenhain Pipelines Phase H ($25 Million)
Laguna Beach County Water District Construction Management Services — Mr. Litzinger managed
the construction of approximately $6 million in construction projects
Poway and Olive Street Pump Stations, County of San Diego
Transportation
Rancho Santa Fe Road Widening, City of Carlsbad, California.
Street Rehabilitation Projects, City of Coachella, California.
Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project, City of El Centro.
Newport Road Widening and Enhancement Project, City of Menifee.
Parks/Golf Courses
Alga Norte Community Park, Carlsbad, California.
Poway Swim Center and Community Park, City of Poway, California.
The Crossings at Carlsbad Municipal Golf Course, Carlsbad California.
Public Buildings
Carlsbad Safety Training Center, City of Carlsbad
Fontana Senior Community Center, City of Fontana
Police Facility Headquarters Improvement, City of Fontana
Headquarters Improvements, Orange County Fire Authority, California.
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Jason Linsdau, CCM, NASSCO
Construction Manager/Alternate Management Contact
Jason Linsdau has more than 13 years' supervision and leadership
experience in engineering and construction. As a construction
manager/resident engineer, he manages construction projects ranging
between $1.5 million and $25 million. His responsibilities include project
management, contract administration, cost control, scheduling,
constructability reviews, field engineering, project coordination, claims
management, and estimating. Mr. Linsdau has worked on a variety of
projects for public agencies and municipalities, including parks, fire
stations, administration buildings, reservoirs, pipelines, pump stations,
treatment plants, golf courses, dams, roads, and drainage projects.
Sample Relevant Projects:
As -Needed
City of San Marcos As -Needed Project Manager, California
City of Huntington Beach As -Needed Project Manager, California
EDUCATION
San Diego State University
Civil Engineering
CERTIFICATIONS
AGC Advanced SWPPP Training
8-Hour Course
CMCI Certified Construction Manager
NASSCO Certifications:
Cured -in -Place Pipe (ITCP) Inspection
Certification Program
Pipeline Assessment Certification
Program (PACP)
Transportation
2013/ 2014/ 2015 Chip Seal and Seal Coat Projects, City of San Marcos, California.
FY 12113 Chip Seal and Seal Coat Projects, City of San Marcos, California.
Sewer, Water, and Arterial Paving Project, City of Del Mar, California
Jimmy Durante Boulvard Sidewalk Project, City of Del Mar, California
2015 City of Del Mar City Wide Pavement Rehabilitation Project, City of Del Mar, California
Barham Drive Improvement and Barham Drive Wall Replacement Projects, City of San Marcos
Rancho Santa Fe Road Widening Phases 1 and 2, City of Carlsbad
Parks/Golf Courses
Connors Park, City of San Marcos, California.
Municipal Golf Course, Club House, and Maintenance Facility, City of Carlsbad
Alga Norte Park Community Park, City of Carlsbad
Public Buildings
Fire Station No. 6, City of Carlsbad
Creekside Marketplace Building Addition, City of San Marcos
Avenue 54 Wastewater Treatment Plant Expansion, City of Coachella
Public Infrastructure Facilities
Water Recycling Demonstration Project, City of Anaheim, California.
Yorktown 30" Transmission Main Corrosion Rehabilitation, City of Huntington Beach, California.
Lift Station 26 and Force Main Replacement, City of Huntington Beach, California.
Sewer Main Lining Rehabilitation Project and Lining of Abandoned 10" Braddock FM, City of Culver
Home Plant Lift Station and Force Main Replacement Project, City of Carlsbad, California.
Galloway Pump Station and Force Main, County of San Diego
Olivenhain Pump Station and Olivenhain 8 Flow Control Facility, San Diego County Water Authority
Olivenhain Pipeline Phase H, San Diego County Water Authority.
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Eric Honour
Construction Manager/Scheduling/Estimating
Eric Honour has more than 35 years of experience in the Southern
California construction industry and has held a California general
contractor license for over 20 years. He has extensive experience
managing highly technical, large-scale construction projects and has
completed projects with a combined value exceeding $300 million.
CERTIFICATIONS
Naval Facilities Engineering Command -
Quality Control Manager Certification
Level II OSHA Safety Training
General Contractor B License
Previous public works clients include the U.S. Department of Defense, the Federal Aviation Administration, the
State of California -Division of the State Architect, the City and County of San Diego California, and various other
government agencies. Eric is proficient in most Windows -based accounting and scheduling programs, including
MS Office, MS Project, Primavera Suretrak 3.0, and P3. Eric's other qualifications include Naval Facilities
Engineering Command -Quality Control Manager Certification, and Level H OSHA Safety Training.
Sample Relevant Projects:
As -Needed
City of Lake Forest Construction Administrator, California. Mr. Honour provided construction
management and inspection on several projects for the City of Lake Forest as part of Dudek's current
on -call contract. Projects to date include various road and traffic signal improvement projects.
Transportation
Lake Forest Bake Parkway Resurfacing Project 2014
Lake Forest Foothill Ranch Slurry Seal Project 2014
Lake Forest ADA Ramps Project 2013
Lake Forest Resurfacing Project 2013
Lake Forest Portolla Hills Slurry Seal Project 2013
Public Infrastructure Facilities
Warner Ave. Sewer Pump Station, Gravity and Forcemain Pipeline Project, City of Huntington
Beach, California
Public Buildings
Poway Fire Training Tower, City of Poway
Pacific Beach Lifeguard Tower, City of San Diego
Poway Fire Station No. 3, City of Poway
El Corazon Senior Center, City of Oceanside
Mission Avenue Police Station Renovation, City of Oceanside
Oceanside Aquatic Center, City of Oceanside
Parks/Golf Courses
Cardiff State Beach, South, State of California —Division of the State Architect, Cardiff
Silverstrand State Beach, State of California —Division of the State Architect, Coronado
Bradley Recreation Center, City of San Marcos
Camacho Recreation Center, City of National City.
233 130
William Gallegos
Construction Manager
William Gallegos is a highly qualified construction manager who, prior
to joining Dudek in 2002, worked over 20 years for the U.S. Army
Corps of Engineers. His first 2 years at the Corps were spent in the
Civil and Structural Design Branch where he performed public works
design for Military Base Public Works and local government civil works
projects. Mr. Gallegos then transferred to the Contract Administration
Branch where he prepared plans and specifications, contracts,
contract change orders, and RFPs, responded to RFIs, and responded
to contractors' requests for equitable adjustment, pay estimates, cost
estimates, cost negotiations, and claim recommendations.
I IiL•7r[•]:
California Polytechnic State University
MS Structural Engineering, 1985
California Polytechnic State University
BS Civil Engineering, 1982
CERTIFICATIONS
US Army Corps of Engineers
Vicksburg Educational and Experimental
Center
Various 80-Hour Courses:
As a project engineer, he was responsible for the completion of projects from the planning stage to design to
final construction, assuring that all schedules were met and all funds were properly distributed and maintained.
In this role, Mr. Gallegos was assigned several projects not to exceed $50 million per year and was responsible
for constructing them according to plans and specifications, as well as approving contractor pay estimates,
providing corrective action for all construction and design deficiencies, responding to all contractor
correspondence, negotiating change orders, developing cost proposals, materials testing, managing up to 10
inspectors and one office engineer, and recommending project acceptance.
Sample Relevant Projects:
Transportation
Rancho Santa Fe Road Widening, City of Carlsbad
Dogwood Avenue Improvements Project State Street to Interstate 8, City of El Centro
Dogwood/Interstate-8 Freeway Ramp Widening and Signalization, City of El Centro
Inspection and Construction Management Street Rehabilitation Projects, City of Coachella
Newport Road Widening Antelope to Menifee, City of Menifee, California
Public Infrastructure Facilities
Water Pipeline Extension for Medium Security Detention Facility, County of Imperial
New 18" Water Line, Goleta Water District
Wastewater Treatment Plant Upgrade Project, Goleta Sanitary District
Entertainment District Avenue 52 Sewage Pump Station, City of Coachella
Avenue 48 Reservoir and Booster Pump Station 5 MG, City of Coachella
Public Buildings
Avenue 54 Wastewater Treatment Plant Expansion, City of Coachella
Flood Control
Santa Ana River Project, County of Orange. Mr. Gallegos was also assigned to numerous flood control
channel projects as part of this $800 million project.
Military Base Construction
As a construction manager on military bases worldwide, Mr. Gallegos was responsible for the construction of
administration buildings, dental clinics, hospitals, officers' and enlisted men's housing, AFB runways, and fueling
stations. He also was responsible for the construction of a public works infrastructure, water treatment plants,
and sewage treatment plants.
234 131
Alec Anderson, PE
Construction Manager
Alec Anderson provides engineering support for a variety of geotechnical
and civil projects. Mr. Anderson has four years of experience in inspection
and design of heavy civil geotechnical construction. His project
construction experience includes heavy rail, light rail, deep excavations,
trenchless technologies, and highways. His inspection experience includes
fill placement, bearing capacity verification, soldier piles and lagging;
tiebacks, soil nails, and rock bolts; grouting; dewatering systems; shotcrete
for soil nail walls and tunnel linings; microtunneling and horizontal
directional drilling; and pressurized face tunneling.
Areas of Expertise:
Geotechnical design
Soil and rock mechanics
Subsurface exploration
Ground characterization
Sample Relevant Projects:
EDUCATION
BS, Geological Engineering
Colorado School of Mines, 2009
CERTIFICATIONS
Professional Civil Engineer CA No. 83612
HAZWOPER 40-Hour
Slope stability
Tunnel inspector
Retaining walls
Public Infrastructure Facilities
Sewer Capital Improvement Program Construction Management Services, San Diego, California.
Moffat Tunnel & Moffat Subdivision, Boulder, Colorado.
Northcreek Interceptor Design Report, Bothell, Washington.
Ballard Siphon Construction Management, Seattle, Washington.
CSX NGI Design Services During Construction, West Virginia.
Northgate Link Extension, Seattle, Washington.
114911 132
Marius Jaskula, PE, CCM
Construction Manager
Mr. Jaskula has 20 years of experience in construction management,
contract administration, and quality assurance on civil public works
infrastructure projects. Projects have included sewer and water
treatment plants; sewer, water and storm water pump/lift stations;
reservoirs; Caltrans structures; roadway construction; large earthwork
projects; and water, sewer and drainage pipeline projects with
tunneling. Positions held have been the following: Construction
Manager for U.S. Government (Navy), Construction Manager/
Resident Engineer for a municipality and engineering consulting firms,
and QC Manager and Superintendent for a general contractor.
Sample Relevant Projects:
Public Infrastructure Facilities
Bradt Reservoir Floating Cover Project, South Coast Water District
Recycled Water System Expansion, City of San Clemente
Water Recycling Demonstration Project, City of Anaheim
EDUCATION
University of Illinois at Chicago, Illinois
Bachelor of Science in Civil Engineering,
1986
CERTIFICATIONS
Professional Engineer, State of California,
Civil #C61060
CMCI Certified Construction Manager, ID
A1588
U.S.A.C.E. Construction Quality
Management Certification
Zoe Avenue Drain & Pump Station, County of Los Angeles
Alameda Street Drain Phase 3B Pump Station and Outlet Structure, County of Los Angeles
Southern Regional Treatment Plant Expansion, Camp Pendleton
Cypress Street Reservoir and Water Treatment, Lomita
Ion Exchange Treatment Plant Project, City of Corona
Twin Oaks Reservoir Tank No. 2, Phase 3, Vallecitos Water District, San Marcos
Buena Vista Force Main Replacement -Phases 1 & 2, City of Oceanside
Home Plant Lift Station and Force Main Replacement, City of Carlsbad
Terramar Lift Station and Force Main Replacement, City of Carlsbad
Connamera Pump Station, City of San Diego
Del Dios Joint Facility Pump Station, Rancho Santa Fe
Rancho Cielo Midpoint Sewer Pump Station, City of San Diego
4S Ranch Neighborhood 3 Wastewater Pump Station, City of San Diego
Alameda Street Drain Phase 313 Pump Station and Outlet Structure, County of Los Angeles
Transportation
Coastal Rail Trail Reach 1 Improvements/Carlsbad Blvd. Roundabout, City of Carlsbad
Caltrans District 7, Structures On -Call Contract, County of Los Angeles
236 133
Garrett White, QSP, NASSCO
Inspector
Garrett White has over 24 years' experience in the rapidly changing
construction industry, with an emphasis in the construction of water,
wastewater, and storm drain facilities for public agencies. He has been
involved with the construction of large- and small -diameter pipelines,
treatment plants; pump stations for potable and non -potable
distribution systems, horizontal directional drilling (HDD), with an
emphasis in trenchless technologies. For the past 9 years, Mr. White
has been responsible for providing field inspection services and
construction management for various cities and water districts on
capital improvement and developer projects. As a field engineer, he is
responsible for project coordination, issuing field orders, verifying
adherence to submitted schedules, quality control and assurance,
project documentation, and review of as -built records.
Sample Relevant Projects:
As -Needed
I=1Blil•lcvl1[•]:
Palomar College Courses
Public Works Inspection I
Water Distribution I
Water Treatment I
CERTIFICATIONS
ACI Concrete Field Testing Technician Grade I
ACI Concrete Repair Basics
Qualified SWPPP Practitioner (QSP) #23394
OSHA 10-Hour Confined Space Safety and
Training Certification
NASSCO Certifications:
NASSCO certified Trainer
Cured -in -Place Pipe (ITCP) Inspection
Certification Program
City of San Marcos Public Works Inspector. Mr. White served Pipeline Assessment Certification
full time on staff for 9 months as a Public Works Inspector Program (PACP)
on public and privately funded projects. Manhole Assessment and Certification
City of Lake Forest Public Works Inspector. Mr. White served Program (MACP)
as inspector on four (4) different capital improvements projects, including several road and traffic
signal improvement projects.
Transportation
Lake Forest Bake Parkway Resurfacing Project 2014
Lake Forest Foothill Ranch Slurry Seal Project 2014
Lake Forest ADA Ramps Project 2013
Lake Forest Resurfacing Project 2013
Lake Forest Portolla Hills Slurry Seal Project 2013
Public Infrastructure Facilities
Yorktown 30" Transmission Main Corrosion Rehabilitation, City of Huntington Beach
Annual Sewer Rehabilitation Program 15701, City of San Juan Capistrano
Water Recycling Demonstration Project, City of Anaheim
Riverside Community Services District Regional Waste Water Facilities Replacement Force Mains
and Gravity Sewer and Regional and Juan Diaz Lift Stations
Sewer Rehabilitation Project Phase I through III, & Project P-984 Lining of Abandoned Force Main
on Braddock Dr., City of Culver City
Recycled Water Expansion Projects 18201C & D, City of San Clemente
Home Plant Lift Station and Force Main Replacement, City of Carlsbad
Sewer Water and Arterial Paving (SWAP) Capitol Project, City of Del Mar
Parks
Alga Norte Park, City of Carlsbad
237 134
Chad Costello
Inspector
Chad Costello has more than 17 years' of construction experience, EDUCATION
the past nine of which have focused on water tank construction American Concrete Institute
inspection. He began his career in working for the local pre -stressing 8-hour seminar
tank contractor working only on concrete reservoir construction American Shotcrete Institute
projects. Working his way up to superintendent in a very short time 8-hour seminar
period, Mr. Costello left the construction side of pre -stressed tank PROFESSIONAL AFFILIATIONS
construction after working on 18 pre -stressed reservoirs. He then American Shotcrete Institute
began working as an quality assurance construction inspector
specializing in pre -stressed concrete tank construction. With his unparalleled experience, working hands on with
this unique type of construction, Mr. Costello is a great asset to any agency able to use his talents.
Chad has constructed tanks ranging in size from 0.5 to 40 million gallons and has performed work throughout
Southern California. He has also prepared and presented multiple jobsite pre -stressing demonstrations for
private and public clients and design professionals.
Sample Relevant Projects:
Public Infrastructure Facilities
San Clemente Pier Structural and Plumbing Rehabilitation Project, City of San Clemente
Miscellaneous Pipelines/Storms Drain Projects, City of San Clemente
Recycled Water System Expansion, City of San Clemente, California.
Irvine Ranch Water District, Irvine, California. Mr. Costello was project Superintendent for the 3. 5
MG and 2.2 MG pre -stressed concrete tanks.
City of San Juan Capistrano, San Juan Capistrano, California. Mr. Costello was project
Superintendent for the 6 MG pre -stressed concrete tank.
Otay Water District, Spring Valley, California. Mr. Costello was project Superintendent for two 10
MG 640-1 & 2 Reservoirs.
Conifer Tank Replacement, Triunfo Sanitation District, Ventura
Twin Oaks Reservoir Rehabilitation, Vallecitos Water District, San Marcos
San Diego County Water Authority, San Diego, California. Mr. Costello was project Superintendent for
two 7.5 MG pre -stressed concrete tanks.
Public Buildings/Structures
El Portal Beach Access Stairs Project, City of San Clemente
Ole Hanson Beach Club Rehabilitation, City of San Clemente
238 135
Ryan Ruiz, PE, QSPI NASSCO
Inspector
Mr. Ruiz has experience as an inspector, office engineer and field
engineer. Projects have included wastewater treatment facilities, pump
stations, tanks, large and small diameter sewer and water pipelines, and
roadwork. Mr. Ruiz's duties typically include reviewing contractor's
schedules, progress payment requests, RFI's and submittals, contractor
proposed change orders, and inspection of the work. Mr. Ruiz has also
participated in design revisions, safety, and negotiations on change
orders.
Sample Relevant Projects:
Public Infrastructure
Goleta Sanitary District, Waste Water Treatment Plant Upgrade
Casmalia Community Water District Water Tank Replacement
Project
City of Carlsbad Desalination Pipeline Project
Coachella Valley Water District, Water Reclamation Plant No. 4
and No. 7 Headworks Improvements Project
City of Culver City, Sewer Main Rehabilitation Project
City of Fontana, Sanitary Sewer Pump Station Replacement Project
City of Coachella, Thermal Headwork Station Project
City of Fontana, Sanitary Sewer Pump Station Replacement Project
Public Buildings
City of Fontana, Police Station Expansion Project
John Przybyszewski
Inspector
John Przybyszewski has over 37 years' experience in construction
management, park, and golf course construction, and country club
management, including capital improvements and remodels, project
management and quality control, maintenance and irrigation
programs, grading, plan review, documentation and contract
administration, bid evaluation, regulatory compliance, budget design
and administration, owner/designer liaison.
Sample Relevant Projects:
As -Needed
As -Needed Inspection Services — Various Projects, City of
Huntington Beach
EDUCATION
University of California, San Diego
BS. Structural Engineering
CERTIFICATIONS
EIT, Engineer -in -Training Certification -
State of California (F.E.)
Certified Erosion, Sediment and Storm
Water Inspector (CESSWI)
Certificate of Completion for Approved
Training for Qualified SWPPP
Practitioner (QSP)
NASSCO Certifications:
Cured -in -Place Pipe (ITCP) Inspection
Certification Program
Pipeline Assessment Certification
Program (PACP)
Manhole Assessment and Certification
Program (MACP)
EDUCATION
University Of Massachusetts
AA Turfgrass Management
CERTIFICATIONS
South Coast Air Quality Management
District Fugitive Dust Control Certificate
PROFESSIONAL AFFILIATIONS
Southern California Turfgrass Council
Pesticide Applicators' Professional
Association
Golf Course Superintendents'
Association of America
Golf Course Superintendents'
Association of Southern California
former Director)
239 136
Water/Wastewater
Warner Ave. Sewer Pump Station, Gravity and Forcemain Pipeline Project, City of Huntington Beach
Recycled Water System Expansion, City of San Clemente
Parks/Golf Courses
The Crossings at Carlsbad Golf Course and Club House, City of Carlsbad
Big League Dreams Sports Complex, City of West Covina
Rustic Canyon Golf Course City of Moorpark
Mission Viejo Country Club Golf Course and Site Improvements, City of Mission Viejo
Silver Rock Resort Golf Course and Maintenance Building, City of La Quinta
Palm Desert Country Club Golf Course Restoration and Club House Renovations, City of Palm Desert
Inspector
Al Olea has more than 21 years' experience as a construction project
manager, inspector, and supervisor for residential, commercial, and
public works projects. He has completed inspection of a variety of
public works projects, including roadways, pipelines, pump stations,
treatment plant projects, and administration buildings. His construction
background includes scheduling and supervising up to 150
employees, cost estimating, preparing construction proposals,
obtaining building permits, and managing construction sites.
As -Needed
As -Needed Inspection Services, City of Huntington Beach
Transportation
EDUCATION
California State Polytechnic University,
Pomona
BA Business Management
CERTIFICATIONS
Hazmat Certified CFR-49
ICBO-Certified Building Inspector
Dogwood/Interstate 8 Freeway Ramp Widening and Signalization Project, City of El Centro
Street Rehabilitation Phases 1 and 2, City of Coachella
Public Infrastructure Facilities
Wastewater Treatment Expansion, City of Coachella
City of Coachella Pump Station and Pipeline Project, Coachella, California
Public Buildings
Senior Community Center, City of Fontana
Valencia Library Remodel City of Fontana
Administration Building and Laboratory, City of Coachella
240 137
Paul Buckley
Inspector
Mr. Buckley has 29 years of experience in public works construction EDUCATION
working in both public works maintenance and engineering sections. San Diego State University
Experience includes water, sewer, storm drain, and pipeline Bachelor of Arts, Public Administration
construction; roadway construction, and overall engineering San Diego Mesa College — San Diego, CA
inspection and public works management. His knowledge also
Associate of Arts, Liberal Arts
extends into pavement maintenance and rehabilation projects,
including slurry seal, chip seal, micro-milliing and grind overlays. Mr. Buckley has unique well rounded
background of performing, inspecting, managing and planning public works maintenance projects. He builds
strong partnerships and leverages experience in engineering inspection to achieve results.
Sample Relevant Projects:
As -Needed and Municipal Staff Positions
Water, Sewer, Storm Drain Inspector, City of San Clemente, California
Development Project Inspector, City of Palm Springs, California
Public Works Manager, City of San Marcos, California.
Public Works Engineering Inspector and Public Works Coordinator, City Poway
Public Infrastructure
24" Storm Drain Project, City of San Clemente
8" Water Line Replacement Project, City of San Clemente
Recycled Water Meter Replacement Project, City of San Clemente
Recycled Water, Sewer, Storm Drain and Roadway Inspection, City of Del Mar
Transportation
2016 Seal Coat Project — 4.0 M SF of Type II Slurry Seal for the City of Rancho Santa Margarita
2014 Seal Coat Project— 5.5M SF of Type II Slurry Seal, City of San Marcos
2014 Chip Seal Project —1.1M SF of PASS CR Chip Seal, City of San Marcos
2013 Seal Coat Project — 4.5M SF of Type II Slurry Seal, City of San Marcos
2013 Chip Seal Project —2.3M SF of PASS CR Chip Seal, City of San Marcos
2012 Seal and Chip Seal Project — 4M SF of Type II Slurry Seal and 2.5M PASS CR Chip Seal, City of San
Marcos
2011 Seal Coat Project, City of San Marcos
2010 Seal Coat Project, City of San Marcos
241 138
William Reeves, CWI
Special Inspector
William Reeves has more than 26 years' experience in the
construction industry inspecting a wide variety of public works
projects. Prior to being an inspector, Mr. Reeves owned and
operated a steel fabrication business for 19 years, and has been a
certified welding inspector for 15 years. He is responsible for
observation and inspection of water pipeline facilities including
structural steel and welding for conformance with the approved
design drawings, specifications to applicable welding codes and
standards, AWS D1.1, D1.3, D1.4, D1.5, API, ASME, FEMA, DSA,
AWWA, OSHPD. Mr. Reeves is also experienced in quality control
inspection for conformance to applicable codes, safety manager,
scheduling, purchasing, documentation, reporting, and site
supervision of construction personal for a variety of water
projects.
Sample Relevant Projects:
I=1D1R91crI[a]zI
NASSAU Community College, New York
Drafting & Technical Drawing
S.U. N.Y. at Morrisville, New York Biology
Santa Ana Community College, Santa Ana,
California General Ed
Riverside Community College, Riverside,
California Welding Inspection Technology
CERTIFICATIONS
AWS Certified Welding Inspector: AWS
CWI
Certified ICC Structural Welding
Certified ICC Structural Steel and Bolting
Certified ICC Fireproofing
City of San Diego Steel and Welding
Inspector, Goleta Water District. Lead inspector for a 20" steel water line. He inspected all pipe installation,
including all appurtenances, VACS, thrust blocks, excavation, trenching, tie-ins, valves, and concrete vaults.
Inspector, Ramona Municipal Water District. Inspector for a 16" steel water line and all appurtenances,
including welding, air VACS, blow -offs, thrust blocks, valves, and concrete blocks.
Special Inspector, AWS CWI, Structural Steel and Welding. Various in -plant and on -site QA/QC inspection.
Responsible for the observation and inspection of structural steel welding and bolting for conformance with the
approved design drawings, specifications to applicable welding codes and standards, AWS D1.1, D1.3, D1.4,
D1.5, API, ASME, FEMA, DSA, AWWA, OSHPD. Furnish inspection reports to the Building Official, Contractor,
Engineer and Architect of record. Piping, bridges, dams, hospitals, schools, public works.
Quality Control Manager, ARB Inc. Responsible for the observation, inspection, examination and reporting of
structural steel erection and welding per AWS D1.1 and pipe welding per ASME B31.3. Structural design,
welding procedures, welder qualification testing. Furnish inspection and quality reports.
Special Inspector, AWS CWI, Structural Steel and Welding, Fireproofing. Various in -plant and on -site
QA/QC inspection. Responsible for the observation and inspection of structural steel and welding/bolting for
conformance with the approved design drawings, specifications to applicable welding codes and standards,
AWS D1.1, D1.3, D1.4, D1.5, API, ASME, FEMA, DSA, AWWA, OSHPD. Furnish inspection reports to the Building
Official, Contractor, Engineer and Architect of record.
Inland Empire Energy Center, Romoland, California. Quality Control Manager/Inspector, Safety Technician
responsible for the observation, inspection, and reporting of structural steel erection and welding per AWS
D1.1, AWS D1.3. Inspection of welding structural aluminum and welding of aluminum electrical buss ducts and
supports per AWS D1.2. Structural design, write welding procedures, welder qualification testing. Furnish
inspection and safety reports.
