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HomeMy WebLinkAboutPacket_09082025     A G E N D A MEETING OF THE CITY COUNCIL Monday, September 8, 2025 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District NATHAN STEELE MAYOR PRO TEM Fifth District   JOE KALMICK COUNCIL MEMBER First District                                                           BEN WONG COUNCIL MEMBER Second District     PATTY SENECAL COUNCIL MEMBER Fourth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No  action  or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability  related modifications  or accommodations, including  auxiliary  aids  or  services  to  attend  or  participate  in  the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. Teleconference  Notice: One  or  more  Council  Members  are  expected  to  participate  remotely  during this meeting  for “just cause” pursuant to AB 2449, Government Code Section 54953(f). A quorum of the City Council will be physically present at the designated meeting location. Members of the public may  access  the  meeting  and  provide  public  comment  using  Microsoft  Teams  at  the  following  link, https://teams.microsoft.com/l/meetup- join/19%3ameeting_NDk5YzdlYzctOWNmMi00MzBlLThmMjAtNGRiZTRhMWZhODgy %40thread.v2/0?context=%7b%22Tid%22%3a%221015260c-6f1d-4f86-999d- 32ce9675f4f9%22%2c%22Oid%22%3a%2288bb98e8-2146-4b98-a500-3caa2b15e618%22%7d  or by signing in using the meeting ID 243 320 078 429 6. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •Hunger Action Month Proclamation – September 2025 •National Day of Remembrance Proclamation – September 11, 2025 ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items  within the  subject  matter  jurisdiction  of  the  City  Council. Pursuant  to  the  Brown  Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on  the  agenda  may, at  the  Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those  members  of  the  public  wishing  to  speak  are  asked  to  come  forward  to  the microphone and state their name  for the record. All speakers will be limited to  a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for  review  should  be  presented  to  the  City  Clerk  for  distribution. Speaker  cards  will  be available  at  the  Clerk’s  desk  for  those  wishing  to  sign  up  to  address  the  Council, although  the  submission  of  a  speaker  card  is  not  required  in  order  to  address  the Council. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By  motion  of the  City  Council  this  is  the time  to notify  the public of  any  changes  to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS A.City Council Contract Approval Discussion - Conduct  a discussion  related to City Council contract approval.   CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. B.Approval of the City Council Minutes - That  the  City  Council  approve  the minutes of the Regular City Council meeting held on August 11, 2025.   C.Monthly Investment Report (September 8, 2025) - Receive and file.   D.Demand on City Treasury (Fiscal Year 2026) - Ratification.   E.Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County - That the  City  Council  adopt  Resolution  7685: 1. Approving  the  Agreement  for Sharing  Consultant  Costs  for  the  2025  Urban  Water  Management  Plans  with the  Municipal  Water  District  of  Orange  County  (Agreement) for  a  not-to- exceed  total  of  $49,595; and, 2. Authorizing  the  City  Manager  to  execute  the Agreement  on  behalf  of  the  City; and, 3. Authorizing  the  City  Manager  to approve  additional  work  requests  up  to  $10,000  in  connection  with  the Agreement.   F.Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance Edward Unkovich dba Free Lance Masonry for Concrete and Masonry Maintenance and Repair Services - That  the  City  Council  adopt  Resolution  7686: 1. Approving Amendment  1  to  the  On-Call  Professional  Maintenance  Services  Agreement for  concrete  and  masonry  maintenance  and  repair  services  with  Lance Edward  Unkovich  dba  Free  Lance  Masonry, dated  October  3, 2022, as previously  extended, to: (a) to  extend  the  term  of  the  Agreement  for  a  third extension  from  October  3, 2025  through  October  3, 2026; (b) supplementing the  scope  of  services  for  the  second  extension  by  the  additional  services  set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by  $86,225.00, which  includes  $11,225.00  for  the  second  extension  (revising second  extension  total  compensation  amount  to  $46,225.00) and  the  not-to- exceed  sum  of  $75,000  for  third  extension, for  a  total  not-to-exceed  revised contract  amount  of  $191,225; and, 2. Authorizing  and  directing  the  City Manager to execute Amendment 1 on behalf of the City.   G.Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid-Management and Confidential Employees Association Bargaining Unit and Temporarily Amending the Position’s Job Classification - That the City Council adopt Resolution 7687: 1. Approving  the  transfer  of  the  Public  Works  Superintendent  classification’s bargaining  unit  from  Seal  Beach  Supervisors  & Professionals  Association  to Mid-Management  and  Confidential  Employees  Association, effective September  8, 2025; and, 2. Corrects the job classification’s exempt  status  for the period from June 23, 2025 through September 8, 2025 and confirming that the position will be exempt thereafter; and, 3. Authorizing the City Manager, or their designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit.   H.Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification - That  the  City  Council  adopt Resolution  7688: 1. Authorizing  an  amendment  to  the  Classification  Plan  to add  the  Human  Resources  Manager  position, and  designating  this  job classification to Grade 36 on the Seal  Beach Full-Time Pay Schedule; and, 2. Amending  the  Fiscal Year 2025-26  Position  Allocation Plan to  include one  (1) full-time Human Resources Manager.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS I.Consideration of Award of Public Works Agreement to Covenant Technical Solutions, Inc., and Approval of Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services, Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services, and Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA #26-03-03, for the Lampson Well Treatment System Project, CIP WT1902 - That  the  City  Council  adopt  Resolution  7689: 1. Approving the  plans, specifications, and contract  documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and, 2. Sustaining the bid  protest  of  Metro  Builders  & Engineers  Group, Ltd. (Metro  Builders), and rejecting  the  bid  of  apparent  low  bidder, RE  Chaffee  Construction, Inc. (Chaffee), as  non-responsive; and, 3. Awarding  a  Public  Works  Agreement with  Covenant  Technical  Solutions, Inc. (CTS) for  the  Project  in  the  not-to- exceed  amount  of  $5,649,257, overruling  the  bid  protest  filed  by  Metro Builders  contending  that  the  bid  was  non-responsive, finding  that  CTS  is  the lowest  responsible  bidder, waiving  minor  bid  irregularities  in  the  bid, and rejecting  all  other  bids; and, 4. Authorizing  the  City  Manager  to  execute  the Public  Works  Agreement  with  Covenant  Technical  Solutions, Inc. for  the Project; and authorizing the City Manager to approve additional work requests and  construction  support/testing/inspection  services  up  to  $565,000 (approximately  10%), in  connection  with  the  Project; and, 5. Approving Amendment  3  to  the  Professional  Services  Agreement with  Pacific  Advanced Civil  Engineer, Inc. for  Engineering  Services  extending  the  term  through  and including  June  30, 2028, and  increasing the  compensation  by  $144,870  for  a revised  total  not-to-exceed  amount  of  $586,475  for  the  Project; and, 6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management  and  Inspection  Services for  the  Project  in  the  not- to-exceed  amount  of  $494,722, and  rejecting  all  other  proposals; and, 7. Authorizing  the  City  Manager  to  execute  a  Professional  Services  Agreement for  Construction  Management  and  Inspection  Services  with  Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional  construction  management  and  inspection  services  up  to  $50,000 (approximately  10%), in  connection  with  the  Project; and, 8. Approving  and Authorizing the City Manager to execute a new  Orange County Water District Producer  Well  Construction  Loan  Agreement  reflecting  an  updated  loan amount  of  $7,000,000; and, 9. Directing  the  City  Manager  to  accept  and expend the revised  Orange  County Water District Producer  Well Construction Loan Agreement amount; and, 10. Approving  Budget Amendment BA #26-03- 03 in the amount $2,550,000 for CIP WT1902.   J.8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, - ADA Improvement Design Options - That the City Council adopt Resolution 7690 approving  the  8th  and  10th  Street  Parking  Lots  & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and  direct staff to proceed with detailed design plans.   K.Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County’s Finding of Housing Element, Zoning Code Amendment and Main Street Specific Plan Amendment Inconsistency -  That the City  Council adopt  Resolution 7691: 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department  of  Transportation  of  the  City’s  intention  to  find  that  the  General Plan  2021-2029  Housing  Element  Update, Zoning  Code  Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State  Aeronautics  Act  and  overrule  the  Orange  County  Airport  Land  Use Commission’s  determination  that  the  Housing  Element  Update, Zoning  Code Amendment  and  Main  Street  Specific  Plan  (MSSP) Amendment  are inconsistent  with  the  2017  Joint  Forces  Training  Base  Los  Alamitos  Airport Environs  Land  Use  Plan; and, 2. Authorizing  the  City  Manager  to  submit Resolution 7691 to the Orange County Airport Land Use Commission and the State  Division  of  Aeronautics, and  schedule  a  public  hearing  pursuant  to Public Utilities Code Section 21676.   ADJOURNMENT Adjourn the City Council in memory of Seal Beach Resident and Planning Commissioner Richard Coles to Monday, September 22, 2025 at 5:30 p.m. to meet in closed session, if deemed necessary. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                          @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS   1 Brandon DeCriscio From:JO8N <JO8N@proton.me> Sent:Monday, September 8, 2025 7:58 AM To:Lisa Landau; Nathan Steele; Joe Kalmick; Ben Wong; Patty Senecal; Patrick Gallegos; Michael Henderson; nghirelli@rwglaw.com; Gloria Harper; Brandon DeCriscio; Karen Pickering; Ask City Hall; budget; info@sealbeachchamber.org; Joe Bailey; Alexa Smittle; Barbara Arenado; Iris Lee; Tim Kelsey; Shaun Temple; Deb Machen; Anthony Nguyen; Nicholas Nicholas; Mike Ezroj; Julia Clasby; ctuchalski@bestversionmedia.com; editor2 @sunnews.org; cpenaorg@gmail.com; Brian Gray; Nick Bolin; hr@sealbeachca.gov; Megan Coats; Jessica Salvador; Chris Hendrix; sealbeachcityrotary@gmail.com; info@bestversionmedia.com; michael.maurer@bbklaw.com; scott.campbell@bbklaw.com; jeff.ballinger@bbklaw.com; hongdao.nguyen@bbklaw.com; ruben.duran@bbklaw.com; msubramanian@bbklaw.com; csteele@rwglaw.com; lgoff@rwglaw.com; nwssbpao@us.navy.mil Subject:Public Comment - THE SPIRIT Without Limit - Seal Beach City Council Meeting 9/8/25 Thank You Alexa RE: Hunger Action Month Proclamation - Do not work for food that spoils, but for food that endures to eternal life. We have enough food to feed everyone, distribution is the problem. Psychedelic Communitas: Intersubjective Experience During Psychedelic Group Sessions Predicts Enduring Changes in Psychological Wellbeing and Social Connectedness https://doi.org/10.3389/fphar.2021.623985 Exploring the Therapeutic Effects of Psychedelics Administered to Military Veterans in Naturalistic Retreat Settings https://onlinelibrary.wiley.com/doi/10.1002/brb3.70660 Improvements in well-being following naturalistic psychedelic use and underlying mechanisms of change in older adults: A prospective cohort study https://doi.org/10.21203/rs.3.rs-3977169/v1 ‘This is medicine’: inside the psilocybin retreat for US first responders https://www.theguardian.com/us-news/2024/dec/29/psilocybin-therapy-first-responders Transformative experience and social connectedness mediate the mood-enhancing effects of psychedelic use in naturalistic settings https://doi.org/10.1073/pnas.1918477117 Cosmology of belonging: The role of community in the therapeutic use of psychedelics https://pmc.ncbi.nlm.nih.gov/articles/PMC12145490/ Psychedelic-Assisted Group Therapy: A Systematic Review https://pmc.ncbi.nlm.nih.gov/articles/PMC6650145/ Psychedelics and connectedness to natural and social worlds: An examination of the evidence and a proposed conceptual framework https://doi.org/10.1016/j.copsyc.2025.101992 Request for Proposal (RFP) For New Legal Representation City of Seal Beach Collaborative Medical Facility & Low Income Housing Community Development 2 I. Introduction The City of Seal Beach invites proposals for new legal representation to advance a transformative civic initiative: the establishment of a collaborative medical and community facility developed in partnership with the Naval Weapons Station Seal Beach, Indigenous Kizh/Tongva/Gabrieleño Tribes, local First Responders, the Leisure World Retirement Community, California State University Long Beach, and the University of California Irvine. This project demands a law firm that combines municipal expertise, environmental stewardship, and the ability to structure complex multi-party agreements. The City recognizes that its current representation under Richards, Watson & Gershon (RWG) has not met the standard required for this moment. RWG’s history of counsel has set forth an example of clear Brown Act violations which allow staff to weaponize fraudulent concealment against the public, failed to recognize the legal intricacies of protected religious practice without correcting the record, hindered innovative legal strategies, and failed to anticipate opportunities that could position Seal Beach as a regional leader in collaborative, health-focused, and culturally inclusive development. A new partner is required. II. Background & Project Vision Seal Beach stands at a crossroads. With the support of local institutions, Indigenous leadership, military partnerships, and academic stakeholders, the City has the opportunity to establish a medical and community facility that will:  Provide public health and elder care services,  Advance academic medical research through CSU Long Beach and UC Irvine,  Honor Indigenous heritage and stewardship,  Deliver veteran, military, and first responder wellness programs,  And create a model for collaborative urban development. Legal representation must be capable not only of navigating the regulatory landscape but also of embracing innovative frameworks, as seen in progressive municipalities like Oakland, which in 2019 became one of the first U.S. cities to decriminalize natural psychedelics. This precedent illustrates a forward-looking municipal legal culture that values community health, cultural respect, and science-based reform. Best Best & Krieger should seek guidance from organizations such as Decriminalize Nature Oakland, Heroic Hearts Project, Johns Hopkins Palliative Care Medicine Program, etc. to enhance the project's alignment with environmental and cultural considerations unique to Seal Beach. The city deserves counsel with the capacity to learn from and transcend these groundbreaking frameworks in order to safely and responsibly heal the community. III. Scope of Services The selected legal partner will be expected to: 1. Land Use & Zoning Approvals o Secure entitlements through the City, County, and California Coastal Commission. o Advise on zoning modifications to enable multi-institutional medical development and indigenous low income housing. 2. Environmental & Natural Resources Law o Conduct and defend CEQA review. o Protect wetlands, coastal habitats, and cultural resources . 3. Multi-Party Agreements 3 o Draft and negotiate intergovernmental agreements with the U.S. Navy. o Structure MOUs, JPAs, or public-private partnerships between the City, universities, Indigenous representatives, and retirement communities. o Ensure enforceable consultation and benefit-sharing mechanisms with Indigenous peoples. 4. Innovative Municipal Strategy o Provide counsel that anticipates future-forward governance models, learning from examples such as Oakland’s natural psychedelic decriminalization ordinance, and improving upon safe supervision. o Position Seal Beach as a leader in collaborative, health-centered governance rather than a follower constrained by illogical frameworks. IV. Firm Qualifications – Best Best & Krieger LLP The City identifies Best Best & Krieger LLP (BB&K) as uniquely qualified to provide this representation.  Tier 1 Metropolitan Rankings in Municipal Law, Land Use & Zoning Law, and Environmental Litigation (Oakland) demonstrate BB&K’s excellence in California’s most progressive urban contexts.  Extensive experience representing municipalities and public agencies across California , including water districts, transit authorities, and cities managing environmentally sensitive development.  Natural Resources & Environmental Law practice directly aligns with Seal Beach’s stewardship responsibilities near the Naval Weapons Station and coastal zones.  Track Record in Complex Multi-Party Agreements: BB&K has advised joint powers authorities, regional water boards, and large-scale infrastructure projects requiring negotiation between federal, state, and local agencies. For example, BB&K attorneys have structured agreements for: o Southern California water management partnerships, o Regional transit governance bodies, o Public-private development projects integrating municipal, state, and community stakeholders. This experience positions BB&K to facilitate Seal Beach’s ambitious multi-institutional project. V. Why Change Representation? The City recognizes that Seal Beach’s current representation by Richards, Watson & Gershon (RWG) has:  Failed to deliver innovative legal strategies for complex, multi-stakeholder initiatives including water and housing.  Advised for state interests above City interests, thereby missing opportunities for creative partnerships with federal and academic institutions.  Demonstrated inadequate engagement with Indigenous legal frameworks and cultural consultation.  Maintained a narrow, transactional approach to municipal law, unsuited to Seal Beach’s transformative vision of community wellness.  Allowed clear Brown Act violations and failed to recognize the legal intricacies of protected religious practice. By contrast, BB&K has demonstrated adaptability in urban contexts like Oakland, where legal innovation intersected with public health reform through decriminalization of natural psychedelics — a precedent Seal Beach may learn from in building a community-based, wellness-oriented facility. VI. Proposal Requirements 4 Interested firms, including BB&K, must provide: 1. Demonstrated experience in land use, CEQA, and Coastal Commission approvals. 2. Specific examples of multi-party agreements facilitated between municipal, federal, academic, and community partners. 3. Strategy for integrating Indigenous consultation as a formal and enforceable element of project governance. 4. Vision for how Seal Beach can innovate beyond traditional municipal frameworks, drawing lessons from progressive precedents. VII. Conclusion Seal Beach is prepared to set a new standard in collaborative urban development and community wellness. The City seeks legal counsel capable of not only guiding the project through regulatory processes but also navigating the limits of municipal governance to deliver a health-focused, culturally inclusive, and environmentally sound civic project. Best Best & Krieger LLP is identified as one of the strongest candidates to replace RWG and provide Seal Beach with the representation it deserves. The City Council now has the opportunity to demand excellence by selecting a firm that will ensure Seal Beach leads, rather than lags, in California’s municipal innovation. I Am A Local Seal Beach Resident That Went To McGaugh K-5 With Many Children Of NWSSB. As I Have Matured, I Have Become Increasingly Aware Of The Unique Challenges Facing Military, Law Enforcement, First Responders, And Their Loved Ones. I Have Witnessed Multiple Veteran Tragedies— Including Addiction, Suicide, Divorce, And Preventable Death, First Hand— Which I Realize Is Only A Miniscule Fraction Of What To Military, Law Enforcement, And First Responders Witness Everyday. Can We Try To Help Heal This National Problem Together Locally? My Collaborative Proposal Unites The National NWSSB, The Local City Of Seal Beach, The Elderly Leisure World, The Native Kizh/Tongva/Gabrieleño Tribe, CSULB, And UC Irvine For A Fully Legal, Locally Grown Psychedelic Therapy And End Of Life Care Initiative. Given The Passage Of The Douglas Mike Day Psychedelic Therapy to Save Lives Act of 2023, Decriminalization Of Naturally Growing Psychedelics In Some California Jurisdictions And Nearby States, The Native Burial Sites Unearthed On The Sacred Land Of Seal Beach And CSULB, The Restoration Of The Los Cerritos Wetlands In Seal Beach, And The Recent Psychedelic Therapy Education Announcement From UC Irvine, I Believe The Time To Act Is Now. Through Collaboration, We Can Build A Multidisciplinary Medical Facility Across The Street From Leisure World That Trains And Facilitates Urgent/Emergency Military, First Responder, And End Of Life Psychedelic Experiences As Its Highest Priority. With Guidance From The Civilian Programs At CSULB And UCI, The Facility Can Also Give Military Medical Personnel And Civilian First Responder Personnel Training To Best Take Care Of Their Own And Respond To Difficult Psychedelic Or Mental Health Experiences That Occur In Unsupervised Settings. The Facility Would Include Adjacent Native American Low Income Housing To Grow Natural Psychedelics And A Large Community Garden, Allowing Those That Have Psychedelic Experiences To Have Grounded Integration In The Pace Of Nature And Everyday Life Through Gardening. While Remembering The History Of This Sacred Land And The Wisdom Carried By Its Lineage, We Can Reciprocate Our American Culture's Newfound Need For Evidence-Based Natural Psychedelic Therapies. 5 I Was In 2nd Grade When 9/11 Happened, And Many GWOT Veterans Stress That Terror Attacks On Our Homeland Are Currently Being Planned. Rather Than Succumb To The Division Across Political Lines Leaving Us Vulnerably Separated, Can We Unite As A Community And Serve As An Example For The Rest Of The Nation Before It Is Too Late? Furthermore, Many GWOT Veterans Feel Honored That They Were Able To Show The People Of The Middle East True Freedom Is Possible. However, Is It Always An Unsustainable Proposition To F ree People From Terrorism/Dictatorship/Communism Through Outside Force? As The Recent Calls For Iran To Free Themselves From Within Show, We Currently Have No Weapon Systems To Provide The Rest Of The World With The Courage To Speak Freely That Is Required For Revolution. The First Amendment Is The Foundation Of Our Nation's Life, Liberty, And Pursuit Of Happiness, And The Entire World Deserves That As Well. To Ignore, Discount, Ridicule, Or Punish The Many Veterans That Have Courageously Testified To Truly Life-Saving Psychedelic Healing Is To Be A Part Of Global Terror And Not A Part Of America's Freedom. The Smartest Surfer In The World: Cliff Kapono | Let It Kill You (Grow Coral Reefs Or Artificial Reefs On The Ocean Floor In Seal Beach To Alter The Breaks) https://www.youtube.com/watch?v=St59ecWsD3o Doctors find drug that is better than aspirin at preventing heart attacks - Clopidogrel https://www.theguardian.com/society/2025/aug/31/doctors-find-drug-that-is-better-than-aspirin-at-preventing-heart- attacks-clopidogrel NSIDE America's Deadliest Chinese Mafia Drug Network Operating in Maine | Borderland #91 Ironclad - Steve Robinson, investigative journalist and executive producer of the documentary High Crimes, to discuss his investigation into illegal marijuana grows in Maine. Robinson reveals how many of these operations are controlled by Chinese organized crime, exploiting loopholes in state cannabis laws and using dangerous pesticides that pose health risks. He also examines the connections between these grows, broader drug trafficking networks, political complicity, and the implications for local communities and U.S. national security. (IMO This is so widespread across the U.S. because of lack of Cannabis integration into local ecology/economy by artificially propping up big business Cannabis with licensing fees, state taxes vs local taxes) https://www.youtube.com/watch?v=wswAe0Qf6dQ We Found the Hidden Cost of Data Centers. It's in Your Electric Bill - More Perfect Union https://www.youtube.com/watch?v=YN6BEUA4jNU Reexamining Lackluster Productivity Growth in Construction - Daniel Garcia https://www.federalreserve.gov/econres/feds/files/2023052r1pap.pdf JO8N On Monday, August 11th, 2025 at 5:16 PM, JO8N <JO8N@proton.me> wrote: I Just Think The Water Thing Is Inevitable. The City Is Being Forced To Ship In Water At High Cost Already. I Am Concerned About The Well Closest To The Coast Due To Saltwater Intrusion, So I Hope That Is Not A Bad Investment In The Longer Term Future. I Am Concerned With The Burden On College Park East's Water System Given The New Developments In Los Alamitos And The Proposed Development In The Seal Beach Housing Element. I Am Sad If Any Leisure World Resident Truly Cannot Afford The Water Increases Rather Than Simply Being Inconvenienced. Is There Potential To Micro-finance Scholarships Or Grants To Residents In Need? I Agree With My Neighbor That The Naval Weapons Station Is Not Contributing Equally When You Really Think About Water Rates And Land Development Potential. I Do Not Attribute Malice As They Are Clearly Busy Doing Their Own Thing. Could My Proposed Medical Facility Be A Beneficial Solution For All Parties? Does Anyone Else Have Any Big Picture Proposals/Ideas They Are Willing To Share In City Council Meetings? For The Water Thing, I Would Have Liked To See Words Like Inter-District Equity Guarantee Or Rate Stabilization Reserve To Make Residents Feel More Comfortable. Agenda Item B AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on August 11, 2025. Page 2 1 9 3 6 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session, August 11, 2025 Seal Beach, California August 11, 2025 The City Council met in Regular Session at 7:00 p.m. in the City Council Chambers. Council Member Senecal led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, City Manager Michael Henderson, Police Chief Alayna Hoang, Finance Manager Craig Covey, Orange County Fire Authority Division 1 Chief Joe Bailey, Marine Safety Chief Brandon DeCriscio, Deputy City Clerk Nick Nicholas, Police Captain Tim Kelsey, Recreation Manager Sean Low, Deputy Director of Public Works David Spitz, Associate Engineer Sean Sabo, Management Analyst Shaun Temple, Planning Manager Deb Machen, Executive Assistant Michael LaPlante, Cross Connection Specialist PRESENTATIONS / RECOGNITIONS Service Clubs Month Proclamation – September 2025 ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: Ellery Deaton, and Charlie Kluger addressed the City Council. Mayor Landau closed oral communications. Seven (7) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Senecal pulled item G for separate consideration. Council Member Wong moved, second by Council Member Kalmick to approve the agenda. 1 0 0 3 2 AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT City Manager Gallegos announced his attendance at a meeting with Orange County Fire Authority (OCFA) leadership, and the Seal Beach Police Department’s National Night Out. Additionally, City Manager Gallegos announced his upcoming attendance at the State of the State Breakfast on August 12, 2025, at Old Ranch Country Club. COUNCIL COMMENTS Council Member Wong reported that he met with residents regarding the proper water and sewer rate adjustments. Council Member Kalmick reported his attendance at the Orange County Fair Elected Officials Dinner, the Orange County Fire Authority (OCFA) Human Resources Committee, the Seal Beach Police Department National Night Out, and the Junior Lifeguard Banquet. Council Member Senecal thanked the Recreation Department and the College Park East Homeowners Association for their work on the College Park East Summer Send Off event. Additionally, Council Member Senecal acknowledged the Chamber of Commerce for all their work serving the community. Finally, Council Member Senecal reported that she met with residents regarding the Water and Wastewater Utility Rate Study, and her attendance at the Airport Land Use Commission meeting. Mayor Pro Tem Steele announced that he met with several residents and Leisure World community groups regarding the proposed water and sewer rate adjustments. Additionally, Mayor Pro Tem Steele reported his attendance at the State of the County Luncheon. Mayor Landau reported that she met with several residents regarding the proposed water 1 0 0 3 2 and sewer rate adjustments. Additionally, Mayor Landau reported her attendance at the Seal Beach Police Department National Night Out. COUNCIL ITEMS A. Housing Element Update - Receive and file. Mayor Landau called upon Director of Community Development Smittle. Director of Community Development Smittle provided an in-depth presentation on the Housing Element. Council’s questions and concerns were addressed by Director of Community Development Smittle. Mayor Pro Tem Steele moved, second by Council Member Kalmick to receive and file the Housing Element Update. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Mayor Pro Tem Steele moved, second by Mayor Landau to approve the recommended actions on the consent calendar with the exception of Item G. B. Demand on City Treasury (Fiscal Year 2026) - Ratification. C. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on July 28, 2025. D. Notice of Completion for the Arterial Paving Program, Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3 - That the City Council adopt Resolution 7681: 1. Accepting the Arterial Paving Program, Seal Beach Boulevard from Westminster Avenue to North Gate Road, CIP O-ST-3, by All American Asphalt in amount of $1,421,646.41; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. 1 0 0 3 2 E. Amendments to Professional Service Agreements with Lisa Wise Consulting, Inc. - That the City Council adopt Resolution 7682: 1. Approving Amendment 2 to Professional Service Agreement with Lisa Wise Consulting, Inc., to provide professional services related to the 2021-2029 Housing Element Update, extending the term to December 31, 2025; and, 2. Approving Amendment 2 to Professional Service Agreement with Lisa Wise Consulting, Inc., to provide professional services revising portions of Title 11 of the Municipal Code to implement the 2021-2029 Housing Element, extending the term to December 31, 2025; and, 3. Authorizing the City Manager to execute each Amendment on behalf of the City. F. Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc. - That the City Council adopt Resolution 7683: 1. Approving Amendment 2 to the Professional Services Agreement with Stantec Consulting Services, Inc., extending the term to December 31, 2025; and, 2. Directing the City Manager to execute Amendment 2 on behalf of the City. G. Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7684: 1. Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City. The vote below is for the Consent Calendar Items with the exception of Item G. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR G. Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7684: 1. Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City. 1 0 0 3 2 Mayor Landau called upon City Manager Gallegos. City Manager Gallegos called upon Director of Community Development Smittle to provide an overview of the staff report. Council Member Senecal and Mayor Pro Tem Steele’s questions and concerns were addressed by Director of Community Development Smittle. Mayor Landau moved, second by Council Member Kalmick to adopt Resolution 7684: 1. Approving Amendment 3 to the Professional Services Agreement with Holistic System Integration Solutions to approve an increase in compensation of $15,000 for continued post-implementation support of Tyler Technologies’ Enterprise Permitting and Licensing (EPL) Land Management Software System for a revised total not-to-exceed amount of $35,000; and, 2. Directing the City Manager to execute Amendment 3 on behalf of the City. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried Mayor Landau requested that a discussion item related to contracts that are approved by City Council and the type of information that is included in Staff Reports be agendized for a future meeting. Council Consensus was reached. PUBLIC HEARING H. Proposition 218 Protest Public Hearing – Water Rate and Sewer Rate Adjustments - 1. That the City Council conduct a public hearing to accept comments on the proposed water and sewer rate adjustments; and, 2. Upon the conclusion of the public hearing, that the City Council adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk. Mayor Landau called upon Deputy City Clerk DeCriscio to provide an overview of the Proposition 218 process. 1 0 0 3 2 Mayor Landau called upon Director of Public Works Lee to provide an in-depth report of the staff report and address the public’s concerns. Mayor Landau opened the Public Hearing. Speakers: Glenn Libby, James Jenson, Patty Campbell, Charlie Kluger, Matthew Terry, Hope Horning, Eugena Yasnogorodsky, Theresa Miller, Ellery Deaton, Catherine Showalter, Jerry Pieretti, and Rick Mansour addressed the City Council. Mayor Landau closed the Public Hearing. Mayor Pro Tem Steele provided a presentation in support of the original proposal. A discussion ensued between the Council Members, Director of Public Works Lee, City Attorney Ghirelli, and Finance Manager Hoang. Deputy City Clerk DeCriscio announced that the City received written protests against the proposed rate adjustments for water service representing 431 parcels out of a total of 5,614 parcels. Additionally, he announced that the City received written protests against the proposed rate adjustments for sewer service representing 426 parcels out of a total of 5,076 parcels. Neither the water or sewer written protests constitute a majority protest. Council Member Senecal moved, second by Council Member Wong to direct staff to return at a future City Council meeting with a revised rate study that reduced the number of Capital Improvement Projects from 11 to five (5), includes provisions to pay for loans, and include sufficient funding for a full cost of service study with an RFP issued within six (6) months. AYES: Senecal, Landau NOES: Kalmick, Wong, Steele ABSENT: None ABSTAIN: None Motion failed. Mayor Pro Tem Steele moved, second by Council Member Wong to adopt Resolution 7668 responding to timely filed written objections to the proposed water and sewer rates pursuant to the requirements of Assembly Bill 2257; and, 3. Upon the conclusion of the public hearing, provided a majority protest against the proposed water rates does not exist, that City Council adopt Resolution 7669 establishing the water rates, effective August 1, 2025; and, 4. Upon the conclusion of the public hearing, provided a majority protest against the proposed sewer rates does not exist, that City Council adopt Resolution 7670 establishing the sewer rates, effective August 1, 2025; and, 5. Receive and file the Water and Wastewater Financial Plan and Rate Study, prepared by Raftelis Financial Consultants, Inc., dated June 17, 2025, as presented to the City Council at this meeting and on file in the office of the City Clerk. 1 0 0 3 2 AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: Senecal, Landau ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Landau adjourned the City Council meeting in memory of Seal Beach Resident and Community Member Nicole Stewart at 10:12 p.m. to Monday, September 8, 2025, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach Approved:___________________________ Lisa Landau, Mayor Attested:____________________________ Gloria D. Harper, City Clerk Agenda Item E AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7685: 1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-to-exceed total of $49,595; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement. BACKGROUND AND ANALYSIS: California Water Code 10621(a) requires water suppliers (including wholesalers), either publicly or privately owned, that provide water for municipal purposes to more than 3,000 customers or supply more than 3,000 acre-feet annually to submit an updated Urban Water Management Plan (UWMP) to the California Department of Water Resources (DWR) at least once every five (5) years. The next UWMP update is due no later than July 1, 2026. The UWMP provides the DWR with a comprehensive and forward-looking assessment of the City’s water supply and demand. Spanning a 25-year planning period, structured in five (5)-year intervals, the plan evaluates how the City’s current and future water needs align with available resources. It quantifies current and future water demand and assesses supply reliability across three scenarios: normal year, single-dry year, and multiple-dry years, identifying supply reliability Page 2 2 1 0 2 under the three (3) hydrological conditions. The 2025 UWMP will update and replace the 2020 version, incorporating the latest data, assumptions, and planning practices to guide sustainable water management. The City prepared its first UWMP in 2000. That initial plan incorporated the sixteen Best Management Practices (BMPs) for water demand management, as adopted by the California Urban Water Conservation Council (CUWCC). These BMPs were also approved by City Council in conjunction with the authorization of the Orange County Sanitation District Cooperative Projects contracts. Since then, the City has consistently updated its UWMP in accordance with the required five (5)-year schedule, incorporating all relevant legislative and regulatory changes from the State. As in prior years, Municipal Water District of Orange County (MWDOC) will be taking the lead role in coordinating the 2025 UWMP update on behalf of the agencies within its service area. This regional approach is well-suited for this task, as several key elements of the UWMP require a collaborative planning framework. Utilizing a single consultant to prepare UWMPs for multiple agencies has proven effective in past cycles, helping to reduce costs and promote consistency across the individual plans. To initiate the 2025 UWMP update, MWDOC solicited proposals on behalf of the 24 participating agencies. The proposals received were reviewed and evaluated by a selection panel made up of MWDOC staff and several participating agencies. After a thorough review process, the panel recommended Carollo Engineers, Inc. (Carollo) as the most qualified consultant to prepare the 2025 UWMP. To participate in this program, the City will need to enter into an agreement with MWDOC to pay its proportionate share in a not-to-exceed amount of $49,545. Staff further recommends establishing a contingency of $10,000 for additional work or incorporation of optional tasks to achieve full DWR compliance. Once the draft UWMP is complete, staff will return to City Council for formal review and approval prior to its final submission to DWR. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the approval of an agreement with MWDOC will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the agreement and approved as to form. Page 3 2 1 0 2 FINANCIAL IMPACT: Carollo submitted a proposal to MWDOC with a base cost of $1,055,890, along with optional contingency tasks totaling $360,327. The City of Seal Beach’s proportionate share of the base cost is $49,595. A list of optional contingency items was developed to support participating agencies, as detailed in Exhibit B of the Agreement. It is recommended that a $10,000 contingency be established for potential additional work necessary for full compliance with DWR requirements. Funding for the City’s share of the Agreement is included in the adopted FY 2025-2026 budget and will be allocated from the Water Enterprise Fund. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7685: 1. Approving the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plans with the Municipal Water District of Orange County (Agreement) for a not-to-exceed total of $49,595; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $10,000 in connection with the Agreement. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Sabo, Management Analyst ATTACHMENTS: A. Resolution 7685 B. Agreement with MWDOC for Sharing Consultant Costs for 2025 Urban Water Management Plans RESOLUTION 7685 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2025 URBAN WATER MANAGEMENT PLANS WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, the California Water Code 10621(a) requires water suppliers that provide water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet annually, including the City of Seal Beach (City), to submit an updated Urban Water Management Plan (UWMP) to the State Department of Water Resources (DWR) at least once every five (5) years; and, WHEREAS, the City last submitted its 2020 UWMP in 2021, and the City’s 2025 UWMP must now be prepared and submitted to the DWR by July 1, 2026; and, WHEREAS, the Municipal Water District of Orange County (MWDOC) provides a range of support services to its member agencies; and, WHEREAS, pursuant to California Water Code 10620(d)(3), the City wishes to coordinate the preparation of its 2025 UWMP, and MWDOC has agreed to lead the 2025 UWMP update through an agreement for sharing consultant costs with the participating member agencies; and, WHEREAS, the member agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and, WHEREAS, the City desires to enter into a cost-sharing agreement for the 2025 UWMP with MWDOC to ensure compliance and obtain economies of scale thereby reducing preparation time and cost for the City. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. Based on the recitals set forth above, the City Council hereby approves the Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans with Municipal Water District of Orange County (Agreement) in a total not-to-exceed amount of $49,595. Section 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement with MWDOC on behalf of the City. Section 3. The City Council hereby authorizes the City Manager to approve additional work requests up to $10,000 in connection with the Agreement. 7 2 4 5 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7685 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk * Participating Agency pursuant to separate Master Agreement with MWDOC. 1 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2025 URBAN WATER MANAGEMENT PLANS This AGREEMENT is made and entered into as of, ___________ 2025, by and between 1) City of Buena Park 2) City of Fullerton* 3) City of Garden Grove 4) City of La Palma 5) City of Orange 6) City of Seal Beach 7) City of Tustin 8) City of Westminster 9) Yorba Linda Water District 10) East Orange County Water District 11) City of Anaheim* 12) City of Fountain Valley 13) City of Newport Beach 14) City of Santa Ana* 15) City of Huntington Beach 16) Mesa Water District 17) City of San Clemente 18) Santa Margarita Water District 19) South Coast Water District 20) Trabuco Canyon Water District 21) Laguna Beach County Water District 22) City of Brea 23) City of La Habra (collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are collectively referred to as "Parties." RECITALS WHEREAS, under California Water Code section 10621(a), the Participating Agencies are required to update their respective Urban Water Management Plan ("UWMP") at least once every five years; and WHEREAS, the 2025 UWMP's shall be updated and submitted to the California Department of Water Resources (“DWR”) by July 1, 2026; and WHEREAS, each Participating Agency has the responsibility to prepare a separate 2025 UWMP for submission by July 1, 2026; and Cost Sharing Agreement for 2025 UWMP 2 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(3), the Participating Agencies wish to coordinate the preparation of their 2025 UWMPs in the interest of reducing preparation costs; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals. In response, two consulting firms submitted proposals which were reviewed by a panel comprised of representatives of MWDOC and several Participating Agencies and which resulted in the selection of Carollo Engineers, Inc. ("Consultant") as the consultant to prepare UWMPs for the Participating Agencies (the “Work”); and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement 1.1 MWDOC shall award a professional services agreement for the work identified in the Request for Proposals to Consultant ("Consultant Agreement"). MWDOC shall use its standard professional services agreement form for the Consultant Agreement with minor negotiated deviations permitted by MWDOC General Manger and Legal Counsel and require appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers, as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to waive all rights of subrogation against MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers. The Consultant Agreement will require Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage. Cost Sharing Agreement for 2025 UWMP 3 1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of its 2025 UWMP. 1.3 MWDOC shall withhold the final payment until such time as every Participating Agency has notified MWDOC that it is satisfied with the final UWMP prepared for it by Consultant. 1.4 Each Participating Agency shall, within a reasonable timeframe, provide all documents, information and assistance requested by the selected contractor during the performance of the Consultant Agreement. 1.5 Each Participating Agency acknowledges that costs may fluctuate as DWR releases the Draft UWMP Guidebook and participating agencies decide whether or not to participate. 2. Cost Sharing by Participating Agencies 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement the full amount of the Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibits A and B. 2.1.2 Inform each Participating Agency of any proposed additional work under the Consultant Agreement that relates to preparation of that Participating Agency's 2025 UWMP and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both first approve such additional work in writing before MWDOC will notify Consultant to proceed with the work. Exhibit B includes each Participating Agency’s base cost with elected additional items and may be updated pursuant to this section. Exhibit B will be incorporated into this Agreement by this reference, subject to any approved updates. 2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3) for approved additional work. 2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies if there are funds due. 2.2 Each Participating Agency shall: 2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the Cost Sharing Agreement for 2025 UWMP 4 Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibit A. 2.2.2 Pay to MWDOC, upon approval of any additional work under the Consultant Agreement that relates to preparation of its 2025 UWMP, the full amount owed for the approved additional work. Each Participating Agency shall bear all costs associated with extra work it approves, described within Exhibits A and B, incorporated into this Agreement by reference. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the Consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty, Indemnification and Defense MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. All losses or liabilities resulting from any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any work contemplated by this Agreement shall be subject to the indemnification described in this section. Each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed or occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to any other Parties under this Agreement. Cost Sharing Agreement for 2025 UWMP 5 6. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid with the United States Postal Service addressed to the contracting Parties as follows: Notice to Parties If to: 1. MWDOC Harvey De La Torre, General Manager Municipal Water District of Orange County 18700 Ward St. Fountain Valley, CA 92708 2. City of Buena Park Aaron France, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 3. City of Fullerton Pursuant to Master Agreement 4. City of Garden Grove Lisa Kim, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 5. City of La Palma Michael Egan, Interim City Manager City of La Palma 7822 Walker Street La Palma, CA 90623 6. City of Orange Jarad Hildenbrand, City Manager City of Orange P.O. Box 449 Orange, CA 92866 7. City of Seal Beach Patrick Gellegos, City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 8. City of Tustin Aldo Schindler, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 9. Yorba Linda Water District Mark Toy, General Manager Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 10. City of Westminster Christine Cordon, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Cost Sharing Agreement for 2025 UWMP 6 11. East Orange County Water District David Youngblood, General Manager East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 12. City of Anaheim Pursuant to Master Agreement 13. City of Fountain Valley Ted Bui, Mayor City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 14. City of Newport Beach Grace Leung, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 15. City of Santa Ana Pursuant to Master Agreement 16. City of Huntington Beach Howard Johnson, Utilities Manager City of Huntington Beach 19001 Huntington Street Huntington Beach, CA 92648-2211 17. Mesa Water District Paul Shoenberger, General Manager Mesa Water District 1965 Placentia Avenue Costa Mesa, CA 92627-3420 18. City of San Clemente Andy Hall, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 19. Santa Margarita Water District Robert Grantham, General Manager Santa Margarita Water District 26111 Antonio Pkwy Ranch Santa Margarita, CA 92688 20. South Coast Water District Rick Shintaku, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 21. Trabuco Canyon Water District Fernando Paludi, General Manager Trabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679 Cost Sharing Agreement for 2025 UWMP 7 22. Laguna Beach County Water District Keth Van Der Maaten, General Manager Laguna Beach County Water District 306 3rd Street Laguna Beach, CA 92651 23. City of Brea Kristin Griffith, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 24. City of La Habra Jim Sadro, Executive Director City of La Habra P.O. Box 337 La Habra, CA 90633-0337 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Counterparts and Facsimile This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All Parties have participated in the drafting of this Agreement. 9. Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 10. Term This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is July 1, 2026. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement. Cost Sharing Agreement for 2025 UWMP 8 11. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from Parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement. Execution of Agreement by Parties 1. Municipal Water District of Orange County Date: ________________________ By:____________________________ Harvey De La Torre, General Manager Municipal Water District of Orange County Approved as to Form: Date: _______________________ By: _________________________ Joseph Byrne General Counsel 2. City of Buena Park Date: _________________________ By: ___________________________ Aaron France, City Manager City of Buena Park Approved as to Form: Cost Sharing Agreement for 2025 UWMP 9 Date: _________________________ By: ___________________________ City Attorney 3. City of Garden Grove Date: _________________________ By: ___________________________ Lisa Kim, City Manager City of Garden Grove Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 4. City of La Palma Date: _________________________ By: ___________________________ Michael Egan, Interim City Manager City of La Palma Approved as to Form: Date: _________________________ By: ___________________________ City Attorney Cost Sharing Agreement for 2025 UWMP 10 5. City of Orange Date: _________________________ By: ___________________________ Jarad Hildenbrand, City Manager City of Orange Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 6. City of Seal Beach Date: _________________________ By: ___________________________ Patrick Gallegos, City Manager City of Seal Beach Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 7. City of Tustin Date: _________________________ By: ___________________________ Aldo Schindler, City Manager City of Tustin 9/4/2025 Cost Sharing Agreement for 2025 UWMP 11 Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 8. Yorba Linda Water District Date: _________________________ By: ___________________________ Richard Mark Toy, General Manager Yorba Linda Water District Approved as to Form: Date: _________________________ By: ___________________________ District Counsel 9. City of Westminster Date: _________________________ By: ___________________________ Christine Cordon, City Manager City of Westminster Approved as to Form: Date: _________________________ By: ___________________________ City Attorney Cost Sharing Agreement for 2025 UWMP 12 10. East Orange County Water District Date: _________________________ By: ___________________________ David Youngblood, General Manager East Orange County Water District Approved as to Form: Date: _________________________ By: ___________________________ District Counsel 11. City of Fountain Valley Date: _________________________ By: ___________________________ Ted Bui, Mayor City of Fountain Valley Approved as to Form: Date: _________________________ By: ___________________________ Attorney for the City 12. City of Newport Beach Date: _________________________ By: ___________________________ Grace Leung, City Manager City of Newport Beach Cost Sharing Agreement for 2025 UWMP 13 Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 13. City of Huntington Beach a municipal corporation of the State of California Date: _________________________ By: ___________________________ Pat Burns, Mayor City of Huntington Beach Date: _________________________ By: ___________________________ Lisa Lane Barnes, City Clerk Approved as to Form: Date: _________________________ By: ___________________________ Michael Vigliotta, City Attorney 14. Mesa Water District Date: _________________________ By: ___________________________ Paul Shoenberger, General Manager Mesa Water District Approved as to Form: Cost Sharing Agreement for 2025 UWMP 14 Date: _________________________ By: ___________________________ District Counsel 15. City of San Clemente Date: _________________________ By: ___________________________ Andy Hall, City Manager City of San Clemente Approved as to Form: Date: _________________________ By: ___________________________ Elizabeth A. Mitchell, City Attorney 16. Santa Margarita Water District Date: _________________________ By: ___________________________ Robert Grantham, General Manager Santa Margarita Water District Approved as to Form: Date: _________________________ By: ___________________________ District Counsel Cost Sharing Agreement for 2025 UWMP 15 17. South Coast Water District Date: _________________________ By: ___________________________ Rick Shintaku, General Manager South Coast Water District Approved as to Form: Date: _________________________ By: ___________________________ District Counsel 18. Trabuco Canyon Water District Date: _________________________ By: ___________________________ Fernando Paludi, General Manager Trabuco Canyon Water District Approved as to Form: Date: _________________________ By: ___________________________ District Counsel 19. Laguna Beach County Water District Date: _________________________ By: ___________________________ Keith Van Der Maaten, General Manager Laguna Beach County Water District Cost Sharing Agreement for 2025 UWMP 16 Approved as to Form: Date: _________________________ By: ___________________________ District Counsel 20. City of Brea Date: _________________________ By: ___________________________ Kristin Griffith, City Manager City of Brea Approved as to Form: Date: _________________________ By: ___________________________ City Attorney 21. City of La Habra Date: _________________________ By: ___________________________ Jim Sadro, City Manager City of La Habra Approved as to Form: Date: _________________________ By: ___________________________ City Attorney Cost Sharing Agreement for 2025 UWMP 17 EXHIBIT A Consultant Agreement 55401.00000\43859268.1 DRAFT 06/06/25 AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT for consulting services dated August 4, 2025, which includes all exhibits and attachments hereto, “AGREEMENT” is made on the last day executed below by and between MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "DISTRICT," and, CAROLLO ENGINEERS, INC. hereinafter referred to as "CONSULTANT" for Preparation of 2025 Urban Water Management Plans, hereinafter referred to as “SERVICES.”1 DISTRICT and CONSULTANT are also referred to collectively herein as the “PARTIES” and individually as “PARTY”. The PARTIES agree as follows: I PURPOSE AND SCOPE OF WORK A.Consulting Work DISTRICT hereby contracts with CONSULTANT to provide general or special SERVICES, as more specifically set forth in Exhibit "B" attached hereto and incorporated herein, and in coordination with “PARTICIPATING AGENCIES”, as more specifically set forth in Exhibit “C”2. Tasks other than those specifically described therein shall not be performed without prior written approval of DISTRICT's General Manager. B.Independent Contractor CONSULTANT is retained as an independent contractor for the sole purpose of rendering professional and/or special SERVICES described herein and is not an agent or employee of DISTRICT. CONSULTANT shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers’ Compensation insurance, state disability insurance, and any other taxes or insurance CONSULTANT, as an independent contractor, is responsible for paying under federal, state or local law. CONSULTANT is thus not eligible to receive workers’ compensation, medical, indemnity or retirement benefits, including but not limited to enrollment in CalPERS. Unless, expressly provided herein, CONSULTANT is not eligible to receive overtime, vacation or sick pay. CONSULTANT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of DISTRICT. CONSULTANT shall have the sole and absolute discretion in determining the methods, details and means of performing the SERVICES required by DISTRICT. CONSULTANT shall furnish, at his/her own expense, all labor, materials, equipment and transportation necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. DISTRICT shall not have any right to direct the methods, details and means of the SERVICES; however, CONSULTANT must receive prior written approval from DISTRICT before using any sub-consultants for SERVICES under this AGREEMENT. CONSULTANT represents and warrants that in the process of hiring CONSULTANT’s employees who participate in the performance of SERVICES, CONSULTANT conducts such lawful screening of those employees (including, but not limited to, background checks and Megan’s Law reviews) as are appropriate and standard for employees who provide SERVICES of the type contemplated by this Agreement. 