242 139
Alliant Consulting, Inc.
Qualifications of Key Personnel Proposed for the Contract
CHRISTA J. SCHOTT
President, Alliant Consulting, Inc.
Christa J. Schott is an experienced labor compliance expert whose company focuses on monitoring and
enforcing prevailing wage laws on publicly funded construction projects in the state of California. As President
of Alliant Consulting, Inc., she developed and oversees the Department of Industrial Relations (DIR) approved
Labor Compliance Program (LCP) to actively monitor and enforce an LCP on behalf of awarding agencies such
as School Districts, Housing Authorities, Water Utility Agencies, Counties and Cities to ensure proper payment
of prevailing wages and benefits, use of registered Apprentices, payment of taxes, proper licensing, proper
classification and payment of overtime and holiday pay.
Ms. Schott has been involved in public works construction and in charge of certified payroll compliance for over
fifteen years, owning her company for over thirteen. Her experience includes working with general and electrical
contractors and State, Federal, and Local authorities within five counties in Southern California. Ms. Schott
oversees a staff of 17 people in three offices and is involved in every aspect of the Company, overseeing the
compliance process from pre -bid through the hearing and wage/penalty collection phases.
In addition to attending dozens of training workshops and seminars over the past eight years, Christa has held
presentations and led workshops regarding labor compliance enforcement for the Associated General
Contractors of America, the Coalition for Adequate School Housing, the California Association of School
Business Officials, the National Association of Women in Construction and for multiple contractors and public
agencies.
Education
Azusa Pacific University
University of Pittsburgh
Professional Affiliations
Coalition for Adequate School Housing (CASH)
California Association of School Business Officials (CASBO)
National Association of Women in Construction (NAWIC)
CASH Board Working Group on Labor Compliance
Institute of Journalism, Washington, D.C.
Leadership Moreno Valley
Board of Advisors, School of HRM/Business, San Diego State University
Contact Information
Address: 2815 Camino Del
Phone: 619-831-0704, Fax
Rio South, Suite 126, San Diego, CA 92108
909-747-0404, Email: Christa@alliantconsulting.net
243 140
James Hudson has served in the electrical industry for over 30
years. For the majority of his career, he has focused his energy
and skills in the water/wastewater industry, helping to grow
Rockwell Electric, Inc. into a $15 million/year organization. The
company provided both electrical contracting capability as well
as process control and system integration services for the
water/wastewater construction and service industry.
Mr. Hudson co-founded Rockwell Construction Services (RCS),
which was created to offer electrical project review, inspection
and general construction management assistance specializing in
the water/wastewater industry.
EDUCATION
Palomar College
Misc. General Education, Fire
Hydraulics, Electrical Code
LICENSES/CERTIFICATIONS
Infrared Training Center
Thermography Level 2 certified
State of California: C-10 Electrical
Contractor License
Accubid Electrical Estimating Advanced
training certificate
Mr. Hudson has been involved in numerous water/wastewater projects. A partial client list includes:
Recycled Water Demonstration Project for City of Anaheim
Recycled Water System Expansion for City of San Clemente
Warner Avenue Gravity Sewer and Pump Station for City of Huntington Beach
Padre Dam MWD, SCADA system
Otay Water District, various electrical and I&C projects
Vallecitos Water District, various electrical and I&C projects
Leucadia Wastewater District, various electrical and I&C projects
San Diego County Water Authority, various electrical and I&C projects
Mesa Consolidated Water District, SCADA system
Ramona MWD, various electrical and I & C projects
Olivenhain MWD, various electrical and I & C projects
Carlsbad Water District, various electrical and I & C projects
Encina Wastewater Authority, various electrical and I & C projects.
DU D E K Page I of 1
244 141
Firm:
Stack Traffic Consulting, Inc.
Years Experience
15 years
Education
B.S. Civil Engineering,
University of Massachusetts
Lowell, 1999
Professional Organizations
Institute of Transportation
Engineers (ITE)
International Municipal Signal
Association (IMSA)
ITS America (ITSA)
Unique Characteristics
Extensive and unique expertise
in railroad -highway at grade
crossing and traffic signal
operations.
Proven capability to bridge the
gap in communication between
discipline experts and find
technical solutions agreeable
to various stakeholders.
Client References
City of San Diego
Duncan Hughes, Senior Traffic
Engineer
P: (619) 533-3141
E: dhughes@sandiego.pov
City of National City
Stephen Manganiello, Director of
Public Works
P: (619) 336-4380
E: smanganiello@nationalcityca.gov
Jason Stack
Project / Construction Manager
Mr. Stack is the President and Founder of
Stack Traffic Consulting and has over 15 years
of specialized experience in the development,
design, assembly and operation of Intelligent
Transportation Systems, traffic signal systems
and control technologies, and communication
systems. Mr. Stack has managed various
transportation planning, engineering, and
systems projects for agencies throughout
California. Mr. Stack is recognized as an
expert in traffic signal operations, including
complex traffic signal programming and
railroad preemption operations. Mr. Stack
has managed the construction and inspection of several large scale and small
scale projects including: all traffic related work on the SPRINTER project in
North County San Diego; the Lusk Blvd Adaptive Traffic Signal Control project
in San Diego; and the Creekside Marketplace project in San Marcos, CA.
Relevant Experience
SPRINTER, North San Diego County, CA. Mr. Stack was the lead traffic
consultant on the SPRINTER project that included 22 miles of new railroad
construction across 4 Cities, the County, and Caltrans. STC coordinated all
traffic related work between the owner, construction management team,
design team, agencies and contractors. STC's responsibilities included PS&E
design, preemption operation development, design review and modification,
traffic controller programming, various traffic signal circuit design and
implementation, and inspection and acceptance testing of all traffic related
installations at 37 active grade crossings.
Lusk Blvd Adaptive Traffic Signal Control Project, San Diego CA. This
project entails the installation, integration, and optimization of a state-of-the-
art adaptive signal control system at 9 locations along Lusk Blvd in San Diego,
CA. Mr. Stack has substantial project roles as construction manager and lead
systems integrator. As the construction manager, Mr. Stack is responsible for
the planning, scheduling, and inspection of contractor activities which include
the installation of video detection, local Ethernet communications for each
intersection, traffic signal rack level ITS equipment, and wireless
communication equipment.
City of Carlsbad Creekside Marketplace Construction Management, San Marcos, CA.
Doug Bilse, City Traffic Engineer This project involved development of highly complex traffic signal operations
P: (760) 602-7504 for the new and modified signals at Grand Avenue/San Marcos Boulevard and
E: doug.bilse@carisbadca.gov Grand Avenue/Marketplace. Mr. Stack led the programming and acceptance
testing of the complex 14-phase intersection control. Mr. Stack performed
construction management and inspection duties for civil and traffic
improvements related to the project. Stack oversaw the construction of a
new traffic signal, a modified traffic signal, signal interconnect, median
construction, and two driveway reconstruction.
245 142
AAA' W : I L I NO 40qj
Supporting Documentation
Audit Commendation Letter
Sample Inspection Report
143
JUN-03-2003 15.54
Bill Wilder,
Construction Monitor
Caltrans D11
Local Assistance
CALTRANS D11 LOCAL ASSIST
DISTRICT CONST,
MONITOR CHECKLIST
17sN-0 J
858 616 6529 P.02i02
bill.wilder@dot.ca.gov
AGENCY c IT Y C"L9 6141D
PROJECT NO. S7 p L 5-3 a -
CONTRACTOR _"!g A S (t j C ,
CONTRACT AMOUNT C1 . 33,a , D q.D
TYPE OF WORK R 6w,S'T`' 1-A-N F,(
A1-'i/U: Q'if I0.I(e9ns,
YES NO Comment
AWARD DOCS(R.E.CHECKLIST
WEEKLY STATEMENT
DIARIES
MATERIALS- NOTICE 16-1
QAP - in files?
CERTS of COMPLIANCE- info?
PAY QUANTITIES
INTERVIEWS PRIME/SUBS
DBE- BIDDER DBE INFO FORM
CCO SUMMARY
ENVIRONMENTAL DOCS?
r'Timi
COMMEMTS: U 7` C-QJ - ,DJ) M 1 nJr
LOCAL AGENCY:
REVIEWER:
oir :. c-.a Ns r
TOTAL P.02144
DAILY INSPECTION REPORT
PROJECT: Atlanta & Adams Report NO.: 47
Project No: CC 1502
OWNER: City of Huntington Beach JOB NO.: CC-102
ENGINEER: City HB DATE: 09-12-17
CONTRACTOR: Harding & Harper DAY: Tuesday
Days: Day 47 Of 65
HB) CONSTRUCTION MANAGER: Joe Fuentes WEATHER/TEMP:
INSPECTOR: John Przybyszewski
NTP DATE: 07-10-17 700-750 Sunny Am
COMPLETION DATE: 10-09-17 750-780 Sunny Breeze Pm
NOC DATE:
FIELD LABOR FORCE
CONTRACTOR
SUB -CONTRACTOR
NAME REMARKS
CLASSIFICATION
Arrival Departure
1 Harding & Harper Calvin Wilson Foreman 07-28-17
2 See Below
EQUIPMENT
Quantity Type/Size Work Work Performed Arrival Departure
1 ea. Chevy # 160 Calvin's Pick —Up Truck 07-28-17
VISITORS
TIME NAME REPRESENTING REMARKS
8:00- 5:30 Pm H& H Paving crew 11 2" Rubber Cap Pave East Atlanta
7:00-6:00 Pm H&H Calvin crew 2 2" Rubber Cap Pave East Atlanta
8:00 -3:30 Pm Anytime Sweeping Street
Sweeping
10:00-5:30Pm Leighton 1 Ac compaction
8:00- 3:OOPm Phoenix 3 Plant Adams Palm Trees
Certified Payroll Summary:
09-12-17: H& H (13), Anytime Sweeping (1), Leighton (1), Phoenix (3)
CONSTRUCTION ACTIVITIES:
09-12-17 Atlanta 2" AC Rubber Cap Harding &Harper:
7:30 Am Calvin & Irving set traffic control closing the WB & EB Atlanta outside lanes from Beach — 22+00 for
paving moving the WB & EB traffic into the inside lanes. Directional arrows were placed on cones in both
directions with double cones & delineators at driveway entrances. Flagman directed traffic during paving &
continue to maintain traffic control through -out the day
248 145
7:00-2:30 Pm (H&H water truck) water down all approaching streets to paving areas through -out the day to
prevent tracking & control dust, cool rubber cap before lanes are open to public vehicle traffic.
Leighton Asphalt Testing:
10:00 — 5:30 Pm Richard Fernando (Leighton) on site to take asphalt samples and perform compaction testing
on placed asphalt. Compaction constant 96%-97%
7:30 Am temporary asphalt ramps were removed by mini grinder, cleaned by street sweeper, tack coat applied.
John Przybyszewski reviewed tack coat application rate with operator.
8:40 Am 1s'All American truck from the Irvine plant on site with ARHMGG- C'/2" PG 64-16AR with fiber
material per plan.
8:40- 10:05 Am H& H staff placed 2" rubber cap EB outside #2 lane & bike lane Beach to 22+00 (Schooner)
with the additional equipment (SB 2500 Shuttle Buggy)
Asphalt delivery truck temps range 276 11308 °
Truck box Temps 8:52 Am 3080, 9:23 Am 3020, 10:23 Am 2760
Asphalt temps at auger 288 ° 310 °
Auger Temps 8:48 Am 2880, 9:57 Am 292°, 10:23 Am 306°, 1:30 Pm 310°
Matt placement temps
10:23 Am 2890, 1:30 Pm 292°
Harding & Harper sand truck on site applying sand and (H&H water truck) applied water on rubber asphalt
before vehicles were allowed on new pavement.
10:23- 1 1:30 Am H&H staff placed 2" rubber cap WB outside #2 lane & bike lane 21+00 (Schooner) — Beach
11:15 Am H& H staff re -set traffic control closing the EB Atlanta inside lanes from Beach to 21 +00 (Schooner)
for paving moving the EB traffic into the outside lanes.
Right directional arrows were placed on cones in both directions with double cones & delineators at driveway
entrance for right turn only.
11:40 -12:30 Pm H& H staff placed 2" rubber cap EB #1 lane Beach - 22+00
12: 15 Am H&H staff re -set traffic control closing the WB Atlanta inside lanes from 21+00 (Schooner) — Beach
for paving moving the WB traffic into the outside lanes.
Right directional arrows were placed on cones in both directions with double cones & delineators at driveway
entrance for right turn only.
12: 15 -1:55 Pm H&H staff placed 2" rubber cap WB #1 lane and insides lanes 22+ 00 (Schooner) — Beach
Harding & Harper sand truck on site applying sand and (H&H water truck) applied water on rubber asphalt
before vehicles were allowed on new pavement.
Note: Water Leak Approximately 22+00
2:07 Pm while John Przybyszewski was reviewing Adams with Tom Herbel John P received a call from Calvin
stating that his staff found water coming up from new pavement at the intersection of Atlanta & Surf wood.
John called HB water department staff David Rico and Vince Madrid to respond to leak.
Water was seeping up along a 10-12' area along the #1 WB lane and median. David found a median backflow
east of the intersection which he shut down stopping the water leak. It was determined that when Edison's
contractor ILB trenched through this section they had to cut out a section of the 2" irrigation mainline to install
the Edison vault. It is assumed that the repair of the irrigation 2" mainline failed.
John P, Calvin, Vince, David observed vehicles driving over the leak section with no problems. John P called
Joe Fuentes (HB CA) who notified Edison &IBL. A meeting was scheduled for 10:00 Am tomorrow to walk site
and review repair options
H&H staff cleaned all sidewalks, driveways and paved areas at the end of the day
H&H staff placed traffic tabs (white/yellow) before lanes were opened
3:30 Pm all traffic control picked up all lanes open
3:30 Pm All Atlanta lanes open.
Total:
ARHMGG- C'/2" PG 64-16AR asphalt placed today paving completed 1:55 Pm
10+88 22+ 00 EB #2 Lane & Bike Lane Beach Schooner 265.64
21+00 10+88 WB #2 Lane & Bike Lane Schooner -Beach 285.69
10+88 22+00 EB #1 Lane Beach -Schooner 143.40
146
22+00 10+88 WB #1 Lane & inside lanes LT lanes Schooner -Beach 367.61
09-12- 17 1,062.34
Total 2" Rubber Cap Tons: 1,062.34
ALL AMERICAN ASPHALA-
MAIN OFFICE
400 f SIX.I fi SI RI -FT
P_C_ Box COKONA, CA 92Et?8-2229
S 736-7600
CONTRCACTOR1.1C_Lr,ESE n26713 A,C12 01R,#100(XX)I051
1 /SDI"
3I R
1 1 4-00 -.
09-11-17 1,478.70
Atlanta Total 2" Rubber Cap Tons: 2,541.04
IN TRUCK POR TARE AND GROSS WEIGHTS
Street Sweeper. -
Anytime sweeping continued sweeping Atlanta and all side streets to 3:30 Pm
HARDING & HARPER FIELD LABOR FORCE
Jq&'
rt+n
4
e
t
13
Mon Tue Wed Thur Fri NAME REMARKS
CLASSIFICATION
Arrival Departure
1 10 Calvin Wilson: Foreman 7:OOAm 5:00 Pm
2 10 Irving Reyes: Laborer 7:OOAm 5:00 Pm
3
4
5 8.0 Brian LaGrand Operator 7:00 Am 3:OOPm
6 8.0 Tomas Salas Operator 7:00 Am 3:OOPm
7 8.0 Jose Vargas Operator 7:00 Am 3:OOPm
8 8.0 Rafael Lopez Concrete Mason 7:00 Am 3:OOPm
9 8.0 Christobal Ramirez Laborer 7:00 Am 3:OOPm
10 8.0 Bobby Colow Laborer 7:00 Am 3:OOPm
11 8.0 Elas Sanchez Laborer 7:00 Am 3:OOPm
250 147
12 8. 0 Brandon Watson Operator 7:00 Am 3:OOPm
8.0 Matt Watson Operator 7:00 Am 3:OOPm
8.0 Matt Cam oes Operator 7:00 Am 3:OOPm
8.0 Jose Revis Laborer 7:00 Am 3:OOPm
i
QT Mon Tue wed Thur Fri No EQUIPMENT Arrival Departure
X 160 Chevy Calvin's Pick —Up Truck 7:OOAm 5:00 Pm
X 598 CB54 Cat Roller 7:OOAm 3:00 Pm
X 652 CB 54 Cat Roller 7:OOAm 3:00 Pm
X 642 Cedar Rapids Paver 7:OOAm 3:00 Pm
X 288 H&H Water Truck 7:OOAm 3:00 Pm
X 720 10 Wheeler Cold Mix Truck 7:OOAm 3:00 Pm
X 803 Sand Truck 7:OOAm 3:00 Pm
X John Deere Skip Loader (Rental) 7:OOAm 3:00 Pm
X 302 F450 Tool Truck 7:OOAm 3:00 Pm
X 680 SB2500 Shuttle Buggy 7:OOAm 3:00 Pm
X Anytime Sweeping Street Sweeping 7:00Am 3:30 Pm
09-12-17 Adams Phoenix Plant Trees:
8:00-3:00 Pm Phoenix Landscape staff (3) on site to continue with planting the (6) palm trees at New
Britain/Adams and re -stake and water median trees.
8:00 Am Jose called John P to let him that last night Edison staff was called out because the resident at 20001
New Britain reported no power. It was determined that Phoenix staff without knowing must have damaged the
power wires when they pulled out old roots. Edison had the power repaired by 10:OOPm. John P was not
received any call from Edison. John P took photos showing the USA mark outs were 4' north of actual location
Labor:
8hrs.) Jose Hernandez: Laborer/Foreman
8hrs.)Martin Savala: Laborer
8hrs.)Francisco Tello: Laborer
Equipment:
8hrs.) Ford F350 Utility Truck
8hrs.) Ford F250 Pick -Up
8hrs.) Bobcat Mini Excavator (Rental)
8hrs.) Water Buffalo (water trailer)
Complaints/Issues:
BMPs
09-12-17 All Adams & Atlanta BMPs installed in good condition and repair.
Traffic Complaints/Issues:
DISTRIBUTION:
1) Dudek
2) City of Huntington Beach
BY: John Przybyszewski DATE: 09-12-17
DUDEK CONSTRUCTION INSPECTION
148
DUDEK
800.450.1818 1 DUDEK.COM I INFO@DUDEK.COM
SOUTHERN CALIFORNIA
Encinitas (Main)
La Quinta
Pasadena
Riverside
San Juan Capistrano
CENTRAL COAST
Santa Barbara
Santa Cruz
NORTHERN CALIFORNIA
Auburn
Larkspur
Oakland
Sacramento
HAWAI I
Honolulu
OREGON
Portland
HABITAT RESTORATION SCIENCES
A Dudek Subsidiar y
252 149
m
x
W
150
ALL'I"'ANT W"
4"
NSULTING , INC.
LABOR MPUANCE MONITORING
2815 Camino Del Rio S. Suite 126
San Diego, CA 92108
P: 619-831-0704
2018
COMPANY RATE SHEET
Principles (President, Vice -President): $110.00 per hour
Labor Compliance Director / Manager: $90.00 per hour
Labor Compliance Consultant: $75.00 per hour
Labor Compliance Clerk (1 and 2): $65. 00 per hour
Field Investigator / Site Monitor: $55.00 per hour*
Site Monitor rate includes mileage, fuel and vehicle expenses in the hourly rate. Site
interviews, summaries & photo labelling with uploads is also covered under this rate.
Alliant Consulting estimates the following percentages of each classification per
project:
Principles (President, Vice -President): >5%
Labor Compliance Director / Manager: 10%
Labor Compliance Consultant: 30%
Labor Compliance Clerk (1 and 2): 45%
Field Investigator / Site Monitor: 10%
151
t.ncnl Arriclana Procedure, Al enuel
DBE. Contract Goal
Can ctroc lion Manaxement Consultant
City of Iluntineton Beach Various hnprocement Projects
EX}nBR 9-D
ttem
No.
A rox. PP
Quant.
Meas.
Unit
Item Description Unit Price Total
Likelyto be
Performed b y
Subcontractor
Y=Yes(?
Trucking or
Supply ofPPY
Material
Involved
YmYea)7
Work Category Code (enter a
code it corresponding cell in
either Column G or His 'ti'3
Number of
Available
DBEs
DBE Work Factor
Input a Percentage
only If the number or
available DBEs > 9)
DBE Work
Dollar Amount
Comment
1 1 LS Construction Management S 300,000.00 300,000.00 N N 0.00
2 1 LS Project Mana ement 200, 000.00 200 000.00 N N 0.00
3 1 LS Inspection Services 980 000,00 980 000.00 N N 0.00
4 1 LS Labor Compliance 14 000.00 14 000.00 N N 50. 00
5 1 LS Clerical 6 000.00 6 000.00 N N 0.00
TOTAL $1,500,000.00
Work Code Category
TOTAL DBE $
0.00
WORK AMOUNT
DBE Goal 0%
Page • of 2
December 311, 2014
152
Local Assistance Procedures Manual EXHIBIT 10-11
Sample Cost Proposal
EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #2) Pagc I or'_'
SPECIFIC RATE OF COMPENSATION (USE: FOR ON -CAI.. OR AS -NEEDED CONT RAC"I'S)
CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
N
Note: Mark-ups are Not Allowed
W Consultant or Subconsultant
Fringe Benefit 0.00% + Overhead 0.00%
0% if Included in OH) (= 0% if Included in Olt)
BILLING INFORMATION
Dudek
Huntington Beach
Contract No. On -Call CM Date 8/16/2018
General Administration 0.000%, = LIAO%, Combined Indirect Cost Rate (ICR)
FEE =
0.00%
CALCiJI.ATION INFORMATION
Name/Job Title/Classifications Hourly Billing Rates' Effective date of hourly rate Actual or Avg. or S Hourly range -
Straight OT(1.5x) OT(2x) From To hourly rate' increase for classifications
only
0.00%
Project Principal/George Litzinger 175.00 175.00 175 00 For Contract Term 175.00 0.00%
0.00%
0.00%
Alternate Project Manager/Jason Linsdau 150.00 15o.o0 150.00 For Contract Term 150.00 0.00%
0.00%
0.00%
Construction Managers/See attached 3 150.00 150.00 150.00 For Contract Term 150.00 0.00%
0.00%
0.00%
Estimating/Chandrani Havaldar 15000 150 00 150.00 For Contract Term 159.00 0.00% 0.
00% 0.
00% Inspectors/
See attached 129.00 129.00 129.00 For Contract Term 129.00 0.00% 0.
00% Building
Inspectors/See attached 0.
00% 129.
00 129.00 129.00 For Contract Term 129,00 0.00% 1.
Names and classifications ofconsultant (key statt) team members must be listed. Provide separate sheets for prime and all subconsultant firms. 2.
Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract. 3.
For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NOTES:
Denote
all employees subject to prevailing wage with an asterisks (•) For "
Other Direct Cost" listing, see page 2 or this Exhibit Page
3 of 5 LPP
15-01 January 14, 2015 M
x
153
Local Assistance Procedures Manual EXHIBIT 10-H
Sample Cost Proposal
EXI{IBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #Z) Page2 ol'2
SPIi(,ii:i(, RA'I'E OP COMPFNSA'I'ION (OSF. FOR ON -CALL OR AS -NEEDED ('ON'I ItAC f S)
CONSTRUCTION ENGINFERING AND INSPECTION CONTRACTS) Huntington Beach
Consultant or Subconsultant Dudek Contract No. Can -Call CM Date 8/ 16/2018
Ul
SCHEDULE OF OTHER DIRECT COST ITEMS
PRIME CONSULTANT SUBCONSULTANT #1 SUBCONSULTANT #2
DESCRIPTION OF
ITEMS
UNIT UNIT
COST
TOTAL DESCRIPTION OF
ITEMS
UNIT UNIT
COST
TOTAL DESCRIPTION OF
ITEMS
UNIT UNIT
COST
TOTAL
0. 00 0.00 0.00
0.00 S 0.00 S 0.00
0.00 0.00 U.00
0.00 0.00 0.00
0.00 1 0.00 0.00
0.00 U,00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0,00 0. 00
0.001 0.0ol 0.00
PRIME TOTAL ODCs = $ 0.00 SUBCONSULTANT #1 ODCs = $ 0.00 SUBCONSULTANT #2 ODCs = $ 0,00
IMPORTANT NOTES:
I . List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.
2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt. Agency), and not just when the client will pay
for them as a direct cost.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre -approved by the contracting agency.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be
supported by mileage logs.
R. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the same purpose.
Page 4 of 5
LPP 15-01 January 14, 2015
154
Local Assistance Procedures Manual Exhibit 10-01
Consultant ProDosal DBE Commitment
1. Local Agency:
3. Project Description:
4. Project Location:
5. Consultant's Name:
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
2. Contract DBE Goal:
6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information 10. DBE k
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION
17. Local Agency Contract Number:
18. Federal -Aid Project Number:
19. Proposed Contract Execution Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
20. Local Agency Representative's Signature 21. Date
22. Local Agency Representative's Name 23. Phone
24. Local Agency Representative's Title
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
3uly 23, 2015
155
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm
must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Local Agency Representative's Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
22. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant's DBE commitment form.
Page 2 of 2
July 23, 2015
156
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
1. Local Agency:
3. Project Description:
4. Project Location:
5. Consultant's Name:
E\HIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
8. Total Dollar Amount for ALL Subconsultants:
2. Contract DBE Goal:
6. Prime Certified DBE: 7. Total Contract Award Amount:
9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
20. Local Agency Contract
KI—h.,
21. Federal -Aid Project Number:
22. Contract Execution
nnto
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25 Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page I of 2
July 23, 2015
157
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant's Name - Enter the consultant's firmm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non -DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
IL DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column.
Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract
Award Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer's Signature - The person completing the DBE commitment foram on behalf of the consultant's firm must
sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.
17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal -Aid Project Number - Enter the Federal -Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23, 2015
158
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial,
b. grant b. initial award b. material change
c. cooperative agreement c. post -award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier if known
Congressional District, if known Congressional District, ifknown
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable
8. Federal Action Number, if knoxvn: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services
If individual, last name, first name, Ml) (including address if different from No. 10)
last name, first name, M1)
12.
13.
15.
attach Continuation Sheet(s) if necessary)
Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)
actual planned a. retainer
b. one-time tee
am
Form of Payment (check all that apply): c. commission
a. cash d. contingent Jce
b. in -kind. specify: nature e deferred
Value f. other, specify
Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17, Information requested through this form is authorized by Title
31 U S.0 Section 1352 This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or
entered into This disclosure is required pursuant to 31 U S.0 Print Name:
1352 This information will be reported to Congress
semiannually and will be available for public inspection Any
person who fails to file the required disclosure shall be subject 1 rtla
to a civil penalty of not less than $10.000 and not more than
100.000 for each such failure Telephone No.: Date:
Federal Use Only:
Standard Form LLL Rev. 04-28-06
Distribution: Ono- l.,ocal Agency Project Filcs
Authorized for Local Reproduction
Standard Form - LL,L
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the
initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or
an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a
covered federal action.
2. ldentify the status of the covered federal action.
3. ldentif}p the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. ldentify the
tier of the subawardee, e.g.. the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts. sub. -rants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city,, state, and zip code of
the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item I ). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for
Proposal (REP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes. e.g., "RI, P-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount
of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to
influence the covered federal action.
11. Enter the full names of the individual(s) perfonning services and include full address if'diflcrent from 10 (a). Enter Last Name,
First Name and Middle Initial (MI).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity
tern 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. ifthis is
a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind
payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity notjust time spent in actual contact with federal
officials. Identify the federal officer(s) or employee(s) contacted or the offieer(s) employee(s) or Member(s) of Congress that
were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time liar reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046). Washington, D.C. 20503. SF-
LLI, Instructions Rev. 06-04
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A&E Sample Contract Language
EXHIBIT IO-R A &E SAMPLE CONTRACT LANGUAGE
For Local Assistance Federal -aid Projects)
NOTE TO LOCAL AGENCY -BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT
CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS
RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
TABLE OF CONTENTS
A&E SAMPLE CONTRACT LANGUAGE
Article Subject Page
ArticleI Introduction................................................................................................................................2
ArticleII Statement of Work.....................................................................................................................2
Article Ill Consultant's Reports or Meetings..............................................................................................4
Mandatoi3, Fiscal and Federal provisions (Verbatim)
Article IV Performance Period....................................................................................................................4
Article V Allowable Costs and Payments..................................................................................................4
ArticleVI Termination................................................................................................................................8
Article VIl Cost Principles and Administrative Requirements....................................................................8
Article VIII Retention of Records/Audit.......................................................................................................9
Article IX Audit Review Procedures..........................................................................................................9
ArticleX Subcontracting.........................................................................................................................10
Article X1 Equipment Purchase................................................................................................................ I 1
Article XII State Prevailing Wage Rates....................................................................................................I I
Article XIII Conflict of Interest..................................................................:................................................12
Article XIV Rebates, Kickbacks or other Unlawful Consideration.............................................................12
Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ......................12
Article XVI Statement of Compliance.........................................................................................................13
Article XV1I Debarment and Suspension Certification.................................................................................14
Miscellaneous provisions
Article XVIII Funding Requirements.............................................................................................................14
ArticleX1X Change in Terms......................................................................................................................14
Article XX Disadvantaged Business Enterprises (DBE) Participation.......................................................15
ArticleXXI Contingent Fee.........................................................................................................................16
ArticleXXII Disputes...................................................................................................................................16
Article XXlll Inspection of Work..................................................................................................................16
ArticleXXIV Safety.......................................................................................................................................17
ArticleXXV Insurance..................................................................................................................................17
Article XXVI Ownership of Data...................................................................................................................18
Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18
Article XXVIII Confidentiality of Data............................................................................................................19
Article XX1X National Labor Relations Board Certification.........................................................................19
Article XXX Evaluation of Consultant.........................................................................................................19
Article XXXI Retention of Funds...................................................................................................................19
ArticleXXXII Notification..............................................................................................................................21
ArticleXXXIII Contract....................................................................................................................................21
ArticleXXXIV Signatures.................................................................................................................................21
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ARTICLE I INTRODUCTION
EXHIBIT 10-R
A&E Sample Contract Language
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following
named, hereinafter referred to as, LOCAL AGENCY:
The name of the "CONSULTANT" is as follows:
Incorporated in the State of (NAME OF STATE)
The Project Manager for the "CONSULTANT" will be (NAME)
The name of the "LOCAL AGENCY" is as follows:
The Contract Administrator for LOCAL AGENCY will be (NAME)
B. The work to be performed under this contract is described in Article 11 entitled Statement of Work and the
approved CONSULTANT's Cost Proposal dated (DATE). The approved CONSULTANT's Cost Proposal is
attached hereto (Attachment 1) and incorporated by reference. if there is any conflict between the approved
Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and
employees from any and all claims, demands, costs, or liability arising from or connected with the services
provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will
reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL
AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions
of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the perfonnance of this contract, shall
act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either
in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the
parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the
parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of
CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
INSERT APPROPRL9TF. STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES)
A. Consultant Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and
extent should be verified in the negotiations to make precise statements to eliminate subsequent
uncertainties and misunderstandings. Reference to the appropriate standards for design or other
standards for work performance stipulated in consultant contract should be included. Describe
acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and
Estimate (PS&E) and engineering data furnished under the contract including registration number.
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Environmental documents are not considered complete until a Caltrans District Senior Envirommental
Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No
Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6,
Environmental Procedures" in the LAPM, and the Standard Environmental Reference].
B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land
surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way
plots are to be furnished.
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction
surveys.
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If
borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be
found in the Standard Environmental Reference.
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government
that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or
services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Visits to Site, Inspection of Work
The contract provides for conferences as needed, visits to the site, and inspection of the work by
representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the
initial meeting shall be included in the fee.
G. Checking Shop Drawings
For contracts requiring the preparation of construction drawings, make provision for checking shop drawings.
Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision
may be made for separate payment.
H. Consultant Services During Construction
The extent, if any of CONSULTANT's services during the course of construction as material testing,
construction surveys. etc., are specified in the contract together with the method of payment for such services.
I. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the
satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of
progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the
contract objectives.
J. Deliverables and Number of Copies
The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans,
specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies.
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ARTICLE III CONSULTANT'S REPORTS OR MEETINGS
Choose either Option 1 or Option 2)
Option 1 - Use paragraphs A & B below for standard contracts)
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently
detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is
on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed,
to discuss progress on the contract.
Option 2 - Use paragraphs A & B below, for on -call contracts)
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL
AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any
difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY'S Contract Administrator or Project
Coordinator, as needed, to discuss progress on the project(s).
ARTICLE IV PERFORMANCE PERIOD (Verbatim)
4 tune must be set for beginning and ending the work under the contract. The lime allowed for performing the
work is specs fled; it should be reasonable for the kind and amount of services contemplated; and it is written into
the contract. ff it is desirable that Critical Path Method (CPM) networks, or other types of'schedules be prepared
by CONSULTANT, they should be identified and incorporated into the contract.
Choose either Option 1 or Option 2)
Option I - Use paragraphs A & B below. for standard and on -call contracts)
A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and
CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract
Administrator. The contract shall end on (DATE), unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY
until the contract is fully executed and approved by LOCAL AGENCY.
Option 2 - Use paragraph C below in addition to paragraphs A & B above, for on -call contracts)
C. The period of performance for each specific project shall be in accordance with the Task Order for that
project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the
contract shall be extended by contract amendment.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)
Choose either Option 1, 2, 3, or 4)
Option 1 - Use paragraphs A through J below.for Actual Cost -Plus -Fixed Fee contracts. Use Exhibit 10-H,
Example 41 for Cost Proposal Format)
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A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will
reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental
costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee
benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved
CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL
AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY
determines that a change to the work from that specified in the Cost Proposal and contract is required, the
contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to
accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be
exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of
AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant
change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved
Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.
A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If
CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the
Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in
accordance with the provisions of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this
contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone and each project as applicable. Invoices shall follow the format
stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final
invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased
under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be
submitted within 60 calendar days after completion of CONSULTANT's work. Invoices shall be mailed to
LOCAL AGENCY's Contract Administrator at the following address:
AGENCY/NAME OF CONTRACT ADMINISTRATO.
ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
1. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved
Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases,
which are the direct result of changes in the prevailing wage rates are reimbursable.
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Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option I with the following
paragraphs A, B, and C and re -letter the remaining paragraphs. Adjust as necessary for work specific to your
project. Use Exhibit 10-H, Example 43 for Cost Proposal Format)
A. The method of payment for the following items shall be at the rate specified for each item, as described in this
Article. The specified rate shall include full compensation to CONSULTANT for the item as described,
including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be
allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount)
per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow
light (if needed), as specified in Article 11 of this contract.
The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number).
C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be
based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs
including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs)
incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual
costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other
estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by
contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that
exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event,
LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and
contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract
amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I," shall
not be exceeded unless authorized by contract amendment.
Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on -call
contracts]. Use Exhibit 10-H, Example 42 for Cost Proposal Format)
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost
Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee
benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this
Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that
are in the cost proposal and identified in the cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY
will prepare a draft Task Order, less the cost estimate. A draft Task Order will identify the scope of services,
expected results, project deliverables, period of performance, project schedule and will designate a LOCAL
AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.
CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate,
including a written estimate of the number of hours and hourly rates per staff person, any anticipated
reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on
the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and
CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both
of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved
Cost Proposal.
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G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior
written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such
estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual
costs incurred.
1. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY'S Contract
Administrator. No payment will be made prior to approval or for any work perfonned prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized
representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not
commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL
AGENCY'S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs
are required for all work performed under each Task Order. Invoices shall be submitted no later than 45
calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the
Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract
number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment
purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by
CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL
AGENCY's Contract Administrator at the following address:
NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No
Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount
agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task
Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this
Agreement.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not
exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that
this dollar amount will be authorized under this contract through Task Orders.
Option 4 - Use paragraphs A through E below.for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost
Proposal Format)
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to
CONSULTANT will include compensation for all work and deliverables, including travel and equipment
described in Article 1I Statement of Work of this contract. No additional compensation will be paid to
CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance
of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will
be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum
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compensation will not be effective until authorized by contract amendment and approved by LOCAL
AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by
CONSULTANT. if CONSULTANT fails to submit the required deliverable items according to the schedule
set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this
Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract has been approved
by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract
Administrator. No payment will be made prior to approval of any work, or for any work performed prior to
approval of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL
AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall
detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format
stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must
contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the
provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within
60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL
AGENCY's Contract Administrator at the following address:
LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION (Verbatim)
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice
to CONSULTANT with the reasons for termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform
the covenants herein contained at the time and in the manner herein provided. In the event of such
termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL
AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall
pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost
of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage
shall be deducted from any sun due CONSULTANT under this contract and the balance, if any, shall be paid
to CONSULTANT upon demand.
C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is
dollars.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim)
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of
individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
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C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to
be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California
Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the
performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL
AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract. All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal
Government shall have access to any books, records, and documents of CONSULTANT and it's certified public
accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not
disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by
LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be
submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT
from full and timely performance, in accordance with the terms of this contract.
The.following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater)
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or
reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit
work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and
regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to
ensure federal, state, or local government officials are allowed full access to the CPA's work papers including
making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and
approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into
the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by
CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local
governments have access to CPA work papers, will be considered a breach of contract terms and cause for
termination of the contract and disallowance of prior reimbursed costs.
The following A UDIT CLA USE must be inserted into all contracts of $3, 500, 000 or greater).
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and
Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR
documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL
AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the
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management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to
incorporate the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report will be considered a breach of the contract teens and cause for
termination of the contract and disallowance of prior reimbursed costs.
l . During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's independent
CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely
manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant
approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR
compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost
Accounting Standards), if applicable; in accordance with procedures and guidelines of the American
Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures
and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the
proposed rate.
b. if the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed
rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.II. above, Caltrans may require
CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3)
months of the effective date of the management letter. Caltrans will then have up to six (6) months to
review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to
issue a cognizant approval letter after the revised independent CPA -audited ICR is submitted, overhead
cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the
ICR and set forth in paragraph E.I. above for all rendered services. In this event, this provisional ICR will
become the actual and final ICR for reimbursement purposes under this contract.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items
have occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR: (2)
all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3)
Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICETO local agency no later than 60 days after occurrence of the last of these items.
The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and
the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL
AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities
and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the
acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them
as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's
obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to
make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization
and no portion of the work pertinent to this contract shall be subcontracted without written authorization by
LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost
Proposal.
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C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment
made to CONSULTANT by LOCAL AGENCY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this
contract to be applicable to subconsultants.
E. Any substitution of subconsultants) must be approved in writing by LOCAL AGENCY's Contract
Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (Verbatim)
A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or
desirability of incurring such costs.
B. For purchase of any item. service or consulting work not covered in CONSULTANT's Cost Proposal and
exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Administrator; three competitive
quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall
maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful
life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the
conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment
and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best
price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and
credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the
equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable
to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and
conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR, Part 18 requires a
credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited
to the project.
ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
Choose either Option 1 or Option 2)
Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor
laws, use paragraphs A and B)
A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in
accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances
applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works
construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall
contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance
program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence
costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as
outlined in the applicable Prevailing Wage Detennination. See http://www.dir.ca.gov.
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Option 2 - Use only paragraph A below when all of the proposed work in the contract is pei.forrned by crofts not
affected by state labor laws or are not contemplated for use)
A. The State of California's General Prevailing Wage Rates are not applicable to this contract.
Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federal -aid construction
contracts.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may
have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this
contract, or any ensuing LOCAL AGENCY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business
interest that would conflict with the performance of services under this contract.
Choose either Option I or Option 2 if appropriate)
Option 1 - Use paragraphs C & D below with paragraphs A & B above for PS&E contracts only)
C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT
will bid on any construction contract, or on any contract to provide construction inspection for any
construction project resulting from this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint -ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials testing information,
no subconsultant who has provided design services in connection with this contract shall be eligible to bid on
any construction contract, or on any contract to provide construction inspection for any construction project
resulting from this contract.
Option 2 - Use paragraphs C, D & E below with paragraphs A & B above, for Construction Contract
Administration contracts onl})
C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm affiliated with
CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any
construction project included within this contract. An affiliated firm is one, which is subject to the control of
the same persons through joint- ownership, or otherwise.
D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT,
will bid on any construction subcontracts included within the construction contract. Additionally,
CONSULTANT certifies that no person working under this contract is also employed by the construction
contractor for any project included within this contract.
E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing
service on this contract shall have provided services on the design of any project included within this contract.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim)
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of
this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; or to deduct frorn the contract price; or otherwise
recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS
FOR LOBBYING (Verbatim)
Include this article in all contracts where_federal.funding will exceed $150,000. If less than $150,000 in federal
funds will he expended on the contract; delete this article and re -number the notification article which follows.)
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any state or federal agency; a Member of the State Legislature or United States Congress; an officer
or employee of the Legislature or Congress; or any employee of a Member of the Legislature or
Congress, in connection with the awarding of any state or federal contract; the making of any state or
federal grant; the making of any state or federal loan; the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any state or federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency; a Member of
Congress; an officer or employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this
certification be included in all lower -tier subcontracts, which exceed $100,000 and that all such sub recipients
shall certify and disclose accordingly.
ARTICLE XVI STATEMENT OF COMPLIANCE
A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury
under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California
Administrative Code, Section 8103.
B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and
subconsultants shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Consultant and subconsultants shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the
5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.
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Consultant and its subconsultants shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
For contracts with Federal funding, add paragraphs C & D)
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted
programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 - Effectuation
of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will
implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on
the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied
the benefits of or subject to discrimination under any program or activity by the recipients of federal
assistance or their assignees and successors in interest.
D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with
Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin,
religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of
materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices
when the Agreement covers a program whose goal is employment.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the
laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB
Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies
that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager,
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any
federal agency within the past three'(3) years; does not have a proposed debarment pending; and has not been
indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any
matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this
certification must be disclosed to LOCAL AGENCY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in
determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating
agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services
Administration are to be determined by the Federal highway Administration.
ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the
availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for
the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations,
conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board
that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any
reduction in funds.
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D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to
Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.
ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and
notification to proceed has been provided by LOCAL AGENCY's Contract Administrator.
C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in
the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL
AGENCY's Contract Administrator.
ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in
Department of Transportation Financial Assistance Programs'. Consultants who obtain DBE participation on
this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this contract is %. Participation by DBE consultant or
subconsultants shall be in accordance with information contained in the Consultant Proposal DBE
Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached
hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform,
CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal
is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the
performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant
shall not discriminate on the basis of race, color, national origin, or sex in the perfornance of this contract.
CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration
of US DOT -assisted agreements. Failure by CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL
AGENCY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the
reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of
the contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies
used on the contract, for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a
CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be
paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or
project through which funds are passed in order to obtain the appearance of DBE participation. In
determining whether a DBE is such an extra participant, examine similar transactions, particularly those in
which DBEs do not participate.
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H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its
contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than
would be expected on the basis of normal industry practice for the type of work involved, it will be presumed
that it is not performing a CUF.
I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into
with certified DBEs. The records shall show the name and business address of each DBE or vendor and the
total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of
payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work
performed by their own forces along with the corresponding dollar value of the work.
Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form
entitled, "Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants"
CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT's
authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure
to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of
the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be
returned to CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business
Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract Administrator.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify
CONSULTANT in writing with the date of decertification. if a subconsultant becomes a certified DBE
during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of
certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or
retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling
agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this
warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the
work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
Choose either Option I or Option 2)
Option I - Use paragraphs A through C below for all contracts without PS& E submittal)
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of
by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and
Insert Department Head or Official), who may consider written or verbal information submitted by
CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review
by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for
review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from
full and timely performance in accordance with the terms of this contract.
Option 2 - Replace Paragraph B, above, with the following for contracts requiring the submission of PS&E)
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B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and
estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims
or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and anv subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all reasonable
times during the performance period of this contract including review and inspection on a daily basis.
ARTICLE XXIV SAFETY
Use on all contracts regardless offunding source)
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL
AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall
wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined
that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the
protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
Add to all contracts, which may require trenching offr`ve feet or deeper)
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) pennit(s), as
outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work,
method, operation, or process related to the construction or excavation of trenches which are five feet or
deeper.
ARTICLE XXV INSURANCE
Choose either Option I or Option 2)
Option I - for Contracts with a scope ofservices that may require the consultant or subconsultant to work
within the operating state or Local Agency Highway Right of Way, where there would be exposure to public
traffic or construction operations)
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a
Certificate of insurance stating that there is general comprehensive liability insurance presently in effect for
CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per
occurrence.
B. The Certificate of Insurance will provide:
That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL
AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional
insureds, but only insofar as the operations under this contract are concerned.
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3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all
times during the term of this contract. In the event said insurance coverage expires at any time or times
during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said
expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for
not less than either the remainder of the teen of the contract, or for a period of not less than one (1) year.
New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event
CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY
may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work
within the operating State or LOCAL AGENCY Highway Right of Tf'ay where there would be exposure to public
traffic or construction Consultant operations)
CONSULTANT is not required to show evidence of general comprehensive liability insurance.
ARTICLE XXVI OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans,
specifications, and estimates produce as part of this contract will automatically be vested in LOCAL
AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.
CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review
and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine-readable fonn, are intended for one-time use in the construction of the project for which this contract
has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by
CONSULTANT under this contract; further.. CONSULTANT is not liable for claims, liabilities, or losses
arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such use as
many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as
appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal -aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXV1I CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. if claims are filed by LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional infonnation or assistance from CONSULTANT's personnel is
required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and
for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
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Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT's personnel services under this contract.
C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor
claims will be performed pursuant to a written contract amendment, if necessary, extending the termination
date of this contract in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's
operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT
in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and
disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to
the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same
on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL
AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel
involved in the performance of this contract, at public hearings or in response to questions from a Legislative
committee.
D. CONSULTANT shall not -issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by
LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
For PS&E contracts add paragraph F, below, to paragraphs A through E, above)
F. All information related to the construction estimate is confidential, and shall not be disclosed by
CONSULTANT to any entity other than LOCAL AGENCY.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued against
CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to
comply with an order of a federal court that orders CONSULTANT to comply with an order of the National
Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the
contract record.
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ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.
Local agency to include either B, C or D below; delete the other two)
B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by
the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant
from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant
or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business and Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event
of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant
performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime
consultants and subconsultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage
held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly
paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed.
Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take
place only for good cause and with the Agency's prior written approval. Any violation of this provision shall
subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified
in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or
impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or
subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant,
deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both
DBE and non -DBE prime consultant and subconsultants.
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime
consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies
withheld in retention from a subconsultant within thirty (30) days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30)
days may take place only for good cause and with the agency's prior written approval. Any violation of this
provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other
remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the
prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision
applies to both DBE and non -DBE prime consultant and subconsultants.
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ARTICLE XXXII NOTIFICATION
A&E Sample Contract Language
All notices hereunder and communications regarding interpretation of the terms of this contract and changes
thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
CONSULTANT
CONSULTANT)
NAME) Project Manager
ADDRESS)
LOCAL AGENCY:
LOCAL AGENCY)
NAME)
Contract Administrator
ADDRESS)
ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL
AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in
duplicate between the two parties. Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms
and conditions of this contract as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
Name of CONSULTANT)
Signature)
Name of Signer)
Date:
Name of LOCAL AGENCY)
Signature)
Name of Signer)
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Bidder's List for Construction Management - 2018
Companv Name Phone
AESCO, Inc. 714-375-3830
AndersonPenna Partners, Inc. 949-428-1500
Arcadis 714- 730-9052
Berg & Associates, Inc. 310-548-9292
CivilSource, Inc. 949-585-0477
CSG Consultants, Inc. 714-568-1010
DIRTONU, Inc. DBA MUROW 949- 398-6735
DMc Engineering 949-753-9393
Dudek 760-207-3405
Ghirardelli Associates, Inc. 714- 852-9012
Harris & Associates, Inc. 949-655-3900 ext. 2321
Interwest Consulting Group 714- 899-9039
KOA Corporation 714-573-0317
Pso ma s 714-481-8026
Syrusa Engineering, Inc. 714- 784-6700
Transtech Engineers, Inc. 909-595-8599
Vali Cooper & Associates, Inc. 951-788-6028
Wallace & Associates 951-966-7774
Willdan Engineering 714-978-8200
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PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Construction Management Services
SERVICE DESCRIPTION: Construction and inspection support for City's annual
Capital Improvement Program projects.
VENDOR: Wallace and Associates Consulting, Inc.
OVERALL RANKING: 1 out 19
SUBJECT MATTER EXPERTS/RATERS:
1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 94
Vendor #5 — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Understanding of the work
to be done 24 25
Experience with similar
kinds of work 20 20
Quality of staff for work to
be done 13.7 15
Capability of developing
innovative or advanced
techniques 9.7 10
Familiarity with state and
federal procedures 7.3 10
Financial responsibility 10 10
Demonstrated Technical
Ability 9.3 10
Total
II. DUE DILIGENCE REVIEW
The Cities of Laguna Niguel, City of Irvine and the City of Garden Grove were
contacted for references regarding Wallace and Associates. The City received
positive reviews.
Wallace and Associates Consulting, Inc. — Summary of Review
Wallace and Associates scored high in all seven categories in
the review.
Wallace and Associates Consulting, Inc. — Pricing
Low end from $86/Hr for Labor Compliance
High end to $174/Hr for Proiect Manaqer
388 183
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Construction Management Services
SERVICE DESCRIPTION: Construction and inspection support for City's annual
Capital Improvement Program projects.
VENDOR: Dudek.
OVERALL RANKING: 2 out 19
SUBJECT MATTER EXPERTS/RATERS:
1. Contract Administrator 2. Senior Civil Engineer 3. Contract Administrator
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 90.1
Vendor #5 — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Understanding of the work
to be done 24 25
Experience with similar
kinds of work 19 20
Quality of staff for work to
be done 13 15
Capability of developing
innovative or advanced
techniques 6. 7 10
Familiarity with state and
federal procedures 9. 7 10
Financial responsibility 10 10
Demonstrated Technical
Ability 7.7 10
Total
II. DUE DILIGENCE REVIEW
Dudek has previously provided construction management services to the City
with high -quality results.
Dudek — Summary of Review
Dudek scored well in all seven categories. In addition, Dudek
has previously provided quality construction management
services to the city.
Dudek — Pricing
Low end from $55/Hr for Labor Compliance
High end to $175/Hr for Project Manager
389 184
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Construction Management Services
SERVICE DESCRIPTION: Construction and inspection support for City's annual
Capital Improvement Program projects.
VENDOR: Vali Cooper and Associates, Inc.
OVERALL RANKING: 3 out 19
SUBJECT MATTER EXPERTS/RATERS:
1. Contract Administrator 2, Senior Civil Engineer 3. Contract Administrator
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 86
Vendor #5 — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Understanding of the work
to be done 20.7 25
Experience with similar
kinds of work 17.3 20
Quality of staff for work to
be done 13 15
Capability of developing
innovative or advanced
techniques 9.3 10
Familiarity with state and
federal procedures 6.7 10
Financial responsibility 10 10
Demonstrated Technical
Ability 9 10
Total
II. DUE DILIGENCE REVIEW
References were checked with the Cities of Cypress, Rancho Palos Verdes and
South Gate. All references were positive.
Vali Cooper and Associates — Summary of Review
Vali Cooper scored well in all categories and has a large
hands-on experienced staff to assist the City of Huntington
Beach.
Vali Cooper and Associates — Pricing
Low end from $156/Hr for Labor Compliance
High end to $228/Hr for Contract Manager
90 185
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Construction Management Services
SERVICE DESCRIPTION: Construction and inspection support for City's annual
Capital Improvement Program projects.
VENDOR: Arcadis, U.S., Inc.