1 Pursuant to Section 8002 of the District’s Administrative Code, the District’s “Ethics Policy” set forth at sections 7100-7111 of the Administrative Code is attached hereto as Exhibit “A” and incorporated herein by this reference. 2 The PARTIES acknowledge that the list of PARTICIPATING AGENCIES as set forth in Exhibit “C” is subject to modification by addendum. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 2 C.Changes in Scope of Work If DISTRICT requires changes in the tasks or scope of work shown in Exhibit "B" or additional work not specified therein, DISTRICT shall prepare a written change order. If CONSULTANT believes work or materials are required outside the tasks or scope of work described in Exhibit “B,” it shall submit a written request for a change order to the DISTRICT. A change order must be approved and signed by the PARTIES before CONSULTANT performs any work outside the scope of work shown in Exhibit “B.” DISTRICT shall have no responsibility to compensate CONSULTANT for such work without an approved and signed change order. Change orders shall specify the change in the budgeted amount for SERVICES. D.Standard of Care. CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. E.DISTRICT Provided Information and Services. The DISTRICT shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT’s services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by the DISTRICT or others in performing CONSULTANT's services under this AGREEMENT. F.Estimates and Projections. CONSULTANT has minimal control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way the DISTRICT’s plant and/ or associated processes are operated and/or maintained. Data projections and estimates are based on CONSULTANT’s opinion based on experience and judgment. CONSULTANT cannot and does not guarantee that actual costs and/or quantities realized will not vary from the data projections and estimates prepared by CONSULTANT and CONSULTANT will not be liable to and/or indemnify the DISTRICT and/or any third party related to any inconsistencies between CONSULTANT’s data projections and estimates and actual costs and/or quantities realized by the DISTRICT and/or any third party in the future. II TERM This AGREEMENT shall commence upon the date of its execution and shall extend thereafter for the period specified in Exhibit "B" or, if no time is specified, until terminated on thirty (30) days notice as provided herein. III BUDGET, FEES, COSTS, BILLING, PAYMENT AND RECORDS A.Budgeted Amount for Services CONSULTANT is expected to complete all SERVICES within the Budgeted Amount set forth on Exhibit "B.” The total compensation for the SERVICES to be performed under this AGREEMENT shall not exceed the Budgeted Amount unless modified as provided herein. Upon expending and invoicing the DISTRICT 80% of the Budgeted Amount, CONSULTANT shall prepare and provide to DISTRICT a “cost to complete” estimate for the remaining SERVICES. The PARTIES shall work together to complete the project within the agreed-upon Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 3 Budgeted Amount, but the obligation to complete the SERVICES within the Budgeted Amount lies with the CONSULTANT. B.Fees Fees shall be billed per the terms and conditions and at the rates set forth on Exhibit "B" for the term of the AGREEMENT. Should the term of the AGREEMENT extend beyond the period for which the rates are effective, the rates specified in Exhibit "B" shall continue to apply unless and until modified by consent of the PARTIES. C.Notification Clause Formal notices, demands and communications to be given hereunder by either PARTY shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name or address of the person to whom notices, demands or communication shall be given changes, written notice of such change shall be given, in accordance with this section, within five (5) working days. Notices shall be made as follows: Municipal Water District of Orange County Harvey De La Torre General Manager 18700 Ward Street, P.O. Box 20895 Fountain Valley, CA 92708 Carollo Engineers, Inc. Inge Wiersema, PE, ENV SP Water Resources Practice Director, Senior Vice President 707 Wilshire Boulevard, Suite 3920 Los Angeles, CA 90017 D.Billing and Payment CONSULTANT's fees shall be billed by the 25th day of the month for the previous month’s activities. Invoices received by the 25th day of the month will be paid by DISTRICT by the end of the following month. Invoices shall reference the Purchase Order number from DISTRICT. DISTRICT shall review and approve all invoices prior to payment. CONSULTANT agrees to submit additional supporting documentation to support the invoice if requested by DISTRICT. If DISTRICT does not approve an invoice, DISTRICT shall send a notice to CONSULTANT setting forth the reason(s) the invoice was not approved. CONSULTANT may re-invoice DISTRICT to cure the defects identified in the DISTRICT notice. The revised invoice will be treated as a new submittal. If DISTRICT contests all or any portion of an invoice, DISTRICT and CONSULTANT shall use their best efforts to resolve the contested portion of the invoice. E.Billing Records CONSULTANT shall keep records of all SERVICES and costs billed pursuant to this AGREEMENT for at least a period of seven (7) years and shall make them available for review and audit if requested by DISTRICT. IV DOCUMENTS Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 4 All MATERIALS as defined in Paragraph XI below, related to SERVICES performed under this AGREEMENT shall be furnished to DISTRICT upon completion or termination of this AGREEMENT, or upon request by DISTRICT, and are the property of DISTRICT. V TERMINATION Each PARTY may terminate this AGREEMENT at any time upon thirty (30) days written notice to the other PARTY, except as provided otherwise in Exhibit "B.” In the event of termination: (1) all work product prepared by or in custody of CONSULTANT shall be promptly delivered to DISTRICT; (2) DISTRICT shall pay CONSULTANT all payments for services performed and due under this AGREEMENT on the effective date of termination; (3) CONSULTANT shall promptly submit a final invoice to the DISTRICT, which shall include any and all non-cancelable obligations owed by CONSULTANT at the time of termination, (4) neither PARTY waives any claim of any nature whatsoever against the other for any breach of this AGREEMENT; (5) DISTRICT may withhold 125 percent of the estimated value of any disputed amount pending resolution of the dispute, consistent with the provisions of section III D above, and; (6) DISTRICT and CONSULTANT agree to exert their best efforts to expeditiously resolve any dispute between the PARTIES. VI INSURANCE REQUIREMENTS CONSULTANT shall obtain prior to commencing work and maintain in force and effect throughout the term of this AGREEMENT, all insurance set forth below. A.Workers’ Compensation Insurance By his/her signature hereunder, CONSULTANT certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and that CONSULTANT will comply with such provisions before commencing the performance of the SERVICES under this AGREEMENT. CONSULTANT and sub-consultant will keep workers’ compensation insurance for their employees in effect during all work covered by this AGREEMENT in accordance with applicable law. An ACORD certificate of insurance or other certificate of insurance satisfactory to DISTRICT, evidencing such coverage must be provided (1) by CONSULTANT and (2) by sub- consultant’s upon request by DISTRICT. B.Professional Liability Insurance CONSULTANT shall file with DISTRICT, before beginning professional SERVICES, an ACORD certificate of insurance, or any other certificate of insurance satisfactory to DISTRICT, evidencing professional liability coverage of not less than $1,000,000 per claim and $1,000,000 aggregate, requiring 30 days notice of cancellation (10 days for non-payment of premium) to DISTRICT. Such coverage shall be placed with a carrier with an A.M. Best rating of no less than A: VII, or equivalent. The retroactive date (if any) of such insurance coverage shall be no later than the effective date of this AGREEMENT. In the event that the CONSULTANT employs sub- consultants as part of the SERVICES covered by this AGREEMENT, CONSULTANT shall be responsible for requiring and confirming that each sub-consultant meets the minimum insurance requirements specified herein. C.Other Insurance Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 5 CONSULTANT will file with DISTRICT, before beginning professional SERVICES, ACORD certificates of insurance, or other certificates of insurance satisfactory to DISTRICT, evidencing general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; automobile liability (owned, scheduled, non-owned or hired) of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability ($1,000,000) (if applicable); requiring 30 days (10 days for non payment of premium) notice of cancellation to DISTRICT. For the coverage required under this paragraph, the insurer(s) shall waive all rights of subrogation against DISTRICT, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants or authorized volunteers. CONSULTANT’s insurance coverage shall be primary insurance as respects DISTRICT, its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, for all liability arising out of the activities performed by or on behalf of the CONSULTANT. Any insurance pool coverage, or self-insurance maintained by DISTRICT, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers, the PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, shall be excess of the CONSULTANT’s insurance and shall not contribute to it. The general liability coverage shall give DISTRICT, the PARTICIPATING AGENCIES, and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers additional insured status using ISO endorsement CG2010, CG2033, or equivalent. Coverage shall be placed with a carrier with an A.M. Best rating of no less than A: VII, or equivalents. In the event that the CONSULTANT employs sub-consultant as part of the work covered by the AGREEMENT, it shall be the CONSULTANT’s responsibility to require and confirm that each sub-consultant meets the minimum insurance requirements specified herein. D.Expiration of Coverage If any of the required coverages expire during the term of the AGREEMENT, CONSULTANT shall deliver the renewal certificate(s) including the general liability additional insured endorsement to DISTRICT at least ten (10) days prior to the expiration date. VII INDEMNIFICATION To the fullest extent permitted by applicable law, CONSULTANT shall indemnify, defend and hold harmless DISTRICT, its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, , PARTICIPATING AGENCIES, and their directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and each of them from and against: a.When the law establishes a professional standard of care for the CONSULTANT’s services, all claims and demands of all persons that arise out of, pertain to, or relate to the CONSULTANT’s negligence, recklessness or willful misconduct in the performance (or actual or alleged non-performance) of the work under this agreement. CONSULTANT shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of CONSULTANT’s performance or non-performance of the SERVICES hereunder, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers, for defense or indemnity. b.Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of CONSULTANT. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 6 c. Any and all losses, expenses, damages (including damages to the work itself), attorney’s fees incurred by counsel of the DISTRICT’s choice and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of CONSULTANT to faithfully perform the work and all of the CONSULTANT’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorneys’ fees, incurred by counsel of the DISTRICT’s choice, incurred by the indemnified parties in any lawsuit to which they are a party. Notwithstanding the foregoing, in no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. d. CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the DISTRICT or any third party arising out of breach of contract, termination, or for any other reason whatsoever unless the damages arise from CONSULTANT’s willful misconduct. Additionally, CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSULTANT’s subconsultants, that impact project completion and/or success. CONSULTANT shall immediately defend, at CONSULTANT’s own cost, expense and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against DISTRICT or its directors, officers, employees, or authorized volunteers with legal counsel reasonably acceptable to DISTRICT, and shall not tender such claims to DISTRICT nor its directors, officers, employees, or authorized volunteers. CONSULTANT shall immediately pay and satisfy any judgment, award or decree that may be rendered against DISTRICT or its directors, officers, employees, or authorized volunteers, in any and all such suits, actions, or other legal proceedings. CONSULTANT shall immediately reimburse DISTRICT or its directors, officers, employees, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing indemnity herein provided. CONSULTANT’s obligation to indemnify shall survive the termination or completion of this agreement for the full period of time allowed by law and shall not be restricted to insurance proceeds, if any, received by DISTRICT, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers, or the PARTICIPATING AGENCIES, its directors, officers, agents, employees, attorneys, consultants or authorized volunteers. VIII FINANCIAL DISCLOSURE AND CONFLICTS OF INTEREST Although CONSULTANT is retained as an independent contractor, CONSULTANT may still be required, under the California Political Reform Act and DISTRICT's Administrative Code, to file annual disclosure reports. CONSULTANT agrees to file such financial disclosure reports upon request by DISTRICT. Further, CONSULTANT shall file the annual summary of gifts required by Section 7105 of the DISTRICT’s Ethics Policy, attached hereto as Exhibit “A.” Failure to file financial disclosure reports upon request and failure to file the required gift summary are grounds for termination of this AGREEMENT. Any action by CONSULTANT that is inconsistent with DISTRICT’s Ethic’s Policy current at the time of the action is grounds for termination of this AGREEMENT. The Ethics Policy as of the date of this AGREEMENT is attached hereto as Exhibit “A.” Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 7 IX PERMITS AND LICENSES CONSULTANT shall procure and maintain all permits, licenses and other government- required certification necessary for the performance of its SERVICES, all at the sole cost of CONSULTANT. None of the items referenced in this section shall be reimbursable to CONSULTANT under the AGREEMENT. CONSULTANT shall comply with any and all applicable local, state, and federal regulations and statutes including Cal/OSHA requirements. X LABOR AND MATERIALS CONSULTANT shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and other items or services necessary for the successful completion of the SERVICES to be performed under this AGREEMENT. CONSULTANT shall give its full attention and supervision to the fulfillment of the provisions of this AGREEMENT by its employees and sub-consultant and shall be responsible for the timely performance of the SERVICES required by this AGREEMENT. All compensation for CONSULTANT’s SERVICES under this AGREEMENT shall be pursuant to Exhibit “B” to the AGREEMENT. Only those SERVICES, materials, administrative, overhead and travel expenses specifically listed in Exhibit “B” will be charged and paid. No other costs will be paid. CONSULTANT agrees not to invoice DISTRICT for any administrative expenses, overhead or travel time in connection with the SERVICES, unless agreed upon and listed in Exhibit “B”. XI CONFIDENTIALITY AND RESTRICTIONS ON DISCLOSURE A. Confidential Nature of Materials CONSULTANT understands that all documents, records, reports, data, or other materials (collectively “MATERIALS”) provided by DISTRICT and PARTICIPATING AGENCIES to CONSULTANT pursuant to the AGREEMENT, including but not limited to draft reports, final report(s) and all data, information, documents, graphic displays and other items that are not proprietary to CONSULTANT and that are utilized or produced by CONSULTANT pursuant to the AGREEMENT are to be considered confidential for all purposes. B. No Disclosure of Confidential Materials CONSULTANT shall be responsible for protecting the confidentiality and maintaining the security of DISTRICT MATERIALS and records in its possession. All MATERIALS shall be deemed confidential and shall remain the property of DISTRICT and PARTICIPATING AGENCIES. CONSULTANT understands the sensitive nature of the above and agrees that neither its officers, partners, employees, agents or sub-consultants will release, disseminate, or otherwise publish said reports or other such data, information, documents, graphic displays, or other materials except as provided herein or as authorized, in writing, by DISTRICT’s representative and the PARTICIPATING AGENCY’s representative. CONSULTANT agrees not to make use of such MATERIALS for any purpose not related to the performance of the SERVICES under the AGREEMENT. CONSULTANT shall not make written or oral disclosures thereof, other than as necessary for its performance of the SERVICES hereunder, without the prior written approval of DISTRICT and the PARTICIPATING AGENCY. Disclosure of confidential MATERIALS shall not be made to any individual, agency, or organization except as provided for in the AGREEMENT or as provided for by law. C. Protections to Ensure Control Over Materials All confidential MATERIALS saved or stored by CONSULTANT in an electronic form shall be protected by adequate security measures to ensure that such confidential MATERIALS are safe from theft, loss, destruction, erasure, alteration, and any unauthorized viewing, Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 8 duplication, or use. Such security measures shall include, but not be limited to, the use of current virus protection software, firewalls, data backup, passwords, and internet controls. The provisions of this section survive the termination or completion of the AGREEMENT. XII OWNERSHIP OF DOCUMENTS AND DISPLAYS All original written or recorded data, documents, graphic displays, reports or other MATERIALS which contain information relating to CONSULTANT’s performance hereunder and which are originated and prepared for DISTRICT and PARTICIPATING AGENCIES pursuant to the AGREEMENT are instruments of service and shall become the property of DISTRICT and PARTICIPATING AGENCIES upon completion or termination of the Project. CONSULTANT hereby assigns all of its right, title and interest therein to DISTRICT and PARTICIPATING AGENCIES, including but not limited to any copyright interest. In addition, DISTRICT and PARTICIPATING AGENCIES reserve the right to use, duplicate and disclose in whole, or in part, in any manner and for any purpose whatsoever all such data, documents, graphic displays, reports or other MATERIALS delivered to DISTRICT and PARTICIPATING AGENCIES pursuant to this AGREEMENT and to authorize others to do so. To the extent that CONSULTANT utilizes any of its property (including, without limitation, any hardware or software of CONSULTANT or any proprietary or confidential information of CONSULTANT or any trade secrets of CONSULTANT) in performing SERVICES hereunder, such property shall remain the property of CONSULTANT, and DISTRICT and PARTICIPATING AGENCIES shall acquire no right or interest in such property. CONSULTANT hereby assigns to DISTRICT, PARTICIPATING AGENCIES or its designee, for no additional consideration, all CONSULTANT’s intellectual property rights, including, but not limited to, copyrights, in all deliverables and other works prepared by the CONSULTANT under this agreement. CONSULTANT shall, and shall cause its employees and agents to, promptly sign and deliver any documents and take any actions that DISTRICT, PARTICIPATING AGENCIES, or its designee reasonably requests to establish and perfect the rights assigned to DISTRICT, PARTICIPATING AGENCIES or its designee under this provision. Reuse of documents by DISTRICT or others on extensions or modifications of this project or on other sites or use by others on this project, shall be at the user’s sole risk, without liability to CONSULTANT. XIII EQUAL OPPORTUNITY DISTRICT is committed to a policy of equal opportunity for all and to providing a work environment that is free of unlawful discrimination and harassment. In keeping with this commitment, DISTRICT maintains a policy prohibiting unlawful discrimination and harassment in any form based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy or childbirth, marital status, gender, sex, sexual orientation, veteran status or age by officials, employees and non-employees (vendors, contractors, etc.). This policy applies to all employees, consultants and contractors of the DISTRICT. Appropriate corrective action will be taken against all offenders, up to and including immediate discharge or termination of this AGREEMENT. During, and in conjunction with, the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. XIV INTEGRATION OF ALL OTHER AGREEMENTS Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 9 This AGREEMENT, including any Exhibits and Addenda, contains the entire understanding of the PARTIES, and there are no further or other agreements or understandings, written or oral, in effect between the PARTIES hereto relating to the subject matter hereof. Any prior understanding or agreement of the PARTIES shall not be binding unless expressly set forth herein and, except to the extent expressly provided for herein, no changes of this AGREEMENT may be made without the written consent of both PARTIES. XV ELECTRONIC SIGNATURES The Uniform Electronic Transactions Act, California Civil Code section 1633.1 et seq., authorizes PARTIES to conduct business electronically. In accordance with California Civil Code section 1633.5, PARTIES acknowledge, consent and agree that transactions subject to this AGREEMENT may be effectuated by electronic means through the use of electronic and/or digital signatures. For purposes of this section, an electronic signature means an electronic symbol or process logically associated with the intent to sign an electronic record pursuant to Civil Code section 1633(h). A digital signature, which is a type of electronic signature, means an electronic identifier, created by a computer, that is intended to have the same force and effect as the use of a manual signature under Government Code 16.5(d). An example of an electronic signature would be a JPG of a manual signature imposed onto this AGREEMENT, an example of a digital signature would be the use of DocuSign or similar provider that requires an encrypted key that certifies the authenticity of the signature. This consent to conduct transactions by electronic means through the use of electronic and/or digital signatures extends to the execution of this AGREEMENT or any related contract or other document necessary for the performance of this AGREEMENT including, without limitation, any related offers, proposals, bids, amendments, change orders, task orders and notices. XVI ATTORNEYS’ FEES In any action at law or in equity to enforce any of the provisions or rights under this AGREEMENT, the prevailing PARTY shall be entitled to recover from the unsuccessful PARTY all costs, expenses and reasonable attorney’s fees incurred therein by the prevailing PARTY (including, without limitations, such costs, expense and fees on any appeals), and if such prevailing PARTY shall recover judgment in any such action or proceeding, such costs, expenses, including those of expert witnesses and attorneys’ fees, shall be included as part of this judgment. XVII JURISDICTION AND VENUE SELECTION In all matters concerning the validity, interpretation, performance, or effect of this AGREEMENT, the laws of the State of California shall govern and be applicable. The PARTIES hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. XVIII. THIRD PARTIES The services to be performed by CONSULTANT are intended solely for the benefit of the DISTRICT and PARTICIPATING AGENCIES. No other person or entity shall be entitled to rely on CONSULTANT's performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of AGREEMENT or the performance of CONSULTANT's services hereunder. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 10 Internal Use Only: Program No. ____________________ Line Item: _______________________ Funding Year: ___________________ Contract Amt.: ___________________ Purchase Order # _________________ IN WITNESS WHEREOF, the PARTIES have hereunto affixed their names as of the day and year thereinafter, which shall be and is the effective date of this AGREEMENT. APPROVED BY:CONSULTANT ACCEPTANCE: Harvey F. De La Torre, General Manager Municipal Water District of Orange County 18700 Ward Street Fountain Valley, CA 92708 (714) 963-3058 __________________________ Inge Wiersema, PE, ENV SP Water Resources Practice Director, Senior Vice President Carollo Engineers, Inc. 707 Wilshire Boulevard, Suite 3920 Los Angeles, CA 90017 (213) 279-3320 Date ________________________Date ______________________ ___________________________ Date _______________________ Graham Juby, PhD, PEVice President Carollo Engineer, Inc. 3150 Bristol Street, Suite 500 Costa Mesa, CA 92626 (714) 593-5134 Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 8/6/2025 | 3:30 PM PDT 8/7/2025 | 5:22 AM PDT8/7/2025 | 7:52 AM PDT 55401.00000\43859268.1 11 EXHIBIT “A” ETHICS POLICY §7100-§7110 §7100 PURPOSE The policy of MWDOC is to maintain the highest standards of ethics from its Board members, officers and employees (all shall be referred to as employees for the purposes of this section). The proper operation of MWDOC requires decisions and policy to be made in the proper manner, that public office not be used for personal gain, and that all individuals associated with MWDOC remain impartial and responsible toward the public. Accordingly, all employees are expected to abide by the highest ethical standards and integrity when dealing on behalf of MWDOC with fellow Board members or employees, vendors, contractors, customers, and other members of the public. §7101 RESPONSIBILITIES OF BOARD MEMBERS Board members are obliged to uphold the Constitution of the United States and the Constitution of the State of California and shall comply with all applicable laws regulating Board member conduct, including conflicts of interest and financial disclosure laws. No Board member or officer shall grant any special consideration, treatment, or advantage to any person or group beyond that which is available to every other person or group in the same circumstances. §7102 PROPER USE OF MWDOC PROPERTY AND RESOURCES Except as specifically authorized, no employee shall use or remove or permit the use or removal of MWDOC property, including MWDOC vehicles, equipment, telephones, office supplies, and materials for personal convenience or profit. No employee shall require another MWDOC employee to perform services for the personal convenience or profit of another employee. Each employee must protect and properly use any MWDOC asset within his/her control, including information recorded on paper or in electronic form. Employees shall safeguard MWDOC property, equipment, monies, and assets against unauthorized use or removal, as well as from loss due to criminal act or breach of trust. Employees are responsible for maintaining written records, including expense reports, in sufficient detail to reflect accurately and completely all transactions and expenditures made on MWDOC’s behalf. Creating a document with misleading for false information is prohibited. Motion - 1/17/96; §7103 CONFLICT OF INTEREST All MWDOC Directors, officers, and employees at every level shall comply with the requirements of Section 1090 of the California Government Code which prohibits such persons from being financially interested in any contract made by them in their official Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 12 capacity, or by any body or board of which they are members, or from being a purchaser at any sale or a vendor at any purchase made by them in their official capacity. All Directors and employees designated under MWDOC’s Conflict of Interest Code ("designated employees") and employees required to report under Chapter 7, Article 2 of the Political Reform Act (Government Code Section 7300 et seq.) shall promptly and fully comply with all requirements thereof. MWDOC employees who are not designated employees under MWDOC’s Conflict of Interest Code shall refrain from participating in, making a recommendation, or otherwise attempting to influence MWDOC’s selection of a contractor, consultant, product, or source of supply if the non-designated employee, or an immediate family member, has a direct or indirect financial interest in the outcome of the selection process. No employee shall use his/her position with MWDOC in any manner for the purpose of obtaining personal favors, advantages or benefits for him/herself or an immediate family member from a person or entity doing business or seeking to do business with MWDOC. Such favors, advantages, or benefits would include, but are not limited to: 1) offers of employment; 2) free or discounted goods or services; or 3) gifts. §7104 GIFTS No employee shall accept, directly or indirectly, any compensation, reward or gift from any source except from MWDOC, for any action related to the conduct of MWDOC business, except as set forth below: 1. Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a breakfast, luncheon or dinner meeting or other meeting or on an inspection tour where the arrangements are consistent with the transaction of official business.* 2. Acceptance of transportation, lodging, meals or refreshments, in connection with attendance at widely attended gatherings sponsored by industrial, technical or professional organizations; or in connection with attendance at public ceremonies or similar activities financed by nongovernmental sources where the employee's participation on behalf of MWDOC is the result of an invitation addressed to him or her in his/her official capacity, and the transportation, lodging, meals or refreshment accepted is related to, and is in keeping with, his/her official participation.* 3. Acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, or other items of nominal value.* 4. Acceptance of plaques and commemorative mementoes, of nominal value, or of value only to the recipient, such as service pins, recognition awards, retirement mementoes. 5. Acceptance of incidental transportation from a private organization, provided it is furnished in connection with an employee's official duties and is of the type customarily provided by the private organization. * Nothing herein shall be deemed to relieve any Director or designated employee from reporting the value of such meals, transportation, lodging or gifts and abstaining from Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 13 participation in any decision of MWDOC which could foreseeably have a material financial effect on the donor when the value of such gifts reaches the limits set forth in MWDOC’s Conflict of Interest Code and the Political Reform Act. In no event shall any employee accept gifts from any single source, the cumulative value of which exceeds the applicable gift limit under California law. A gift or gratuity, the receipt of which is prohibited under this section, shall be returned to the donor. If return is not possible, the gift or gratuity shall be turned over to a public or charitable institution without being claimed as a charitable deduction and a report of such action, and the reasons why return was not feasible shall be made on MWDOC records. When possible, the donor also shall be informed of this action. Motion - 1/17/96; §7105 PERSONS OR COMPANIES REPORTING GIFTS All persons and companies doing business with MWDOC, with the exception of public agencies, shall submit a summary, by January 31 of each calendar year, of all gifts claimed for internal vendor audits (including meals) made to, or on behalf of, employees or Directors of MWDOC, or their immediate family members, that have occurred in the normal course of business during the previous calendar year. Failure to provide this information to MWDOC may result in the termination of MWDOC business with that person or company. Motion - 7/21/93; Motion - 8/18/93; §7106 USE OF CONFIDENTIAL INFORMATION Confidential information (i.e., information which is exempt from disclosure under the California Public Records Act) shall not be released to unauthorized persons unless the disclosure is approved by the Board, President of the Board, or General Manager. Employees are prohibited from using any confidential information for personal advantage or profit. §7107 POLITICAL ACTIVITIES During the course and scope of their employment employees are prohibited from engaging in campaign activities associated with MWDOC Director elections, MWDOC Director appointments, the appointment of MET Directors, or from attempting to influence changes to MWDOC Division boundaries, except where such activities are expressly required in the course of official duties. Employees are otherwise free to personally, endorse, advocate, contribute to, or otherwise support any political party, candidate, or cause they may choose; however, employees are prohibited from soliciting political funds or contributions at MWDOC facilities or during the course and scope of their duties for MWDOC. In any personal political activity an employee may be involved in, it shall be made clear that the employee is acting personally and not for MWDOC. These provisions are intended to protect employees against political assessments, coerced political activities, and to prevent political activities on the part of employees from interfering with MWDOC operations. Nothing in this section shall be Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 14 interpreted or applied in a manner to unlawfully curtail the constitutional right to political activity of MWDOC employees. Motion – 6/17/15 §7108 IMPROPER ACTIVITIES Employees shall not interfere with the proper performance of the official duties of others, but are strongly encouraged to fulfill their own moral obligations to the public, MWDOC, and its member agencies by disclosing, to the extent not expressly prohibited by law, improper activities within their knowledge. No employee shall directly or indirectly use or attempt to use the authority or influence of his/her position for the purpose of intimidating, threatening, coercing, commanding, or influencing any person with the intent of interfering with that person's duty to disclose improper activity. §7109 VIOLATION OF POLICY – STAFF AND STAFF OFFICERS If an employee is reported to have violated MWDOC’s Ethics Policy, the matter shall be referred to any of the following: (1) the General Manager; (2) Human Resources; (3) the Board of Directors; or (4) any member of the management staff, for investigation and consideration of any appropriate action warranted which may include employment action such as demotion, reduction in salary, or termination. If a Board appointed officer (Secretary, Treasurer or General Manager) is reported to have violated MWDOC’s Ethics Policy, the matter shall be referred to the Executive Committee for investigation and consideration of any appropriate action. The Executive Committee may make a determination and present the issue to the full Board. Motion - 1/17/96; 6/17/15 §7110 VIOLATION OF POLICY -- DIRECTORS A perceived violation of this policy by a Director should be referred to the President of the Board or the full Board of Directors for investigation, and consideration of any appropriate action warranted. A violation of this policy may be addressed by the use of such remedies as are available by law to MWDOC, including, but not limited to: (a) adoption of a resolution expressing disapproval of the conduct of the Director who has violated this policy, (b) injunctive relief, or (c) referral of the violation to MWDOC Legal Counsel and/or the Grand Jury. §7111 PERIODIC REVIEW OF ETHICS, CONFLICT OF INTEREST AND ADMINISTRATIVE GUIDELINES Pursuant to the terms of Government Code Sections 53234 through 53235.2, each Director shall receive at least two hours of training in general ethics principles every two years. Pursuant to Government Code Section 53235(c), the curricula for ethics training must be approved by the Fair Political Practices Commission (FPPC) and the Attorney General. It is the general desire of the MWDOC Board to meet and review and/or receive a presentation that addresses principles relating to reporting guidelines on compensation, conflict of interest issues, and standards for rules of conduct during the first quarter of the year immediately following an election (every two years). Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 15 Each Director shall retain the certificate of completion from any ethics course in which he/she participates and shall provide a copy of such report to MWDOC. Such records shall be retained for five years from the date they are received. M-12/21/05 Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 55401.00000\43859268.1 16 Please note If using Consultant’s proposal as Exhibit “B” please attach the proposal or complete the standard Exhibit “B” Form below, BOTH Parties must verify that all sections of this form are FULLY ADDRESSED and the appropriate Exhibit is attached and labeled accordingly EXHIBIT "B" SCOPE OF WORK, TERMS OF AGREEMENT AND TERMS AND CONDITIONS FOR BILLING Carollo Engineers, Inc. Inge Wiersema, PE, ENV SP 707 Wilshire Blvd., Suite 3920 (213) 279-3320 Tax I.D. 86-0899222 1.Term – Commencement August 4, 2025, Termination September 30, 2026 2.Fees/Rates to be billed – See Exhibit B-2 Cost Summary for Development of 2025 Urban Water Management Plans for base price (lump sum) and optional tasks/ contingency tasks fees prepared based on Fee Schedule per page 20-22 of Exhibit B-1.. 3.Budgeted Amount – See Exhibit B-2; Note: Budgeted amount is based on the “Base Price” and the optional tasks on which the participating agency provides written approval. CONSULTANT fees shall be billed by the 25th day of the month for the previous month’s activities. Invoices received by the 25th day of the month will be paid by DISTRICT by the end of the following month. Invoices shall reference the Purchase Order number from DISTRICT. Consultant shall prepare a breakdown of the percent complete by task by Participating Agency to submit with each monthly invoice. Upon invoicing DISTRICT 80% of the contract amount, CONSULTANT shall prepare and provide to DISTRICT a “cost to complete” estimate for the remaining work. 4.Scope of Work/Services – Preparation of the 2025 Urban Water Management Plans for MWDOC and Participating Agencies as outlined in the attached Exhibit B-1. 5.Consultant Representative: Inge Wiersema, PE, ENV SP, Water Resources Practice Director, Senior Vice President Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Exhibit B-1 Scope of Work Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 10CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESC. Project Approach and Scope of Work Project Understanding We understand that the goal of this project is to prepare the 2025 UWMPs for MWDOC and the Participating Agencies. Based on discussions with MWDOC staff, we anticipate that this project will likely involve around twenty individual UWMPs that all must be completed and submitted to the California DWR by the submittal deadline of July 1, 2026. The 2025 UWMP must meet all the requirements of the Final 2025 UWMP Guidebook, which will be published by DWR no later than July 1, 2025. Although the final guidebook is not available yet, our team has a good understanding of the upcoming changes through our involvement in the guidebook development process and access to the interim tables released for review. As shown on the graphic below, there are several key changes that either increase (shown in orange) or decrease (shown in green) the level of effort for the 2025 UWMPs compared to the 2020 UWMP cycle. CHAPTER 4 Decreased Table 4-1: Wholesale: Total Uses for Potable and Non-Potable Water - Actual and Table 4-2 Wholesale: Uses for Potable and Non-Potable Water - Projected are now optional. Increased Table 4-4 Retail: Passive Water Savings Projection is a new optional table to document projected water savings from adopted codes over the next 25 years, in five-year increments. Decreased Table 4-4: Last Five Years of Water Loss Audit Reporting, optional for Wholesale and mandatory for Retail in 2020 have been removed. Increased Table 4-5: Water Loss Auditing (optional for Wholesale and mandatory for Retail) is now added to document whether a water loss audit for each of the past 5 years for each public water system served by the agency was submitted to DWR. Increased Table 4-6 Retail: Progress Towards 2028 Water Loss Performance Standard is a new table to report on whether a retail agency has met the new distribution system loss performance standard enacted by the California State Water Resources Control Board. Table of Contents EXECUTIVE SUMMARY ..........................................................................1 CHAPTER 1: INTRODUCTION AND UWMP OVERVIEW ...............................................................................1-1 CHAPTER 2: UWMP PREPARATION...................................................2-1 CHAPTER 3: SYSTEM DESCRIPTION ................................................3-1 CHAPTER 4: WATER USE CHARACTERIZATION .............................4-1 CHAPTER 5: CONSERVATION TARGET COMPLIANCE .........................................................................5-1 CHAPTER 6: WATER SUPPLY CHARACTERIZATION.......................6-1 CHAPTER 7: WATER SERVICE RELIABILITY AND DROUGHT RISK ASSESSMENT .................................................7-1 CHAPTER 8: WATER SHORTAGE CONTINGENCY PLANNING .................................................................8-1 CHAPTER 9: DEMAND MANAGEMENT MEASURES .......................9-1 CHAPTER 10: PLAN ADOPTION, SUBMITTAL, AND IMPLEMENTATION .............................................10-1 REFERENCES ........................................................................................11-1 2025 URBAN WATER MANAGEMENT PLAN CHAPTER 5 Decreased Table 5-1: Baseline and Targets Summary From SB X 7-7 Verification Form and 2020 Table 5-2: 2020 Compliance From SB X 7-7 2020 Compliance Form from 2020 have been removed and a new Table 5-1 Retail: SB X7-7 2020 Target Progress table is included to report the progress in meeting the urban water use target from 2020. CHAPTER 6 Decreased Table 6-1: Wholesale: Groundwater Volume Pumped has now been made mandatory. CHAPTER 7 Decreased Table 7-1: Basis of Water Year Data (Reliability Assessment) is now optional for both Retail and Wholesale. Increased Table 7-2: Normal Year Supply and Use Comparison, Table 7-3: Single Dry Year Supply and Demand Comparison, Table 7-4: Five Consecutive Dry Years Supply and Demand Comparison and Table 7-5: Five-Year Drought Risk Assessment for both Retail and Wholesale have now an optional section to provide WSCP supply augmentation benefit, WSCP water use reduction savings and revised surplus/shortfall over the next 20 years, in five-year increments. CHAPTER 8 Decreased Table 8-1: Cross-reference for Standard vs Supplier Shortage Levels is now a modified table with no entry for describing the shortage response actions and new columns to list the supplier's own shortage levels (if these differ from the standard shortage levels) and corresponding percent shortage ranges. TOP 10 Changes anticipated in the 2025 UWMP Guidebook Based on a detailed side-by-side comparison, we have identified 30 changes between the 2020 and 2025 UWMP tables. The UWMP Table of Contents below calls out the top 10 changes that either increase or decrease the anticipated level of effort. Potential triggers that would warrant a WSCP update include: ☑Changes in water supplies. For example, water shortage contingency tiers may need to be modified for agencies that had stopped using groundwater in anticipation of the PFAS regulation, but have brought their groundwater wells back online since the publication of the 2020 UWMP. ☑Changes in Metropolitan Water District of Southern California's (MET's) shortage triggers. ☑Updates to an agency’s Hazard Mitigation Plan or Climate Action Plans to ensure consistency and avoid conflict in drought and other system vulnerability response actions. ☑Updates to an agency’s Communication Protocols following the drought in 2021/22 and recent wildfires. Based on these draft tables released by DWR, we believe that the top three changes are: 1.Chapter 8: The Water Supply Shortage Levels are now standardized to 6 levels and do not require details on response actions anymore. The currently adopted versions of the WSCPs are now considered acceptable. However, if MWDOC or any of the PAs wants to make any changes, then an update and recertification process will be needed (refer to potential triggers at right). 2.Chapter 4: The projection of Passive Water Conservation Savings is a new optional table that could require some extensive analysis to estimate water savings from already adopted and/or anticipated changes to plumbing codes and regulations. 3.Chapter 4: Progress towards the 2028 Water Loss Performance Standard is a new table to report on whether a retail agency has met the new distribution system loss performance standard enacted by the California State Water Resources Control Board. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 11CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESCarollo is currently working on the 2025 UWMP for the City of San Diego. With the first draft of the UWMP planned for the end of May 2025, we have built off the comprehensive 2020 UWMP (prepared by CDM Smith) and developed the plan in accordance with the 2020 Guidebook, while tracking/flagging potential changes identified through our connections with parties involved in the 2025 Guidebook development. In parallel, we have compiled, reviewed, and organized the City’s data and information sources such that when the 2025 Guidebook is released, we will be able to quickly generate the Draft UWMP by linking our spreadsheet information to new table formats and word chapters (see page 14). The remaining gaps will the directly inform the additional information needs to meet all 2025 Guidebook requirements. San Diego 2025 UWMPBased on our experience from previous guidebook updates since our involvement in the 2005 UWMP cycle, and our ongoing work on the 2025 UWMP for San Diego, our team has concluded that the changes for the 2025 UWMP cycle are much less substantive than in previous cycles. As a result, we understand most of the work effort will involve updating information and tables, rather than new types of analysis or major narrative overhauls like in 2020. Due to the large number of UWMPs that need to be prepared in parallel within the 11-month project duration per the timeline in the RFP, we understand that a key challenge of this project is centered around organization. It will be critical to streamline data gathering, coordination with member agencies, and the preparation and reviews of the deliverables. To meet this challenge, MWDOC needs an experienced team that has gone down this road before. Our team brings this specific experience through Shivani Shrotriya, who worked with Sarina Sriboonlue for MWDOC while at Arcadis in the preparation of 22 UWMPs during the 2020 UWMP cycle. Lastly, we also understand that the key objective of most of your participating member agencies is to “check the box” and get this regulatory requirement completed and be eligible for state funding programs. It is our job as the consulting team to deliver these 2025 UWMPs with minimal effort from your member agencies, while getting all the tables and information accurately updated that meet the 2025 UWMP Guidebook requirements and extend the planning horizon to 2050 such that these Plans can also be used for future Water Supply Assessment until the 2030 UWMP cycle. Our Tailored Approach to Project Success We have developed a tailored project approach that meets the critical success factors of this project, namely: 1 Efficient and On-Time Project Delivery 2 Streamlined Data Management and Organization 3 Sound Quality Control that Promotes Smooth DWR Approval Each of these approach elements are described in more detail on the following three pages. Our ongoing work on the San Diego 2025 UWMP has resulted in proactive and efficient methods to quickly incorporate anticipated guidebook changes once released. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 12CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESProject Approach PILOT PHASE PRODUCTIONPHASE DELIVERY PHASEMWDOC, OCWD & PAs Data2020 UWMPs Prepopulated DWR Tables (20x)Virtual Meetings withPilot Agency2025 UWMPTemplate (1x)Refine Common Text by PA Group Draft 2025 UWMPCarollo Review With DWR Checklist MWDOC & PA Reviews NotificationsPublic ReviewFinal Draft2025 UWMPS Final 2025 UWMPS Adoption &DWR Submittals Virtual 1:1Meetings (20x)2025 UWMP Templates (20x)Internal Draft 2025 UWMPs 20MWDOC0525pf6-UploadFlow2.ai Chapter Chapter Leads 1 - Introduction Mayra Lara 2 - UWMP Preparation Mayra Lara 3 - System Description Becky Gates 4 - Water Use Characterization Nicola Fontaine 5 - Conservation Targets Tess Kretschmann 6 - Water Supply Characterizations Brian Shepard 7 - Water Service Reliability and Drought Risk Assessments Andria Loutsch 8 - Water Shortage Contingency Planning Bill Fernandez 9 - Demand Management Measures Nicki Powell 10 - Plan Adoption Mayra Lara Our proven delivery process with a pilot phase and dedicated chapter leads will result in on-time project delivery of 20+ UWMPs by DWR's deadline. 1 Efficient and On-Time Project Delivery Leveraging the knowledge and experience from our proposed project engineer, Shivani Shrotriya, who worked on the successful delivery of your 2020 UWMPs, we prepared the flowchart shown below to visually display the steps we envision for the efficient preparation of likely more than 20 2025 UWMPs. The 2025 UWMP development process will first be piloted with one PA. Although the pilot approach takes time in a tight schedule, we have accounted for this in our overall schedule (see page 18). We advise taking this more cautious approach, so we can repeat and accelerate the project delivery process for the remaining UWMPs with confidence. In this way we Plan the Work so we can then Work the Plan. This pilot could be completed with the City of Buena Park like in 2020, or another agency may be selected by MWDOC as desired. To take full advantage of the piloting phase, it will be important to use an agency that uses both groundwater and imported water such that the common narrative updates for these water supplies can be used for all UWMPs that need to describe these same water supply sources. For example, the impact of new PFAS regulations and changes in water reuse with the Groundwater Replenishment System Phase 3 expansion in 2023 will need to be incorporated consistently for all respective member agencies. Upon completion of the pilot phase, the delivery process will be refined as needed before being replicated for the 2025 UWMPs of MWDOC and all PAs simultaneously. The three key takeaways of our efficient project delivery process shown in the flowchart below are: 1.Prepopulated UWMP Tables: Before we meet with any of the member agencies, we will combine the information from the 2020 UWMPs, water supply and demand information from MWDOC and online sources. This will allow us to make tailored data requests for each Participating Agency, reducing their data gathering time and effort as much as possible. The tables will be reviewed in the 1:1 meetings and updated information will be directly linked to tables in the 2025 UWMP documents (see sidebar on page 14). 2.Dedicated Chapter Leads: As shown in the flowchart, we have dedicated chapter leads (dedicated UWMP leads) assigned who will work in assembly line style to produce their respective chapters for the 20-ish UWMPs. Only chapters 1, 2, and 10 are combined because of the limited content and preparation timeline. Through repetition, this enhances efficiency and promotes consistency for all common narrative content. 3.Early DWR Checklist Review: Each of our three technical advisors has a clear responsibility (UWMP, WSCP, and DWR reviews). We will conduct the DWR Checklist review prior to the Draft UWMP delivery to verify completeness. This avoids surprises, the need for additional meetings, and potential delays. Our UWMP delivery process with a pilot phase and dedicated chapter leads is a proven process that will result in on-time project delivery. *PA = Participating Agency; *Refer to Schedule (pg 18) for identification of Groups * Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 13CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESCarollo will host and manage all the data and documents in an organized manner, such that MWDOC and the participating agencies only have to focus on providing raw data and conducting reviews. It is our job to make it easy for you! 20MWDOC0525P-Fig1 200+ PROJECTS 96% OF THE MWDOC MEMBER AGENCIESIN THE LAST10 YEARS 2 Streamlined Data Management and Organization Despite the anticipated relatively minor changes in the 2025 UWMP Guidebook compared to the changes between 2015 and 2020, the preparation of likely more than 20 UWMPs in 11 months with multiple revisions in each remains a big undertaking. This is especially true when it comes to data and document management. In addition to the volume of files, the security of the information must be considered. It is therefore critical to apply the principal “Plan the Work, Work the Plan”. The Carollo team is familiar with nearly all players in MWDOC’s service area having collectively delivered more than 200 projects for the PAs in just the last decade. We will leverage our institutional knowledge and relationships in the 2025 UWMP updates. The three key elements and benefits of how the Carollo team will streamline data management and organization are as follows: 1.Secure SharePoint Site: Carollo will set up and host a project SharePoint Site to manage all project files from start to finish. At the end of the project, files can be transferred back in a single zip file to MWDOC and the respective agencies, as desired. As depicted in the graphic below, we propose using dedicated locked channels for MWDOC and each of the participating member agencies. These channels can be used to securely upload and download files by approved members. Public and non-sensitive information will be stored in an open shared folder to avoid unnecessary duplication of data. For example, the 2025 UWMP Guidebook and Water Use Efficiency reports can be saved in the shared folder for easy reference. 2.Consistent Folder Structures: We will work with MWDOC’s project manager at the start of the project to review and refine our draft proposed folder structure that will be used for all UWMPs. This makes it easy for all team members to quickly find the right files for any member agency, which enhances efficiency and allows support staff to quickly ramp up during peak production periods. 3.File Naming Protocol: A document naming protocol will be launched at the kickoff meeting so that all data, spreadsheets, chapters, UWMP versions, and comment logs are kept in the correct folders and with the correct file name extensions. This avoids version control issues and potential duplicate work. Last, but not least, we understand that it is the consultant’s role to make the data gathering and 2025 UWMP preparation as easy as possible. As members of our team have not only worked on the 2020 UWMPs but also completed 200+ projects for all but one of your member agencies, we bring exceptionally strong relationships in your entire service area. Our personal and working relationships will help with data gathering and result in efficient project delivery. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 14CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIES3 Sound Quality Control that Promotes Smooth DWR Approval Quality control is clearly important on any project we deliver. The unique project elements that make a robust and well-thought-out quality control and quality assurance (QAQC) process extra critical for this project are: ƒThe accelerated timeline of 11 months; ƒA regulatory deadline that is truly fixed; and ƒThe simultaneous preparation of 20-ish plans that all roughly follow the same timeline, creating “waves” of deliverables and subsequent reviews. To address the challenge of the “waves” of internal reviews, we plan to take a 2-pronged approach: 1.Staggered UWMP Delivery Schedule. We have separated the anticipated participating member agencies into four (4) groups based on their respective supply mix complexity. The delivery of the Draft, Final Draft, and Final UWMPs in each group are staggered by 1 week to phase both production and reviews. In addition, this allows more time to complete the more complicated plans and accelerates the UWMP of member agencies with fewer supplies and less complexity. The group allocations are consistent with Attachment A of the RFP and are shown on the project schedule on page 18. 2.Dedicated Technical Advisory Roles: As shown in our organization chart on page 2 we have included three technical advisors on our team. The advisors are not involved in the day-to-day project activities or meetings to maintain a truly independent review perspective. Each advisor has a unique and clearly defined responsibility as follows: Dan Rodrigo: Conduct detailed review of narrative, numbers, and calculations of all Draft and Final Draft, and Final UWMPs. Assure consistency with MWDOC’s Water Reliability Study. Michelle Maddaus: Conduct detailed review of narrative, numbers, and calculations of all Draft and Final Draft, and Final WSCPs. Jessica Fritsche: Conduct comprehensive review of the Final Draft and Final UWMPs and WSCPs from the DWR perspective, using the DWR checklist. In addition, we plan to employ available document processing tools by setting up all the 2025 UWMP word documents such that the tables in the MS Word files are automatically linked to the corresponding master MS Excel workbook. As the UWMP tables are the core of these plans, we will be using the MS Excel workbooks as the master data repository from start to finish. We can then change numbers in excel when we get new information from a report or during the 1:1 meetings with the member agencies, and that automatically updates the corresponding report tables. Similarly, we will link common text narratives in a master word document (e.g. about the project Basin Pumping Percentage with the Final GWRS Expansion) to the word documents of the applicable member agencies. The automatic updates via linked tables and common text improves efficiency, accuracy, and consistency between the various UWMPs. Smart Links Improve Efficiency, Accuracy, and Consistency DWR Tables UWMP Chapters and TablesLinke d T a b l e s 20MWDOC0525pf-1-eciency and accuracy.ai Common Text Commo n T e xt Automatic updates via linked tables and common text improves efficiency, accuracy, and consistency. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 15CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESScope of Work Task 1: Project Management This task includes effort to communicate and coordinate with MWDOC and all the Participating Agencies on project issues and project status, maintain the project schedule, and complete monthly invoices and progress reports. Our quality control measures will be conducted under this task as well. Task 1A - Meetings We have scoped the following meetings: ƒOne 1-hour kickoff meeting with MWDOC. ƒOne 1-hour kickoff meeting with all Participating Agencies (PA). ƒOne 1:1 meeting with each individual PAs for UWMP. ƒ30-minute biweekly check-in meetings with MWDOC’s PM. ƒ30-minute biweekly consultant team check-in meetings. Task 1B - Invoicing and Progress Reporting This task includes invoicing and creating monthly progress reports to describe accomplishments for the month and activities planned for the next month. Invoices will include a budget tracker table that provides budget spent, budget remaining, and percent complete by PA and for the overall project. Task 1C – Quality Control Carollo will follow a rigorous quality control process. Before the project begins, the project manager will prepare a project checklist. The checklist outlines key project steps and guides the team on quality management requirements. The checklist helps confirm that the project follows our quality management procedures. As a minimum, quality management milestones are: ƒWork Plan. A work plan will be developed to establish the work sequence effort, when work needs to occur within the project schedule, meeting times, discussion topics at the meetings, key decisions that need to be made, and the project deliverables. ƒProject Management Plan (PMP). The PMP will include lines of communication, schedule, scope, budget, staffing plan, and special requirements. The project management plan will be distributed to the entire project team and include quality review assignments by person, deliverable, and review period dates based on the kickoff meeting schedule. ƒIndependent Final Checks. Senior technical advisors, who are not involved in the project activities or meetings, will conduct independent technical review of the final draft and final deliverables using Carollo’s “redlining” checking procedures as well as DWRs formal UWMP Checklist. Task 1D - Data Management and Organization Carollo will a setup secure SharePoint site with a logical folder structure to facilitate easy data sharing and deliverables reviews throughout the project. This will include secure folders for MWDOC and each PA, as well as an open shared folder. All raw data, UWMP spreadsheets, meeting materials, and UWMP document files will be stored in their respective folders. Key Assumptions ƒAll meetings will be virtual. ƒ11-month project duration (8/1/2025 – 7/1/2026). ƒUp to 20 bi-weekly check-in calls with MWDOC, considering holidays and review times. ƒMWDOC will provide a contact list of all team members from MWDOC and the PAs that need access to the SharePoint Site. Key Deliverables ƒMeeting agenda, PowerPoint presentation, and notes for both kickoff meetings (2x). ƒMeeting agenda and summary of action items for each 1:1 meeting with the PAs. ƒMonthly invoice, budget tracker, and progress report (11). ƒMaster Action and Decision Item log with ongoing updates. Task 2: Data Collection and Information Review Carollo will make use of the 2020 UWMPs, where possible. Carollo will access the 2020 UWMPs and previous water loss audits and Urban Water Use Objective Reports from the DWR’s Water Use Efficiency (WUE) Data Portal website. Carollo will also request the following documents from MWDOC for review: ƒMetropolitan’s 2025 UWMP draft. ƒ2025 Orange County Water Agencies Demand Forecast by agency. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 16CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESƒ2025 Orange County Water Agencies Demand Forecast Technical Memorandum. ƒMWDOC’s 2022 The Economic Impacts of Water Shortages on Orange County Report. ƒ2025 Orange County Water and Wastewater Multi- Jurisdictional Local Hazard Mitigation Plan (MJHMP) with each PA’s annex. ƒMWDOC’s water use efficiency programs information, including activities related to Making Conservation a California Way of Life framework and Urban Water Use Objective compliance approaches. ƒMWDOC’s water loss control programs information, including leak detection activities summaries for each PA that participates in this program. Key Assumptions ƒMWDOC will provide the following files in native format for both MWDOC and all PAs: »2020 UWMP report files in MS Word. »2020 UWMP tables in MS Excel. »2020 WSCP report files in Word. »2020 WSCP tables in MS Excel (if optional updates are requested). »2025 UWMP demand forecasts in MS Excel (prepared by Hazen and Sawyer). ƒNative 2020 UWMP and WSCP files will be provided within 1 month of the NTP. ƒCarollo will access relevant Orange County Water District (OCWD) documents available through the OCWD website. For any documents and information not available on the OCWD website, Carollo will include those in the data request to MWDOC ƒCarollo will request additional PA-specific documents e.g., Water Master Plans, Recycled Water Master Plans, Hazard Mitigation Plans, etc. from the PAs to support the preparation of the 2025 UWMPs. Key Deliverables ƒPrioritized Data Request matrix in Excel with updates. Task 3: Draft and Final Draft 2025 UWMP Carollo will write and format all sections of the 2025 UWMPs in accordance with the CWC requirements following the guidance from DWR’s 2025 UWMP Guidebook once released. This includes preparation of the reports that will allow easy uploading to DWR in the required electronic format. Carollo will respond/revise the 2025 UWMP in case DWR considers the submittal to be non-compliant with the Guidebook requirements and Carollo was provided with the necessary information to meet the Guidebook requirements. Carollo will address the comments to the satisfaction of the PA and DWR within 3 months of receiving comments from DWR. Task 3A – Draft UWMP ƒCarollo will prepare the Draft 2025 UWMP including all necessary appendices and DWR tables for MWDOC and each PA and relevant agencies for review and comment. ƒCarollo will complete the DWR UWMP Preparation Checklist for MWDOC and each PA. ƒCarollo will submit the Draft UWMP in native format (MS Word) via posting on the project SharePoint Site. Task 3B – Final Draft UWMP ƒCarollo will address all the comments received on Draft 2025 UWMP, appendices and DWR tables to prepare the Final Draft 2025 UWMP. ƒCarollo will submit two versions of the Final Draft UWMP in native MS Word format (one with track changes and one clean copy with all changes accepted). ƒCarollo will create a consolidated PDF document of the Final Draft UWMP and corresponding attachments for public comment. Key Assumptions ƒComments on the Draft and Final Draft UWMPs will be provided within 15 working days. ƒMWDOC and each PA will provide consolidated comments in one single document using track changes in the native Word files. ƒAll deliverables will be submitted in electronic format only via posting on the project SharePoint Site. ƒComments from DWR will be addressed outside the 11-month project window. Key Deliverables ƒDraft 2025 UWMP. ƒFinal Draft 2025 UWMPs. Task 4: Final 2025 UWMP As part of this task, Carollo will incorporate public comments received during the public hearing process, and as approved and instructed by the respective PA. Carollo then will prepare the Final 2025 UWMP for MWDOC and all PAs with the inclusion of Adoption Notices. A consolidated PDF of the Final UWMP will all appendices, along with the native files will be uploaded to the SharePoint Site such that MWDOC and PAs can complete submittal to DWR. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 17CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESKey Assumptions ƒMWDOC and all PAs will each coordinate their Public Hearings and subsequently gather and consolidate any public comments received. ƒCarollo will receive one consolidated electronic copy of all public comments that must be incorporated within 2 weeks of the public hearing and no later than June 1, 2026. Key Deliverables ƒFinal 2025 UWMPs. Optional Services MWDOC and PAs may opt to have any of the following services in addition to those described under Tasks 1 through 4. Optional Task 1: In-Person Individual Meetings Carollo will schedule and attend individual in-person meetings with MWDOC and/or PAs. It is assumed that these meetings would not exceed 1 hour in duration. The fee estimate for this task represents one (1) extra meeting. MWDOC and/or PA(s) may elect to add multiple additional in-person meetings. Optional Task 2: Additional Virtual 1:1 Meetings Carollo will attend one extra virtual 1:1 meeting of up to 1 hour with MWDOC and/or PAs. It is assumed that these meetings would take place during the preparation of the Final Draft UWMPs. The fee estimate for this task represents one (1) extra virtual meeting. MWDOC and/or PA(s) may elect to add multiple additional virtual meetings. Optional Task 3A: Additional Coordination (Option A) This task can be utilized to accommodate some additional coordination effort required for agencies that have complicated arrangements, limited staff, and/or competing interests. For budgeting purposes, this effort is limited to approximately 10 extra labor hours and up to $2,500 per Plan. Optional Task 3B: Additional Coordination (Option B) This task can be utilized to accommodate more extensive additional coordination effort required for agencies that have complicated arrangements, limited staff, and/or competing interests. For budgeting purposes, this effort is limited to approximately 20 extra labor hours and up to $5,000 per Plan. Optional Task 4A: Ripple Effects (Option A) This task would provide additional budget to process minor changes that might arise from Metropolitan or other new/changed data sources after completion of the Draft UWMP that would require changes that ripple through multiple tables and/or chapters. For budgeting purposes, this effort is limited to approximately 10 hours and $2,500 per Plan. Optional Task 4B: Ripple Effects (Option B) This task would provide additional budget to process more extensive changes that might arise from Metropolitan or other new/changed data sources after completion of the Draft UWMP that would require changes that ripple through multiple tables and/or chapters. For budgeting purposes, this effort is limited to approximately 20 hours. Optional Task 5A: Water Shortage Contingency Plan Revision (Option A) This task can be utilized by PAs who decide to republish their 2020 WSCP by modifying the shortage levels and associated actions, consistent with Chapter 8 of the 2025 UWMP. This task does not include any WSCP modifications triggered by changes in water supplies, MET’s shortage triggers, Hazard Mitigation Plans, Climate Action Plans, and/ or Communication Plans. The 1:1 meeting with the PA included in Task 1 will be used to discuss the changes in shortage levels and actions with the PA. Optional Task O1 or O2 can be utilized if additional meetings with the PA are warranted to complete this optional task. Optional Task 5B: Water Shortage Contingency Plan Revision (Option B) This task can be utilized by PAs who decide to only make moderate updates to their 2020 WSCP by modifying the shortage levels and associated actions, consistent with Chapter 8 of the 2025 UWMP. In addition, changes in Hazard Mitigation Plans, Climate Action Plans, and/or Communication Plans will be incorporated in the updated WSCP. Up to one (1) additional virtual 1:1 meetings of up to 1 hour will be held to discuss the content change with the PA. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. PROJECT APPROACH AND SCOPE OF WORK 18CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\C-ProjectApproach-0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESOptional Task 5C: Water Shortage Contingency Plan Revision (Option C) This task can be utilized by PAs who decide to make significant updates to their 2020 WSCP to incorporate changes in water supplies, MET’s shortage triggers, Hazard Mitigation Plans, Climate Action Plans, and/ or Communication Plans. As part of this task, the Carollo team will revise the 2020 WSCP and revisit the 6 shortage levels or other requirements as defined in the draft guidebook tables and consistent with Chapter 8 of the 2025 UWMP. Up to two (2) additional virtual 1:1 meetings of up to 1 hour will be held to discuss the content change with the PA. Optional Task 6: Adoption Process Support For PAs who elect this optional task, Carollo will coordinate and prepare up to five (5) notifications for the circulation of the Final Draft UWMP that can be circulated to the public, cities, and county. In addition, Carollo will prepare the resolution for 2025 UWMP Adoption. Optional Task 7A: Management/Board/ Public Hearing Presentation Template Carollo will prepare a PowerPoint presentation template that can easily be populated with content from the Final Draft 2025 UWMP by MWDOC or PA to conduct a 10-minute/10-15 slide presentation to their Executive Management, Board of Directors, or General Public. Only one (1) template will be prepared that can by used by all agencies with clear placeholders on where to change the agency name, logo, and which tables/ charts/content to replace on each slide. Optional Task 7B: Management/Board/ Public Hearing Presentation Carollo will utilize the template prepared as part of Optional Task 7A to prepare a 10-minute PowerPoint presentation that summarizes the 2025 UWMP and that can be used by MWDOC or PA to present the report to their Executive Management, Board of Directors, or General Public. As desired, Carollo will either present at, or only attend, one Management/Board/Public Hearing meeting as part of Optional Task 08. Optional Task 8: Public Hearing Meeting As part of this task, Carollo would attend the 2025 UWMP Public Hearing to provide backup and answer any questions at the end of the public hearing process at the meeting where the 2025 UWMP is on the agenda for adoption. The fee estimate for this task represents one (1) public hearing. Optional Task 9: DWR Submittal Carollo will submit the 2025 UWMP data to the DWR WUE Portal online. Optional Task 10A: 2025 UWMP 5 Hard Copies Carollo will print and deliver up to 5 hard copies of the 2025 UWMP with appendices. Optional Task 10B: 2025 UWMP 10 Hard Copies Carollo will print and deliver up to 10 hard copies of the 2025 UWMP with appendices. Optional Task 11A: Incorporate Climate Impacts (Option A) Carollo will review how climate change impacts were considered in the 2025 UWMP demand forecast developed by another consultant and make recommendations for potentially more/less conservative demand forecasting adjustments for normal, dry, and/or wet years using AWWA’s guidebook “Incorporating Climate Change Impacts into Demand Forecasting" (AWWA, 2025). It is assumed that this optional task would be elected by MWDOC and/or PA(s) at the project kickoff to avoid ripple effects. The 1:1 meeting included in Task 1 would be used to discuss and decide on potential modifications of the demand forecast numbers provided at the start of the project. Optional Task 11B: Incorporate Climate Impacts (Option B) Carollo will incorporate climate change impacts in the supply availability consistent with the assumptions and findings of MWDOC's Water Reliability Study, specifically as it pertains to projected imported water availability under single dry and multiple dry year conditions. The 1:1 meeting included in Task 1 would be used to discuss and decide on potential modifications of the demand forecast numbers provided at the start of the project. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B C. RECORD OF PERFORMANCE 19CAROLLO / PROPOSAL / MAY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\D-Schedule MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESD. Project Schedule Project Schedule Meeting the aggressive project schedule of 11 months is one of the key project challenges. Our team has completed many complex planning efforts with multi-agency coordination of similar and larger scope/scale successfully under tight schedules. With the specialty expertise and availability of our team, we are committed to completing the final 2025 UWMPs by June 12, 2026 such that there ample time for submittal to DWR by the deadline of July 1, 2026. The proposed project schedule is based on our project understanding and a contract award by August 1, 2025 as noted in the RFP. The work effort to be completed by the Carollo team is shown in blue bars, while the MWDOC and participating agencies (PAs) reviews are shown in orange. All key deliverables are shown with white (draft) and dark blue (final) dots. The project schedule aligns with the work plan, our approach, and meets the timeline listed in the RFP. This schedule is based on the following key assumptions: ƒThe project kick-off meeting with MWDOC is held in the week of August 8, 2025. ƒThe project kick-off meeting with the PAs is held in the week of September 5. ƒThe virtual bi-weekly PM meetings with MWDOC will be held starting in the week of August 22, 2025 through the week of June 19, 2026. ƒThe one-on-one meetings with the PAs will be completed within a 3-week period, with 1-hour time slots per PA. ƒMWDOC and PA staff will review all deliverables within 2 weeks. ƒAll project meetings will be scheduled at the start of the project and take place virtually using MS Teams (or similar), unless in-person meetings are requested by MWDOC and PAs as part of the optional tasks. Task Name 2025 2026 August September October November December January February March April May June July 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 1 6 11 16 1 Project Management 1A Kicko and PA meetings PM Check-in Calls with MWDOC 1B Invoicing and Progress Reporting 1C Quality Control Project Management Plan 1D Data Management and Organization 2 Data Collection and Information Review Data from MWDOC/OCWD Data from PAs 3 Draft and Final Draft UWMP 3A Draft UWMP MWDOC Group 1 Agencies Group 2 Agencies Group 3 Agencies Group 4 Agencies 3B Final Draft UWMP MWDOC Group 1 Agencies Group 2 Agencies Group 3 Agencies Group 4 Agencies 4 Final 2025 UWMP MWDOC Group 1 Agencies Group 2 Agencies Group 3 Agencies Group 4 Agencies 5 Optional Tasks O1 In-Person Individual Meetings O2 Second Virtual 1:1 Meeting O3 Additional Coordination O4 Incorporating Ripple E ects O5 Water Shortage Contingency Plan Revisions MWDOC Group 1 Agencies Group 2 Agencies Group 3 Agencies Group 4 Agencies O6 Adoption Process Support O7 Prepare Public Hearing Presentations O8 Public Hearing Meetings O9 DWR Submittals O10 2025 UWMP Hard Copies O11 Incorporate Climate Impacts NTP 1 2 3 4 5 6 7 8 9 10 11 * To streamline the work e ort and deliverables, we have grouped the UWMPs of the 22 PAs listed in the “Responses to Questions” to the RFP into 4 groups. The grouping will be fi nalized at the kicko meeting with MWDOC based on the fi nal list of PAs. For example: Group 1: Approximately 5 of 11 OCWD Groundwater Agencies Group 2: Approximately 6 of 11 OCWD Groundwater Agencies Group 3: Approximately 5 OCWD Groundwater Agencies with Recycled Water Group 4: Approximately 6 South County Agencies with Recycled Water & Non-OCWD Groundwater Agencies LEGEND Work by the Carollo Team Data Gathering/Reviews by MWDOC/PAs 1:1 Meetings with PAs 30-day Public Review/Agency Review Kicko meetings PM Check-in Calls with MWDOC Invoice number Internal Deliverables to MWDOC and PAs 1 1:1 mtgs Pilot & Template Kicko with MWDOC Kicko with PAs DWR Submittal Period DWR Submittal Deadline (7/1/2026)Thanksgiving WeekWinter HolidaysDWR Submittal Period Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B 20CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\E-Fee-rev0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESE. Fee Schedule FEE SUMMARY PROPOSAL - COST PER CATEGORY OF UWMP UWMP Category Minimum of 15 Agencies More than 20 Agencies MWDOC $74,727 Group 1 - OCWD Groundwater Agencies $41,488 $40,433 Group 2 - OCWD Groundwater Agencies with Recycled Water $44,637 $43,582 Group 3 - South Orange County Agencies with Recycled Water $47,251 $46,196 Group 4 - South Orange County Agencies without Recycled Water $42,369 $41,314 Group 5 - Non-OCWD North County Groundwater Basin Agencies $47,251 $46,196 Fee Proposal The Fee Proposal presented herein is based on our current understanding of the anticipated Guidebook Changes presented in the project understanding (page 10) and the scope of work presented on pages 15-18. It should be noted that although this is not a technically challenging project, the combined effort is still an extensive undertaking. This project will involve a lot of coordination with 20+ agencies and 3 versions of each UWMP with quality control of all 60+ plans to ensure accuracy and consistency. Our fee proposal reflects the necessary effort to ensure smooth approval of the 2025 UWMPs by DWR, such that MWDOC and all Participating Agencies (PAs) maintain full eligibility for state grants and loans. Any significant changes incorporated in the Final 2025 UWMP Guidebook and/or requests to include optional tables, could require a change in the level of effort and budget. We look forward to the opportunity to negotiate these changes upon notice of selection and release of the Final Guidebook. The table shown below summarizes our estimated costs to complete the 2025 UWMPs by agency group as requested in the RFP. A detailed fee estimate with a breakdown of labor hours by task, subtask, and team member is provided on the next page. Our key assumptions that affect our labor estimate for this cost proposal include: ƒ11-month duration. ƒ22 biweekly project management calls of ½ hour duration. ƒAll meetings will take place virtually using MS Teams or similar platform, except for in-person meetings included in Optional Task 1. ƒTo streamline data gathering and deliverable production, all PAs will be known at the kickoff meeting with MWDOC. ƒThe virtual/in-person 1:1 coordination meetings with each of the PAs do not exceed 1 hour. ƒThe virtual 1:1 coordination calls will take place in designated meeting blocks of 4 hours each. MWDOC will coordinate with the PAs to get all virtual and/or in-person meetings scheduled. ƒThe PAs will deliver all requested data using the data gathering template (in Excel) provided via the secure project SharePoint site, setup and hosted by Carollo. ƒAll deliverables will be delivered electronically. Comments will be returned as a compiled set of consolidated comments using track changes on word documents and the comment response log spreadsheet template provided by Carollo. ƒThe optional tables and/or task items included in the Scope of Work can be added individually by each PA as desired, and/or modified or supplemented with other optional task ideas as desired by MWDOC and the PAs. ƒPrinting of hard copy UWMPs are estimated to cost $250 each, including shipping. Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B E. FEE SCHEDULE 21CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\E-Fee-rev0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESCAROLLO ENGINEERS CDM SMITH MADDAUS WATER MANAGEMENT OTHER DIRECT COSTS TOTALS Task Description Principal-in-Charge Graham JubyProject Manager Inge WiersemaProject EngineerAnthony CemoQC LeadJessica FritscheChapter 4 LeadNicola FontaineChapter Lead and Document SupportMyra LaraChapter 3 LeadBecky GatesAdministrative SupportUWMP QC LeadDan RodrigoChapter 6 LeadBrian ShepardChapter 7 LeadAndria LoutschChapter 8 LeadBill FernandezWSCP LeadBill FernandezAdministrative SupportWSCP QC LeadMichelle MaddausChapter 5 LeadTess KretschmannChapter 9 LeadNicki PowellWSCP Ch 3 LeadNicki PowellWSCP Ch 1/2/4 LeadVictoria BravoSubconsultant Markups (5%)PECE*Travel, Printing, MiscellaneousTotal ODCs*Labor HoursFee EstimateHourly Rates ($/hr) $350 $350 $225 $285 $225 $175 $200 $150 $340 $165 $250 $240 $240 $165 $340 $240 $165 $165 $135 5% $15.00 Task 1 - Project Management 8 40 85 4 0 61 0 2 15 12 8 3 0 11 4 11 11 0 11 $946 $3,000 $- $3,946 286 $70,901 Kickoff with MWDOC 1 2 5 0 0 4 0 1 1 0 0 0 0 0 1 0 0 0 0 $34 $195 $- $229 15 $3,934 Kickoff with all PAs 1 2 5 0 0 4 0 1 1 1 0 0 0 0 1 0 0 0 0 $42 $195 $- $237 16 $4,107 1:1 Meeting with Individual PAs 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $- $60 4 $860 Internal Biweekly Meetings 0 11 11 0 0 11 0 0 0 11 8 3 0 0 0 0 11 0 0 $318 $495 $- $813 66 $15,413 Biweekly PM Checkins with MWDOC 0 11 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $330 $- $330 22 $6,655 Task 1B - Invoicing and Progress Reporting 6 11 11 0 0 0 0 0 11 0 0 0 0 11 0 11 0 0 11 $484 $420 $- $904 72 $19,009 Task 1C - Quality Control per UWMP 0 0 0 4 0 0 0 0 2 0 0 0 0 0 2 0 0 0 0 $68 $60 $- $128 8 $2,628 Task 1D - Data Management and Organization 0 3 40 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $1,245 $- $1,245 83 $18,295 Task 2 - Data Collection and Review (per UWMP) 0 0 4 0 2 0 2 0 0 2 2 0 0 0 0 0 0 0 0 $42 $120 $- $162 12 $2,742 Task 3 - Draft and Final UWMP - MWDOC 0 6 52 0 28 8 6 44 4 28 28 16 0 0 4 6 8 0 0 $1,047 $2,160 $- $3,207 238 $53,447 Develop Pilot Template 0 2 40 0 16 0 0 32 4 4 4 4 0 0 4 0 0 0 0 $267 $1,350 $- $1,617 110 $25,057 Task 3A - Draft UWMP 0 2 8 0 8 4 4 8 0 16 16 8 0 0 0 4 6 0 0 $526 $510 $- $1,036 84 $18,546 Task 3B - Final Draft UWMP 0 2 4 0 4 4 2 4 0 8 8 4 0 0 0 2 2 0 0 $255 $300 $- $555 44 $9,845 Task 3 - Draft and Final UWMP - Group 1 Agencies 0 4 10 0 6 6 6 12 0 20 12 6 0 0 0 6 8 0 0 $525 $660 $- $1,185 96 $20,735 Task 3A - Draft UWMP 0 2 6 0 4 4 4 8 0 12 8 4 0 0 0 4 6 0 0 $345 $420 $- $765 62 $13,305 Task 3B - Final Draft UWMP 0 2 4 0 2 2 2 4 0 8 4 2 0 0 0 2 2 0 0 $181 $240 $- $421 34 $7,431 Task 3 - Draft and Final UWMP - Group 2 Agencies 0 4 10 0 14 6 6 12 0 18 18 6 0 0 0 6 8 0 0 $584 $780 $- $1,364 108 $23,884 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 12 12 4 0 0 0 4 6 0 0 $395 $480 $- $875 70 $15,315 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 6 6 2 0 0 0 2 2 0 0 $189 $300 $- $489 38 $8,569 Task 3 - Draft and Final UWMP - Group 3 Agencies 0 4 10 0 14 6 6 12 0 24 24 6 0 0 0 6 8 0 0 $708 $780 $- $1,488 120 $26,498 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 16 16 4 0 0 0 4 6 0 0 $478 $480 $- $958 78 $17,058 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 8 8 2 0 0 0 2 2 0 0 $231 $300 $- $531 42 $9,441 Task 3 - Draft and Final UWMP - Group 4 Agencies 0 4 10 0 10 6 6 12 0 15 15 6 0 0 0 6 8 0 0 $521 $720 $- $1,241 98 $21,616 Task 3A - Draft UWMP 0 2 6 0 6 4 4 8 0 10 10 4 0 0 0 4 6 0 0 $353 $450 $- $803 64 $13,963 Task 3B - Final Draft UWMP 0 2 4 0 4 2 2 4 0 5 5 2 0 0 0 2 2 0 0 $168 $270 $- $438 34 $7,653 Task 3 - Draft and Final UWMP - Group 5 Agencies 0 4 10 0 14 6 6 12 0 24 24 6 0 0 0 6 8 0 0 $708 $780 $- $1,488 120 $26,498 Task 3A - Draft UWMP 0 2 6 0 8 4 4 8 0 16 16 4 0 0 0 4 6 0 0 $478 $480 $- $958 78 $17,058 Task 3B - Final Draft UWMP 0 2 4 0 6 2 2 4 0 8 8 2 0 0 0 2 2 0 0 $231 $300 $- $531 42 $9,441 Task 4 - Final 2025 UWMP - MWDOC 0 2 4 0 2 4 2 8 0 6 4 2 0 0 0 2 0 0 0 $148 $330 $- $478 36 $7,778 Task 4 - Final 2025 UWMP - Group 1 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 2 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 3 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 4 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 Task 4 - Final 2025 UWMP - Group 5 Agencies 0 2 4 0 2 2 2 6 0 4 2 2 0 0 0 2 0 0 0 $106 $270 $- $376 28 $6,196 * ODCs include $15.00 per labor hour Project Equipment and Communication Expense (PECE). Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B E. FEE SCHEDULE 22CAROLLO / PROPOSAL / JULY 2025 B:\Marketing\Pursuits\Client20(OCO)\MWDOC\2025UWMP\Prop0525\Revised0725\E-Fee-rev0725 MWDOC / 2025 URBAN WATER MANAGEMENT PLAN PREPARATION FOR ORANGE COUNTY WATER AGENCIESCAROLLO ENGINEERS CDM SMITH MADDAUS WATER MANAGEMENT OTHER DIRECT COSTS TOTALS Task Description Principal-in-Charge Graham JubyProject Manager Inge WiersemaProject EngineerAnthony CemoQC LeadJessica FritscheChapter 4 LeadNicola FontaineChapter Lead and Document SupportMyra LaraChapter 3 LeadBecky GatesAdministrative SupportUWMP QC LeadDan RodrigoChapter 6 LeadBrian ShepardChapter 7 LeadAndria LoutschChapter 8 LeadBill FernandezWSCP LeadBill FernandezAdministrative SupportWSCP QC LeadMichelle MaddausChapter 5 LeadTess KretschmannChapter 9 LeadNicki PowellWSCP Ch 3 LeadNicki PowellWSCP Ch 1/2/4 LeadVictoria BravoSubconsultant Markups (5%)PECE*Travel, Printing, MiscellaneousTotal ODCs*Labor HoursFee EstimateOptional Tasks Task O1: In-Person Individual Meetings ($/mtg)0 4 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $150 $100 $250 10 $2,700 Task O2: Additional Virtual 1:1 Meeting 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $0 $60 4 $860 Task O3A: Additional Coordination (Option A)0 2 2 0 1 1 0 0 0 1 1 0 0 0 0 1 0 0 0 $33 $90 $172 $295 9 $2,500 Task O3B: Additional Coordination (Option B)0 4 4 0 2 2 2 1 0 1 1 1 0 0 0 1 1 0 0 $53 $225 $12 $290 20 $5,000 Task O4A: Incorporating Ripple Effects (Option A)0 2 2 0 1 1 0 1 0 1 1 0 0 0 0 1 0 0 0 $33 $105 $7 $145 10 $2,500 Task O4B: Incorporating Ripple Effects (Option B)0 4 4 0 2 2 2 4 0 1 1 1 0 0 0 1 1 0 0 $53 $270 $12 $335 23 $5,495 Task O5A: WSCP Revision (Option A)0 1 1 0 0 0 0 8 0 0 0 0 2 0 1 0 0 12 0 $140 $150 $0 $290 25 $4,865 Task O5B: WSCP Revision (Option B)0 1 1 0 0 0 0 8 0 0 0 0 4 0 2 0 0 16 12 $295 $150 $0 $445 48 $8,120 Task O5C: WSCP Revision (Option C)0 2 4 2 0 0 0 8 2 0 0 0 12 0 4 0 0 20 24 $573 $240 $0 $813 78 $15,643 Task O6: Adoption Process Support 0 2 4 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $150 $0 $150 10 $2,450 Task O7A: Public Hearing Presentation Template 0 2 2 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $105 $0 $105 7 $1,755 Task O7B: Management/Board/Public Hearing Presentation 0 0 2 0 0 2 0 1 0 1 0 0 0 0 0 0 1 0 0 $17 $75 $0 $92 7 $1,372 Task O8: Public Hearing Meetings ($/mtg)0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $60 $100 $160 4 $1,560 Task O9: DWR Submittal 0 1 1 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $90 $0 $90 6 $1,365 Task O10A: 2025 UWMP 5 Hard Copies 0 2 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $75 $1,250 $1,325 5 $2,525 Task O10B: 2025 UWMP 10 Hard Copies 0 2 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 $0 $75 $2,500 $2, 575 5 $3,775 Task 011A: Incorporate Climate Impacts (Option A)0 2 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $180 $15 $195 12 $3, 385 Task 011B: Incorporate Climate Impacts (Option B)0 2 4 0 0 0 0 0 2 16 4 0 0 0 0 0 0 0 0 $216 $90 $15 $321 28 $6,241 * ODCs include $15.00 per labor hour Project Equipment and Communication Expense (PECE). Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Exhibit B-2 Cost Summary Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Budget Groupings of Agencies Base Price Task O1:In-Person Individual Meetings ($/mtg)Task O2:Additional Virtual 1:1 MeetingTask O3A:Additional Coordination (Option A) Task O3B:Additional Coordination (Option B) Task O4A:Incoporating Ripple Effects (Option A) Task O4B:Incoporating Ripple Effects (Option B) Task O5A:Water Shortage Contingency Plan (WSCP) Revision (Option A) Task O5B:Water Shortage Contingency Plan (WSCP) Revision (Option B) Task O5C:Water Shortage Contingency Plan (WSCP) Revision (Option C) Task O6:Adoption Process Support Task O7A: Public Hearing Presentation TemplateTask O7B: Management/Board/ Public Hearing Presentation Task O8:Public Hearing Meetings ($/mtg)Task O9:DWR SubmittalTask O10A:2025 UWMP 5 Hard CopiesTask O10B:2025 UWMP 10 Hard CopiesTask O11A:Incorporating Climate change Impacts (Option A)Task O11B:Incorporating Climate change Impacts (Option B) $ 2,700 $ 860 $ 2,500 $ 5,000 $ 2,500 $ 5,495 $ 4,865 $ 8,120 $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ 2,525 $ 3,775 $ 3,385 $ 6,241 1 MWDOC $74,727 ----2,500$ -----1,755$ --1,365$ ----80,347$ 5,620$ 2 City of Buena Park $40,433 -860$ --2,500$ --8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ ---61,185$ 20,752$ 3 City of Fullerton (not a part of MWDOC)$40,433 2,700$ 860$ 2,500$ -2,500$ --8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ -3,385$ -69,770$ 29,337$ 4 City of Garden Grove $40,433 -860$ 2,500$ --5,495$ -8,120$ -2,450$ 1,755$ 1,372$ 1,560$ 1,365$ ----65,910$ 25,477$ 5 City of La Palma $40,433 -860$ ---------1,372$ -1,365$ ----44,030$ 3,597$ 6 City of Orange $40,433 ------4,865$ ------1,365$ ----46,663$ 6,230$ 7 City of Seal Beach $40,433 ------4,865$ ----1,372$ 1,560$ 1,365$ ----49,595$ 9,162$ 8 City of Tustin $40,433 ------4,865$ ----------6,241$ 51,539$ 11,106$ 9 Yorba Linda Water District $40,433 2,700$ 860$ -----8,120$ --1,755$ -1,560$ 1,365$ ----56,793$ 16,360$ 10 City of Westminster $40,433 ------4,865$ ------1,365$ ----46,663$ 6,230$ 11 East Orange County Water District*$40,433 ------4,865$ --2,450$ -1,372$ -1,365$ ----50,485$ 10,052$ 12 Huntington Beach $40,433 -860$ ----------------41,293$ 860$ 13 Serrano Water District* $40,433 ------4,865$ --2,450$ -1,372$ -1,365$ ----50,485$ 10,052$ 14 City of Anaheim $43,582 2,700$ 860$ -5,000$ -5,495$ --15,643$ 2,450$ 1,755$ 1,372$ 1,560$ 1,365$ -3,775$ 3,385$ -88,942$ 45,360$ 15 City of Fountain Valley $43,582 -860$ --2,500$ --8,120$ -2,450$ 1,755$ 1,372$ -1,365$ ----62,004$ 18,422$ 16 City of Newport Beach $43,582 2,700$ ---2,500$ --8,120$ -2,450$ -1,372$ -1,365$ 2,525$ ---64,614$ 21,032$ 17 City of Santa Ana (not a part of MWDOC)$43,582 2,700$ 860$ 2,500$ -2,500$ ---15,643$ 2,450$ 1,755$ 1,372$ 1,560$ 1,365$ --3,385$ -79,672$ 36,090$ 18 Mesa Water District $43,582 ------4,865$ ------1,365$ ----49,812$ 6,230$ 19 City of San Clemente $46,196 -------8,120$ ---1,372$ 1,560$ 1,365$ ----58,613$ 12,417$ 20 Santa Margarita Water District $46,196 -860$ 2,500$ -2,500$ ------1,372$ 1,560$ ---3,385$ -58,373$ 12,177$ 21 South Coast Water District $46,196 ----2,500$ -4,865$ ---1,755$ 1,372$ 1,560$ 1,365$ --3,385$ -62,998$ 16,802$ 22 Trabuco Canyon Water District $46,196 ---------2,450$ 1,755$ --1,365$ 2,525$ ---54,291$ 8,095$ 23 Laguna Beach County Water District $41,314 ------4,865$ ----1,372$ -1,365$ ----48,916$ 7,602$ 24 City of Brea $46,196 -------8,120$ -2,450$ -1,372$ 1,560$ -2,525$ ---62,223$ 16,027$ 25 City of La Habra $46,196 -860$ -----8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ ---64,448$ 18,252$ $1,055,890 13,500$ 9,460$ 10,000$ 5,000$ 20,000$ 10,990$ 38,920$ 73,080$ 31,286$ 26,950$ 14,040$ 21,952$ 18,720$ 27,300$ 15,150$ 3,775$ 16,925$ 6,241$ 1,419,179$ 363,289$ *Optional Tasks costs for EOCWD and Serrano WD are placeholder estimates only. Pending task selections from these two agencies. Legend Status Contingecy Items Activated Not Activated Last update: 8/5/2025 Total for All Agencies Total Exhibit B-2 Cost Summary For Development of 2025 Urban Water Management Plans Optional Tasks and Contingency Items Grand Total by AgencyTotal Optional/Contingency Tasks SelectedMWDOC OCWD Groundwater Agencies OCWD Groundwater Agencies with Recycled Water South County Agencies with Recycled Water South County Agencies without Recycled Water Non-OCWD Groundwater Agencies Docusign Envelope ID: 7100A28F-1289-406F-AFC1-89EA2643B16B Cost Sharing Agreement for 2025 UWMP 18 EXHIBIT B Cost Summary for Development of Urban Water Management Plans for 2025 Budget Groupings of Agencies Base Price Task O1:In-Person Individual Meetings ($/mtg)Task O2:Additional Virtual 1:1 MeetingTask O3A:Additional Coordination (Option A) Task O3B:Additional Coordination (Option B) Task O4A:Incoporating Ripple Effects (Option A) Task O4B:Incoporating Ripple Effects (Option B) Task O5A:Water Shortage Contingency Plan (WSCP) Revision (Option A) Task O5B:Water Shortage Contingency Plan (WSCP) Revision (Option B) Task O5C:Water Shortage Contingency Plan (WSCP) Revision (Option C) Task O6:Adoption Process Support Task O7A: Public Hearing Presentation TemplateTask O7B: Management/Board/ Public Hearing Presentation Task O8:Public Hearing Meetings ($/mtg)Task O9:DWR SubmittalTask O10A:2025 UWMP 5 Hard CopiesTask O10B:2025 UWMP 10 Hard CopiesTask O11A:Incorporating Climate change Impacts (Option A)Task O11B:Incorporating Climate change Impacts (Option B) $ 2,700 $ 860 $ 2,500 $ 5,000 $ 2,500 $ 5,495 $ 4,865 $ 8,120 $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ 2,525 $ 3,775 $ 3,385 $ 6,241 1 MWDOC $74,727 ----2,500$ -----1,755$ --1,365$ ----80,347$ 5,620$ 2 City of Buena Park $40,433 -860$ --2,500$ --8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ ---61,185$ 20,752$ 3 City of Fullerton (not a part of MWDOC)$40,433 2,700$ 860$ 2,500$ -2,500$ --8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ -3,385$ -69,770$ 29,337$ 4 City of Garden Grove $40,433 -860$ 2,500$ --5,495$ -8,120$ -2,450$ 1,755$ 1,372$ 1,560$ 1,365$ ----65,910$ 25,477$ 5 City of La Palma $40,433 -860$ ---------1,372$ -1,365$ ----44,030$ 3,597$ 6 City of Orange $40,433 ------4,865$ ------1,365$ ----46,663$ 6,230$ 7 City of Seal Beach $40,433 ------4,865$ ----1,372$ 1,560$ 1,365$ ----49,595$ 9,162$ 8 City of Tustin $40,433 ------4,865$ ----------6,241$ 51,539$ 11,106$ 9 Yorba Linda Water District $40,433 2,700$ 860$ -----8,120$ --1,755$ -1,560$ 1,365$ ----56,793$ 16,360$ 10 City of Westminster $40,433 ------4,865$ ------1,365$ ----46,663$ 6,230$ 11 East Orange County Water District $40,433 -860$ ----4,865$ ------1,365$ ----47,523$ 7,090$ 12 Huntington Beach $40,433 -860$ ----------------41,293$ 860$ 13 City of Anaheim $43,582 2,700$ 860$ -5,000$ -5,495$ --15,643$ 2,450$ 1,755$ 1,372$ 1,560$ 1,365$ -3,775$ 3,385$ -88,942$ 45,360$ 14 City of Fountain Valley $43,582 -860$ --2,500$ --8,120$ -2,450$ 1,755$ 1,372$ -1,365$ ----62,004$ 18,422$ 15 City of Newport Beach $43,582 2,700$ ---2,500$ --8,120$ -2,450$ -1,372$ -1,365$ 2,525$ ---64,614$ 21,032$ 16 City of Santa Ana (not a part of MWDOC)$43,582 2,700$ 860$ 2,500$ -2,500$ ---15,643$ 2,450$ 1,755$ 1,372$ 1,560$ 1,365$ --3,385$ -79,672$ 36,090$ 17 Mesa Water District $43,582 ------4,865$ ------1,365$ ----49,812$ 6,230$ 18 City of San Clemente $46,196 -------8,120$ ---1,372$ 1,560$ 1,365$ ----58,613$ 12,417$ 19 Santa Margarita Water District $46,196 -860$ 2,500$ -2,500$ ------1,372$ 1,560$ ---3,385$ -58,373$ 12,177$ 20 South Coast Water District $46,196 ----2,500$ -4,865$ ---1,755$ 1,372$ 1,560$ 1,365$ --3,385$ -62,998$ 16,802$ 21 Trabuco Canyon Water District $46,196 ---------2,450$ 1,755$ --1,365$ 2,525$ ---54,291$ 8,095$ 22 Laguna Beach County Water District $41,314 ------4,865$ ----1,372$ -1,365$ ----48,916$ 7,602$ 23 City of Brea $46,196 -------8,120$ -2,450$ -1,372$ 1,560$ -2,525$ ---62,223$ 16,027$ 24 City of La Habra $46,196 -860$ -----8,120$ -2,450$ -1,372$ 1,560$ 1,365$ 2,525$ ---64,448$ 18,252$ $1,055,890 13,500$ 10,320$ 10,000$ 5,000$ 20,000$ 10,990$ 38,920$ 73,080$ 31,286$ 24,500$ 14,040$ 20,580$ 18,720$ 27,300$ 15,150$ 3,775$ 16,925$ 6,241$ 1,416,217$ 360,327$ Legend Status Contingecy Items Activated Not Activated Last update: 8/7/2025 Total for All Agencies Total Exhibit B Cost Summary For Development of 2025 Urban Water Management Plans Optional Tasks and Contingency Items Grand Total by AgencyTotal Optional/Contingency Tasks SelectedMWDOC OCWD Groundwater Agencies OCWD Groundwater Agencies with Recycled Water South County Agencies with Recycled Water South County Agencies without Recycled Water Non-OCWD Groundwater Agencies AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Authorizing Amendment 1 to the On-Call Professional Maintenance Services Agreement with Lance Edward Unkovich dba Free Lance Masonry for Concrete and Masonry Maintenance and Repair Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. BACKGROUND AND ANALYSIS: On October 3, 2022, the City entered into an On-Call Professional Maintenance Services Agreement (Agreement) with Lance Edward Unkovich dba Free Lance Masonry (Free Lance) to perform concrete and masonry maintenance and repair services. Free Lance has been integral to providing services for ongoing masonry and concrete work for the scope of projects that are not able to be completed by Page 2 2 1 0 5 in-house personnel. Free Lance’s project scope and extensive multi-decade-long familiarity with the City staff and operations include the annual Main Street paver adjustments, College Park West entrance sign and walls, Bridgeport masonry walls, and any other general brick or block wall-related work. Due to the breadth of work provided and consistently competitive pricing, Free Lance has reached the annual contract limit before the end of the current term. Accordingly, staff recommends approving Amendment 1 to the Agreement to: (1) increase compensation by $11,225 for the remainder of the second-term extension ending October 3, 2025; (2) authorize a third one-year extension; and (3) allocate $75,000 for services to be performed under the third extension. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional maintenance services agreement with Free Lance will not have a significant effect on the environment. All maintenance and repair services under these Agreements will comply with all requirements of the California Environmental Quality Act (CEQA) and will generally be categorically exempt under Sections 15301 and 15302. Environmental impacts associated with each task order will be assessed under a separate effort. LEGAL ANALYSIS: The City Attorney has approved Amendment 1 and resolution as to form. FINANCIAL IMPACT: While an on-call agreement does not guarantee work for the vendor, sufficient funding has been budgeted in the approved FY 2025-2026 Budget and will be charged to the appropriate fund as needed. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7686: 1. Approving Amendment 1 to the On-Call Professional Maintenance Services Agreement for concrete and masonry maintenance and repair services with Lance Edward Unkovich dba Free Lance Masonry, dated October 3, 2022, as previously extended, to: Page 3 2 1 0 5 (a) to extend the term of the Agreement for a third extension from October 3, 2025 through October 3, 2026; (b) supplementing the scope of services for the second extension by the additional services set forth in Exhibit A-1; (c) to authorize an increase in total contract compensation by $86,225.00, which includes $11,225.00 for the second extension (revising second extension total compensation amount to $46,225.00) and the not-to-exceed sum of $75,000 for third extension, for a total not-to-exceed revised contract amount of $191,225; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Sean Low, Deputy Director of Public Works – Maintenance/Utilities ATTACHMENTS: A. Resolution 7686 B. Amendment No. 1 to On-Call Professional Maintenance Services Agreement with Free Lance Masonry C. On-Call Professional Maintenance Services Agreement with Free Lance Masonry RESOLUTION 7686 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO THE ON-CALL PROFESSIONAL MAINTENANCE AGREEMENT WITH LANCE EDWARD UNKOVICH DBA FREE LANCE MASONRY FOR CONCRETE AND MASONRY MAINTENANCE AND REPAIR SERVICES WHEREAS, on October 3, 2022, the City entered into an On-Call Professional Maintenance Services Agreement (Agreement) with Lance Edward Unkovich dba Free Lance Masonry (Contractor) for concrete and masonry maintenance and repair services with the original one-year term ending October 3, 2023 (Original Term) for a not-to- exceed amount of $35,000 (Thirty-Five Thousand Dollars), with two optional one-year extensions at the discretion of the City at a total not-to-exceed amount of $35,000 (Thirty- Five Thousand Dollars) for each one-year extension; and, WHEREAS, the Agreement was extended by an extension letter pursuant to the City’s election for an additional one year (first extension) to October 3, 2024, and the Agreement was also extended pursuant to the City’s election for an additional one year (second extension) to October 3, 2025; and, WHEREAS, the City and Contractor desire to amend the Agreement by this Amendment 1 to extend the contract term for a third extension to October 3, 2026, and to authorize an increase in compensation of $86,225.00 (an additional $11,225.00 for the second extension and the not-to-exceed amount of $75,000 for the third extension) for the services required in connection with the Agreement, for a revised total contract amount not to exceed $191,225.00 for the Original Term and all extensions, as provided herein. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 1 to the On-Call Professional Maintenance Services Agreement dated October 3, 2025, as previously extended, including Exhibit A, attached hereto, (a) extending the term of the Agreement for a third extension from October 3, 2025 through and including October 3, 2026; and (b) increasing the total compensation by $86,225.00 (including $11,225.00 for the second extension and the not-to-exceed sum of $75,000 for the third extension) for a revised not-to-exceed amount of $191,225.00 for the total revised term of the Agreement. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment 1. 1 0 3 1 3 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members _________________________________ NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7686 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk Agenda Item {{item.number}} AGENDA STAFF REPORT DATE: September 8, 2025 TO: Honorable Mayor and City Council FROM: Patrick Gallegos, City Manager SUBJECT: Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid- Management and Confidential Employees Association Bargaining Unit and Temporarily Amending the Position’s Job Classification ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7687: 1. Approving the transfer of the Public Works Superintendent classification ’s bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and, 2. Corrects the job classification’s exempt status for the period from June 23, 2025 through September 13, 2025 and confirming that the position will be exempt thereafter; and, 3. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent in the new bargaining unit. BACKGROUND AND ANALYSIS: Public Works Superintendent Bargaining Unit Transfer The Public Works Department oversees a broad range of responsibilities and specialized disciplines, requiring personnel with specific expertise and professional licenses to carry out its duties effectively. As the scope and complexity of municipal operations continue to evolve, it is critical that the City’s classification plan remains aligned with current regulatory standards, operational requirements, and workforce expectations. On June 23, 2025, the City Council adopted Resolution 7663, which included an amendment to the City’s Classification Plan to establish the Public Works Superintendent position. At the time of adoption, the position was placed in the Page 2 Seal Beach Supervisors & Professionals Association (SBSPA). As the duties of the Public Works Superintendent more properly align with the Mid-Management and Confidential Employee Association (Mid-Management), which generally represents broader oversight and decision-making responsibilities, Mid- Management has expressed formal interest and agreement in incorporating this classification into their bargaining unit. Staff concurs with this transfer as this will clarify the proper representation for the role. Public Works Superintendent Job Status Correction When the Public Works Superintendent classification was created, the position was inadvertently designated as exempt from the Fair Labor Standards Act (FLSA); however, it was intended to be classified as non -exempt because the position was receiving overtime pay. Staff recommends retroactively correcting this designation to non -exempt for the period from June 23, 2025 through September 13, 2025 to align with the City’s pay schedule. On September 13, 2025, coinciding with the effective date of the bargaining unit transfer, the position will be treated in accordance with the applicable provisions of the Mid-Management labor agreement, where the Public Works Superintendent classification would be in an exempt status and not entitled to overtime. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The fiscal impact of this bargaining unit transfer is anticipated to be minimal and can be absorbed within the FY 2025-26 Public Works Department budget. Any differences in benefits will be consistent with those outlined in the Mid - Management labor agreement. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 RECOMMENDATION: That the City Council adopt Resolution 7687: 1. Approving the transfer of the Public Works Superintendent classification bargaining unit from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 8, 2025; and, 2. Corrects the job classification’s exempt status for the period from June 23, 2025 through September 13, 2025 and confirming that the position will be exempt thereafter; and, 3. Authorizing the City Manager, or designee, to execute all necessary documents and take actions required to classify the Public Works Superintendent classification in the new bargaining unit. NOTED AND APPROVED: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Jennifer Robles, Management Analyst ATTACHMENTS: A. Resolution 7687 B. Public Works Superintendent Job Specification RESOLUTION 7687 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE TRANSFER OF THE PUBLIC WORKS SUPERINTENDENT CLASSIFICATION TO THE MID-MANAGEMENT AND CONFIDENTIAL EMPLOYEE ASSOCIATION BARGAINING UNIT AND TEMPORARILY AMENDING THE POSITION’S JOB CLASSIFICATION WHEREAS, on June 23, 2025, the City Council adopted Resolution 7663 authorizing an amendment to the Classification Plan to include the classification of the Public Works Superintendent; and, WHEREAS, at the time of adoption, the Public Works Superintendent classification was placed in the Seal Beach Supervisors & Professionals Association; and, WHEREAS, the Public Works Superintendent job description inadvertently designated the position to be exempt status under the FLSA; and, WHEREAS, the Mid-Management and Confidential Employees Association has expressed its interest in, and agreement with, including the Public Works Superintendent classification within their bargaining unit; and, WHEREAS, the City finds the duties and responsibilities of the Public Works Superintendent job classification are more properly aligned with the Mid- Management and Confidential Employee Association and the work going forward will cause the position to be considered exempt under the FLSA. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the transfer of the Public Works Superintendent classification from Seal Beach Supervisors & Professionals Association to Mid-Management and Confidential Employees Association, effective September 13, 2025, to align with the City’s pay schedule. Section 2. The City Council hereby corrects the Public Works Superintendent job classification as non-exempt from June 23, 2025 through September 13, 2025, but due to the additional responsibilities of this position will be considered exempt thereafter. Section 3. The Council authorizes the City Manager, or designee, to execute all necessary documents and take actions required to implement the Public Works Superintendent classification transfer to the Mid- Management and Confidential Employees Association. PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7687 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk 1 Public Works Superintendent Department/Division: Public Works/Maintenance Reports To: Deputy Director of Public Works/Maintenance & Utilities Provides Direction To: Senior Maintenance Worker, Maintenance Worker, Maintenance Aide FLSA Exemption Status: Exempt Date Prepared: June 23, 2025 Date Adopted by City Council: June 23, 2025 GENERAL PURPOSE Under general administrative direction, leads and manages staff and operations related to streets and sidewalks, building and facilities, parks, trees and landscaping, beach & pier infrastructure, and other community assets. Oversees, coordinates and administers service delivery, ensures regulatory compliance, manages contracts, ensure operational readiness, and related work as required. DISTINGUISHING CHARACTERISTICS The Public Works Superintendent is distinguished from the Senior Maintenance Worker or Maintenance Worker by its responsibility for supervising multiple crews and contractors, managing broad-based public works function, and serving as a key liaison with staff, external agencies, and the public. This role has limited policy-making or budgetary authority compared to the Deputy Director of Public Works/Maintenance & Utilities, but is instrumental in operational planning, resource management, and frontline execution. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. Additionally, due to the nature of the position, flexibility is required, and the incumbent may need to work evenings, weekends, or respond to after-hours emergencies when necessary.  Assist in the development and implementation of department goals, objectives, and policies.  Plan, prioritize, assign, supervise, and evaluate the work of staff and contractors across functional areas, including streets, sidewalks, beach and pier infrastructure, parks, landscaping, trees, and facilities. 2  Develop and manage maintenance schedules and service delivery methods.  Ensure timely and effective delivery of services such as irrigation, tree care, pest and weed abatement, graffiti removal, playground safety, and facility upkeep.  Oversee contractor performance, inspect completed work, and verify invoices for services rendered.  Participate in the recruitment, training, and evaluation of staff and contractors.  Promote a safe, productive, and team-oriented work environment.  Identify and address staff performance issues.  Estimate time, materials, and equipment for projects; order necessary supplies and ensure timely delivery.  Coordinate the use and maintenance of tools, vehicles, and equipment; ensure compliance with safety and traffic regulations.  Support the planning and execution of citywide special events and emergency response operations.  Prepare and maintain accurate records, reports, and project documentation.  Assist the Deputy Director of Public Works/Maintenance and Utilities with budgeting, reporting, and operational planning.  Respond to public inquiries and complaints professionally and effectively.  Liaise with other City departments, contractors, and external agencies to coordinate maintenance needs and uphold standards.  Participate in hands-on field maintenance as needed.  Respond to emergencies and assist in disaster preparedness, response, and recovery efforts. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. QUALIFICATIONS GUIDELINES Knowledge of:  Principles and practices of effective supervision, staff training, and performance evaluation  Construction, maintenance, and repair methods for public infrastructure, including streets, sidewalks, parks, landscaping, trees, beach and pier facilities, buildings, and vehicles  Applicable federal, state, and local codes and regulations, including workplace and traffic safety standards (e.g., CAL-OSHA, WATCH Manual)  Public sector budgeting, purchasing, and contract administration  Operation and maintenance of tools, equipment, and vehicles used in public works  Asset management systems and maintenance tracking software  Techniques for effective report writing, recordkeeping, and presentation Ability to:  Supervise, organize, train, and evaluate staff and contracted service providers  Plan and prioritize multiple projects and respond to shifting operational needs  Analyze complex problems, evaluate alternatives, and implement practical solutions  Read and interpret plans, blueprints, technical manuals, and specifications  Inspect work for compliance with safety standards and technical requirements  Estimate time, labor, equipment, and materials accurately 3  Interpret and apply regulations, policies, and procedures  Prepare clear, concise reports and maintain accurate records  Communicate effectively, both verbally and in writing  Provide excellent customer service and respond to public inquiries with professionalism  Establish and maintain positive working relationships with colleagues, contractors, vendors, and the public  Work in field environments with potential exposure to noise, dust, extreme weather, hazardous materials Education/Training/Experience:  High School graduation or G.E.D. equivalent is required.  Accredited course work in ornamental horticulture, engineering, construction management, public administration, or a related field, is highly desirable. Experience & Training:  A minimum of seven (7) years of progressively responsible experience in public works operations and maintenance work, including at least five (5) years in a supervisory or lead role.  Municipal or government agency experience preferred. Licenses, Certificates; Special Requirements: Required:  Valid Class C California Driver’s License with acceptable driving record, and evidence of insurance.  Valid certifications in confined space entry, trenching safety, and hazardous materials handling required or must be obtained within one year of appointment.  The employee must be available for on-call, stand-by, and emergency call service. Desirable:  ISA Certified Arborist, Playground Safety Inspector, and/or Pesticide Applicator License, is highly desirable. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class, the employee is constantly required to sit, and occasionally to stand and walk. The sensory demands include the ability to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach with hands and arms above and below shoulder level. The employee occasionally lifts and carries material weighing more than 50 pounds. 4 Specific vision abilities required by this job include close vision and the ability to adjust focus. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately City staff, contractors, vendors, general public, and others in the course of work. WORK ENVIRONMENT The employee frequently works in both office and field settings and is subject to variable weather conditions and traffic when outdoors. The employee is exposed to wetness, moisture, heat, mechanical and electrical hazards, chemicals, and dust. The employee works near sewer areas and is exposed to noxious fumes, odors, and raw sewage. When outdoors and working near heavy and general use equipment, the noise level may be occasionally loud, at or above 85 decibels level. Agenda Item H AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council FROM:Patrick Gallegos, City Manager SUBJECT:Approving an Amendment to the Classification Plan and Position Allocation Plan; and Designating the Pay Grade and Status of the Human Resources Manager Classification ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager. BACKGROUND AND ANALYSIS: In accordance with the City’s Personnel Rules and Regulations, the Personnel Officer (designated as the City Manager) is authorized to “recommend and prepare revisions when necessary or desirable for maintenance and proper functioning of the Classification Plan.” Currently, the City’s Human Resources Division operates within the City Manager’s Office and is overseen by the Assistant City Manager. However, the Assistant City Manager is also responsible for managing a broad range of City functions, including solid waste, policy development, and legislative affairs. These combined responsibilities have made it increasingly difficult to provide the focused attention necessary for effective human resources management. To more effectively meet the City's growing and complex human resources needs, and in response to evolving labor and employment laws, increased regulatory requirements, and expanding workforce support, staff recommends the creation of a Human Resources Manager classification. This new position would provide dedicated leadership and oversight of the City’s Human Resources and Risk Management functions. Under the general supervision of the City Manager, the Human Resources Manager would be responsible for planning, directing, and managing all aspects of human resources services, including but not limited to: Page 2 2 0 8 8 Employee and labor relations Recruitment and retention Classification and compensation Benefits administration Workers’ compensation Workplace investigations Risk management programs A detailed job description is included as Attachment C. The Personnel Officer has reviewed and complied with the provisions of Article II, Section 7.C. of the City’s Employer-Employee Relations Resolution in establishing this new classification. The Human Resources Manager position will be included in the Mid-Management and Confidential Employees Association bargaining group. The Assistant City Manager position, which currently oversees human resources responsibilities, will remain unfilled, and responsibilities related to human resources will be transitioned to the new Human Resources Manager. Upon City Council approval of the new Human Resources Manager classification, the City would open a recruitment to fill the position. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The Human Resources Manager job classification is proposed to align with Grade 36 on the City of Seal Beach Full Time Pay Schedule. The annual salary range under Grade 36 has a minimum annual salary of $120,196.23 and a maximum annual salary of $146,099.26. Position Grade Step 1 Annual Step 5 Annual Human Resources Manager 36 $120,196.23 $146,099.26 The adopted Fiscal Year 2025-2026 Position Allocation Plan allocates and funds one (1) full-time Assistant City Manager position. The proposed Human Resources Manager position will be funded by the Assistant City Manager salary savings. Page 3 2 0 8 8 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7688: 1. Authorizing an amendment to the Classification Plan to add the Human Resources Manager position, and designating this job classification to Grade 36 on the Seal Beach Full-Time Pay Schedule; and, 2. Amending the Fiscal Year 2025-26 Position Allocation Plan to include one (1) full-time Human Resources Manager. SUBMITTED, NOTED, AND APPROVED BY: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Jennifer Robles, Management Analyst & Lauren Barich, Management Analyst ATTACHMENTS: A. Resolution 7688 B. Proposed Full-Time Salary Pay Schedule C. Human Resources Manager Job Specification RESOLUTION 7688 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE AMENDMENT TO THE CLASSIFICATION PLAN AND DESIGNATING THE PAY GRADE AND STATUS OF THE HUMAN RESOURCES MANAGER POSITION WHEREAS, the City’s Personnel Rules and Regulations authorizes the Personnel Officer to “recommend and prepare revisions when necessary or desirable for maintenance and proper functioning of the Classification Plan”; and, WHEREAS, human resources services are currently overseen by the Assistant City Manager; and, WHEREAS, the Personnel Officer recommends establishing the Human Resources Manager classification to provide more focused attention towards human resources needs; and, WHEREAS, the proposed Human Resources Manager classification will be placed at Grade 36 of the Full-Time Salary Schedule; and, WHEREAS, the proposed Human Resources Manager classification will be classified in the Mid-Management and Confidential Employees Association; and, WHEREAS, staff recommends revising the Fiscal Year 2025-2026 Position Allocation Plan to reflect one (1) Human Resources Manager full-time position. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby approves the amendment to the Classification Plan to include the job specification attached hereto as Exhibit A and classification of Human Resources Manager. Section 2. The City Council hereby designates the pay grade and status of the Human Resources Manager position to align with Grade 36 of the Full-Time Salary Schedule. Section 3. The City Council hereby approves the amendment to the FY 2025- 2026 Position Allocation Plan to include one (1) Human Resources Manager full-time position. Section 3. The Council authorizes the City Manager to execute all necessary documents and take any actions required to adopt and authorize the Human Resources Manager position. 1 0 2 3 3 PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7688 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk Grade Title Group Step 1 Annually Step 1 Monthly Step 1 Hourly Step 2 Annually Step 2 Monthly Step 2 Hourly Step 3 Annually Step 3 Monthly Step 3 Hourly Step 4 Annually Step 4 Monthly Step 4 Hourly Step 5 Annually Step 5 Monthly Step 5 Hourly 8 Community Services Officer OCEA 58,735.23$ 4,894.60$ 28.24$ 61,672.01$ 5,139.33$ 29.65$ 64,755.60$ 5,396.30$ 31.13$ 67,993.39$ 5,666.12$ 32.69$ 71,393.04$ 5,949.42$ 34.32$ 8 Maintenance Worker OCEA 58,735.23$ 4,894.60$ 28.24$ 61,672.01$ 5,139.33$ 29.65$ 64,755.60$ 5,396.30$ 31.13$ 67,993.41$ 5,666.12$ 32.69$ 71,393.04$ 5,949.42$ 34.32$ 8 Recreation Specialist OCEA 58,735.23$ 4,894.60$ 28.24$ 61,672.01$ 5,139.33$ 29.65$ 64,755.60$ 5,396.30$ 31.13$ 67,993.41$ 5,666.12$ 32.69$ 71,393.04$ 5,949.42$ 34.32$ 9 Accounting Tech SBSPA 61,708.71$ 5,142.39$ 29.67$ 64,794.16$ 5,399.51$ 31.15$ 68,033.83$ 5,669.49$ 32.71$ 71,435.57$ 5,952.96$ 34.34$ 75,007.33$ 6,250.61$ 36.06$ 11 Senior Building Technician SBSPA 64,832.65$ 5,402.72$ 31.17$ 68,074.27$ 5,672.86$ 32.73$ 71,478.09$ 5,956.51$ 34.36$ 75,052.05$ 6,254.34$ 36.08$ 78,804.57$ 6,567.05$ 37.89$ 12 Senior Community Services Officer OCEA 64,832.71$ 5,402.73$ 31.17$ 68,074.36$ 5,672.86$ 32.73$ 71,478.07$ 5,956.51$ 34.36$ 75,051.98$ 6,254.33$ 36.08$ 78,804.55$ 6,567.05$ 37.89$ 12 Senior Maintenance Worker OCEA 64,832.71$ 5,402.73$ 31.17$ 68,074.36$ 5,672.86$ 32.73$ 71,478.07$ 5,956.51$ 34.36$ 75,051.98$ 6,254.33$ 36.08$ 78,804.55$ 6,567.05$ 37.89$ 12 Water Operator OCEA 64,832.71$ 5,402.73$ 31.17$ 68,074.36$ 5,672.86$ 32.73$ 71,478.07$ 5,956.51$ 34.36$ 75,051.98$ 6,254.33$ 36.08$ 78,804.55$ 6,567.05$ 37.89$ 12 Mechanic OCEA 64,832.71$ 5,402.73$ 31.17$ 68,074.36$ 5,672.86$ 32.73$ 71,478.07$ 5,956.51$ 34.36$ 75,051.98$ 6,254.33$ 36.08$ 78,804.55$ 6,567.05$ 37.89$ 13 Executive Assistant - Confidential Mid-Mgmt 68,114.88$ 5,676.24$ 32.75$ 71,520.60$ 5,960.05$ 34.38$ 75,096.64$ 6,258.05$ 36.10$ 78,851.50$ 6,570.96$ 37.91$ 82,794.06$ 6,899.51$ 39.80$ 13 Executive Asstant SBSPA 68,114.88$ 5,676.24$ 32.75$ 71,520.60$ 5,960.05$ 34.38$ 75,096.64$ 6,258.05$ 36.10$ 78,851.50$ 6,570.96$ 37.91$ 82,794.06$ 6,899.51$ 39.80$ 13 Senior Accounting Technician SBSPA 68,114.88$ 5,676.24$ 32.75$ 71,520.60$ 5,960.05$ 34.38$ 75,096.64$ 6,258.05$ 36.10$ 78,851.50$ 6,570.96$ 37.91$ 82,794.06$ 6,899.51$ 39.80$ 14 Community Services Coordinator SBSPA 69,817.75$ 5,818.15$ 33.57$ 73,308.64$ 6,109.05$ 35.24$ 76,974.06$ 6,414.51$ 37.01$ 80,822.77$ 6,735.23$ 38.86$ 84,863.89$ 7,071.99$ 40.80$ 15 Code Enforcement Officer SBSPA 71,563.16$ 5,963.60$ 34.41$ 75,141.29$ 6,261.77$ 36.13$ 78,898.37$ 6,574.86$ 37.93$ 82,843.32$ 6,903.61$ 39.83$ 86,985.45$ 7,248.79$ 41.82$ 15 Police Recruit OCEA 69,817.74$ 5,818.15$ 33.57$ 73,308.64$ 6,109.05$ 35.24$ 76,974.06$ 6,414.51$ 37.01$ 80,822.76$ 6,735.23$ 38.86$ 84,863.89$ 7,071.99$ 40.80$ 16 Senior Water Operator OCEA 71,563.18$ 5,963.60$ 34.41$ 75,141.38$ 6,261.78$ 36.13$ 78,898.43$ 6,574.87$ 37.93$ 82,843.32$ 6,903.61$ 39.83$ 86,985.51$ 7,248.79$ 41.82$ 17 Cross Connection Specialist OCEA 72,491.06$ 6,040.92$ 34.85$ 76,306.38$ 6,358.86$ 36.69$ 80,322.50$ 6,693.54$ 38.62$ 84,550.00$ 7,045.83$ 40.65$ 89,000.00$ 7,416.67$ 42.79$ 18 Deputy City Clerk Mid-Mgmt 77,065.72$ 6,422.14$ 37.05$ 80,918.99$ 6,743.25$ 38.90$ 84,964.95$ 7,080.41$ 40.85$ 89,213.20$ 7,434.43$ 42.89$ 93,673.88$ 7,806.16$ 45.04$ 18 Police Civilian Investigator OCEA 75,186.07$ 6,265.51$ 36.15$ 78,945.36$ 6,578.78$ 37.95$ 82,892.63$ 6,907.72$ 39.85$ 87,037.27$ 7,253.11$ 41.84$ 91,389.15$ 7,615.76$ 43.94$ 19 Electrician OCEA 77,065.72$ 6,422.14$ 37.05$ 80,919.01$ 6,743.25$ 38.90$ 84,964.97$ 7,080.41$ 40.85$ 89,213.21$ 7,434.43$ 42.89$ 93,673.89$ 7,806.16$ 45.04$ 19 Bld Inspector SBSPA 78,992.38$ 6,582.70$ 37.98$ 82,941.99$ 6,911.83$ 39.88$ 87,089.11$ 7,257.43$ 41.87$ 91,443.52$ 7,620.29$ 43.96$ 96,015.72$ 8,001.31$ 46.16$ 20 Fleet Maintenance Program Manager SBSPA 80,967.17$ 6,747.26$ 38.93$ 85,015.55$ 7,084.63$ 40.87$ 89,266.29$ 7,438.86$ 42.92$ 93,729.62$ 7,810.80$ 45.06$ 98,416.11$ 8,201.34$ 47.32$ 20 Police Services Manager SBSPA 80,967.17$ 6,747.26$ 38.93$ 85,015.55$ 7,084.63$ 40.87$ 89,266.29$ 7,438.86$ 42.92$ 93,729.62$ 7,810.80$ 45.06$ 98,416.11$ 8,201.34$ 47.32$ 23 Marine Safety Officer SBMSMA 89,160.05$ 7,430.00$ 42.87$ 93,618.05$ 7,801.50$ 45.01$ 98,298.94$ 8,191.58$ 47.26$ 103,213.87$ 8,601.16$ 49.62$ 108,374.57$ 9,031.21$ 52.10$ 24 Assistant Planner SBSPA 89,681.83$ 7,473.49$ 43.12$ 94,165.92$ 7,847.16$ 45.27$ 98,874.26$ 8,239.52$ 47.54$ 103,817.98$ 8,651.50$ 49.91$ 109,008.85$ 9,084.07$ 52.41$ 25 Accountant Mid-Mgmt 91,606.93$ 7,633.91$ 44.04$ 96,187.28$ 8,015.61$ 46.24$ 100,996.64$ 8,416.39$ 48.56$ 106,046.46$ 8,837.21$ 50.98$ 111,348.78$ 9,279.07$ 53.53$ 25 Water Services Supervisor SBSPA 91,606.93$ 7,633.91$ 44.04$ 96,187.28$ 8,015.61$ 46.24$ 100,996.64$ 8,416.39$ 48.56$ 106,046.46$ 8,837.21$ 50.98$ 111,348.78$ 9,279.07$ 53.53$ 25 Maintenance Services Supervisor SBSPA 91,606.93$ 7,633.91$ 44.04$ 96,187.28$ 8,015.61$ 46.24$ 100,996.64$ 8,416.39$ 48.56$ 106,046.46$ 8,837.21$ 50.98$ 111,348.78$ 9,279.07$ 53.53$ 28 Police Records Supervisor PMA 96,153.90$ 8,012.83$ 46.23$ 100,961.60$ 8,413.47$ 48.54$ 106,009.66$ 8,834.14$ 50.97$ 111,310.13$ 9,275.84$ 53.51$ 116,875.64$ 9,739.64$ 56.19$ 26 Financial Analyst Mid-Mgmt 93,897.07$ 7,824.76$ 45.14$ 98,591.94$ 8,216.00$ 47.40$ 103,521.54$ 8,626.80$ 49.77$ 108,697.62$ 9,058.14$ 52.26$ 114,132.52$ 9,511.04$ 54.87$ 26 Management Analyst Mid-Mgmt 93,897.07$ 7,824.76$ 45.14$ 98,591.94$ 8,216.00$ 47.40$ 103,521.54$ 8,626.80$ 49.77$ 108,697.62$ 9,058.14$ 52.26$ 114,132.52$ 9,511.04$ 54.87$ 28 Asst Engineer SBSPA 98,650.64$ 8,220.89$ 47.43$ 103,583.18$ 8,631.93$ 49.80$ 108,762.33$ 9,063.53$ 52.29$ 114,200.44$ 9,516.70$ 54.90$ 119,910.46$ 9,992.54$ 57.65$ 28 Assoc Planner SBSPA 98,650.64$ 8,220.89$ 47.43$ 103,583.18$ 8,631.93$ 49.80$ 108,762.33$ 9,063.53$ 52.29$ 114,200.44$ 9,516.70$ 54.90$ 119,910.46$ 9,992.54$ 57.65$ 27 Police Officer POA 107,239.92$ 8,936.66$ 51.56$ 112,601.88$ 9,383.49$ 54.14$ 118,232.00$ 9,852.67$ 56.84$ 124,143.61$ 10,345.30$ 59.68$ 130,350.77$ 10,862.56$ 62.67$ 31 Marine Safety Lieutenant SBMSMA 108,632.82$ 9,052.74$ 52.23$ 114,064.50$ 9,505.38$ 54.84$ 119,767.69$ 9,980.64$ 57.58$ 125,756.07$ 10,479.67$ 60.46$ 132,043.90$ 11,003.66$ 63.48$ 30 Senior Planner Mid-Mgmt 108,515.84$ 9,042.99$ 52.17$ 113,941.57$ 9,495.13$ 54.78$ 119,638.71$ 9,969.89$ 57.52$ 125,620.62$ 10,468.39$ 60.39$ 131,901.62$ 10,991.80$ 63.41$ 28A Senior Utilities Supervisor SBSPA 110,657.69$ 9,221.47$ 53.20$ 116,481.79$ 9,706.82$ 56.00$ 122,612.41$ 10,217.70$ 58.95$ 129,065.69$ 10,755.47$ 62.05$ 135,858.62$ 11,321.55$ 65.32$ 28B Public Works Superintendent SBSPA 114,335.30$ 9,527.94$ 54.97$ 120,352.95$ 10,029.41$ 57.86$ 126,687.31$ 10,557.28$ 60.91$ 133,355.06$ 11,112.92$ 64.11$ 140,373.75$ 11,697.81$ 67.49$ 29 Police Corporal POA 112,668.92$ 9,389.08$ 54.17$ 118,302.38$ 9,858.53$ 56.88$ 124,217.51$ 10,351.46$ 59.72$ 130,428.38$ 10,869.03$ 62.71$ 136,949.76$ 11,412.48$ 65.84$ 36 Associate Engineer Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 36 Finance Manager Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 36 Human Resources Manager Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 36 IT Manager Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 36 Planning Manager Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 36 Recreation Manager Mid-Mgmt 120,196.23$ 10,016.35$ 57.79$ 126,206.05$ 10,517.17$ 60.68$ 132,516.32$ 11,043.03$ 63.71$ 139,142.15$ 11,595.18$ 66.90$ 146,099.26$ 12,174.94$ 70.24$ 38 Building Official Mid-Mgmt 126,281.24$ 10,523.44$ 60.71$ 132,595.27$ 11,049.61$ 63.75$ 139,225.04$ 11,602.09$ 66.94$ 146,186.24$ 12,182.19$ 70.28$ 153,495.58$ 12,791.30$ 73.80$ 39 Dep. Dir. of PW / Maint & Utilities Mid-Mgmt 129,438.21$ 10,786.52$ 62.23$ 135,910.11$ 11,325.84$ 65.34$ 142,705.60$ 11,892.13$ 68.61$ 149,840.87$ 12,486.74$ 72.04$ 157,332.91$ 13,111.08$ 75.64$ 38 City Clerk Executive 130,506.33$ 10,875.53$ 62.74$ 137,031.61$ 11,419.30$ 65.88$ 143,883.19$ 11,990.27$ 69.17$ 151,077.36$ 12,589.78$ 72.63$ 158,631.23$ 13,219.27$ 76.27$ 39 Marine Safety Chief Executive 133,768.93$ 11,147.41$ 64.31$ 140,457.37$ 11,704.78$ 67.53$ 147,480.21$ 12,290.02$ 70.90$ 154,854.20$ 12,904.52$ 74.45$ 162,596.94$ 13,549.75$ 78.17$ 37 Police Sergeant PMA 137,276.04$ 11,439.67$ 66.00$ 144,139.96$ 12,011.66$ 69.30$ 151,346.95$ 12,612.25$ 72.76$ 158,914.29$ 13,242.86$ 76.40$ 166,860.03$ 13,905.00$ 80.22$ 37A Police Lieutenant PMA 140,708.04$ 11,725.67$ 67.65$ 147,743.45$ 12,311.95$ 71.03$ 155,130.62$ 12,927.55$ 74.58$ 162,887.16$ 13,573.93$ 78.31$ 171,031.51$ 14,252.63$ 82.23$ 47 Dep. Dir. of PW / City Engineer Mid-Mgmt 157,707.88$ 13,142.32$ 75.82$ 165,593.27$ 13,799.44$ 79.61$ 173,872.93$ 14,489.41$ 83.59$ 182,566.56$ 15,213.88$ 87.77$ 191,694.86$ 15,974.57$ 92.16$ 44 Police Captain PMA 163,178.21$ 13,598.18$ 78.45$ 171,337.11$ 14,278.09$ 82.37$ 179,903.96$ 14,992.00$ 86.49$ 188,899.17$ 15,741.60$ 90.82$ 198,344.13$ 16,528.68$ 95.36$ 51 Director of Finance Executive 179,904.35$ 14,992.03$ 86.49$ 188,899.60$ 15,741.63$ 90.82$ 198,344.49$ 16,528.71$ 95.36$ 208,261.66$ 17,355.14$ 100.13$ 218,674.85$ 18,222.90$ 105.13$ 52 Director of Community Development Executive 179,904.35$ 14,992.03$ 86.49$ 188,899.60$ 15,741.63$ 90.82$ 198,344.49$ 16,528.71$ 95.36$ 208,261.66$ 17,355.14$ 100.13$ 218,674.85$ 18,222.90$ 105.13$ 55 Director of Public Works Executive 198,580.70$ 16,548.39$ 95.47$ 208,509.73$ 17,375.81$ 100.25$ 218,935.17$ 18,244.60$ 105.26$ 229,881.96$ 19,156.83$ 110.52$ 241,376.03$ 20,114.67$ 116.05$ 57 Assistant City Manager Executive 205,753.29$ 17,146.11$ 98.92$ 216,040.96$ 18,003.41$ 103.87$ 226,843.02$ 18,903.59$ 109.06$ 238,185.17$ 19,848.76$ 114.51$ 250,094.40$ 20,841.20$ 120.24$ 59 Chief of Police Executive 219,195.91$ 18,266.33$ 105.38$ 230,155.74$ 19,179.65$ 110.65$ 241,663.48$ 20,138.62$ 116.18$ 253,746.67$ 21,145.56$ 121.99$ 266,434.01$ 22,202.83$ 128.09$ 65 City Manager N/A 270,000.00$ Date of Revision: n/a; draft Reason: proposed addition of HR Manager Authorization: n/a Effective pay period: n/a City of Seal Beach Effective as of 07/01/2025 Full-Time Employees Salary Schedule FY 2025-2026 ATTACHMENT B: PROPOSED FULL-TIME EMPLOYEES SALARY SCHEDULE Human Resources Manager Department/Division:City Manager’s Office Reports To:City Manager Provides Direction To:Not applicable Labor Group Mid-Management and Confidential Exemption Status:Exempt Date Prepared:September 8, 2025 Date Adopted by City Council:September 8, 2025 GENERAL PURPOSE Under general direction, performs complex, professional, and analytical work across a range of human resources functions, including labor relations, recruitment and selection, classification and compensation, benefits administration, training, risk management, and workers’ compensation; leads and coordinates Citywide personnel-related initiatives; and provides high-level staff support to the City Manager. DISTINGUISHING CHARACTERISTICS This is a management-level classification responsible for leading and coordinating the City’s human resources programs. The position requires advanced professional expertise and independent judgment in areas such as recruitment and selection, classification and compensation, employee and labor relations, benefits administration, risk management, and workers’ compensation. The role is focused on achieving City and departmental objectives. This role provides high-level professional support to the City Manager and plays a critical role in ensuring Citywide human resources compliance, consistency, and effectiveness. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. Plans, directs, and oversees all Human Resources and Risk Management programs, including recruitment, labor and employee relations, benefits administration, classification and compensation, workers’ compensation, and workplace investigations. Supervises, trains, and evaluates staff; assigns work and establishes goals to ensure efficient service delivery and compliance with policies and regulations. Human Resources Manager Page 2 of 4 Prepares and administers the department budget; monitors expenditures and ensures alignment with fiscal policies. Coordinates citywide recruitment and selection processes, ensuring compliance with employment laws and best practices in diversity, equity, and inclusion. Administers employee benefits programs and serves as liaison between employees and vendors on health, retirement, and other benefit plans. Manages the City’s classification and compensation system, including job description updates, salary studies, and market analysis. Oversees leave administration programs (e.g., FMLA, CFRA, ADA, PDL) and ensures compliance with applicable laws and policies. Directs risk management functions, including oversight of workers’ compensation, claims investigations, liability assessments, ADA accommodations, and Fit for Duty evaluations. Conducts or oversees personnel investigations and advises departments on employee relations, disciplinary matters, and grievance procedures. Leads or supports labor negotiations; develops strategies, interprets agreements, and advises management on labor-related issues. Administers consultant and vendor contracts, including drafting RFPs, evaluating proposals, and monitoring service delivery. Develops and delivers training programs to support staff development and regulatory compliance. Maintains accurate HRIS and personnel records in accordance with confidentiality and retention standards. Prepares reports, presentations, and policy recommendations; responds to complex inquiries and represents the department at Council and interdepartmental meetings. These are not to be construed as exclusive or all inclusive. Other duties may be required and assigned. QUALIFICATIONS GUIDELINES Knowledge of: Principles and practices of public sector human resources, including recruitment, classification, compensation, benefits, labor relations, performance management, and risk management. Federal and state employment laws and regulations (e.g., FMLA, CFRA, ADA, FEHA, Cal/OSHA) and their application in a municipal setting. Labor negotiations, contract administration, grievance handling, and disciplinary procedures. Risk management strategies, including claims handling, liability assessment, and workers’ compensation. Public administration, organizational development, budget preparation, and fiscal oversight. Human Resources Manager Page 3 of 4 Modern HR technology systems, including HRIS, applicant tracking, and common business software. Supervision principles, staff development techniques, and performance evaluation methods. Effective communication, conflict resolution, and customer service practices. Ability to: Plan, manage, and coordinate complex human resources and risk management functions. Interpret and apply laws, regulations, contracts, and policies consistently and effectively. Analyze issues, evaluate options, and implement solutions aligned with organizational goals. Exercise discretion, sound judgment, and maintain confidentiality in sensitive matters. Lead and develop staff; foster collaboration and accountability. Communicate clearly and effectively, both orally and in writing, to a variety of audiences. Prepare and manage departmental budgets and reports. Build positive working relationships across departments and with outside stakeholders. Manage multiple priorities in a dynamic environment with attention to detail and deadlines. Demonstrate professionalism, integrity, and adaptability in a public service role. Demonstrate flexibility and initiative, including the ability to work extended hours as needed. EDUCATION/ TRAINING/EXPERIENCE: A Bachelor's degree from an accredited college or university with major coursework in Personnel or Human Resources Management, Business Administration, Public Administration or a related field. EXPERIENCE & TRAINING: A minimum of five (5) years of progressively responsible professional experience in public sector human resources administration, covering key functional areas such as recruitment and selection, classification and compensation, employee and labor relations, performance management, training and development, risk management, and benefits administration. LICENSES AND CERTIFICATIONS Valid Class C California Driver’s License with an acceptable driving record is required. Human Resources Manager Page 4 of 4 Certifications & Associations in one or more of following is desirable: ARM - Associate in Risk Management ARM-P - Associate in Risk Management for Public Entities CalPELRA - California Public Employer Labor Relations Association CLRP - Certified Labor Relations Professional CRMP - Certified Risk Management Professional HRCI - Society Human Resource Management Certification IPMA-CP – International Public Management Association Certified Professional IPMA-HR - International Public Management Association for Human Resources IPMA - SCP - International Public Management Association Senior Certified Professional PHR - Professional in Human Resources PHRca - Professional in Human Resources – California RIMS – Risk and Insurance Management Society SPHR - Senior Professional in Human Resources PHYSICAL DEMANDS AND WORKING CONDITIONS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands Work is performed primarily in a standard office environment with occasional travel to off- site locations. Duties require prolonged or intermittent periods of sitting, standing, walking, reaching, bending, and twisting at the waist. The position involves frequent use of a computer, requiring hand and finger dexterity, wrist movement, and tolerance to screen glare, vibration, and varying pitch. Depending on the assignment, the position may require kneeling, pulling, and carrying materials. Must be able to safely lift and carry files, books, and reports weighing up to 25 pounds, and retrieve items from low and high storage areas such as file drawers or countertops. Specific vision abilities required by this job include close vision and the ability to adjust focus. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; and interact appropriately City staff, contractors, vendors, general public, and others in the course of work. Agenda Item I AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Consideration of Award of Public Works Agreement to Covenant Technical Solutions, Inc., and Approval of Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services, Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services, and Authorization to Enter Into a New Orange County Water District Producer Well Construction Loan Agreement, and Approval for Budget Amendment BA #26-03-03, for the Lampson Well Treatment System Project, CIP WT1902 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7689: 1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and, 2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive; and, 3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non-responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and, Page 2 2 0 1 1 5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and, 6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the not-to-exceed amount of $494,722, and rejecting all other proposals; and, 7. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and, 8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and, 9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and, 10. Approving Budget Amendment BA #26-03-03 in the amount $2,550,000 for CIP WT1902. BACKGROUND AND ANALYSIS: Lampson Well Treatment System, CIP WT1902, Solicitation for Bids On June 3, 2025, the City solicited public bids for the Lampson Well Treatment System (Project), CIP WT1902, and subsequently issued three (3) official addenda. The original Notice Inviting Bids, Instructions to Bidders and Bid Specifications, Addendum No. 1, Addendum No. 2 and Addendum No. 3 (collectively “Bid Documents”) may be reviewed in the Public Works Department and are not included with this staff report due to their length. Copies of Addendum No. 1 and Addendum No. 2 are also included with this staff report. (Attachments H and I) On July 16, 2025, the City Clerk’s office received six (6) bids with the following base bid results: Page 3 2 0 1 1 Rank Contractor Total Base Bid Low*RE Chaffee Construction, Inc. (Chaffee) $5,421,340.00 2 Covenant Technical Solutions, Inc. (CTC) $5,649,257.00 3**Metro Builders & Engineering Group, Ltd. (Metro Builders) $7,722,445.00 4 MMC, Inc. $8,147,500.00 5 R C Foster Corporation $8,541,450.00 6***Environmental Construction, Inc. $9,409,152.00 *Staff recommends City Council find the Chaffee Bid as non-responsive. **Metro Builder’s bid listed a base bid of $7,722,445.00, but their actual total base bid is $7,732,445.00. The discrepancy appears to be an error in totaling the individual bid line items. ***Environmental Construction, Inc.’s bid listed a base bid of $9,494,072, but their actual total base bid is $9,409,152. The discrepancy is due to an error in totaling the individual bid line items. On July 22, 2025, Metro Builders, the third lowest bidder, submitted a bid protest to the City alleging that the bids of Chaffee (the apparent low bidder) and CTS (the second lowest bidder) were non-responsive and should be rejected, and that the City should award the contract to Metro Builders (Attachment E). Metro Builders identified the following grounds for its bid protest: 1. Chaffee’s bid overlooked the contractor’s procurement responsibilities for furnishing and installing filter equipment and filter media required by Bid Item 31 (Transport and Install Four Owner-Furnished 12-Diameter Steel Pressure Vessels). According to Metro Builders, Chaffee submitted a bid price of $70,000 for this line item, “which appears unreasonably low given the complexity and cost of the filter equipment and filter media.” 2. CTS’s technical ability and experience references were not completed by CTS as required, because the listed projects were started and completed prior to the license issue date, contrary to the requirements of the bidder’s questionnaire. On August 25, 2025, Chaffee submitted a letter responding to the Metro Builders bid protest, acknowledging that their bid did not include the cost of the pressure vessels, but contended they followed the requirements of the Bid Documents as amended by Addendum No. 2, Question 6. They also asked the City to reject all bids and rebid the Project (Attachment F). On August 29, 2025, CTS submitted a letter responding to Metro Builders’ protest with regard to the CTS bid (Attachment G). A. Metro Builders Protest of the Chaffee Bid In its protest against the apparent low bidder, Metro Builders contends that the Chaffee bid failed to include the cost of steel pressure vessels, and that this Page 4 2 0 1 1 omission rendered the Chaffee bid non-responsive. Chaffee’s response to the protest concedes that their bid did not include the cost of the vessels, but contends that it followed the requirements of the Bid Documents. Based on staff’s review of the Bid Documents, Metro Builders’ protest letter, Chaffee’s response, and consultation with the City Attorney, staff recommends that the City Council find Chaffee’s bid is non-responsive and is rejected, for the following reasons. In responding to the protest, Chaffee stated as follows: “Our proposal did not include the cost of the pressure vessels; however, media costs were included. We prepared our bid in accordance with bid item No. 31 in addendum #2, which specifies OWNER-FURNISHED 12’ DIAMETER STEEL PRESSURE VESSELS PER PLANS. Additionally, Section 46-1300 – GAC FILTER VESSELS was replaced entirely by Section 46-1300 – GAC FILTRATION MEDIA, indicating that providing the vessels is not the contractor’s responsibility. Therefore, our proposal includes only the filtration media as outlined in the documents.” The Bid Documents included Bid Sheets requiring a bidder to list the cost for each individual bid line item. Bid Line Item 31 of the Bid Sheets provided “Furnish and Install Four (4) 12' Diameter Steel Pressure Vessels Per Plans LS 1” and provided spaces for a bidder to list the unit price and extended price for that item. Following issuance of the Bid Documents, the City received a question seeking clarification whether the City or the selected contractor would provide the filter vessels for the Project. Question 6 was answered in Addendum No. 2, as follows: “Question 6: Please confirm who is to procure the GAC vessels. a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels. Response to Question 6: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31.” (Emphasis added.) Section 46 1300 - GAC Filter Vessels, of the Bid Specifications originally stated that the City (Owner) has procured the filter vessels to be installed by the contractor. The original language of Spec section 46-1300 1.01 A originally provided that the City had procured the vessels (“The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels.”) Addendum No. 2, Question 6 deleted that language and replaced it with the following: “The Page 5 2 0 1 1 CONTRACTOR shall procure and install filter media for all four (4) filter vessels.” (Emphasis added.) Examination of the bids submitted reflects that the Chaffee’s bid on this line item was significantly lower than the line item bids received from the other bidders, that all other bidders understood that the bid item was to include the cost of both furnishing and transporting the vessels, and that Chaffee misread the Bid Documents which, in Addendum No. 2, clearly and expressly stated that the contractor shall both procure and install the filter vessels. Chaffee’s failure to include the filter vessel cost significantly understated the base bid. The engineer’s estimate for the filter vessels was $1,250,000, and the other bids submitted prices that ranged from $760,000 to $1,450,000, amounts that were between ten and twenty times higher than Chaffee’s bid for that time. The bids submitted for the filter vessels (Line Item 31), reflect the following: Bid Line Item 31 Unit Price Extended Price Engineer’s Estimate $1,250,000 $1,250,000 Chaffee Construction $70,000 $70,000 Covenant Technical Solutions $760,000 $760,000 Metro Builders $1,138,833 $1,138,833 MMC, Inc.