OVERALL RANKING: 4 out of 19
SUBJECT MATTER EXPERTS/RATERS:
1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 81.6
Arcadis — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Understanding of the work
to be done 21.3 25
Experience with similar
kinds of work 12.3 20
Quality of staff for work to
be done 14.3 15
Capability of developing
innovative or advanced
techniques 8.3 10
Familiarity with state and
federal procedures 9.7 10
Financial responsibility 10 10
Demonstrated Technical
Ability 7.7 10
Total
II. DUE DILIGENCE REVIEW
Clients such as Irvine Ranch Water District, City of Los Angeles, and East Valley
Water District (to name a few)
Arcadis — Summary of Review
Arcadis scored well in all the categories. In addition, Arcadis
demonstrated that they have experienced water, sewer and
pipeline construction managers and inspectors.
Arcadis — Pricing
Low end from $55/Hr for Field Investigator
High end to $221/Hr for Project Manager
391 186
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On -Call Construction Management Services
SERVICE DESCRIPTION: Construction and inspection support for City's annual
Capital Improvement Program projects.
VENDOR: Vendor #5.
OVERALL RANKING: 5 out of 19
SUBJECT MATTER EXPERTS/RATERS:
1. Contract Administrator 2. Contract Administrator 3. Senior Civil Engineer
I. MINIMUM QUALIFICATIONS REVIEW
Written Proposal Score: Avg. of 80.7
Vendor #5 — Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Understanding of the work
to be done 21.7 25
Experience with similar
kinds of work 15 20
Quality of staff for work to
be done 10.7 15
Capability of developing
innovative or advanced
techniques 8.3 10
Familiarity with state and
federal procedures 7. 0 10
Financial responsibility 10 10
Demonstrated Technical
Ability 8 10
Total
II. DUE DILIGENCE REVIEW
The city is familiar with Vendor #5 because of their past work history with the city
projects.
VENDOR #5 — Summary of Review
Vendor #5 has worked with the City of Huntington Beach on
past projects and has performed satisfactory work.
VENDOR #5 — Pricing
Low end from $81/Hr for Labor Compliance
High end to $329/Hr for Project Manager
0% 187
City of Huntington Beach
2000 Main Street o Huntington Beach, CA 92648
714) 536-5227 • www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
December 17, 2018
Dudek
Attn: Dave Carter
605 Third Street
Encinitas, CA 92024
Dear Mr. Carter:
Enclosed is a copy of the fully executed "Professional Services Contract between the City of
Huntington Beach and Dudek for On Call Management and Engineering Services" approved
by the Huntington Beach City Council on November 5, 2018.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan Waitakere, New Zealand
188
City of Huntington Beach
2000 Main Street Huntington Beach, CA 92648
714) 536-5227 • www.huntingtonbeachea.gov
Office of the City Clerk
Robin Estanislau, City Clerk
December 3, 2018
Dudek
Attn: Dave Carter
605 Third Street
Encinitas, CA 92024
Dear Mr. Carter:
Enclosed is a copy of the fully executed "Professional Services Contract between the City of
Huntington Beach and Dudek for On Call Management and Engineering Services" approved
by the Huntington Beach City Council on November 5, 2018.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan Waitakere, New Zealand
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City of Huntington Beach
File #:20-1872 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Scott M. Haberle, Fire Chief
Subject:
Approve and authorize execution of the Operational Area Agreement of the County of Orange
and Political Subdivisions to comply with Standardized Emergency Management System
regulations
Statement of Issue:
The Fire Department is requesting approval of the attached Operational Area Agreement between the
County of Orange and Political Subdivisions. Entering into this agreement with participating agencies
provides a cooperative method for meeting State law requirements related to the Standardized
Emergency Management System (SEMS).
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute, “Operational Area Agreement of the
County of Orange and Political Subdivisions.”
Alternative Action(s):
Do not approve the attached Operational Area Agreement and direct staff accordingly.
Analysis:
In November 1995, the City Council authorized the Mayor to sign an Operational Area Agreement,
with revisions, between the County of Orange and political subdivisions. The Agreement and
amendments included the establishment and composition of the operational area executive board,
local authority in an emergency, duties of the operational area coordinator, creation and revision of
the area plan, and activation of the operational area Emergency Operations Center. Once adopted
by the County of Orange, the Operational Area agreement, with revisions, was implemented county-
wide, including in the City of Huntington Beach.
At that time, it was understood that the specified addendums would also be adopted by the County of
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File #:20-1872 MEETING DATE:9/21/2020
Orange and participating agencies, and in January 2010, the County and City adopted the various
revisions to the Operational Area Plan.
The Agreement is being updated to reflect current emergency management practices in the
Operational Area. It has been adopted by the County of Orange and is now being presented for
adoption by all Operational Area political subdivisions, including the City of Huntington Beach.
SEMS regulations standardize emergency responses when implemented in multiple jurisdictional
areas. Failure to comply with these State regulations may result in the loss of future FEMA disaster
reimbursement funds distributed through the State of California to the City of Huntington Beach.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Operational Area Agreement of the County of Orange and Political Subdivisions
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City of Huntington Beach
File #:20-1875 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Sean Crumby, Director of Public Works
Subject:
Approve the Acquisition and Sale Agreement between the City of Huntington Beach and the
Huntington Beach City School District for the acquisition of three portable buildings for use at
the City’s Homeless Navigation Center
Statement of Issue:
On September 8, 2020, the Board of Trustees for the Huntington Beach City School District (HBCSD)
approved an Acquisition and Sale Agreement to provide three surplus portable buildings to the City at
no cost. The City intends to use the surplus portable buildings at our Navigation Center site located
at 17631 Cameron Lane / 17642 Beach Boulevard. City Council action is requested to approve the
Acquisition and Sale Agreement.
Financial Impact:
None. The agreement establishes that the three portable buildings will be provided to the City at no
cost. If the agreement is approved, the City will coordinate the removal and transport of the portable
buildings onto the Navigation Center site.
Recommended Action:
Authorize the Director of Public Works to execute the “Acquisition and Sale Agreement” with the
Huntington Beach City School District for three portable buildings in a form approved by the City
Attorney.
Alternative Action(s):
Reject this agreement and direct staff accordingly.
Analysis:
The City’s Homeless Navigation Center, located on two adjacent parcels at 17631 Cameron Lane
and 17642 Beach Boulevard, will be operated by Mercy House. Mercy House has requested that
additional facilities be located on the site to facilitate proper operations at the Navigation Center , in
addition to the dormitory SPRUNG tent structure being erected.
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File #:20-1875 MEETING DATE:9/21/2020
To that end, the City has negotiated the acquisition of three portable buildings, which will serve as an
office building, dining area, and common room at the Navigation Center. The School District will be
providing these trailers to the City at no cost, provided that the City coordinates all logistics
associated with relocating the trailers to the Navigation Center site.
Environmental Status:
There is no environmental impact associated with approval of this agreement.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Orange County Board of Education Resolution
2. Acquisition and Sale Agreement
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City of Huntington Beach
File #:20-1885 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Approve and authorize a One-Year Professional Services Contract Term Extension for as-
needed Design/Landscape Architectural Services with RJM Design Group, Inc., as well as a
contract increase with a not-to-exceed amount of $500,000; and a One-Year Term Extension
with Integrated Consulting Group, Inc. (ICG)
Statement of Issue:
The Community Services Department requires design/landscape architectural services on an as-
needed basis for park and recreational facility capital improvement projects. Existing professional
services contracts are scheduled to expire on November 20, 2020. An additional one-year term
extension is requested for both existing contracts RJM Design Group, Inc., and Integrated Consulting
Group, Inc., as well as a contract increase of $500,000 for RJM Design Group, Inc.
Financial Impact:
Over $5.4 million in new park projects are budgeted in the Fiscal Year (FY) 2020/21 Capital
Improvement Program (CIP). The additional $500,000 requested as part of the RJM Design Group,
Inc., extension is included in the FY 2020/21 budget. No new appropriations are required to approve
this request.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract Between The City of Huntington Beach and RJM Design Group, Inc., for As-
Needed Professional Design/Landscape Architectural Services” to increase the contract amount with
a not-to-exceed amount of $500,000 and extend the term to November 20, 2021; and,
B) Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Professional
Services Contract Between The City of Huntington Beach and Integrated Consulting Group, Inc., for
As-Needed Professional Design/Landscape Architectural Services” to extend the term to November
20, 2021.
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Alternative Action(s):
Do not approve the proposed amendments and direct staff accordingly.
Analysis:
Existing professional service contracts with RJM Design Group, Inc., and Integrated Consulting
Group, Inc., for as-needed professional design/landscape architectural services were originally
approved by City Council on November 20, 2017, in compliance with Chapter 3.03 of the Huntington
Beach Municipal Code. Both contracts are scheduled to expire on November 20, 2020.
The current FY 2020/21 CIP includes over $5.4 million in new park development projects. The
requested contract extensions and increases are necessary for continuity of services and the timely
and efficient progress of currently approved park and recreational facility CIP project improvements.
Over the next year, the two consulting firms will be assisting staff on a number of approved CIP
projects, including, but not limited to, Bluff Top Park Trail Improvements, Parks Master Plan five-year
update, Rodgers Seniors’ Center Redevelopment, Edison Community Center interior and park
improvements, Bartlett Park Loop Trail, Central Park Picnic Area, and Harbour View Clubhouse
Rehabilitation and Reconfiguration.
Environmental Status:
Not applicable - Once initiated, specific projects will go through the appropriate entitlement process.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and
RJM Design Services, Inc. for As-Needed Professional Design/Landscape Architectural Services
2. Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and
Integrated Consulting Group, Inc. for As-Needed Professional Design/Landscape Architectural
Services
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City of Huntington Beach
File #:20-1886 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Authorize the release of a Request for Proposals (RFP) and the formation of an Ad -Hoc
Review Committee for the commissioning of a Public Art Element in Huntington Central Park
Statement of Issue:
To date, the City has accrued $353,000 in restricted public art funds that have to be spent on the
development of public art in one of the City’s parks (Fund 236 - Public Art in Parks). In the fall of
2019, staff conducted an online survey that indicated a strong desire for public art in Huntington
Central Park. To that end, staff is requesting that the City Council authorize the release of a Request
for Proposal (RFP) / Call for Artists in order to solicit and commission a public art piece in Huntington
Central Park. Of note, as part of the Fiscal Year (FY) 2020/21 Capital Improvement Program (CIP)
budget, the City Council approved funding for the Library Fountain Restoration Project. While it
remains to be determined the best location for a public art piece in Huntington Central Park, staff has
discussed the possibility of incorporating the public art piece in conjunction with the restoration of the
Library Fountain as one possible concept.
Financial Impact:
No funds are required for approval of Recommended Actions A or B. Upon final selection of an artist
and approval of a design concept, funding would be appropriated using the existing Public Art in
Parks Fund 236.
Recommended Action:
A) Authorize the release of a Request for Proposals (RFP) to commission a public art component of
the Central Library Fountain Restoration project currently included in the FY 2020/21 CIP; and,
B) Authorize Mayor Semeta to appoint an ad-hoc Huntington Central Park Public Art Committee to
develop a scope of services for the RFP, review the proposals, and recommend to the City Council
the final art selection and location.
Alternative Action(s):
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File #:20-1886 MEETING DATE:9/21/2020
Do not approve the recommended action and direct staff accordingly.
Analysis:
Staff has been working during the past few months to identify options for the expenditure of restricted
art in public parks funds. Of note, in the fall of 2019, staff conducted an online survey to garner
community feedback regarding public art in Huntington Beach. The survey results showed a
significant amount of feedback expressing the desire for public art in parks, and specifically, in
Huntington Central Park.
Given those survey results, coupled with staff review, it is recommended that the City Council move
forward to expend restricted art in public parks dollars on a project to be located in Huntington
Central Park. To facilitate the process of identifying the location and type of public art, staff is
recommending that the City Council authorize staff to develop and release an RFP to commission a
public art project in Huntington Central Park, and that Mayor Semeta be tasked with appointing an ad
-hoc Huntington Central Park Public Art Committee to develop a scope of services for the RFP,
review the proposals, and recommend to the City Council the final art selection and location.
Of note, as part of the FY 2020/21 CIP budget, the City Council allocated funds to restore the Central
Library Fountain located on the northwest side of Central Library. Staff has identified an opportunity
to incorporate a public art element in conjunction with the fountain restoration project that could serve
as the eventual location for the art piece to be commissioned. Any art piece would have to
harmonize with and respect the integrity of the unique architecture of the Central Library and with the
natural aesthetic of Huntington Central Park; however, staff does believe that such an opportunity
exists, where an accessible iconic public art piece can be developed for residents and visitors to
enjoy.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
None.
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City of Huntington Beach
File #:20-1873 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Ordinance No. 4211 approving Zoning Map Amendment No. 20-001 to rezone property
located at 311 17th Street (Nguyen Properties)
Approved for introduction September 8, 2020 - Vote: 7-0
Statement of Issue:
Transmitted for the City Council’s consideration is a Zoning Map Amendment (ZMA) to amend the
zoning designation from Commercial General (CG) to Residential Medium High Density - Small Lot
Subdistrict (RMH-A) to match the current General Plan land use designation of RMH.On July 14,
2020, the Planning Commission held a public hearing and recommended approval of ZMA No. 20-
001 to the City Council.
Financial Impact:
No fiscal impact.
Recommended Action:
Approve Zoning Map Amendment No. 20-001 with findings (Attachment 1) and adopt Ordinance No.
4211, “An Ordinance of the City of Huntington Beach Amending District Map 10 (Sectional Map 10-6-
11) of the Huntington Beach Zoning and Subdivision Ordinance to Rezone the Real Properties
Located at 311 17
th Street (APN # 023-156-13 and APN # 023-156-14) from Commercial General
(CG) to Residential Medium High Density - Subdistrict (RMH-A) (Zoning Map Amendment No. 20-
001)” (Attachment 2).
Alternative Action(s):
The City Council may take the following alternative motion(s):
1. Deny Zoning Map Amendment No. 20-001; or
2. Continue Zoning Map Amendment No. 20-001 and direct staff accordingly.
Analysis:
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File #:20-1873 MEETING DATE:9/21/2020
A.PROJECT PROPOSAL:
Applicant: John Nguyen, 10455 Circulo de Zapata, Fountain Valley, CA 92706
Property Owner: Toan Bao Nguyen, 14221 Euclid Street, Suite D, Garden Grove, CA 92843
Location: 311 17
th Street, 92648 (west side of 17
th Street, north of Olive Avenue) - APN # 023-
156-13 and APN # 023-156-14
Zoning Map Amendment No. 20-001 represents a request to amend the zoning designation of
two parcels from the current designation of Commercial General (CG) to Residential Medium
High Density - Small Lot Subdistrict (RMH-A) pursuant to Chapter 247 - Amendments of the
Huntington Beach Zoning and Subdivision Ordinance.
The current zoning designation on the properties is Commercial General (CG) and the
General Plan land use designation is Residential Medium High Density (RMH). The request to
amend the zoning designation is necessary in order to be consistent with the current General
Plan Land Use designation and to facilitate residential development of the parcels.
B.BACKGROUND:
In 1993, the subject parcels had a residential zoning designation. The southern lot was vacant
and the northern lot was occupied by a commercial building, which was non-conforming with
the residential zoning designation. The former property owner requested a zone change of
the site from a residential to a commercial designation in order to allow commercial
development of the vacant parcel and to have the appropriate zoning for the commercial
building.
In September 1993, the City Council approved a request to rezone the site from a residential
zone (Townlot Specific Plan Section B) to C2 (Community Business). The requested zone
change was approved by the Planning Commission in July 1993. At the Planning Commission
and City Council hearings, staff had recommended denial of the zone change,because the
proposed zone change did not conform to the General Plan Land Use designation and it was
not consistent with surrounding residential land uses. The former property owner never
pursued development of the vacant parcel and the commercial building remained in place.
The property has now changed ownership,and the new owner is pursuing the zoning change
to return the residential designation.
The current zone change request from a commercial to a residential designation would be
consistent with the General Plan Land Use designation and the previous zoning designation of
the site. In addition, the zone change would allow for the development of residential uses on
the site, which would be compatible with the surrounding residential land uses.
C.PLANNING COMMISSION MEETING AND RECOMMENDATION:
On July 14, 2020, the Planning Commission held a public hearing on the proposed project.
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File #:20-1873 MEETING DATE:9/21/2020
On July 14, 2020, the Planning Commission held a public hearing on the proposed project.
There were no speakers. The Planning Commission voted to recommend approval of the
request to the City Council.
Planning Commission Action on July 14, 2020
The motion was made by Scandura, seconded by Perkins, to recommend approval of Zoning
Map Amendment No. 20-001 with findings and forward to the City Council carried by the
following vote:
AYES: Scandura, Ray, Grant, Garcia, Kalmick, Perkins, Mandic
NOES: None
ABSTAIN: None
ABSENT: None
MOTION PASSED
D.STAFF ANALYSIS:
The proposed project is consistent with the goals, policies, and objectives of the City’s General
Plan,because the zoning map amendment will bring the zoning designation into consistency
with the General Plan land use designation. The zoning map amendment facilitates future
construction of two new single-family homes, which will continue the land use pattern of single
family residential uses in the surrounding areas and assist in meeting the overall housing
needs of the community. The zoning map amendment supports infill development of two
single-family residences that are compatible in proportion, scale, and character with the
surrounding neighborhood,because there are similar single-family units to the north, east, and
west of the site.
Environmental Status:
The project will not have any significant effect on the environment and is exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183
applies to projects that are consistent with an adopted General Plan for which an Environmental
Impact Report (EIR) was prepared and certified,and where there are no potential environmental
effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does
not require additional environmental review.
The City’s General Plan was updated and adopted and the EIR was certified on October 2, 2017.
The General Plan update and EIR considered the type and intensity of development, including the
assignment of the RMH land use designation for the project site parcel and the adjacent area. The
project will not result in any potential environmental impacts to the site,because the project is (a)
consistent with the development standards in the proposed zoning designation of RMH-A, (b)
consistent with the adopted General Plan, and (c) analyzed in the certified EIR.
Strategic Plan Goal:
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File #:20-1873 MEETING DATE:9/21/2020
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Suggested Findings for Approval of Zoning Map Amendment No. 20-001
2. Draft City Council Ordinance No. 4211 for ZMA No. 20-001
3. Vicinity Map
4. Project Narrative Received and Dated March 3, 2020
5. Existing and Proposed Zoning Maps
6. Planning Commission Staff Report Dated July 14, 2020
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Attachment No. 1.1
ATTACHMENT NO. 1
FINDINGS FOR APPROVAL
ZONING MAP AMENDMENT NO. 20-001
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The City Council finds that the project will not have any significant effect on the environment and
is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15183. Section 15183 applies to projects that are consistent with an adopted General
Plan for which an Environmental Impact Report (EIR) was prepared and certified and where there
are no potential environment effects peculiar to the proposed project. The project meets all
criteria under Section 15183 and does not require additional environmental review. The City’s
General Plan was updated and adopted and the EIR was certified on October 2, 2017. The
General Plan update and EIR considered the type and intensity of development, including the
assignment of the RMH land use designation for the project site parcel and the adjacent area.
The project will not result in any potential environmental impacts to the site because the
project is consistent with the development standards in the proposed zoning designation of
RMH-A and is consistent with the adopted General Plan and analyzed in the certified EIR.
FINDINGS FOR APPROVAL – ZONING MAP AMENDMENT NO. 20-001:
1.Zoning Map Amendment No. 20-001 to rezone the 5,875 sq. ft. lots from Commercial General
(CG) to Residential Medium High Density – Small Lot Subdistrict (RMH-A) is consistent with
the goals, objectives, and land use policies of the General Plan as follows:
A. Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to
ensure the land use pattern is consistent with the overall goals and needs of the
community.
Policy LU-1A: Ensure that development is consistent with the land use designations
presented in the Land Use Map, including density, intensity, and use standards applicable
to each land use designation.
Policy LU-1D: Ensure that new development projects are of compatible proportion, scale,
and character to complement adjoining uses.
Goal LU-4: A range of housing types is available to meet the diverse economic, physical,
and social needs of future and existing residents, while neighborhood character and
residences are well maintained and protected.
The project site is located on two parcels on the west side of 17th Street and north of Olive
Avenue. The southern lot is vacant and the northern lot has a warehouse building onsite.
There is an existing office building to the south of the project site. The requested zone
change for the project site, allowing for future residential development, would be
compatible with the adjacent property due to the low impact office use. The office building
would also act as a buffer between the residential use and the neighborhood market at
the corner of Olive Avenue and 17th Street. The parcel to the south, which has a zoning
359
Attachment No. 1.2
designation of CG and a General Plan land use designation of RMH, will eventually be
rezoned to be consistent with the General Plan land use designation. If this happens, the
entire block have consistency between the zoning designation and the General Plan land
use designation.
The Zoning Map Amendment will bring the zoning designation into consistency with the
General Plan land use designation. The Zoning Map Amendment facilitates future
construction of two new single-family homes, which will continue the land use pattern of
single family residential uses in the surrounding areas and assist in meeting the overall
housing needs of the community. The zoning map amendment supports infill development
of two single-family residences that are compatible in proportion, scale, and character with
the surrounding neighborhood because there are similar single-family units to the north,
east, and west of the site.
B. Housing Element
Policy 1.1 Neighborhood Character: Preserve the character, scale, and quality of
established residential neighborhoods.
Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of
housing that responds to diverse community needs in terms of housing types, cost and
location, emphasizing locations near services and transit that promote walkability.
Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic
segments of the community, including lower, moderate, and upper income households, to
maintain a balanced community.
The zoning map amendment will preserve the character, scale, and quality of the existing
neighborhood because it involves the construction of two single-family residences that are
similar to the surrounding single-family residential units and provides a diversified mix of
housing types for the different needs of the community.
2. Zoning Map Amendment No. 20-001 will change the zoning on the subject site to RMH-A
which is compatible with surrounding residential area. It will not change a general land use
provision, the uses authorized in, and the standards prescribed for the proposed zoning
district.
3. A community need is demonstrated for the change proposed because the RMH-A designation
is more compatible with the surrounding residential area than the existing CG designation.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because the RMH-A designation provides for the continuation of the residential
character of the surrounding area and reduces the potential encroachment of incompatible
land uses into an established residential area. The zoning map amendment would result in
zoning and General Plan land use designations that are consistent with one another and
would allow the property to be rightfully developed.
360
361
362
363
364
365
VICINITY MAP
ZONING MAP AMENDMENT NO. 20-001
(NGUYEN PROPERTIES – 311 17TH STREET)
366
367
EXISTING ZONING DESIGNATION
LEGEND
CG Commercial General
OS-PR Open Space – Parks and Recreation
RMH-A Residential High Density – Subdistrict
368
PROPOSED ZONING DESIGNATION
LEGEND
CG Commercial General
OS-PR Open Space – Parks and Recreation
RMH-A Residential High Density – Subdistrict
369
City of Huntington Beach
File #:20-1709 MEETING DATE:7/14/2020
PLANNING COMMISSION STAFF REPORT
TO:Planning Commission
FROM:Ursula Luna-Reynosa, Community Development Director
BY:Tess Nguyen, Associate Planner
SUBJECT:
ZONING MAP AMENDMENT (ZMA) NO. 20-001 (NGUYEN PROPERTIES)
REQUEST:
To amend the zoning designation of two parcels, each approximately 2,937.50
sq. ft., from the current designation of Commercial General (CG) to Residential
Medium High Density - Small Lot Subdistrict (RMH-A)
LOCATION:
311 17
th Street, 92648 (west side of 17
th Street, north of Olive Avenue) - APN #
023-156-13 and APN # 023-156-14)
APPLICANT:
John Tran, 10455 Circulo de Zapata, Fountain Valley, CA 92706
PROPERTY
OWNER:
Toan Bao Nguyen, 14221 Euclid Street, Suite D, Garden Grove, CA 92843
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Is the Zoning Map Amendment proposed designation compatible with the surrounding area?
2. Does the project satisfy all the findings required for approving a Zoning Map Amendment?
3. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
That the Planning Commission take the following actions:
A) Find the proposed project exempt from the California Environmental Quality Act (CEQA)
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A) Find the proposed project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15183 - Projects that are consistent with an adopted General Plan for
which an Environmental Impact Report was prepared and certified.
B) Recommend approval of Zoning Map Amendment No. 20-001 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. ___ and forward to the City Council.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Map Amendment No. 20-001 if the Planning
Commission cannot make all the required findings of Section 247.10 of the Zoning Code.
B) Continue Zoning Map Amendment No. 20-001 and direct staff accordingly.
PROJECT PROPOSAL:
Zoning Map Amendment No. 20-001 is a request to amend the zoning designation of two parcels
from the current designation of Commercial General (CG) to Residential Medium High Density -
Small Lot Subdistrict (RMH-A) pursuant to Chapter 247 of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO).
The current zoning designation on the properties is Commercial General (CG) and the General Plan
land use designation is Residential Medium High Density (RMH). The request to amend the zoning
designation is necessary in order to be consistent with the current General Plan designation of
Residential Medium High Density (RMH) and to facilitate residential development of the parcels with
consistent land use designations. The RMH-A zoning designation allows one unit per 25 feet of
frontage for lots 50 feet or less in width or one unit per 1,900 sq. ft. for lots greater than 50 feet in
width.
Background:
In 1993, the subject parcels had a residential zoning designation. The southern lot was vacant and
the northern lot was occupied by a commercial building, which was non-conforming with the
residential zoning designation. The former property owner requested a zone change of the site from
a residential to a commercial designation in order to allow commercial development of the vacant
parcel and to have the appropriate zoning for the commercial building.
In September 1993, the City Council approved a request to rezone the site from a residential zone
(Townlot Specific Plan Section B) to C2 (Community Business). The requested zone change was
approved by the Planning Commission in July 1993. At the Planning Commission and City Council
hearings, staff had recommended denial of the zone change because the proposed zone change did
not conform with the General Plan Land Use designation and it was not consistent with surrounding
residential land uses. The former property owner never pursued development of the vacant parcel
and the commercial building remained in place. The property has now changed ownership and the
new owner is pursuing the zoning change to return the residential designation.
The current zone change request from a commercial to a residential designation would be consistent
with the General Plan Land Use designation and the previous zoning designation of the site. In
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File #:20-1709 MEETING DATE:7/14/2020
with the General Plan Land Use designation and the previous zoning designation of the site. In
addition, the zone change would allow for the development of residential uses on the site, which
would be compatible with the surrounding residential land uses.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property:RMH (Residential
Medium High Density)
CG (Commercial
General)
Vacant and
Warehouse
North, East, and
West of Subject
Property:
RMH (Residential
Medium High Density)
RMH-A (Residential
Medium High Density
- Small Lot
Subdistrict)
Single-Family
Residential and Multi-
Family Residential
South of Subject
Property:
RMH (Residential
Medium Density)
CG (Commercial
General)
Commercial
General Plan Conformance:
The General Plan Land Use Map designation on the subject property is RMH (Residential Medium
High Density). The proposed project is consistent with this designation and the goals, policies, and
objectives of the City’s General Plan as follows:
Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure the
land use pattern in consistent with the overall goals and needs of the community.
Policy LU-1A: Ensure that development is consistent with the land use designations presented in the
Land Use Map, including density, intensity, and use standards applicable to each land use
designation.
Policy LU-1D: Ensure that new development projects are of compatible proportion, scale, and
character to complement adjoining uses.
Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social
needs of future and existing residents, while neighborhood character and residences are well
maintained and protected.
The project site is located on two parcels on the west side of 17
th Street and north of Olive Avenue.
The southern lot is vacant and the northern lot has a warehouse building onsite. There is an existing
office building to the south of the project site. The requested zone change for the project site,
allowing for future residential development, would be compatible with the adjacent property due to
the low impact office use. The office building would also act as a buffer between the residential use
and the neighborhood market at the corner of Olive Avenue and 17
th Street. The parcel to the south,
which has a zoning designation of CG and a General Plan land use designation of RMH, will
eventually be rezoned to be consistent with the General Plan land use designation. If this happens,
the entire block would have consistency between the zoning designation and the General Plan land
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the entire block would have consistency between the zoning designation and the General Plan land
use designation.
The Zoning Map Amendment will bring the zoning designation into consistency with the General Plan
land use designation. The Zoning Map Amendment facilitates future construction of two new single-
family homes, which will continue the land use pattern of single family residential uses in the
surrounding areas and assist in meeting the overall housing needs of the community. The zoning
map amendment supports infill development of two single-family residences that are compatible in
proportion, scale, and character with the surrounding neighborhood because there are similar single-
family units to the north, east, and west of the site.
Housing Element
Policy 1.1 Neighborhood Character: Preserve the character, scale, and quality of established
residential neighborhoods.
Policy 2.1 Variety of Housing Choices: Provide site opportunities for development of housing that
responds to diverse community needs in terms of housing types, cost and location, emphasizing
locations near services and transit that promote walkability.
Goal 3.1 Housing Diversity: Encourage the production of housing that meets all economic segments
of the community, including lower, moderate, and upper income households, to maintain a balanced
community.
The zoning map amendment will preserve the character, scale, and quality of the existing
neighborhood because it allows for future construction of two single-family residences that are similar
to the surrounding single-family residential units and provides a diversified mix of housing types for
the different needs of the community.
Zoning Compliance:
The subject parcels will be required to comply with all the development standards of the RMH-A
zoning district of the Huntington Beach Zoning and Subdivision Ordinance.
Urban Design Guidelines Conformance:
Future development proposals on the project site will be reviewed for compliance with the citywide
Urban Design Guidelines.
Environmental Status:
The project will not have any significant effect on the environment and is exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15183. Section 15183
applies to projects that are consistent with an adopted General Plan for which an Environmental
Impact Report (EIR) was prepared and certified and where there are no potential environmental
effects peculiar to the proposed project. The project meets all criteria under Section 15183 and does
not require additional environmental review. The City’s General Plan was updated and adopted and
the EIR was certified on October 2, 2017. The General Plan update and EIR considered the type and
intensity of development, including the assignment of the RMH land use designation for the project
site parcel and the adjacent area. The project will not result in any potential environmental impacts to
the site because the project is consistent with the development standards in the proposed zoning
designation of RMH-A and is consistent with the adopted General Plan and analyzed in the certifiedCity of Huntington Beach Printed on 7/10/2020Page 4 of 5
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File #:20-1709 MEETING DATE:7/14/2020
designation of RMH-A and is consistent with the adopted General Plan and analyzed in the certified
EIR.
Coastal Status:
Not applicable.
Design Review Board:
Not applicable.
Subdivision Committee:
Not applicable.
Other Departments Concerns and Requirements:
Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on July 2, 2020, and notices were sent to
property owners of record and occupants within a 500 ft. radius of the subject property,
individuals/organizations requesting notification (Community Development Department’s Notification
Matrix), applicant, and interested parties.
Application Processing Dates:
DATE OF COMPLETE APPLICATION:MANDATORY PROCESSING DATE(S):
April 3, 2020 Not applicable for legislative application
SUMMARY:
Staff recommends approval of Zoning Map Amendment No. 20-001 based on the following:
-The Zoning Map Amendment is consistent with the General Plan goals, objectives, and
policies.
-The Zoning Map Amendment will not change a general land use provision and the uses and
standards for the proposed zoning district.
-A community need is demonstrated for the proposed change.
-The Zoning Map Amendment will be in conformity with public convenience, general welfare,
and good zoning practice.
ATTACHMENTS:
1. Suggested Findings of Approval for ZMA No. 20-001
2. Draft City Council Ordinance for ZMA No. 20-001
3. Vicinity Map
4. Project Narrative Received and Dated March 3, 2020
5. Existing and Proposed Zoning Maps
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NGUYEN PROPERTIES
Zoning Map Amendment
No. 20-001
311 17th Street
September 8, 2020
375
SUBJECT SITE
Location:
West side of 17th St.,
north of Olive Ave.
APNs:
023-156-13
023-156-14
Existing General Plan:
RMH
Existing Zoning:
CG
376
ZMA REQUEST
ZMA No. 20-001:
To amend zoning
designation of two
parcels from the current
designation of
Commercial General
(CG) to Residential
Medium High Density -
Small Lot Subdistrict
(RMH-A)
Existing Zoning Map 377
BACKGROUND
‒Previous Zoning:
•residential zoning at the site
•southern lot vacant
•northern lot occupied by a commercial building
•former property owner requested zone change to
commercial designation
‒Requested Zone Change:
•1993—City Council and Planning Commission
approved zone change
•staff recommended denial of the zone change
378
ANALYSIS
‒General Plan:
•Consistent with existing General Plan land use
designation (RMH)
•Consistent with General Plan goals and policies
‒Land Use Compatibility:
•Land use/zoning to be more compatible with the
surrounding residential area compared to existing
designation
379
RECOMMENDATION
‒Planning Commission recommended approval of the
Zoning Map Amendment on July 14, 2020
‒Staff recommends approval of the Zoning Map
Amendment
380
City of Huntington Beach
File #:20-1884 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Chris Slama, Director of Community Services
Subject:
Approve the Huntington Central Park West Playground Equipment Design Concept
Statement of Issue:
There is a need to replace the aged playground equipment in the Huntington Central Park West area
near Lake Huntington with Americans with Disabilities Act (ADA) accessible equipment.
Financial Impact:
Funding in the amount of $1,324,000 is included as part of the Central Park Group Picnic Area
Improvements project in the Fiscal Year 2020/21 Capital Improvement Program, accounts 22645011
and 22845021. The estimated cost of the playground equipment improvements is $1,251,000.
Recommended Action:
Approve the Huntington Central Park West playground equipment design concept as approved by the
Community Services Commission at their September 10, 2020 meeting.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
There are two tot lots just northeast of Lake Huntington in Huntington Central Park West that are in
need of replacement, and are currently listed on the City Council approved Park Playground
Equipment Replacement Priority List.
At the August 12, 2020, Community Services Commission (CSC) meeting, staff conducted a study
session item presenting a design concept for new equipment in the aforementioned area. Staff
conveyed that there has been community interest for a specialized, flagship playground within the
City, and that the proposed location provides opportunity for innovative equipment that would create
connectivity between the two existing playground locations.
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File #:20-1884 MEETING DATE:9/21/2020
As presented to CSC, the proposed equipment (Attachment 1) features cable/rope based climbing
activities designed to challenge and stimulate children physically, mentally, and emotionally. While
some of the features incorporated are taller than traditional playgrounds, all of the equipment in this
design meets the required guidelines for playground safety. Safety mesh is incorporated into the
design to prevent any possibility of falling from the highest points.
At their September 10, 2020 meeting, the CSC approved the design concept and are now forwarding
their approval for City Council approval.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Huntington Central Park West Playground design by Dave Bang Associates, Inc.
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HCP West Playground
City of Huntington Beach
If you can imagine it, we can make it happen. Let’s play
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Huntington Beach HCP West Playground
Design Narrative, page 1 of 2
The play equipment design for the HCP West Playground is truly one of a kind. Featuring
cable/rope based climbing activities designed to challenge and stimulate children physically,
mentally, and emotionally, as well as providing social interaction and gathering spaces, there
really is nothing like it. Following are several design features and notes that I would like to
discuss and share.
Perceived risk-based play features heavily within this design. Creating perceived risk and
decision making play experiences have long been a goal for playground designers, but many
traditional play areas are limited in this regard. Studies have shown that the decline of risk -
based play can stunt a child’s development and hinder their ability to make important
decisions later in life. It’s very important to note that perceived -risk is inherent in all forms
of play to varying degrees and even though we may call something risk-based, it does not
mean that piece is not safe. In design, we delineate between risk and hazard: promoting risk
and eliminating hazards. The Pentaboo and DNA Tower prominently feature height as a
means to generate thoughtful decision making, develop proprioceptive stimulation, and
assess risk. It’s important to note that even though these pieces are tall, they are safe and
meet all safety guidelines. Due to the layout of the net structures, it is not possible for a
child to fall vertically if they lose their grip. They will instead fall onto other cables below. For
pieces like the “net tunnel”, the child is given the sensation of being suspended in the air
while still being in a safe, enclosed environment. The remaining pieces offer a varying degree
of challenge where children who may otherwise feel intimidated or not quite ready to climb
on the higher components can have fun and develop a comfort level within the play space.
There is no greater feeling for a child than that of finally conquering that climbing piece that
they were once too scared or intimidated to climb.
While we may not explicitly call this design “Inclusive”, inclusive play design plays a strong
role in this design and all designs we do. All of the components within the space are
considered “ground based” and many, if not most can be accessed, played on, and played
around on the ground level. In addition, there are several areas within the play space where
equipment is grouped with similar types of components but with varying degrees of
challenge. This allows users of different abilities to play in the same area with others of
diverse physical/cognitive backgrounds. Also, socialization and cooperative play is
prominently featured, which is a crucial element of inclusive design.
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Huntington Beach HCP West Playground
Design Narrative, page 2 of 2
Physical development is another major factor within the design. Climbing is obviously a large
feature within the space, from the Pentaboo and DNA Tower offering large and complex
climbing opportunities, to the “Terranos” climbers that offer a lower-to-the-ground climbing
experience. In addition, balance and core strengthening is a huge part of the play area. By
nature, rope based play offers a unique experience. Unlike steel bars which are stationary,
ropes move with the touch of the user necessitating a more careful and thoughtful play
experience. We also feature our “flubber” play pieces, which are made of conveyer belt-like
rubber mats that move and flex to the user, creating a fun and challenging adventure, further
developing balancing skills.
Because we expect this park to draw in a large and diverse number of children, I specifically
designed a separate play area for younger children within the 2-5 year age group. This space
includes a swing area, a large group see-saw, some concrete dinosaur bones in a sand area
for kids to explore, as well as a large age appropriate unit with a wide variety of play
experiences like climbing, sliding, swaying/rocking, and interactive panels that feature sensory,
fine motor based, tactile, and interactive elements.
Some of the pieces not already discussed include the Terranos style play pieces that will be
installed on a slope featuring impact absorbent artificial turf. By installing on a slope and
using the landscape to help form the play experience, children are presented with new and
unique challenges. I feel confident that one of the highlights and most used elements of the
play space will be the double speedway zip lines. Featuring rope landings and access points
as well as a zip line length that measures almost 70’, I believe this will be a piece that kids
line up for!
In closing, I want to thank you for this opportunity. I understand how unique and special this
space and project is. I truly believe in the transformative influence that play has on our
communities and I know this space will have an impact that will last generations.
Respectfully Submitted,
Alex Beron
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PENTABOO L
MESH NET TUNNEL
TOWER9
DNA TOWER L.04
FAST LANE SLIDE
SLACK LINE
LAYAWAY WALK
FLUBBER CUBE
CHESSBOARD BRIDGE
SPEEDWAY.13
AIRWALK
CROSSED FLUBBER
SCULPTURA.02
WESPENNEST.120
CROSSED STAIRWAY
SWINGS
QUATTRO SEESAW
ACTIVO BAMBINO
DIGGABLES
1
3
4 5
6
7
8
9
10
11
12
13
14
15
16
17
18
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19
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2
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DESIGNED FOR:
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Central Park West Playground
1 Pentaboo L
395
Central Park West Playground
2 Mesh Net Tunnel
Net Tower/Tunnel Components
3 Tower9
396
Central Park West Playground
4 DNA Tower L.04
DNA Tower with Slide
5
Fast Lane Slide
397
Central Park West Playground
Slack Line
Terranos Bridges and
Climber Components 6
Layaway Walk 7
398
Central Park West Playground
Flubber Cube
Flubber Components
8
Chessboard Bridge with Splash Base
9
399
Central Park West Playground
Speedway.I3
Speedway Zip Line
10
400
Central Park West Playground
Airwalk
Terranos Bridges and Climber Components
11
Sculptura .02 13
Crossed Flubber 12
Crossed Stairway 15
Wespennest .120
14
401
Central Park West Playground
Swings
2-5 Year Old Play Components
16 Quattro Seesaw17
19 Diggables18 Activo Bambino
402
Huntington Beach Central Park West Playground
Frequently Asked Questions
Q: This playground looks different. Is it compliant with safety regulations?
A: You’re right—this is definitely a unique playground design. Because of that, there can be a
perception that it does not meet the same safety requirements as most traditional playgrounds.
In reality, all of the equipment in this design meets the required ASTM guidelines (F-1487) for
playground safety. Accordingly, a letter from the President of Berliner, David Kohler, is attached
confirming compliance to the ASTM guidelines.
Q: This looks pretty high—should we be worried? Is it safe for children to play on?
A: The two main, and highest, features of the play space are our Pentaboo and DNA Tower. The
Pentaboo is just over 24’ high with the highest accessible portion being just over 16’ high. The
DNA Tower is 23’-6” high with the highest accessible portion being just over 16’ high. The
DNA Tower has a 9’-8” fall height. The fall height of the Pentaboo is 6’ per the ASTM definition
of fall heights for “3-D Nets”. This is because the design of the net eliminates a vertical path for
falling due to the sizing of the cells. In short, if I child were to fall they would not fall directly to
the ground but would fall to ropes lower on the structure. I have included a couple images that
showcase this below.
For both of these pieces, safety mesh is incorporated into the design to prevent against any
pos-sibility of falling from the highest points. In addition to this, it’s believed that children
actually tend to play more thoughtfully and carefully when playing on equipment that is higher.
They tend to experience increased focus and control, keeping two points of contact on the
ropes at all times. Finally, in over 48 years of manufacturing rope based play equipment, Berliner
has never
had a serious or life threatening accident reported.
403
Huntington Beach Central Park West Playground
Frequently Asked Questions
Q: Is the equipment designed for older kids or can younger children play on it as well?
A: The equipment in the “upper” portion of the play area is designed for children ages 5-12.
There is an area that is specifically designed for younger children, ages 2-5 in the lower area
closer to the lake. This area includes many sensor y, interactive, and dynamic play components
including swings, seesaw, a structure with a slide, climbing components and panels, as well as a
small sand area with faux-fossil structures for kids to play archeologist!
Q: This park is very popular with runners and walkers. Will the expansion of the play area cre-
ate an issue with the current walkways?
A: This was a factor that was considered during design. It was observed that the trails were
heavily used. The “linking” of the two existing play areas would potentially block off foot traffic
so the idea of making a pathway through the play area came about. The design includes a small
pathway delineated with a different color in the rubber surfacing where the existing trails will
end and pick back up again. In addition, there will be a rope tunnel that will be over this
portion of the rubber “trail” which creates a unique feature.
Q: Has this type of equipment been installed in other parks in Southern California?
A: Even though this is a unique design, many of the same components and features have been
installed at park sites all over California where communities are looking to create destination
play experiences. Several of these sites are located in Southern California and some even in
Orange County. The site with the closest approximation in design and proximity would be the
“Backyards Linear Park” in Rancho Mission Viejo. Photos of this space are included in this
presentation. In addition, several images are included of other high profile parks throughout
the country and globe.
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Huntington Beach Central Park West Playground
Frequently Asked Questions
Q: How durable is the equipment? Will this become a maintenance nightmare?
A: All of the cables feature a steel reinforcement with 4-6 strands as well as a steel core, cov-
ered with a polyester yarn. The cables feature the highest abrasion and color fastness in the in-
dustry. Because of this, the equipment should last for years without failures. In the event that a
rope needs to be replaced, you are able to replace small sections (not the entire piece)
relative-ly easily. In addition, because of the steel core on the cable it is extremely difficult for
the cables to be vandalized by cutting them. Finally, Dave Bang Associates has 4 full time field
service tech-nicians and we offer free warranty replacement as a value added service.
Q: Does the equipment meet ADA standards?
A: As all of the equipment is considered ground based play and does not feature any elevated
platforms like traditional equipment, the entire space would comply with ADA standards. Be-
yond that, we feel the design meets the intent of an Inclusive Playground. All of the pieces are
accessed on the ground level and many of the components can be played with while on the
ground. There are many areas where varying degrees of challenge are featured. All of these are
hallmarks of Inclusive design.
Q: I’m concerned about vandalism and older kids getting onto the equipment inappropriately
—is there anything that can be done to prevent this?
A: This particular design was based on an effort to eliminate enclosures and hiding spots. With
the open cable design there should not be any opportunities for people to access and hide
within the equipment. This open design also helps with parental supervision. In addition, with
less surface area, there should be fewer opportunities for vandalism.
405
Berliner Seilfabrik
Play Equipment Corporation
96 Brookfield Oaks Dr Ste 140
Greenville, SC 29607
Phone +1.864.627.1092
Fax +1.864.627.1178
info@berliner-playequipment.com
06/03/2020
www.berliner-playequipment.com
To whom it may concern:
All products proposed on Huntington Beach Park project provided by Berliner Seilfabrik,
produced by Berliner Seilfabrik GmbH & Co. and exclusively distributed in the U.S. by
Berliner Seilfabrik Play Equipment Corporation are compliant to the ASTM F1487,
CPSIA 2008, ISO 9001, and ISO 14001 guidelines.
Best regards,
David Koehler
(IPEMA certified Inspector &
President of Berliner Seilfabrik Play Equipment Corporation)
406
Backyards Linear Park Rancho Mission Viejo, CA Central Park West Playground 407
Central Park West Playground Greensboro Children’s Museum Greensboro, NC 408
Central Park West Playground Varosliget Park
Budapest, Hungary
409
Central Park West Playground Beresford Park
San Mateo, CA
410
Central Park West Playground South Park San Francisco, CA 411
City of Huntington Beach
File #:20-1837 MEETING DATE:9/21/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
City Council consideration of directing staff to prepare an Ordinance regulating Short-Term
Rentals (STRs)
Statement of Issue:
As a follow up to the September 3, 2019,study session, staff is prepared to provide additional
information regarding short-term vacation rentals (STRs), including three regulatory framework
alternatives. STRs are not currently permitted within residential districts in the City. The purpose of
this item is for the City Council to consider whether to direct staff to prepare an ordinance permitting
and regulating STRs based on the information provided and attached to this report.If the City
Council directs staff to prepare a short-term rental ordinance, staff will return with an ordinance for
City Council consideration later this year.
Financial Impact:
Not applicable. Should the City Council direct staff to come back with a proposed ordinance to allow
and regulate STRs, staff will identify the fiscal impact associated with such ordinance at that time.
Recommended Action:
Provide staff with direction on one of the following options which would require the City Council to
consider if these proposed regulations apply to the entire City or only portions of town:
1. Direct staff to prepare an Ordinance regulating STRs with the Low Threshold Regulations;
2. Direct staff to prepare an Ordinance regulating STRs with the Medium Threshold Regulations;
3. Direct staff to prepare an Ordinance regulating STRs with the High Threshold Regulations.
Alternative Action(s):
Do not direct staff to prepare an Ordinance regulating STRs, preserving the current prohibition of
STRs.
Analysis:
At the Strategic Planning Retreat in February 2019, the City Council directed staff to conduct a study
session on the opportunities and challenges associated with STRs. The City engaged with Lisa Wise
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Consulting (LWC) and Host Compliance to provide an analysis and options for permitting and
regulating STRs in Huntington Beach. At the September 3, 2019, City Council Study Session, an
overview of the number of STRs in Huntington Beach was presented. In addition, case studies of
four coastal cities (Carlsbad, Carpinteria, Newport Beach, and Pismo Beach) and the range of
approaches in regulating STRs in the coastal zone were presented (see Attachment Nos. 1 and 2).
The City Council inquired about the following topics and requested that staff return with more
information:
-hosted vs. unhosted STRs
-primary resident requirements
-potential revenues and costs
-“grandfathering” of existing STRs
-potential expansion in the number of STRs, if permitted
-host compliance service
-enforcement mechanisms
-code enforcement companies
-potential impacts (parking, noise from special events and parties)
As a follow up to this request for information, additional research (see Attachment No. 3) and analysis
will be presented to the City Council at the September 21
st City Council meeting on the following
topics:
-definition of hosted vs. unhosted STRs
-primary resident requirements
-enforcement protocols
-projections of short-term rentals market in Huntington Beach
-code enforcement services available to an STR owner/operator
-parking requirements for STRs
-findings from community engagement efforts (stakeholder interviews, community survey)
-potential revenues
-regulatory alternatives (low threshold, medium threshold, high threshold)
LWC and staff engaged in significant community outreach following the Study Session. The purpose
of the outreach was to obtain constituent feedback from a broad group of stakeholders to gain better
understanding of the community’s tolerance and concerns related to STRs.
Three options of regulatory framework for STRs have been created based on stakeholder feedback
and case study research to tailor the potential regulations specifically for Huntington Beach. These
options build upon themselves and increase the intensity of regulations with each threshold (see
Attachment No. 4).In considering the tiered framework options, the City Council could select an
option in its entirety or mix regulatory requirements from the three alternatives in providing direction
to prepare an ordinance.
1. Low Threshold Regulations
These regulations consist of moderate regulatory oversight from the City and transparency
from STR property owners and include the following measures:
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§Code Enforcement (Existing Nuisance Ordinances)
The City’s enforcement would use existing nuisance laws,such as noise, safety, and
property maintenance, as well as inspections and monitoring on-street parking.
§Transient Occupancy Tax (TOT)
The City would require STR owners to register their property with the City and to have
them pay the Transient Occupancy Tax, commonly known as the hotel bed tax .
§Local 24 Hour Hotline
The City would establish a 24 hour hotline for STR-related complaints utilizing the revenue
from the TOT. Complaints would be funneled to the Code Enforcement Division for
investigation.
§Notice to Neighbors
STR owners would be required to send out a notice to all properties within 500 feet to let
neighbors know that an STR is in operation at a certain address. The notice would include
the STR owner’s contact information and the 24 hour hotline number.
§Owner Contact Information
The STR owner would post their contact information in a high-visibility area along the
primary frontage. Neighbors would be able to contact the owners directly if any issues
arise.
§STR Registration
The City would require STR owners to register their units with the City and the City would
have an internal database to know exactly how many STRs are operating and their
locations. No fees or specific permits would be required to operate an STR in the City.
2. Medium Threshold Regulations
These regulations build upon the ‘Low Threshold’ category,but with increased regulatory
oversight by the City, and include the following measures:
§Exempt Status
The City could allow for an exempt status for STRs already in operation to continue (or
allow for an amortization period),but would require new ones to apply for a use permit and
pay an associated business license fee prior to operation.
§STR Permit & Business License Fee
The City would require a STR operator’s permit and business license and associated fees.
§STR Permit Renewal (Annual)
The City would require every permitted STR owner to renew their permit on an annual
basis if the owner chooses to continue renting.
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§Tourism BID
The City would require STR owners to pay into the Tourism BID.
3. High Threshold Regulations
These regulations build upon the ‘Low Threshold’ and ‘Medium Threshold’ sections with
maximum regulatory oversight by the City and maximum transparency from the STR property
owners and include the following measures:
§On-Site Owner
The City would require all STR owners to either live on the same property of their STR
(hosted stay) or within a close distance (ex. 500 feet) to ensure that the STR has proper
oversight and the owner is held accountable. Further, the City could impose a primary
residency requirement,which would limit the number of days that the unit can be rented
and would prevent investors from converting residential dwelling units into investment
properties.
§Minimum/Maximum Days of Stay
Minimum and maximum number of days of stay would be enforced to ensure predictability
for surrounding neighbors and the local STR market in general.
§People per Bedroom Limit
Limits would be placed on the number of people utilizing an STR at any one time to
prevent potential overcrowding and other negative impacts.
§Cap on Amount of STRs
The City would establish a total number of STRs that are allowed and enforce that law
through the official STR permitting process.
§Conformance with Covenants, Conditions, and Restrictions (CC&Rs)
While cities don’t typically enforce CC&Rs, if the CC&Rs expressly prohibit STRs, the City
will not issue a STR permit.
§Neighborhood Zones (Geographic Limitations)
Neighborhood Zones would be created to disburse the allowable amount of STRs in the
City. In this case, there would be a maximum allowable amount of STRs per neighborhood.
This represents the strictest possible measures; an overall cap on the number of STRs in
the city and geographic limitations on how many units are allowed in certain
neighborhoods.
The City Council’s direction tonight would result in staff preparing and bringing back short-term rental
regulations via an ordinance for Council consideration.
Environmental Status:
This item involves the City Council direction to prepare an ordinance regulating short-term rentals
and is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), which
exempts activities where it can be seen with certainty that there is no possibility that the activity may
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exempts activities where it can be seen with certainty that there is no possibility that the activity may
have a significant on the environment. The provision of the City Council direction in this case does
not commit the City Council to adopting an ordinance. Upon direction from the City Council, staff will
prepare an ordinance regulating short-term rentals and conduct environmental review in accordance
with CEQA.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Case Study Summary Memo - September 3, 2019
2. PowerPoint Presentation - September 3, 2019
3. Research Summary Memo - September 21, 2020
4. Short-Term Rental Analysis - September 21, 2020
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983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM | 1
CASE STUDIES SUMMARY MEMO
SHORT-TERM RENTAL CASE STUDY ANALYSIS
CITY OF HUNTINGTON BEACH
To: City of Huntington Beach
From: Lisa Wise Consulting, Inc. (LWC)
Date: August 26, 2019
INTRODUCTION
The recent rise of the sharing economy, particularly the significant growth in short-term rentals (STRs),
presents opportunities and challenges for communities and lawmakers. While the rise of STRs presents
some consistency in policy challenges across jurisdictions, a range of regulatory responses have been
instituted to address specific local issues. This memo addresses responses in four California cities for
the City of Huntington Beach (City) to consider.
This memo describes STR regulations of four California cities: Carlsbad, Carpinteria, Newport Beach, and
Pismo Beach. The four case studies were selected by the City in coordination with LWC as representative
of a range of approaches in coastal jurisdictions. Various approaches have been implemented
throughout California and nationally.
SUMMARY
Table 1 provides a summary comparison across the four STR case studies. A detailed discussion of each
case study’s STR regulations follows this Summary section.
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983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM | 2
Table 1 – Short-Term Rental Case Studies Summary
Carlsbad, CA Carpinteria, CA Newport Beach, CA Pismo Beach, CA
Year Regulations
Implemented 2015 2017 2004 2019
Estimated Number
of Active STRs 1 690 215 with licenses, total
unknown 1,451 15 with permits, 4
pending, total unknown
Overview
Allowed in the Coastal
Zone and La Costa Resort
Area. Banned outside of
the Coastal Zone.
Vacation rentals limited to
an overlay zone. Overlay
zone sets vacation rental
caps by four sub-areas.
Home stays are allowed.
Not allowed in single-
family residential zones or
single-family homes in
planned developments or
specific plan areas. STRs as
of June 1, 2004 are
grandfathered.
Only allowed in single-
family homes that are
primary residences (owner
must reside at the home
183 days or more per
year).
Host Requirements
Local 24-hr contact. Notify
adjacent neighbors. Post
Permit on exterior of unit.
Provide guests with City
rules and regulations.
Vacation rentals: 24-hr
contact within 30 miles,
notify neighbors within
100ft, and post contact info
on exterior of unit.
Local 24-hr contact.
Provide guests with City
rules and regulations. Best
efforts to prevent nuisance
activities.
Local 24-hr contact.
Provide guests with City
rules and regulations.
Operational
Limitations
Special events prohibited.
Max. 2 ppl/bedroom plus
1.
Vacation rentals: special
events prohibited; max. 2
ppl/bedroom plus 2.
Number of occupants
limited per Building Code.
Max. 2 ppl/bedroom plus
2. Parking spaces required
per bedroom.
STR Permit Short Term Vacation Rental
Permit
Vacation Rental/Home Stay
License
Short Term Lodging
Permit/TOT Registration Short Term Rental Permit
STR Permit Fee No fee $315 $103 $399
STR Permit
Renewal
Annual renewal required
(no fee) Annual renewal ($105 fee) Annual renewal (no fee)
Does not expire (business
license must be renewed
annually)
TOT 10% effective rate 12% 10% effective rate 14%
Business License
Fee/Tax2
$25 plus $0.30 per each
$1,000 annual gross
receipts
N/A (Vacation
Rental/Home Stay License
serves as a business
license)
$174 for residentially
based businesses
$30 plus tiered flat fee per
annual gross receipts (e.g.,
$20 for receipts up to
$25,000)
California Coastal
Commission
STRs allowed in Coastal
Zone
Regulations approved by
Coastal Commission
Not reviewed by Coastal
Commission (regulations
not in Local Coastal
Program)
Coastal Commission
approved July 2019
1 Estimated Number of Active STRs includes all licensed and unlicensed STRs estimated within each city.
2 Fees identified exclude State fees.
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Each City approaches STR regulation differently based on unique circumstances and objectives, and
some are continuing to explore methods to improve STR-related procedures and enforcement. Clear
and simple regulations are often most efficient to administer and enforce, but STR regulation has
proven to be complicated in the sharing economy era. The reliance on online hosting platforms to take a
role in ensuring legality of STRs is apparent but brings significant challenges as well3. This memo
provides insight on potential regulatory strategies the City may consider.
CASE STUDIES
Carlsbad, CA
The City of Carlsbad adopted STR regulations in 2015. The City established its regulations to limit the
negative impacts of STRs, which was generally seen as neighborhood compatibility, and ensure access to
the coast, consistent with the California Coastal Commission. STRs in Carlsbad are only allowed in the
Coastal Zone (see Figure 1).
Figure 1: City of Carlsbad, Coastal Zone Map
3 A ruling filed on March 13, 2019 by the United States Court of Appeals for the Ninth Circuit affirmed the dismissal
of a complaint brought by HomeAway.com and Airbnb Inc. against the City of Santa Monica for imposing various
obligations on hosting platforms. Based on this ruling, increased participation may be seen from hosting platforms
with both data-sharing and enforcement issues.
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STRs are banned everywhere outside of the Coastal Zone, except for the La Costa Resort and Spa Master
Plan area, within which two buildings are permitted to host STRs following an owner led petition 4. While
Staff notes that generally residents are content with the regulations, there have been negative
responses from homeowners who purchased their home without understanding the City’s STR
limitations (i.e., STRs are prohibited outside of the Coastal Zone). The City’s STR regulations are in
Business License and Regulations, Title 5 of the Municipal Code (Chapter 5.60).
Carlsbad’s regulations make no distinction between home sharing (e.g., rental of a portion of a unit or
when the host is on-site during rental activity) and the rental of an entire unit; both require the City’s
Short-Term Vacation Rental (STVR) Permit and a business license. STVR Permits must be renewed
annually. As part of this Permit, the City requires a local 24-hour contact person for the purpose of
responding within 45 minutes to complaints regarding the conditions, operation, or conduct of
occupants of the STR. STR owners must acknowledge receipt of the City’s “Good Neighbor Brochure”
when applying for a STVR Permit. Additional standards include:
• Provide the “Good Neighbor Brochure” to the renter.
• The STVR Permit shall be posted on the exterior of the unit within plain view of the general
public with the 24-hour contact’s phone number (only required to be posted during rental
activity).
• Limit the number of occupants to two per bedroom or studio plus one per unit.
• No amplified or reproduced sound shall be used or audible from the property line between
10:00 p.m. and 10:00 a.m 5.
• Trash shall not be left stored within public view except in proper containers for the purposes of
collection.
• To the greatest extent possible, occupants and guests shall utilize on-site parking and avoid
parking on nearby residential streets.
In July 2018, the City amended its Ordinance to include a requirement that STR owners prepare and
distribute to adjacent neighbors an “Impact Response Plan”. This plan must state the owner’s intent to
operate a STR, the number of bedrooms that will be rented, and the phone number for the owner or the
owner’s authorized agent. The plan is distributed to all residents and property owners abutting or across
the street from the STR. The July 2018 amendment also included language that banned STRs in
timeshares and recreational vehicles and prohibited commercial activities and special events (e.g.,
weddings) at STRs.
4 The two condominium buildings in the La Costa Resort and Spa Master Plan require guests enter through the
resort to access units and are subject to additional oversite and restrictions established by the resort. Further, these
units were always intended to be vacation rentals. The exception for the La Costa Resort and Spa Master Plan was
the first amendment to the City’s STR regulations.
5 The City of Carlsbad does not have a noise ordinance.
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The City’s regulations require that "brokers" (i.e., hosting platforms such as Airbnb) ensure STRs listed
on their sites are registered with the City; however, Staff said this is not enforced. Staff estimates that
approximately 690 unique rental units are posted online within Carlsbad, with approximately 270 that
are licensed. The City opens approximately 350 STVR compliance cases per year, and Staff estimates at
least an 80% success rate for compliance cases. In general, Staff noted increased success in
enforcement as fines increase. Fines are levied at $100, $200, and $500 per violation, and the City
collects a 100% late fee (doubles the violation fine). Also, if three or more administrative citations,
verifiable violations, or hearing officer determinations occur within a 24-month period, the STVR Permit
may be revoked. In the event of Permit revocation, a STVR Permit may not be issued for that property
for three years. To date, no STVR Permit has been revoked.
Complaints have been limited, with Staff noting that most STRs are good neighbors, citing Carlsbad’s
family atmosphere and lack of party scene as contributing factors. Complaints are typically minor, such
as kids playing in a pool at night, and the City may not receive a complaint for months at a time.
However, City regulations include that the owner of an STR may be billed for law enforcement services
when a second or subsequent police response is required, and the police officer determines that
continued activity is a threat to the peace, health, safety, or general welfare of the public.
STR hosts are required to maintain a record of renters for three years, consistent with the TOT audit
process, and must make this information available to the City upon request. The City requires all STRs
pay TOT including non-compliant and illegal STRs. Staff speculates that STRs are cannibalizing existing
hotel business but noted that new hotels have been built in Carlsbad in recent years, obscuring effects
STRs may be having on the local market. Staff estimates that approximately $1,000,000 is remitted in
TOT annually from STRs, and the City spends less than $1,000,000 on the STR program every year.
TOT in Carlsbad is set at 10% plus $1 per bedroom per night collected for the Carlsbad Tourism
Business Improvement District (TBID). The City entered into a TOT collection agreement with Airbnb in
August 2018, which provides the City with a lump sum payment of TOT. No other hosting platform
collects or remits TOT to the City. Staff noted limited enforcement of the $1 per bedroom TBID fee,
which was originally designed for hotels and is challenging to enforce for STRs, which would generate
little of this revenue regardless.
The City employs two full time employee equivalents (FTEEs) who are responsible for enforcing
regulations. Code enforcement employees dedicated to STR enforcement were described as having a
different skill set than conventional code enforcement staff, as the task of STR enforcement requires
technically savvy officers who are comfortable with analyzing data. Overall, Staff estimates between five
and six FTEEs are allocated to the STR program (Finance, Police, Attorney, Community and Economic
Development). Staff reported that attorney time is needed to help with enforcement cases and process
tax liens and other penalties. Staff estimates that the City is 6 to 12 weeks behind in processing STVR
Permits (Staff stated that STVR permits should only take one week to process). STVR Permits are free,
but Staff suggested that a fee would be appropriate. Additionally, Staff suggested that more services
could be provided online, including the STVR Permit application and payment of TOT, which could help
increase efficiency and compliance. The City uses outside contractors to provide data on STR location,
monitor compliance, provide Administrative Hearing Officers, and provide administrative citation billing
and collection services.
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Carpinteria, CA
Carpinteria’s STR regulations went into effect on July 1, 2017. Staff describes the City’s regulations as
being adopted proactively, noting that City leaders saw problems arising in other communities where
STRs were common, including STRs potential impact on the local housing market. The City’s Zoning Code
regulates two types of STRs – Home Stays and Vacation Rentals – each defined as follows:
• "Home stay" - A type of short-term rental where the owner remains in the residential unit
during the entire rental period. A home stay does not include the hosting of personal guests,
home exchanges or vacation rentals. Tents, yurts and RVs are not allowed as a part of a home
stay rental.
• “Vacation Rental” - A type of short-term rental where the owner of the residential unit does
not remain in the residential unit during the entire rental period. Vacation rentals typically
include the rental of an entire dwelling or premises. For the purposes of the Zoning Code, a
vacation rental does not include time shares, home stays or home exchanges. Tents, yurts and
RVs are not allowed as a part of a vacation rental.
Home stays are allowed in residential zoning districts (R-1 single-family residential, planned unit
development, and planned residential development zone districts). While the entire City is located within
the Coastal Zone, Vacation Rentals are limited to the Vacation Rental Overlay District (VROD), which is
generally bounded by the City’s State Beach in the southwest, Fifth Street in the northeast, Ash Avenue
in the northwest, and Linden Avenue in the southeast (see Figure 2: Vacation Rental Overlay Area Map).
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Figure 2: Vacation Rental Overlay Area Map, Carpinteria6
The VROD is made up of four areas (Area A, B, C, and D), each with different caps on the number of
Vacation Rentals allowed. These caps were established based on the estimated number of STRs located
in each area at time of the VROD creation. A total of 218 Vacation Rentals may be allowed. If the cap in
each area is reached, then 60%, 50%, 15%, and 15% of the total units in each area, respectively would be
Vacation Rentals 7 (see Table 2: Maximum Allowed Vacation Rentals by VROD Area).
Table 2: Maximum Allowed Vacation Rentals by VROD Area
Area A B C D
Max Vacation Rentals allowed
(Units)
55 115 30 18
Max allowed Vacation Rentals as
percent of housing units
60% 50% 15% 15%
6 City of Carpinteria, Short-term Rental Administrative Policies and Procedures, August 2018.
7 Sam Goldman, Carpinteria Prepares to Enact Short-Term Vacation Rental Rules, Noozhawk.com, June 24, 2019.
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Currently, two of the areas have reached their cap (Areas C and D), and Staff suggests that they would
consider increasing the cap in these areas. The VROD Ordinance established a lottery system for
assigning licenses; however, as the initial number of Vacation Rental applicants was below the cap
established in each of the four areas, no lottery was held. The City has since switched to a waitlist
system, and no more than three Vacation Rental applicants have been on the waitlist at any time 8.
The City has more requirements for Vacation Rentals compared to Home stays, including:
• Vacation Rentals with no on-site manager shall require noticing that includes the contact
information for the owner and person or property manager responsible for managing the
Vacation Rental to properties within 100 feet.
• The owner or property manager must live within 30 miles of the Vacation Rental.
• The owner or property manager’s contact information must be posted on the exterior of the
unit, near the entrance.
• The Vacation Rental must not be rented or used for events (e.g., weddings, commercial activities,
etc.)
• Maximum occupancy shall not exceed two occupants per unit plus two occupants per bedroom.
Staff noted a few issues with these requirements. The requirement for exterior signage has resulted in
some unsightly postings, with some owners printing the required information on paper, placing it in a
plastic sleeve or bag, and stapling it to the STR’s exterior. This requirement has also conflicted with some
condominium rules that limit exterior postings. To avoid some of these issues, Staff suggested the City
produce the signage for Vacation Rentals and charge a signage fee to cover the costs. Also, the 30-mile
limit has not been as practical, given some property owners live in relatively nearby cities but must find
another contact person that is within the 30-mile radius.
The City requires a special business license for the operation of a Vacation Rental or a Home stay 9.
Currently, there are 215 active licenses for all STRs, but only two are for Home stays. Vacation Rentals
listed outside of the VROD before the adoption of the City’s current regulations were grandfathered
(allowed to continue to operate, regardless of the current zoning prohibition) and allowed to apply for a
license. The City has approximately 30 licensed grandfathered Vacation Rentals, which will expire no
later than 2022 10.
Licenses must be renewed every year, but the Vacation Rental or Home Stay license automatically
renews upon payment of the business license tax renewal fee and all required Transient Occupancy Tax
(TOT) remittance documents. First time applicants pay a fee of $315, with a $105 renewal fee. Staff
suggested adding a change fee to cover Staff costs of making minor changes to licenses (e.g., owners
changing STR management companies).
8 Elise Dale, City of Carpinteria Short-Term Rental (STR) Program, teleconference, July 19, 2019.
9 Licenses run with the applicant, not with the property.
10 Ibid.
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TOT is collected quarterly, which has resulted in some compliance issues for STR operators who are
unaware of quarterly reporting requirements. Failure to report TOT for over 12 months results in a
license revocation. If an STR fails to remit any TOT in over 24 months, the license expires. Staff noted
that this policy has affected grandfathered STRs most notably and has had the effect of some
grandfathered STRs losing their licenses unintentionally. Staff estimated that STRs in Carpinteria
generate between $400,000 and $450,000 per year in TOT, collected from both legal and illegal STRs.
Given landslides and fires, recent TOT totals may not reflect the normal values and obscure the effects
that STRs are having on the local market for traditional lodging (e.g., hotel, motels, etc.). Collected TOT
goes to the City’s General Fund, while all licensing fees go to Community Developments budget. Staff
noted overall, that the program is revenue positive.
Community Development is responsible for enforcement of STR regulations; however, the regulations
have not been aggressively enforced, and Staff patiently works with property owners to inform them of
the requirements and achieve compliance. Staff estimated that approximately six notices have been
mailed to noncompliant STRs, mostly as a result of complaints, and all violations have been corrected.
However, Staff suggested that requiring the STR license number to appear as a watermark on photos in
the STRs listing, would be helpful in identifying uncompliant STRs.
The City hired a contractor to implement the
regulations, including creating the required forms and
processes, following its adoption. In addition to the
City’s STR regulations, the City has STR administrative
policies and procedures to implement the intent the STR
regulations.
The City’s STR regulations were approved by the
California Coastal Commission (CCC) in December 2016.
Newport Beach, CA
The City of Newport Beach regulates STRs to address concentrations of tourists that can cause
neighborhood disturbance issues (e.g., parties, noise, trash, etc.). The Municipal Code prohibits short-
term rentals in single-family zones (R-1) or on properties designated for single-family residential use (i.e.,
Planned Community Development Plan, Planned Residential District, or Specific Plan). STRs are allowed
in higher intensity residential zones. The Coastal Zone in Newport Beach includes residential zones that
allow and prohibit STRs; however, the City’s STR regulations are in Municipal Code Title 5 (Business
Licenses and Regulations Chapter 5.95), not in the City’s Local Coastal Program (LCP)11.
However, STRs in existence as of June 1, 2004 and located in the R-1 Zone are “grandfathered”, meaning
they may continue to operate, regardless of the current zoning prohibition. The City has only revoked
11 While the Coastal Commission reviewed a few basic provisions in the City’s LCP related to STRs, the Coastal
Commission has not reviewed the City’s STR regulations (Chapter 5.95) since they are not in the LCP (Jim Campbell,
Deputy Community Development Director, City of Newport Beach, email correspondence, July 2019).
“The Coastal Commission held that this
was a model ordinance, especially for a
city like Carpinteria,” said Community
Development Director Steve Goggia.
(Sam Goldman, Carpinteria Prepares to
Enact Short-Term Vacation Rental Rules,
Noozhawk.com, June 24, 2019)
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the right to operate one of these R-1 Zone STRs upon demolition of the structure in which a
grandfathered STR was operating; however, Staff has discussed the possibility of revoking this right if
STR operation is discontinued for a certain period. An estimated 200 grandfathered R-1 Zone STRs
exist 12.
STR requirements include the provision of a 24-hour local contact who is available to respond to
complaints, limiting the number of guests in accordance with the Building Code, and providing City rules
and regulations to guests, including the number and location of on-site parking spaces and trash
location and pick-up information. Hosts must use “best efforts” to ensure guests do not create
unreasonable disturbances, including posting conditions of the STR Permit in a conspicuous place within
the unit.
STR hosts are required to register with a business license, and subsequently complete a Short-Term
Lodging Permit Application and Transient Occupancy Tax Registration form (STR Permit/TOT
registration). A $103 fee is required with the STR Permit/TOT registration, and the annual business
license tax is $174 for residentially based businesses. If an STR operator is different from the property
owner, and that operator is collecting TOT on behalf of the owner, the operator’s information must be
provided on the application form. If the information is complete and accurate, processing will take only
5 to 10 minutes, although there is frequently further clarification needed 13. Annual STR Permit/TOT
registration renewal requires an up-to-date business license. The STR Permit/TOT registration is non-
transferable (i.e., a new owner would need to reapply). In July 2019, the total number of licensed and
permitted STRs in Newport Beach was 1,451, up from May 2018 total of 1,368, an increase of 6.1% in just
over a year.
STR operators or agents are required to submit TOT forms quarterly, and the property owner is required
to sign the TOT form annually, even if no TOT is due to the City. According to Staff, this requirement
seems to cause confusion to property owners, and Staff spends time each year enforcing this
requirement. The City has no arrangement with any online hosting platform to collect and remit TOT.
The TOT rate is 10%, and the City collects TOT from illegally operating STRs, including the payment of
back taxes when an illegal or noncompliant STR is identified. The amount of back taxes is determined by
the statement of rental history provided by the STR operator, which may be provided in response to City
correspondence identifying that the STR operator can be audited by the City. If no TOT is collected for
more than three years an STR Permit is revoked.
Since STR regulations reside in Business License and Zoning titles of the Code, both the City’s Revenue
Division staff and Community Development Department Code Enforcement Staff are charged with
enforcement. Currently, the City’s Revenue Division has one part-time employee processing STR
Permit/TOT registrations and issuing notices to comply with STR Permit and business license registration
requirements. When the business license registration is submitted, the City cross references the address
with the City’s GIS (mapping system) to verify the STR is located within an allowed zone. Additionally, the
City contracts with a third party to verify online STR listings are valid based on the business license and
STR Permit/TOT registration numbers posted in the listing, or lack thereof (it is required to be included
12 Ellen Brenan, Revenue Department, City of Newport Beach, teleconference July 2019.
13 Ibid.
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in the advertisement)14. The Community Development Department’s Code Enforcement Staff is tasked
with issuing citations to STRs located in the R-1 Zone, where STRs are prohibited. There is no Community
Development Department Code Enforcement Staff dedicated solely to STR compliance. According to the
Revenue Division, STR revenues (permit fees, TOT, fines) have outpaced the cost of STR program
staffing; however, these revenues are deposited into the General Fund, not set aside for specific
purposes.
The split of enforcement responsibilities was cited by the City as a source of confusion. Furthermore,
Code Enforcement Staff cited residents’ reluctance to report complaints as a challenge in enforcing
regulations and that officers are typically not available when complaints are most likely to be reported
(evenings and weekends). Staff also identified a need for clearer distinction between revocable
offensives and minor violations to enable effective enforcement. Staff recommended establishing higher
fines for illegal STRs 15 and requiring the posting of 24-hour contact information on the outside of STRs
as potential ways to improve compliance. Lastly, Code Enforcement Staff recommended the STR
Permit/TOT registration should be valid for one-year to generate annual permit revenue that covers
enforcement costs. It is estimated that a couple hundred STR code enforcement cases are opened each
year in Newport Beach.
Pismo Beach, CA
The City of Pismo Beach adopted STR regulations to balance a growing number of complaints from
residents and direction from the California Coastal Commission (CCC). According to City Staff,
complaints were concentrated in a small number of single-family neighborhoods where residents were
experiencing incompatibility issues and nuisance behaviors associated with STRs. However, the CCC
rejected an earlier City proposal that did not allow vacation rentals in single-family residential areas. To
address these concerns, two types of STRs, “Short-term Rentals”, and “Homestays”, related to single-
family zones were defined in the Zoning Code:
• "Short-term rental" or "STR" - The rental of a detached single-family residence or accessory dwelling
unit for less than 30 consecutive days where the primary residence is not being concurrently occupied
by the owner.
• "Homestay" - An owner-occupied, detached single-family residence where bedrooms are rented for
compensation for less than 30 consecutive days. In cases where an accessory dwelling unit (ADU) is
located onsite, rental of the ADU for less than 30 consecutive days shall qualify as a homestay
contingent upon the single-family residence being concurrently occupied by the property owner during
the short-term rental period, or if the single-family residence is rented, upon the ADU being
concurrently occupied by the property owner.
The key distinction between these two STR types is that Short-term Rentals are rentals without the
owner present, and Homestays are rentals with the owner on-site.
14 Host Compliance provides the City with data on active listings.
15 Current fines range from $100 to $3,000 depending on the violation (City of Newport Beach, 2019).
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The STR regulations apply to Short-term Rentals and Homestays in the Single-Family Low Density
Residential (RSL), Single-Family Medium Density Residential (RSM), and Open Space (OS) zones 16. Figure
3 shows the zoning of the north area of the City, which is almost entirely within the Coastal Zone.
Figure 3: Zoning Map (North), Pismo Beach (1998 Zoning Code)
Vacation rentals, Short-term Rentals, or equivalent uses are allowed in the Downtown Core and other
non-residential zones and are not the subject of the STR Ordinance 17.
STRs and Homestays are allowed only at single-family properties that are the primary residence of the
property owner. A “primary residence” is defined as “the dwelling owned and occupied as the property
owner’s principal place of residence, where the owner lives more than 50% of the year (i.e., 183 days or
more per year). Short-terms Rentals are limited to a maximum of 182 rental days per year (less than half
16 The corresponding zones in the 1983 Zoning Code (Coastal Zone) are single family residential (R-1), planned
residential (P-R), and open space-natural resources protection (O-S-1). Single-family homes may be developed under
limited circumstances in the O-S-1 Zone and may be allowed in the OS Zone with a Conditional Use Permit.
17 STR regulations are Chapter 17.09 of the 1998 Zoning Code (outside Coastal Zone) and Chapter 17.113 of the
1983 Zoning Code (Coastal Zone). Vacation Rentals are addressed in Chapter 5.22 of the Municipal Code. Short-term
rentals, homestays, and vacation rentals are listed in the Zoning Code use tables.
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the year). There is no limit on rental days for Homestays, which include Accessory Dwelling Units (ADUs)
when the owner occupies the main house concurrently (i.e., owner is on-site).
The City’s regulations require the acknowledgement of rules and good neighbor policy by the STR
property owner and responsible party, and the placement of a good neighbor brochure within the rental
unit. The regulations also limit the number of overnight occupants and visitors within Short-term Rentals
and Homestays. The maximum number of overnight occupants is limited to two people per bedroom,
plus two. The number of visitors to Short-term Rentals and Homestays cannot exceed the number of
overnight occupants (i.e., a 2-bedroom Short-term Rental would allow up to six occupants and an
additional six visitors). Visitors are not allowed between 11:00 p.m. and 7:00 a.m. Required parking is
also based on the number of bedrooms provided for rent, at the following rates:
• 1 bedroom - 1 space
• 2 bedrooms - 2 spaces
• 3 to 4 bedrooms - 3 spaces
• 5 or more bedrooms - 4 spaces
Noise is limited to a level that may not “unreasonably interfere with the quiet use and enjoyment of any
other residence or business in the area.” Any noise contained after 10:00 p.m. and before 7 a.m. shall be
contained within the unit. Trash is not allowed to be stored within public view, except in proper
containers for the purposes of collection.
Proof of primary residency status must be provided on a yearly basis (e.g., homeowner’s income tax
return or other documentation deemed acceptable by the City showing the dwelling is the owner's
principal residence for tax purposes). A corporation, limited liability company, partnership, or other
business or commercial entity is not allowed to claim a property as a primary residence.
Each Short-term Rental or Homestay must obtain an STR Permit from the City. Applicants must submit a
site plan showing the number of bedrooms and parking spaces as part of the license application. An on-
site inspection will confirm the site plan and applicable safety standards. Staff noted that the City has
had issues with applicants attempting to list converted garages as bedrooms, and that availability of
parking often limits the number of bedrooms that may be listed. As part of the permitting process, the
City requires that property owners within 300 feet be provided notice of the intent to operate with
contact information for the property owner and responsible party (i.e., person responsible for
compliance with the City’s Code).
Additionally, Short-term Rentals and Homestays are required to obtain a Business License and Transient
Occupancy (TOT) Certificate. The STR Permit, Business License, and TOT Certificate are issued as a
packet at the conclusion of City review, and overall processing time is approximately one month. The
STR Permit fee is $399, and these Permits do not expire except when the property owner changes.
Business Licenses carry a separate $30 fee and a $6 renewal fee (annual renewal is required). The City’s
TOT rate is 14%.
Revenue from STR taxes, fees, and fines goes into the City’s General Fund. Despite the STR program
being new, Staff estimates the program will be revenue positive, since TOT is now being collected from
STRs (the City did not collect TOT from illegal STRs). The City employs one part-time employee in Code
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Enforcement dedicated to STR enforcement. Further, the City has an agreement with an outside
contractor to provide data on STRs including location across several hosting platforms to facilitate the
City’s enforcement efforts.
The City has approved approximately 15 STR Permits and has approximately four under review. Staff
estimates that there were previously over 100 illegal STRs in Pismo Beach, but that number is likely
lower now that the STR regulations are in effect. The Code includes a three strikes policy, where an STR
Permit may be revoked following three instances of being non-responsive to complaints or significant
violations in a 24-month period. The City issues fines to enforce its regulations, which may be levied at
up to $2,000 per day 18. As part of its enforcement strategy the City does not collect TOT from any illegal
STRs, with Staff stating they do not want to give unpermitted STRs de facto approval by collecting the
tax.
The California Coastal Commission (CCC) ratified the City’s STR regulations in July 2019. As previously
mentioned, the CCC rejected the City’s prior regulations that did not allow vacation rentals in single-
family areas along the coast. After the current regulations were submitted to CCC, the CCC review and
approval process was about three months.
18 Mike Gruver, City of Pismo Beach, teleconference, July 26, 2019.
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1431
AGENDA
1 Background
2 Huntington Beach Context
3 Short-Term Rentals in Huntington Beach
4 Case Studies
5 Discussion
2432
•Peer-to-peer consumer market for goods and
services
•Result of technological advancements, primarily
the internet, that allow for easy transactions
•Impacting the broader economy: transportation,
financial services, lodging
•Sharing economy profits estimated to grow from
$15 billion in 2014 to $335 billion by 2025
•Airbnb offers more rooms than the largest hotel
companies
The Sharing Economy
3433
Potential Advantages
•Supplemental income
•New lodging opportunities
•City revenue
•Increase utilization of un-used
rooms or homes
What is a Short-Term Rental
(STR)?A home, or portion of a home, rented by paying guests for short
stays (30 days or less)
Potential Disadvantages
•Increased competition for
housing
•Change in neighborhood
character
•Enforcement challenges
4434
HUNTINGTON BEACH
CONTEXT
5435
•Most units are single family homes
or in complexes that contain five or
more units
•About a 60/40 split between
owner and renter-occupied units
Huntington Beach Housing Stock by Unit Type
Huntington Beach Context
6
SCAG Local Profiles Report 2019
436
•59% are two-or three-bedroom units
•11% are one-bedroom units
•Owner-occupied units typically have
more bedrooms
•Renter-occupied units are more
diverse, but have higher rates of one-
bedroom and studio units
Source: U.S. Census Bureau, 2012-2017, American Community
Survey, 5-year Estimate: Table B25042
Huntington Beach Context
7
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Owner Occupied Renter Occupied
Units by Number of Bedrooms (2017)
No bedroom 1 bedroom
2 or 3 bedrooms 4 or more bedrooms
437
Huntington Beach Context
8
4.7%
4.8%
4.9%
5.0%
5.1%
5.2%
5.3%
5.4%
5.5%
2010 2011 2012 2013 2014 2015 2016 2017 2018
Residential Vacancy Rates (2010-2018)
Huntington Beach Orange County
•Huntington Beach has
a lower vacancy rate
than Orange County
•Vacancy rates have
remained stable over
the past five years
438
•The number of vacant units
increased from 2010 to 2017 (up
12% or 473 units)
•“For seasonal, recreational, or
occasional use” increased 72% (857
units)
Vacancy Status by Type
(2010 -2017)
Source: U.S. Census Bureau, 2013-2017, 2006-2010, American Community
Survey, 5-year Estimates, DP04, Table B25004
Huntington Beach Context
9
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
2010 2017Number of Units439
SHORT-TERM
RENTALS IN
HUNTINGTON
BEACH
10440
Short-Term Rentals in Huntington
Beach
Source: Host Compliance
821 active rental units
(1% of housing stock)
11
TripAdvisor-owned (e.g., FlipKey)
Priceline-owned
Other
Expedia-owned (e.g., HomeAway)
Airbnb
441
Short-Term Rentals in Huntington
Beach
Source: Host Compliance
12
Airbnb –65%
VRBO –16%
HomeAway –10%442
Short-Term Rentals in Huntington Beach
Partial home listings –222
Entire home listings –599
Single-Family listings –591
(1.1% of Single-Family housing stock)
Multi-Family listings –230
(0.7% of Multi-Family housing stock)
Source: Host Compliance
13
Dept. of Finance Table E-5
443
Short-Term Rentals in Huntington
Beach
81% require minimum length of stay
between one and seven nights:
•49% 1-2 nights
•17% 3 nights
•14% 4 -7 nights
14
Source: Host Compliance
444
Short-Term Rentals in Huntington
Beach
29% listed for no more than
$100/night
24% listed for $100 -$200/night
39% listed for more than
$200/night
15
Source: Host Compliance
445
Short-Term Rentals in Huntington
Beach
30% estimated to make no more
than $10,000/year in revenue
12% estimated to make
$25,000+/year in revenue
38% do not have adequate data to
estimate revenue*
16
Estimated Annual Rental
Revenue to the Property Owner
Source: Host Compliance
* STR listed in the past 12 months with no bookings
446
Short-Term Rentals in Huntington
Beach
Source: Host Compliance
27% are estimated to be rented for more than 90 days/year
17
*
* STR listed in the past 12 months with no bookings
1-90 Nights/Year
293 Active Rental Units
(206 Entire Home Rentals)
91-180 Nights/Year
152 Active Rental Units
(101 Entire Home Rentals)
447
Short-Term Rentals in Huntington
Beach
18
Source: Host Compliance
19% of hosts have more than one STR (this may be understated)
448
CASE STUDIES
19449
Case Studies
20
Four case studies represent a range of STR approaches in
coastal areas
•Carlsbad
•Carpinteria
•Newport Beach
•Pismo Beach
450
Carlsbad, CA
21
•Allowed in the Coastal Zone and La Costa
Resort Area; banned outside of the Coastal
Zone
•Local 24-hr contact required
•Host must notify adjacent neighbors
•Exterior sign/permit posted
•Hosts must provide guests with City rules and
regulations
•Special events prohibited
•Max. 2 people per bedroom + 1
•Annual Permit required (no fee)
451
Carpinteria, CA
22
•Vacation rentals only allowed in
Overlay Zone
•Home stays allowed everywhere
•Vacation rentals capped within four
Overlay Zone sub-areas
•Vacation rentals:
•24-hr contact within 30 miles
•Post contact info on exterior
•Notify neighbors within 100ft
•Special events prohibited
•Max. 2 people per bedroom + 2
•Annual Permit required ($315, $105
renewal)452
Newport Beach, CA
23
•Not allowed in single-family residential
zones or single-family homes in planned
developments or specific plan areas
•STRs in single-family homes as of June 1,
2004 grandfathered
•Local 24-hr contact required
•Hosts must provide guests with City rules
and regulations
•Annual Permit required ($103 fee, no
renewal fee)
453
Pismo Beach, CA
24
•Only allowed in single-family homes
that are primary residences
•Owner must reside at home 183
days or more per year
•24-hour contact person
•Must provide guests with City rules
and regulations
•Max. 2 people per bedroom + 2
•Parking parking spaces required
per bedroom
•Permit required ($399 fee)
454
Case Studies
25
Square Miles Population Total Housing
Units
Total Estimated
STRs
STRs as Percent
of Housing
Units
Carlsbad 39 115,241 47,080 690 1.47%
Carpinteria 9 13,680 5,602 Unknown Unknown
Newport Beach 53 87,180 44,782 1,451 3.24%
Pismo Beach 14 8,239 5,832 Unknown Unknown
Huntington Beach 27 203,761 82,406 821 1.00%
Source: California Department of Finance, E-5 , 2019, Host Compliance, City
of Carlsbad, City of Newport Beach, City of Huntington Beach
455
Revenue Projections
26
•Projected Annualized Revenue -$8.2 M
•Projected TOT (at 10%) -$822K
•Projected TBID Revenue (at 4%) -$329K
456
STR / Hotel Costs
27
Hotels.com Airbnb.com
Private Room
Airbnb.com
Acc w/kitchen
VRBO.com
Private Room
VRBO.com
Acc w/kitchen
Carlsbad $79 -$298 $46 -$100 $113 -$350 $95 -$99 $116 -$401
Carpinteria $126 -$279 $91 -$207 $210 -$572 Nothing listed $200 -$450
Newport Beach $80 -$309 $75 -$143 $195 -$614 Nothing listed $235 -$540
Pismo Beach $174 -$679 $50 -$119 $122 -$399 Nothing listed $129 -$584
Huntington Beach $116 -$369 $60 -$150 $255 -$305 $105 -$178 $300 -$1,000
Based on daily rates for 2 night stay between 9/6/19 –9/8/19 for 2 guests
457
DISCUSSION
28458
RESEARCH SUMMARY MEMO
SHORT-TERM RENTAL RESEARCH AND ANALYSIS
CITY OF HUNTINGTON BEACH
To: City of Huntington Beach
From: Lisa Wise Consulting, Inc. (LWC)
Date: February 10, 2020
INTRODUCTION
On September 3, 2019, LWC presented short-term rental (STR) data and case studies to the Huntington
Beach City Council at a Study Session. During this Study Session, City Council requested additional
information on selected topics. This memo summarizes the additional research and analysis conducted
by LWC as directed by City staff in response to the Study Session requests.
RESEARCH SUMMARY
1. How the case study cities1 (as applicable) or other coastal cities define a “hosted” stay. For example, is
a 4-plex where the owner lives in one unit and rents the other three units on a short-term basis
considered “hosted”? What about a 9-plex? Etc.
Table 1: “Hosted” Stay Definition
Case Studies
Carlsbad
• Not applicable; does not distinguish between hosted and un-hosted
STRs.
Carpinteria
• "Home stay" is defined as a type of short-term rental where the owner
remains in the residential unit during the entire rental period. A home
stay does not include the hosting of personal guests, home exchanges or
vacation rentals.
• An accessory dwelling unit (ADU) would have to be occupied by the
owner (or member of the owner’s family) to be used as a home stay. An
ADU that is attached and has a pass-through interior door to the main
unit where the owner is residing may also be operated as a home stay.
1 Case study cities: Carlsbad, Carpinteria, Newport Beach, and Pismo Beach.
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Table 1: “Hosted” Stay Definition
• Requirements for apartment complexes (i.e., multi-unit complexes with a
single Assessor Parcel Number (APN)):
o For vacation rentals, each unit must have its own license.
o For home stays, only the owner of the complex who lives on-site
may rent out a portion of his/her personal apartment.
Newport Beach
• Not applicable; does not distinguish between hosted and un-hosted
STRs.
Pismo Beach
• "Homestay" is defined as an owner-occupied, detached single-family
residence where bedrooms are rented for compensation for less than 30
consecutive days. In cases where an ADU is located on-site, rental of the
ADU for less than 30 consecutive days shall qualify as a homestay
contingent upon the single-family residence being concurrently occupied
by the property owner during the short-term rental period, or if the
single-family residence is rented, upon the ADU being concurrently
occupied by the property owner.
• Vacation rentals are allowed in the downtown zoning districts in all
housing types (e.g., single-family and multi-family), but STRs and
homestays are not allowed in multi-family housing outside of the
downtown zoning districts because of noise (i.e., shared walls) and
parking concerns2.
Other Jurisdictions
Long Beach3
• A “hosted stay” means a short-term rental activity whereby the host
remains on-site and resides in a habitable dwelling unit or portion
thereof throughout the guest’s stay (except during daytime and/or work
hours).
• Does not regulate by hosted vs. un-hosted, but rather by primary
residence vs. non-primary residence (see #4).
o A STR operator may not operate more than 1 primary residence
STR and more than 2 non-primary residence STRs.
2 Mike Gruver, City of Pismo Beach, February 4, 2020.
3 The City of Long Beach is in the process of adopting short-term rental regulations. A Council hearing was held on
January 21, 2020, and the draft ordinance is being revised based on Council direction at that hearing. This memo
summarizes relevant points from the draft ordinance and Council direction.
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Table 1: “Hosted” Stay Definition
o For properties with 2 existing legally permitted dwelling units
(e.g., single-family dwelling and ADU, or a duplex), “primary
residence” refers to the parcel/both units on the parcel (i.e., if the
STR operator resides in one unit, the other unit may be operated
as a STR under the primary residence STR category).
o Non-primary residence STRs in multi-family developments are
limited based on a sliding scale:
▪ 1 allowed in developments of 10 or fewer units
▪ 10% of total units in developments of 11 to 50 units
▪ 12% of total units in developments of 51 to 100 units
▪ 15% of total units in developments of 101 units or more.
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3. Provide the estimated annual mean and median estimated nights occupied for STRs in Huntington
Beach. LWC will provide based on STR data collected by Host Compliance during Phase 1.
Using data collected by Host Compliance, the mean estimated nights an STR in Huntington
Beach was occupied between June 2018 and June 2019 was 48 nights, and the median estimated
nights occupied was 13 nights. This negative skew reflects a substantial number of STR units
listed in the past 12 months with no bookings (see “0 nights” in the chart below). Considering
new STR listings during those 12 months, the estimated annualized nights occupied is a mean of
55 nights and median of 22 nights per year.
Source: Host Compliance
4. Provide additional details on STR enforcement protocols from the case study cities or other coastal
cities, specifically on how after-hours calls are handled (e.g., 24-hour hotline, weekend/evening
enforcement officer, etc.).
Table 2: Enforcement Protocols
Case Studies
Carlsbad
• A contact must be available 24 hours per day, 7 days a week to respond
within 45 minutes to complaints regarding the conditions, operation, or
conduct of occupants of the STR.
• Permit must be posted on the exterior of the unit within plain view of the
general public with the 24-hour contact’s phone number (only required
to be posted during rental activity).
• STR owners must prepare and distribute to adjacent neighbors and STR
renters an “Impact Response Plan”, which includes the phone number
for the owner or agent.
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Table 2: Enforcement Protocols
Carpinteria
• A 24-hr contact must be within 30 miles of the vacation rental.
• The owner or property manager’s contact information must be posted
on the exterior of the unit, near the entrance, during rental activity.
• Vacation rentals with no on-site manager must provide notice with the
owner/property manager’s contact information to properties within 100
feet.
• The City maintains an online list of licensed STR properties with contact
information. If issues are not resolved when the complainant contacts
the owner/property manager, they are directed to contact the City
(Community Development Staff).
Newport Beach
• A local 24-hr contact must be available 24 hours per day, 7 days a week
to respond to complaints and use “best efforts” to ensure guests do not
create unreasonable disturbances, including posting conditions of the
STR Permit in a conspicuous place within the unit.
• City staff recommended requiring the posting of 24-hour contact
information on the outside of STRs as a potential way to improve
compliance since Code Enforcement staff are typically not available
when complaints are most likely to be reported (evenings and
weekends); those calls are directed to the Police Department.
Pismo Beach
• A 24-hr contact must be available via telephone 24 hours per day, 7 days
a week, to respond to complaints. The contact person/entity shall reside
or maintain a physical business address within 25 miles of the vacation
rental (a post office box or private mail drop address does not comply).
• The 24-hr contact’s information must be provided to all short-term
renters and neighbors within 300 feet of the STR or homestay.
• One part-time Code Enforcement officer is dedicated to STR
enforcement. An outside contractor provides STR data to facilitate the
City’s enforcement efforts.
Other Jurisdictions
Long Beach4 • A contact must be available 24 hours per day, 7 days a week for
responding within 1-hour to complaints regarding the condition,
4 Ibid.
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Table 2: Enforcement Protocols
operation, or conduct of the STR or its occupants and taking any
remedial action necessary to resolve such complaints.
• City anticipates working with a third-party compliance platform that
offers a staffed 24-hour hotline to assist with nuisance management.
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5. Describe how the case study cities (as applicable) or other coastal cities implement and enforce primary
resident requirements (e.g., Pismo Beach’s requirement to reside at the home at least 183 days per
year).
Table 3: Primary Resident Requirement Implementation
Case Studies
Carlsbad • Not applicable; does not regulate by primary resident.
Carpinteria • Not applicable; does not regulate by primary resident.
Newport Beach • Not applicable; does not regulate by primary resident.
Pismo Beach
• “Primary residence” means the dwelling owned and occupied as the
property owner’s principal place of residence, where the owner lives
more than 50% of the year (183 days or more per year). A primary
residence can’t be rented un-hosted more than 182 days per year.
• The City reviews the homeowner’s income tax return or other
documentation deemed acceptable by the City showing the dwelling is
the owner’s principal residence for tax purposes.
• Proof of primary residence status must be provided to the City on a
yearly basis.
• The property owner(s) must be an individual owner(s) or trustee(s), and
not a corporation, limited liability company, partnership, or other
business or commercial entity.
Other Jurisdictions
Long Beach5
• “Primary residence” means a person’s permanent place of residence or
usual place of return for housing. A person must reside in the primary
residence for a minimum of 275 days per year. A primary residence can’t
be rented un-hosted more than 90 days per year.
• Proof of primary residence is documented by at least 2 of the following:
o Tax documents showing the residential unit as the person’s
residence
o Motor vehicle registration
o Driver’s license
o Voter registration
5 Ibid.
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Table 3: Primary Resident Requirement Implementation
o Utility bill
• The STR permit must be renewed annually.
San Francisco
• The STR host must live in the unit for at least 275 days per year. A STR
can’t be rented un-hosted more than 90 days per year.
• Proof of residency is required through the submittal of 2 of the following
documents to the City (if the resident’s current identification card shows
the address of the STR unit, then only 1 of the following documents is
required):
o Vehicle Registration Card from the California DMV with the
address of the STR unit.
o Proof of a Homeowner’s Tax Exemption (accepted for property
that is either a single-family dwelling or condominium).
o Proof of car insurance with the address of the STR unit.
o Original utility bill, issued from either: SFPUC (water), Recology
(trash), or PG&E (electric/gas), including the payment stub
showing the address of the STR unit.
o Voter Registration Card or Certificate with the address of the STR
unit.
• The STR permit must be renewed every 2 years.
6. Provide projections of how the STR market in Huntington Beach might grow over time.
Between March 2016 and March 2019, the short-term rental market in North American
jurisdictions with 100 or more STR listings grew 58%6. Since STRs are currently banned in
Huntington Beach, this rate of growth may or may not be appropriate to assume depending on
how the City decides to regulate STRs. However, even with the current ban, 821 STRs exist in
Huntington Beach as of June 2019. Considering the STR ban, a more modest three-year growth
rate of 25% would result in approximately 1,030 STRs in 2022, adding an average of 70 STRs per
year.
During the development of framework alternatives for potential STR regulation, STR projections
will be prepared to reflect each alternative, providing an understanding of how different
regulations could affect the number of projected STRs in Huntington Beach.
6 Host Compliance proprietary data.
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7. Determine existence/extent of code enforcement services available to an STR owner/operator, and if
the City can require those “qualified” code enforcement services to be secured prior to STR operations.
While research of various STR regulations did not yield any results of jurisdictions requiring
“qualified” code enforcement services to be secured prior to STR operations, vacation rental
management companies offer services to STR hosts that help ensure regulations are adhered to.
Vacation rental companies can provide guest screening, liability protection, and a local property
manager (e.g., Vacasa7). Vacation rental companies typically offer availability 24 hours a day, 7
days a week, to answer phone calls and emails and address any issues.
In addition, noise monitoring products and services can help detect parties, unruly guests, and
other noise issues (e.g., NoiseAware8). A STR host can purchase sensors and will be alerted when
noise issues arise at the property. Since most STR ordinances or municipal codes contain noise
regulations, these devices can help a STR host remain in compliance with applicable noise limits.
Furthermore, additional sensors can be installed that count the number of mobile devices within
a home’s detection range (e.g., Party Squasher9). This can alert a STR host if an unauthorized
gathering/party may be occurring or if any applicable occupancy limits may be exceeded.
[Note: The City may get input from City Attorney on whether these types of services can be
required in an ordinance. Typically, it’s up to STR owner/operator to decide exactly how to
comply with City regulations (e.g., noise thresholds, etc.).]
8. Provide additional examples of parking requirements for STRs (Pismo Beach was the only case study
jurisdiction that included parking ratios for STRs).
Table 4: Parking Requirements
Case Studies
Carlsbad
• To the greatest extent possible, occupants and guests shall utilize on-
site parking and avoid parking on nearby residential streets. On-site
parking is allowed in approved driveway, garage, and/or carport areas
only.
Carpinteria
• For vacation rentals, the number of guest vehicles allowed is
determined by the City at the time of application, taking into
consideration the number of available parking spaces on the site.
7 https://www.vacasa.com/property-management
8 https://noiseaware.io/
9 https://www.partysquasher.com/
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Table 4: Parking Requirements
• For home stays, the number of guest vehicles is limited to no more
than one.
Newport Beach
• The owner must provide the guests with the number and location of
on-site parking spaces. No restriction on number of vehicles by the
City.
Pismo Beach
• The required minimum number of parking spaces is based on the
number of bedrooms provided for rent:
o 1 bedroom - 1 space
o 2 bedrooms - 2 spaces
o 3 to 4 bedrooms - 3 spaces
o 5 or more bedrooms - 4 spaces
Other Jurisdictions
Long Beach10
• Relies on occupancy limits instead of parking ratios. Occupancy is
limited to 2 people per bedroom, plus 2 people, with a maximum of 10
people total.
Santa Cruz County
• Number of vehicles must not exceed the on-site parking spaces by
more than two vehicles.
San Luis Obispo County
• All parking associated shall be entirely on-site, in the garage, driveway
or otherwise out of the roadway. Guests shall not use on-street
parking.
10 Ibid.
468
SHORT-TERM
RENTAL ANALYSIS
CITY OF HUNTINGTON BEACH
JULY 1, 2020
Revised September 15
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TABLE OF CONTENTS
CURRENT STATUS OF SHORT-TERM RENTALS IN HUNTINGTON BEACH ......... 1
POTENTIAL FRAMEWORK SHORT-TERM RENTAL REGULATIONS ................. 9
POTENTIAL REVENUE FROM SHORT-TERM RENTAL REGULATIONS ............. 14
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CURRENT STATUS OF SHORT-TERM RENTALS IN HUNTINGTON BEACH
INTRODUCTION
A “short-term rental” most commonly refers
to a furnished rental property rented for
fewer than 30 consecutive days.
can be leveraged and instituted to address specific local issues within Huntington Beach. This report
analysis provides an overview of the size and distribution of STR units in the City of Huntington
Beach and lays out the groundwork to address the specific STR issues within the City.The intent of
this assignment was to provide stakeholders with a range of options in the form of a framework
analysis to evaluate possible approaches for managing STR units in Huntington Beach.
The data in this analysis was provided by Host Compliance, an online service that tracks the STR
industry by looking at unit advertisements and booking information across all of the major STR
rental platforms such as Airbnb, VRBO, and Booking.com. This information allows for a better
understanding of the size, extent and the levels of economic activity associated with the STR sector
in Huntington Beach. This data is the basis for three recommended STR regulatory framework
alternatives that the City may choose to implement in order to limit the potential disadvantages of
a sharing economy. Each alternative includes the following:
•Overview of regulatory framework.
•Estimated number of existing STRs that would be regulated under the regulatory framework.
•Estimated number of STRs that would be permitted under the regulatory framework.
•Projected number of STRs under the regulatory framework and of which type (e.g., primary
residence vs. vacation rental, hosted vs. un-hosted).
•Estimated City revenue from STRs (TOT and TBID) under the regulatory framework, which
would be based on estimated average nightly stays per year and the type of STR (e.g., primary
residence vs. vacation rental, hosted vs. un-hosted).
•Estimated City costs to implement/administer the STR regulatory framework.
•An overview analysis each framework alternative.
The recommended STR regulatory framework alternatives described below are a result of case study
analysis of four relevant STR programs, an analysis of compiled data on existing STR conditions
in Huntington Beach, and stakeholder interviews to decipher high priority considerations of the
community. Findings from this process can be uses to support the groundwork for a new STR
Ordinance.
The recommended STR regulatory framework alternatives described below are a result of case study
analysis of four relevant STR programs, an analysis of compiled data on existing STR conditions
in Huntington Beach, and stakeholder interviews to decipher high priority considerations of the
community. Findings from this process can be uses to support the groundwork for a new STR
Ordinance.
The recent rise of the sharing economy, particularly
the significant growth in short-term rentals
(STRs), presents opportunities and challenges for
communities and lawmakers. While the rise of STRs
presents some consistency in policy challenges
across jurisdictions, a range of regulatory responses
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UNITS & HOSTS
Host Compliance defines a commercial listing as a listing that is estimated to be occupied at least
90 days each year (See Figure 3). Of the 867 Short-Term Rental listings in Huntington Beach, 224
listings are commercial and these represent units that are assumed to be operated as commercial
enterprises by their owners. Howeever, of the 867 currently listed, 785 are considered unique
active rental units weighted by the number of their listing room type, i.e., if a rental unit is listed
as both Entire Home/apt and Private room, it counts as two. This leaves a difference of 82 listings
which are considered not active.
However, a vast majority of STRs are operated by hosts that only have one STR (See Figure 5).
Meaning, at least 1/5 of hosts with one listing meets the criteria for a Commercial Listings. The
data suggests the majority of STR Owners are likely not property investors that have 3 or more
properties with the sole purpose of short-term renting.
Figure 2 - Count of Unique Active Hosts associated with number of listings.
Source: Host Compliance, LLC.
Figure 1 - Count of the number of active and inactive unique Rental Listings that are commercial and non-commercial.
Source: Host Compliance, LLC.
224
643
520
16 3
95
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OCCUPANCY
Most active listings are rented for 1-30 nights, nearly double the figure for 31-60 nights. (See
Figure 3 and 4). However, the data also shows that at least 108 combined units in the Downtown
and Sunset Beach areas are not commercial units.
The Downtown and Sunset Beach Areas see the highest rate of occupied nights, likely due to its
geographical proximity to destinations. However, the Bolsa and Warner Corridors and Northeast
corner of the City see a moderate-to-high rate of occupied nights (See Figure 4). This is most likely
because of the lower average of nightly rate associated with these areas of the city (See section
“Nightly Rates” and Figure 6).
92
52
22 24 22 16 12 22
34
17
6 9 11 6 6 13
120
102
63 46 31 40
10
33
0
50
100
150
200
250
300
0 nights 1-30 31-60 61-90 91-120 121-150 151-180 181 or moreNumber of ListingsRange of Nights Occupied
Nights Occupied
Listings in the Downtown Listings in Sunset Beach Neighborhood Remaining Listings
Figure 3 - Number of nights occupied by listings and listing areas. Source: Host Compliance, LLC.
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Figure 4 - Map of Nights Occupied for Active Listings. Source: Host Compliance, LLC.
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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap
contributors, and the GIS User Community
´
0 1.5 30.75 Miles
Legend: Nights Occupied
!(0 Nights Occupied
1 - 30 Nights Occupied
31 - 60 Nights Occupied
61 - 90 Nights Occupied
91 - 120 Nights Occupied
121 - 150 Nights Occupied
151 - 180 Nights Occupied
180 plus Nights Occupied
City Boundary
475
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM |5
NIGHTLY RATES
Most active units are priced at between $50-200 per night (See Figure 5). This range of nightly
rates is most concentrated in the Downtown and Sunset Beach area (see Figure 6). Roughly 9% of
the listings (92 listings) do not report their nightly rate and are listed as ‘unknown’.
In addition, the $200+ nightly rate ranges are also mostly concentrated in the same areas of the
City (See Figure 6). Mostly likely due to its proximity to the Beach and other destinations, the
Downtown and Sunset Beach areas also see the highest annual revenues. Nevertheless, the Bolsa
and Warner Corridors and Northeast Corner of the City see a productive annual revenue most
likely due to its lower nightly rate (See Figure 7).
6 47 78 77
35 27
0 22
22 18
35 758
176
68 73
31
26
0
50
100
150
200
250
300
$0 - $50 $50 - $100 $100 - $200 $200 - $400 $400 +UnknownNumber of ListingsRange of Nightly Rate
Nightly Rate
Downtown Sunset Beach Remaining Listings
Figure 5 - Range of Nightly Rates for Active Listings. Source: Host Compliance, LLC.
476
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM |6
Figure 6 - Map of Nightly Rates for Active Listings. Source: Host Compliance, LLC.
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap
contributors, and the GIS User Community
´
0 1.5 30.75 Miles
Legend: Nightly Rate
Sunset Beach
0 - $50
$51 - $100
$101 - $200
$201 - $400
$401 +
Downtown
0 - $50
$51 - $100
$101 - $200
$201 - $400
$401 +
Rest of City
0 - $50
$51 - $100
$101 - $200
$201 - $400
$401 +
City Boundary
477
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM |7
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap
contributors, and the GIS User Community
´
0 1.5 30.75 Miles
Legend: Annual Revenue
0 - $5,000
$5,001 - $15,000
$15,001 - $30,000
$30,001 - $50,000
$50,001 - $75,000
$75,001 +
City Boundary
Figure 7 - Map of Annual Revenue for Active Listings. Source: Host Compliance, LLC.
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SUMMARY AND CONCLUSION
Above are three market indicators that give insight into the status of short-term rentals in Huntington
Beach. In reviewing any of these three market indicators, there is a consensus that the most
profitable and highest desired short-term rental listings in Huntington Beach are concentrated
in the Downtown and Sunset Beach areas. The analysis above can be utilized to inform and apply
potential short-term rental regulations.
Downtown Huntington Beach. Source: surfcityusa.com
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POTENTIAL FRAMEWORK SHORT-TERM RENTAL REGULATIONS
INTRODUCTION
Utilizing local examples from Dana Point, Long Beach, and Newport Beach. and white papers
from groups such as the National Association of Realtors, Belmont Law Review, and the League of
California Cities, LWC developed a table of Short-Term Rental (STR) regulatory best practices and
delineated them based on overall threshold. The table was created in concert with the stakeholder
feedback and case study research to tailor the potential regulations specifically for Huntington
Beach.
Case study analysis of Carlsbad, Carpinteria, Newport Beach, and Pismo Beach STR programs
found that each City approached STR regulation differently based on unique circumstances and
objectives. Clear and simple regulations are often most efficient to administer and enforce and the
reliance on online hosting platforms to take a role in ensuring legality of STRs is apparent.
LWC conducted interviews with 22 indi-
viduals who collectively represent local
stakeholders’ perspective on Short Term
Rentals in Huntington Beach
In a series of focus groups conducted by LWC for this
project , stakeholders recognized that STRs are likely to
persist in the market and the City of Huntington Beach
would benefit from a customized approach to STR
regulation like the case study cities did. Despite a robust
set of competing perspectives and concerns amongst the
interview participants several broad areas of consensus
emerged. Key points of agreement included:
•Desire for a municipal ordinance that licenses STR operations and sets performance standards.
•Once licensed, a robust enforcement mechanism should be put in place and should be funded
via cost recovery fees on STR license holders.
•STR should be subject to TOT and license fees and any enforcement program should be funded
via fees.
Features of any future program would need to balance competing interests in the community
beyond these broad areas of agreement. As described below, the regulations build upon
themselves and substantially increase the amount of regulations with each threshold. Depending
on compromises the City of Huntington Beach is willing to make, the city can choose from a low-
to-high threshold of regulation.
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LOW THRESHOLD REGULATIONS
The low threshold measures generally consist of moderate oversight from the City and transparency
from Short-Term Rental (STR) property owners. Overall, these ‘low threshold’ measures put an
equal responsibility on the City to enforce existing ordinances and collect data while the STR
owner must be fully transparent in their operation. There would be no cap on allowable STR
listings within the City and assuming all existing would comply with the following regulations there
would be approximately 867 listings that would be regulated and permitted. Howeever, of the 867
currently listed, 785 are considered unique active rental units weighted by the number of their
listing room type, i.e., if a rental unit is listed as both Entire Home/apt and Private room, it counts
as two. This leaves a difference of 82 listings which are considered not active.
•Code Enforcement (Existing Nuisance Ordinances)
The City’s main oversight role would be to enforce existing nuisance laws such as noise, safety,
and property maintenance as well as inspections and monitor on-street parking. Most cities
already have adopted nuisance laws that address many neighbors’ concerns which are enforced
via the Code Enforcement Division. Issues can arise with reporting and correcting afterhours
and weekend infraction due to limited enforcement options during these times.
•Transient Occupancy Tax (TOT)
The City would require STR owners to register their property with the City and to have them
pay the Transient Occupancy Tax (TOT). A portion of the revenue generated by the TOT could
be used to fund the costs associated with increased code enforcement and management of a
STR program.
•Local 24hr Hotline
Utilizing the revenue from the TOT, the City would establish a 24-hr hotline for STR-related
complaints. Complaints would be funneled to the Code Enforcement Division for investigation.
•Notice to Neighbors
STR owners would be required to send out a notice to all properties within 500 ft to let
neighbors know that an STR is in operation at a certain address. The notice would include the
STR owner’s contact information and the 24hr hotline number.
•Owner Contact Info
The STR owner would post their contact information in a high-visibility area along the primary
frontage. Neighbors would be able to contact the owners directly if any issues arise.
•STR Registration
STR registration is different from permitting, the City would require STR owners to register
their units with the City and the City would have an internal database to know exactly how
many STR’s are operating and their locations. No fees or official documents would be required
to operate an STR in the City.
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MEDIUM THRESHOLD REGULATIONS
The medium threshold measures build upon the ones detailed in the ‘low threshold’ category
but with increased oversight by the City. In general, these regulations would formalize the STRs
as an operating business with more financial contributions being made by the property owners.
Like the low threshold regulations, the medium threshold will include no cap on allowable STR
listings within the City and assuming all existing would comply with the following regulations there
would be approximately 867 listings that would be regulated and permitted. However, of the 867
currently listed, 785 are considered unique active rental units weighted by the number of their
listing room type, i.e., if a rental unit is listed as both Entire Home/apt and Private room, it counts
as two. This leaves a difference of 82 listings which are considered not active.
• Exempt Status
Like many cities that regulate STRs, the City would allow for an exempt status for STRs already
in operation to continue but would require new ones to apply for a use permit and pay an
associated business license fee.
• STR Permit & Business License Fee
The permit would require an annual renewal fee, albeit a lower fee that the initial permit
fee. The fees would be direct cost-capture of associated regulatory programs like the 24-hr
complaint hotline and increased Code Enforcement activity, among others.
• STR Permit Renewal (Annual)
The City would require every permitted STR owner to renew their permit on an annual basis if
the owner chooses to continue renting.
• Tourism BID
The other new measure would require STR owners to pay into the Tourism BID. Most
stakeholders felt a contribution to the Tourism BID was crucial given STRs are an important
facet of the local tourism economy. Treating of STRs more like hotels and bed & breakfasts
emerged as a common theme through the stakeholder interview process. Assessing a TBID
payment would require that the units that were assessed received a direct benefit from the
assessment. This could take the form of training, marketing or other programs to support STR
owners.
HIGH THRESHOLD REGULATIONS
Similar to the ‘medium threshold’ measures, the high threshold measures build upon the ones
described in the ‘low’ and ‘medium’ sections. These measures are characterized by maximum
oversight of STRs by the City and maximum transparency from the STR property owners.
• On-site Owner
The City would require all STR owners to either live on the same property of their STR or within
a close distance (ex. 500 ft.) to ensure that the STR has proper oversight and the owner is held
accountable.
• Min./Max. Days of Stay
Minimum and Maximum number of days of stay would be enforced to ensure predictability for
surrounding neighbors and the local STR market in general. In Pismo Beach, STR’s are limited
to a maximum of 182 rental days per year (less than half the year).
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• People per Bedroom Limit
In order to prevent potential overcrowding and the negative externalities associated with that,
limits would be placed on the amount of people utilizing an STR at any one time. Specifically,
the new regulations would limit the amount of people allowed per bedroom. In Carlsbad and
Pismo Beach occupants are limited to two people per bedroom plus two people. In Carpinteria
the limitation is similar, two people per bedroom plus one additional occupant. Newport Beach
uses its building code to regulate number of occupancy by vacation rental.
• Cap on amount of STRs
The City would establish a total number of STRs that are allowed and enforce that law through
the official STR permitting process. Carpenteria limits the number of vacation rentals to a total
of 218. If the City of Huntington Beach chooses to limit STR's to the geographic locations of
Sunset Beach and Downtown, then the approximate number of permitted STR listings would
currently be 361. The remaining existing listings would be out of compliance, approximately
787 STR listings.
• Neighborhood Zones (Geographic Limitations)
Neighborhood Zones’ would be created to disburse the allowable amount of STRs in the City,
based off the cap established above. In this case, there would be a maximum allowable amount
of STRs per neighborhood. This represents the strictest possible measures; an overall cap on
the number of STRs in the city and geographic limitations on how many units are allowed in
certain neighborhoods . Carpentaria limits the number of vacation rentals to an overlay zone.
This overlay district is made up of four areas each with different caps on the number of STR’s
allowed. Carlsbad allows STR’s only within its Coastal Zone and La Costa Resort Area, a major
attraction in the community. In Newport Beach STR’s are prohibited in single-family residential
zones or single-family homes in planned developments or specific plan areas and STR’s are
grandfathered in. In Pismo Beach STR’s are only allowed in single family homes that are the
owners primary residences (owner must reside at the home 183 days or more per year).
SUMMARY AND CONCLUSION
Above are three potential pathways for a STR regulatory framework, based on regulations of neighboring
cities, best practices, and stakeholder feedback. On any of the three levels, there is a broad consensus
among stakeholders for many of the measures. Any application of these thresholds would result in a
stronger regulatory environment for STRs in the City of Huntington Beach.
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Summary of Threshold Regulations
Potential Measures Low Medium High
Code Enforcement (Existing Nuisance Ord.)X X X
Notice to Neighbors X X X
Owner Contact Info.X X X
Local 24-hr Hotline X X X
STR Registration X X X
Transient Occupancy Tax (TOT)X X X
Tourism BID Assessment X X X
Exempt Status X
STR Permit & Business License Fee X X
STR Permit Renewal (Annual)X X
On-site Owner X
Min./Max. days of stay X
People per Bedroom Limit X
Cap on # of STR X
Neighborhood Zones (Geographic limits)X
Table 1 - Summary of Thresholds.
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POTENTIAL REVENUE FROM SHORT-TERM RENTAL REGULATIONS
INTRODUCTION
The potential sources of revenue from the menu of options on page 9 revolve around the collection
of fees via the Tourism Business Improvement District (TBID) Assessment and the Transient
Occupancy Tax (TOT). The TBID Assessment is an additional 4% assessment fee for each occupied
room per night. Currently, 24 local hotels are subject to this assessment which is paid by overnight
visitors. The TBID Assessment is a main source of funding for Visit Huntington Beach’s Surf City
USA campaign. The City of Huntington Beach is allocated roughly 1% of all TBID assessment fees.
The TOT is a 10% tax applied to all of Huntington Beach’s overnight hotel guests. The City is
allocated all TOT revenues.
As opposed to a "Hosted" unit
listings, "Entire" unit listings allows
a short-term renter to occupy the
whole property without the primary
occupant present.
In order to assess the potential revenue from applying TBID assessments and TOT to Short Term
Rentals, the total number of each unit type and their average annual revenue were calculated
against the assessment and tax percentages to provide an indication of the potential revenue
generated for the City. Implications of both sources of revenue are summarized in the table below.
Entire City TBID & TOT Assements
TBID
Assessment Rate
TBID
Revenue per unit
City Share
per unit # of Units
Total Annual
Revenue
(City Only)
Entire Unit (Avg. Estimated Annual Revenue per Unit) $23,007.23
4% $920.29 $9.02 526 $4,840.72
Private Room (Avg. Estimated Annual Revenue per Unit) $6,761.28
4% $270.45 $2.70 254 $686.95
Shared Room (Avg. Estimated Annual Revenue) $876.24
4% $35.05 $.35 5 $1.75
TOTAL
$6,670.70
Utilizing the data from Host Compliance, all STR units were
mapped along with their requisite variables including unit type
(ex. Entire unit, single room etc.). In general, single- and shared-
rooms are “hosted”, meaning the owner of the available rental
unit occupies the same living space during the length of stay of
the renter. Entire units are generally “non-hosted” in that the
primary occupant is not present within the unit during its use
as an STR.
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TOT
Assessment Rate
TOT
Revenue per
Unit
City Share
per Unit # of Units Total Annual
Revenue
Entire Unit (Avg. Estimated Annual Revenue) $23,007.23
10% $2,300.72 $2,300.72 526 $1,210,180.82
Private Room (Avg. Estimated Annual Revenue) $6,761.28
10% $676.13 $676.13 254 $171,763.51
Shared Room (Avg. Estimated Annual Revenue) $876.24
10% $87.62 $87.62 5 $438.12
TOTAL
$1,382,355.46
Table 2 - Entire City TBID & TOT assesments. Source: Host Compliance, LLC.
Downtown TBID & TOT Assements
TBID
Assessment Rate
TBID
Revenue per unit
City Share
per unit # Units
Total Annual
Revenue
(City Only)
Entire Unit (Avg. Estimated Annual Revenue) $23,007.23
4% $920.29 $9.20 205 $1,886.60
Private Room (Avg. Estimated Annual Revenue) $6,761.28
4% $270.45 $2.70 52 $140.63
Shared Room (Avg. Estimated Annual Revenue) $876.24
4% $35.05 $.35 6 $2.10
TOTAL
$2,029.33
TOT
Assessment Rate
TOT
Revenue per
Unit
City Share
per Unit # Units Total Annual
Revenue
Entire Unit (Avg. Estimated Annual Revenue) $23,007.23
10% $2,300.72 $2,300.72 205 $471,648.42
Private Room (Avg. Estimated Annual Revenue) $6,761.28
10% $676.13 $676.13 52 $35,158.66
Shared Room (Avg. Estimated Annual Revenue)$876.24
10% $87.62 $87.62 6 $525.74
TOTAL
$507,332.82
Table 3 - Downtown TBID & TOT assesments. Source: Host Compliance, LLC.
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Sunset Beach TBID & TOT Assements
TBID
Assessment Rate
TBID
Revenue per unit
City Share
per unit (1%)# Units
Total Annual
Revenue
(City Only)
Entire Unit (Avg. Estimated Annual Revenue) $23,007.23
4% $920.29 $9.20 81 $745.43
Private Room (Avg. Estimated Annual Revenue) $6,761.28
4% $270.45 $2.70 16 $18.70
Shared Room (Avg. Estimated Annual Revenue) $876.24
4% $35.05 $.35 1 $.35
TOTAL
$764.49
TOT
Assessment Rate
TOT
Revenue per
Unit
City Share
per Unit # Units Total Annual
Revenue
Entire Unit (Avg. Estimated Annual Revenue) $23,007.23
10% $2,300.72 $2,300.72 81 $186,358.64
Private Room (Avg. Estimated Annual Revenue)$6,761.28
10% $676.13 $676.13 16 $10,818.05
Shared Room (Avg. Estimated Annual Revenue) $876.24
10% $87.62 $87.62 1 $87.62
TOTAL
$197,264.32
Table 4 - Sunset Beach TBID & TOT assesments. Source: Host Compliance, LLC.
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LOW THRESHOLD REGULATIONS
Tourism Business Improvement District (TBID) – 4% Assessment
526 STRs operating as an “Entire Unit”
Average estimated annual revenue, per unit: $23,007.23
Estimated total annual TBID (City Share 1%) revenue: $4,840.72
254 STRs operating as a “Private Room”
Average estimated annual revenue, per room: $6,761.28
Estimated total annual TBID (City Share 1%) revenue: $686.95
5 STRs operating as “Shared Room”
Average estimated annual revenue, per room: $876.24
Estimated total annual TBID (City Share 1%) revenue: $1.75
Total Annual City TBID (City Share 1%) Revenue: $6,670.70
Transient Occupancy Tax (TOT) – 10% Tax
526 STRs operating as an “Entire Unit”
Average estimated annual revenue, per unit: $23,007.23
Estimated annual TOT revenue: $1,210,180.82
254 STRs operating as a “Private Room”
Average estimated annual revenue, per room: $6,761.28
Estimated annual TOT revenue: $171,736.51
5 STRs operating as “Shared Room”
Average estimated annual revenue, per room: $876.24
Estimated annual TOT revenue: $438.12
Estimated Total Annual City Revenue: $1,382,355.46
Total City Revenue from TBID Assessment and TOT: $1,389,026.16
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MEDIUM THRESHOLD REGULATIONS
The one, notable difference in terms of revenue generation between the Low and Medium Threshold
Regulations is the inclusion of Permit and Business License fees. These fees should be based
on the cost associated with administering the new regulations, heightened Code Enforcement
activities, and a third-party contract to monitor the 24hr STR hotline. While these are financial and
policy decisions for the City to make, LWC has complied a brief list of examples of permit/license
fees from adjacent municipalities to give the City as sense of how other similar programs are being
managed.
Tourism Business Improvement District (TBID) – 4% Assessment
526 STRs operating as an “Entire Unit”
Average estimated annual revenue, per unit: $23,007.23
Estimated total annual TBID (City Share 1%) revenue: $4,840.72
254 STRs operating as a “Private Room”
Average estimated annual revenue, per room: $6,761.28
Estimated total annual TBID (City Share 1%) revenue: $686.95
5 STRs operating as “Shared Room”
Average estimated annual revenue, per room: $876.24
Estimated total annual TBID (City Share 1%) revenue: $1.75
Total Annual City TBID (City Share 1%) Revenue: $6,670.70
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Transient Occupancy Tax (TOT) – 10% Tax
526 STRs operating as an “Entire Unit”
Average estimated annual revenue, per unit: $23,007.23
Estimated annual TOT revenue: $1,210,180.82
254 STRs operating as a “Private Room”
Average estimated annual revenue, per room: $6,761.28
Estimated annual TOT revenue: $171,736.51
5 STRs operating as “Shared Room”
Average estimated annual revenue, per room: $876.24
Estimated annual TOT revenue: $438.12
Estimated Total Annual City Revenue: $1,382,355.46
Total City Revenue from TBID Assessment and TOT: $1,389,026.16
Local Municipality Fee Table
Municipality Application Type Fee
City of Newport Beach STR Permit Application $103.00
Business License $174.00 (Residential Area)
$61.00 (Processing Fee)
City of San Clemente Zoning Permit $140.00
Operating License $105.00
City of Dana Point STR Permit Application $150.00
Table 5 - Summary of Local Municipality Fees. Source: City of Newport Beach, City of San Clemente, & City of Dana Point.
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HIGH THRESHOLD REGULATIONS
The main distinguishing factor of the High Threshold Regulations is the geographic limitations of
STR rentals. The data shows that the majority of rentals are concentrated in the downtown and
Sunset Beach neighborhoods. Utilizing existing boundaries such as Specific Plans and the Coastal
Zone, LWC created a potential “zone” for each area in which STRs can operate. These “zones” were
created to get a sense of how many STRs are operating in these defined areas and how much
revenue could be collected if STRs were allowed to operate in just these two areas. The potential
revenue is broken down below:
Tourism Business Improvement District (TBID) – 4% Assessment
286 STRs operating as an “Entire Unit” within Downtown and Sunset Beach zones
Estimated total annual City TBID (City Share 1%) revenue: $2,632.03
68 STRs operating as a “Private Room” within Downtown and Sunset Beach zones
Estimated total annual City TBID (City Share 1%) revenue: $159.34
7 STRs operating as a “Shared Room” within Downtown and Sunset Beach zones
Estimated total annual City TBID (City Share 1%) revenue: $2.45
Estimated Total Annual City Revenue: $2,793.82
Transient Occupancy Tax (TOT) – 10% Tax
286 STRs operating as an “Entire Unit” within Downtown and Sunset Beach zones
Estimated total annual City TOT revenue: $658,007
68 STRs operating as a “Private Room” within Downtown and Sunset Beach zones
Estimated total annual City TOT revenue: $45,976
7 STRs operating as a “Shared Room” within Downtown and Sunset Beach zones
Estimated total annual City TOT revenue: $613.36
Estimated Total Annual City Revenue: $704,596.36
Estimated Total City Revenue from STRs in Downtown and Sunset Beach: $707,390.96
Additional regulations that could be utilized includes limiting STR’s to “hosted” unit types or caps on
the total number of units, days of use, or persons per room. However, limiting STR’s geographically
has the benefit of being easily regulated and monitored whereas the internal use restrictions are
possible to monitor but require a much more robust regulatory structure.
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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap
contributors, and the GIS User Community
´
0 1.5 30.75 Miles
Legend
!Sunset Beach !Downtown !(Rest of City City Boundary
Figure 8 - Map of Active Listings by Neighborhood. Source: Host Compliance, LLC.
492
983 OSOS STREET, SAN LUIS OBISPO, CA 93401 | (805) 595 1345 | LISAWISECONSULTING.COM |22
SUMMARY AND CONCLUSION
The City stands to collect substantial revenue from its share of TBID and TOT if applying the rates
to STRs throughout the city or just Downtown and Sunset Beach. Based on the data above, policy
decisions how to implement the rates and how the potential revenue would fund enforcement
efforts must be considered. Overall, the data and analysis provide the platform for the City to
move forward with decisions on how to properly regulate Short-Term Rentals in Huntington Beach.
Sunset Beach. Source: Kevin Pellon (@socalsnapz) via surfcityusa.com
493
City of Huntington Beach
File #:20-1883 MEETING DATE:9/21/2020
Submitted by Councilmember Delgleize - Development of an Internet Access Pilot Program
I recommend that the City Council direct the City Manager to develop a school internet access pilot
program for economically disadvantaged families in Huntington Beach for formal City Council
consideration.
City of Huntington Beach Printed on 9/16/2020Page 1 of 1
powered by Legistar™494
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BARBARA DELGLEIZE, CITY COUNCIL MEMBER
DATE: SEPTEMBER 21, 2020
SUBJECT: DEVELOPMENT OF AN INTERNET ACCESS PILOT PROGRAM
BACKGROUND
As schools have started reopening, distance based learning has been the norm for our public
education institutions here in Huntington Beach. While the logistics associated with distance
learning are complex, most of our residents have access to high-speed / wireless internet access,
which alleviates one of the major challenges associated with having students attend school
remotely.
However, for some students in Huntington Beach, distance based learning is made nearly
impossible without adequate internet access capabilities. I’ve been made aware of situations
where economically disadvantaged families are challenged by not having the infrastructure
necessary for their kids to access Zoom.
While internet access to facilitate distance learning is and should remain a school district
responsibility, the stories I’ve heard have compelled me to request that the City Council consider
directing the City Manager to develop an initial internet access pilot program for Huntington
Beach students.
RECOMMENDED ACTION
I recommend that the City Council direct the City Manager to develop a school internet access
pilot program for economically disadvantaged families in Huntington Beach for formal City
Council consideration.
495