$1,450,000 $1,450,000 R C Foster Corporation $1,419,000 $1,419,000 Environmental Construction, Inc.$1,326,320 $1,326,320 Under California’s bidding laws, any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of Chaffee’s bid; (b) give Chaffee an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Based on a detailed analysis of the bids and Bid Documents, it is staff’s recommendation that the City Council find that Chaffee’s bid was non- responsive because it failed to include the cost to both furnish and transport the four (4) steel vessels, and that this omission was due to a unilateral mistake by Chaffee in reading the bid requirements. Chaffee’s mistake affects the amount of Chaffee’s base bid, because their mistake seriously understates the cost of the Project, affects the bid price, and would be unfair to other bidders who submitted a correct, higher bid based on the bid instructions. Their unilateral mistake was material, because it affects a core component of the bid -- the total price and scope of work. For these reasons, staff recommends that the City Council find that it would be in the best interest of the City to sustain the protest and reject Chaffee’s bid because there is a material error or omission that renders Chaffee’s bid as non-responsive, that its mistake is material and cannot be waived by the City, and sustain the Metro Builder’s bid protest and reject the Chaffee bid as non-responsive. Page 6 2 0 1 1 B. Metro Builders Protest of the CTS Bid Metro Builders also submitted a bid protest challenging the CTS bid as non- responsive, on the grounds that CTS does not have the requisite experience as required by the Bid Documents. Metro Builders relied on the original Bid Specifications language related to the “Bidders Project History” and “Bidder’s Critical Staff” forms. However, as CTS provided in its response letter, in Addendum No. 1, the City’s response to Question 3 shows that the City revised the “Bidder’s Project History” and “Bidder’s Critical Staff” forms to allow project history and experience to be attributed to the bidder’s project management team. This revision permits the inclusion of relevant experience gained by team members during prior employment with other firms. CTS’ bid was in compliance with the Bid Documents. Further, any contention that CTS does not have the requisite experience to perform the Project goes to the question of whether CTS is a responsible bidder, not whether its bid was responsive. The question of “responsibility” addresses whether the bidder meets the City's standards for experience, reliability, and capability. The determination of whether a bidder is "responsible" is at the discretion of the City and is based on its assessment of the contractor's quality, fitness, capacity, and experience. In addition, the City cannot reject CTS based on a finding that it is not responsible, without first providing CTS with a due process hearing. Based upon the references, qualifications, work experience, and cost, staff recommends that the City Council overrule the bid protest, deem CTS’ bid as responsive and that CTS is the lowest responsible bidder at the base bid price of $5,649,257.00, award the Project to CTS, waive any minor irregularities in the CTS bid, and reject all other bids. The Project plans are available in the City Engineer’s office. C. Additional Comments and Recommendations Staff further recommends, in connection with the CTS bid, that the City Council authorize the City Manager to approve additional work requests, construction support/testing up to a not-to-exceed amount of $565,000. The scope of work includes the procurement, construction, and installation of a complete water treatment system, including, but not limited to, vessels, filter media, piping, structural concrete, excavation, electrical and control systems, air compressors, flow meters, and a wastewater pipeline upgrade. The Project is tentatively scheduled to begin the mobilization and procurement phase in the Fall of 2025. While most work would take place on the Project site, intermittent traffic impacts along Lampson Avenue should be expected. Specific construction impacts would be relayed to the public as the construction schedule is further defined. Page 7 2 0 1 1 Lampson Well Treatment System, Engineering Services - Pacific Advanced Civil Engineering, Inc. (PACE) On December 19, 2019, the City entered into an informal Professional Services Agreement (PSA) with PACE in the amount of $33,000 to complete a Pilot program (Pilot) to analyze the viability of using a Hybrid Biological Activated Carbon (HBAC) treatment to reduce/remove the nuisance odor resulting from H2S. The Phase 1 Pilot results yielded additional treatment options to further investigate necessitating an amendment for additional services. On April 27, 2020, City Council adopted Resolution 7019 approving Amendment 1 for additional services for the Pilot, increasing the total not-to-exceed contract amount to $62,500. On March 22, 2021, City Council adopted Resolution 7125 approving Amendment 2 to prepare the permanent H2S removal system design versus soliciting for additional design proposals, as allowable by Seal Beach Municipal Code 3.20.025(c). This Amendment increased not-to-exceed total contract amount to $441,605. In addition to the design of the treatment system, Amendment 2 scope of work included the procurement, fabricating and programming of five (5) Program Logic Controllers (PLC), a long lead item, to provide automated and manual controls for the HBAC treatment system. During the design of the Lampson Well Treatment System, a 36-foot section of existing sewer pipe was found to be reduced from 8 inches to 4 inches, which is not adequate for the high backwash flows expected from the new system. To resolve this, the City and PACE agreed that PACE would install a parallel 8-inch pipe and an on-site retention tank to manage the increased flow. Additional engineering work included design changes, coordination with the California State Water Resource Control Board, and various system modifications. Due to the project’s complexity, additional construction engineering support and future semi- automation programming by PACE are also anticipated. To date, the PLC panels have been received by the City and are being stored at the Lampson Well site. Staff recommends approving Amendment 3 to increase the PACE PSA compensation by $144,870, for a total not-to-exceed contract amount of $586,475, and to extend the term through and including June 30, 2028. Lampson Well Treatment System, Construction Management & Inspection Services - Butier Engineering, Inc. (Butier) On May 7, 2025, the City issued a Request for Proposals (RFP) for the Lampson Well Treatment System – Construction Management & Inspection Services and released one (1) addendum. Staff received seven (7) proposals and evaluated them based on the criteria outlined in the RFP. Staff interviewed the top three (3) firms and determined that Butier was the most qualified and the best fit for the project. Page 8 2 0 1 1 Butier has nearly 50 years of experience providing construction management and inspection services for public agencies on similar water treatment projects throughout Southern California. The firm focuses solely on independent construction management for various public entities and has over 20 years of experience working in the Orange County Groundwater Basin. Based in Tustin, with key staff based within the local area, Butier is well-positioned to provide responsive, hands-on support for the project. Staff recommends approving a PSA with Butier for Construction Management & Inspection Services in the amount of $494,722 and authorizing the City Manager to approve additional construction management services up to $50,000 in connection with the Project. Orange County Water District (OCWD) Producer Well Construction Loan The California State Legislature has granted OCWD the statutory authority to manage, regulate, replenish, and protect the quality of groundwater supplies within its service boundaries. Under the OCWD Act, the District is also authorized to enter into agreements with groundwater producers to increase groundwater production in lieu of using alternative non-tributary sources. These agreements aim to facilitate the removal of contaminants or pollutants from the groundwater basin, with OCWD funding a portion of the production costs to promote the beneficial use of impaired groundwater and improve overall water quality within the District. In December 2024, the City submitted an application to OCWD for a loan through the OCWD Producer Well Construction Loan Program, in the amount of $4,450,000 over a 20-year term. The purpose of the loan is to provide treatment for the City’s high production Lampson Well (4,000 gpm) which has hydrogen sulfide and odor at higher flow rates, in order to provide a meaningful increase in the amount of groundwater the City can safely and reliably produce from the Basin. On February 19, 2025, OCWD’s Board of Directors approved a Producers Well Construction Loan Agreement for the City of Seal Beach based on the City’s request for $4,450,000. On March 10, 2025, the City Council adopted Resolution 7623, approving the OCWD Producer Well Construction Loan Agreement in the amount of $4,450,000 for the Project. Due to increased construction costs identified through the current public bidding process, and the addition of necessary construction management Services, the City is requesting an amendment to the loan amount to $7,000,000, subject to approval by the OCWD Board on September 10, 2025. Since no funds have been expended, OCWD staff will be recommending to cancel the existing agreement and issue a new agreement with the higher loan amount. Staff anticipates that revisions to the new agreement will be minimal and therefore requests authorization for the City Manager to execute the agreement upon approval by the OCWD Board. However, should the final agreement contain significant language changes, staff will bring it back to the City Council for review and approval. Page 9 2 0 1 1 In addition, staff requests a budget adjustment to increase the CIP WT1902 allocation in the adopted FY 2025–2026 budget from $4,980,167 to $7,530,167, to reflect the funding needs outlined in the Fiscal Impact section. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because this project is an alteration of a publicly owned utility facility involving negligible expansion of existing use. LEGAL ANALYSIS: The City Attorney has reviewed the agreements and approved the resolution as to form. FINANCIAL IMPACT: Funding for this project is contingent on OCWD approval of the City’s amended loan request of $2,550,000, increasing the total loan to $7,000,000. Funding has been allocated for the Lampson Well Treatment System (CIP WT1902) in the FY 2025-2026 Capital Improvement Program budget. Staff is requesting a budget amendment which will update the project budget to reflect the revised OCWD loan amount. The table below represents the proposed budget amendment for this project: The Water and Sewer Rate Adjustment approved on August 11, 2025 was based on an assumed construction-related cost of $5,072,863. Due to ongoing industry volatility, it is recommended that the City Council authorize the additional OCWD loan amount and utilize reserves to cover the associated debt service increase. The table below presents the estimated breakdown of the Project construction cost: Description Amount Pilot Project and Design (completed)$530,167 Construction CTS - Total Base Bid $5,649,257 Page 10 2 0 1 1 Contingency (approx. 10%)$565,000 Construction Cost $6,214,257 Construction Support PACE Amendment 3 – Engineering $144,870 Butier – Construction Management $494,722 Butier – Contingency (approx.10%)$50,000 Construction Support Cost $689,592 Estimated CIP WT1902 Project Cost $7,434,016 Any unspent funds will be returned to the original funding source. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7689: 1. Approving the plans, specifications, and contract documents for the Lampson Well Treatment System Project, CIP WT1902 (Project); and, 2. Sustaining the bid protest of Metro Builders & Engineers Group, Ltd. (Metro Builders), and rejecting the bid of apparent low bidder, RE Chaffee Construction, Inc. (Chaffee), as non-responsive; and, 3. Awarding a Public Works Agreement with Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overruling the bid protest filed by Metro Builders contending that the bid was non-responsive, finding that CTS is the lowest responsible bidder, waiving minor bid irregularities in the bid, and rejecting all other bids; and, 4. Authorizing the City Manager to execute the Public Works Agreement with Covenant Technical Solutions, Inc. for the Project; and authorizing the City Manager to approve additional work requests and construction support/testing/inspection services up to $565,000 (approximately 10%), in connection with the Project; and, 5. Approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed amount of $586,475 for the Project; and, Page 11 2 0 1 1 6. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project in the not-to-exceed amount of $494,722, and rejecting all other proposals; and, 7. Authorizing the City Manager to execute a Professional Services Agreement for Construction Management and Inspection Services with Butier Engineering, Inc. for the Project; and authorizing the City Manager to approve additional construction management and inspection services up to $50,000 (approximately 10%), in connection with the Project; and, 8. Approving and Authorizing the City Manager to execute a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000; and, 9. Directing the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan Agreement amount; and, 10. Approving Budget Amendment BA #26-03-03 in the amount $2,550,000 for CIP WT1902. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7689 B. Public Works Agreement with Covenant Technical Solutions, Inc. C. Chaffee Construction, Inc. Bid Proposal D. Covenant Technical Solutions, Inc. Bid Proposal E. Metro Builders & Engineers Group, Ltd.’s Bid Protest dated July 22, 2025 F. RE Chaffee Construction Response to Bid Protest, dated August 25, 2025 G. Covenant Technical Solutions, Inc. Response to Bid Protest dated August 29, 2025 (with enclosures). H. Addendum No. 1 dated June 16, 2025, from Bid Documents I. Addendum No. 2 dated June 26, 2025, from Bid Documents J. Amendment 3 to PSA with Pacific Advanced Civil Engineer, Inc. K. Amendment 2 to PSA with Pacific Advanced Civil Engineer, Inc. L. Amendment 1 to PSA with Pacific Advanced Civil Engineer, Inc. M. Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. N. Professional Services Agreement with Butier Engineering, Inc. O. OCWD Producer Well Construction Loan Agreement, dated February 19, 2025 RESOLUTION 7689 RESOLUTION AWARDING A PUBLIC WORKS AGREEMENT WITH COVENANT TECHNICAL SOLUTIONS, INC., APPROVING AMENDMENT 3 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR ENGINEERING SERVICES, PROFESSIONAL SERVICES AGREEMENT WITH BUTIER ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES, AND AUTHORIZATION TO ENTER INTO A NEW ORANGE COUNTY WATER DISTRICT PRODUCER WELL CONSTRUCTION LOAN AGREEMENT, APPROVING BUDGET AMENDMENT BA #26-03-03; AND AUTHORIZING THEIR EXECUTION BY THE CITY MANAGER; FOR THE LAMPSON WELL TREATMENT SYSTEM PROJECT, CIP WT1902 WHEREAS, on June 3, 2025, the City solicited public bids for the Lampson Well Treatment System Project (Project), CIP WT1902, and received six (6) bids in response to the solicitation; and, WHEREAS, based on the bids opened on July 16, 2025, the apparent low bidder is RE Chaffee Construction, Inc. (Chaffee) in the amount of $5,421,340; the second low bidder is Covenant Technical Solutions (CTS) in the amount of $5,649,257, and the third low bidder is Metro Builders & Engineering Group, Ltd (Metro Builders) in the amount of $7,722,445; and, WHEREAS, on July 22, 2025, Metro Builders submitted a bid protest to the City alleging that the Chaffee bid and CTS bid were each non-responsive because: 1. The bid summited by the apparent low bidder, Chaffee, overlooked the contractor’s procurement responsibilities for furnishing and installing filter equipment and filter media; and, 2. The bid submitted by the second low bidder, CTS did not include a complete technical ability and experience reference as required by the bidder’s questionnaire; and, WHEREAS, on August 25, 2025, Chaffee submitted a response letter to the Metro Builders bid protest, acknowledging that Chaffee’s bid failed to include the cost of filter vessels, but contended that its bid was submitted in compliance with the Notice Inviting Bids, Instructions to Bidders, and Bid Item No. 31 as amended by Question 6 of Addendum No. 2, and requested that the City reject all bids and re- bid the Project; and, WHEREAS, on August 29, 2025, CTS submitted a letter responding to the Metro Builders protest, stating that CTS’ bid was responsive and responsible, because 5 9 1 1 its bid correctly listed its project history and bidder’s critical staff based on the Bid Specifications, as modified by Addendum No. 1, response to Question 3, and meets the qualifications for the Project; and, WHEREAS, based on the City’s detailed bid analysis, review of the Notice Inviting Bids and Instructions to Bidders, the Bid Specifications, and Addenda No. 1, No. 2 and No. 3, (collectively “Bid Document”) and consultation with the City Attorney’s office, the City Council hereby finds that there are material errors or omissions that render Chaffee’s bid non-responsive due to Chaffee’s unilateral mistake in reading the Bid Documents. Further, the irregularity or informality in the Chaffee bid cannot be waived because Chaffee’s mistake affects the amount of Chaffee’s bid by significantly understating the cost of the Project; gives Chaffee an advantage over other bidders; and affects the ability to make bid comparisons. Due to Chaffee’s unilateral mistake, the City Council therefore finds that it is in the best interest of the City to sustain the protest and reject Chaffee’s bid as non-responsive; and, WHEREAS, based on the City’s detailed bid analysis, review of the Bid Documents, and consultation with the City Attorney’s office, the City Council hereby overrules the protest filed by Metro Builders with respect to the CTS bid, because the Bid Specifications were modified by Addendum No. 1, response to Question 3, regarding project history and bidder’s critical staff and was therefore responsive because it lists the necessary experience of its critical staff; and that its bid demonstrates that it has the requisite skills, experience and training and is the lowest responsible bidder; and therefore the City Council finds that it is in the best interest of the City to accept CTS’s bid as the lowest responsible bid for the Project, to overrule the bid protest filed by Metro Builders, waive any potential irregularities or informalities in the CTS bid, and reject all other bids; and, WHEREAS, CTS submitted the lowest responsible bid in the amount of $5,649,257 to perform the Project; and, WHEREAS, upon reviewing the Bid Documents, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that CTS is a qualified firm to perform the Project; and, WHEREAS, the City is currently under contract with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Services for the Project; and, WHEREAS, due to design changes, coordination and various system modifications needed during the design phase and additional engineering support and future semi-automation programming, staff is requesting approval of Amendment 3 to the Professional Services Agreement (Agreement) to extend the term through June 30, 2028, and increase compensation by $144,870, for a total not-to-exceed contract amount of $586,475; and, WHEREAS, on May 7, 2025, the City issued a Request for Proposals (RFP) for 5 9 1 1 the Lampson Well Treatment System – Construction Management & Inspection Services and released one (1) addendum; and, WHEREAS, based on staff’s evaluation of the proposals and interviews, determined that Butier Engineering, Inc. (Butier) as the most qualified; and, WHEREAS, on March 10, 2025, the City Council adopted Resolution 7623, approving an Orange County Water District (OCWD) Producer Well Construction Loan Program in the amount of $4,450,000 for the Project; and, WHEREAS, due to increased construction costs identified in the Project’s bid and the addition of construction management services, City has requested an amendment to the loan amount bringing it to $7,000,000, subject to OCWD Board approval on September 10, 2025. WHEREAS, the FY 2025-2026 CIP WT1902 budget was originally approved at $4,980,167 and now requires an update to reflect the revised OCWD loan amount, upon OCWD approval, resulting in a new total of $7,530,167. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: SECTION 1. The City Council finds that all Recitals set forth above are true and correct, and incorporates them herein by this reference. SECTION 2. The City Council hereby approves the plans and specifications for the Project. SECTION 3. Based on the recitals set forth above, the City Council hereby sustains the bid protest filed by Metro Builders & Engineers Group, Ltd (Metro Builders) against the bid of RE Chaffee Construction, Inc. (Chaffee), deems Chaffee bid to be non-responsive, and rejects the Chaffee bid. SECTION 4. Based on the recitals set forth above, the City Council hereby awards a Public Works Agreement to Covenant Technical Solutions, Inc. (CTS) for the Project in the not-to-exceed amount of $5,649,257, overrules the bid protest filed by Metro Builders contending that the CTS bid was non-responsive, finds that CTS is the lowest responsible bidder, waives any irregularities in the CTS bid, and rejects all other bids. SECTION 5. The City Council hereby authorizes and directs the City Manager to execute the Public Works Agreement with CTS on behalf of the City. SECTION 6. The City Council hereby authorizes the City Manager to approve 5 9 1 1 additional work requests and construction support/testing/inspection services by CTS up to $565,000 (approximately 10%), in connection with the Project. SECTION 7. Based on the recitals set forth above, the City Council hereby authorizes and directs the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services extending the term through and including June 30, 2028, and increasing the compensation by $144,870 for a revised total not-to-exceed contract amount of $586,475 for the Project. SECTION 8. Based on the recitals set forth above, the City Council hereby awards a Professional Services Agreement to Butier Engineering, Inc. to provide construction management and inspection services for the Project in the not-to-exceed amount of $494,722, and rejects all other proposals. SECTION 9. The City Council hereby authorizes and directs the City Manager to execute the Professional Services Agreement with Butier Engineering, Inc. SECTION 10. The City Council hereby authorizes the City Manager to approve additional construction management and inspection services by Butier Engineering, Inc. up to $50,000 (approximately 10%), in connection with the Project. SECTION 11. Upon approval by OCWD, the City Council hereby authorizes and directs the City Manager to enter into a new Orange County Water District Producer Well Construction Loan Agreement reflecting an updated loan amount of $7,000,000. SECTION 12. The City Council hereby authorizes the City Manager to accept and expend the revised Orange County Water District Producer Well Construction Loan amount. SECTION 13. The City Council hereby approves Budget Amendment BA #26-03-03 allocating funds as follows: 5 9 1 1 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7689 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT LAMPSON WELL TREATMENT SYSTEM PROJECT CIP NO. WT1902 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Covenant Technical Solutions, Inc. 668 Glen Road Danville, California 94526 (925) 967-5232 THIS CONTRACT (“Contract”) is made as of September 8, 2025, by and between the City of Seal Beach, a California charter city (“City”), and Covenant Technical Solutions, Inc., a Delaware Corporation (“Contractor”) (collectively, “the parties” and individually, a “party”). 2 RECITALS A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Lampson Well Treatment System, WT1902 (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated June 3, 2025; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 23, 2025 in the amount of $5,649,257 (“Bid” hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed “A” General Engineering Contractor (State Contractor's license number (License #) 1123021, DIR #2000001034; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as the Lampson Well Treatment System, WT1902 project (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be 3 required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non-Collusion Declaration (Exhibit H), Contractor’s Industrial Safety Record (Exhibit I), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal with Bid Sheets (Exhibit K). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of September 8, 2025 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor’s Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $5,649,257 (Five Million Six Hundred Forty-Nine Thousand Two Hundred Fifty-Seven dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 4 4. Contractor’s Personnel. 4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, prevailing wages, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law and California Labor Code regarding Contractor and Contractor’s employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of labor or personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, licensees, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated 5 therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 6 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 7 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, licensees, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take 8 out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it. 6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this 9 Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers authorizied to do business in California, with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by 10 this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Covenant Technical Solutions 668 Glen Road Danville, California 94526 Telephone: (925) 967-5232 Attn: Robert Craw 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder, without City’s prior written consent. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this Agreement shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys’ Fees. In the event that either party to this Contract shall 11 commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 12 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests; Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor 13 any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Robert Craw CEO EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: LAMPSON WELL TREATMENT SYSTEM – WT1902 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) Bond No. __________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: LAMPSON WELL TREATMENT SYSTEM – WT1902 (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT C WORKER’S COMPENSATION INSURANCE CERTIFICATE WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date By: Its Authorized Representative EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________ EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.” Date ___________________ Signature _______________________________________ EXHIBIT G STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS 1. Standard Specifications for Public Works Construction (“Greenbook”) 2. Construction Specifications Institute (“CSI”) EXHIBIT H NON-COLLUSION DECLARATION EXHIBIT I CONTRACTOR’S INDUSTRIAL SAFETY RECORD EXHIBIT J DESIGNATION OF SUBCONTRACTORS EXHIBIT K BID PROPOSAL (INCLUDING BID SHEETS) Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com July 22, 2025 City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 Attn: Ms. Kathryne Cho Subject: Bid Protest – Project WT 1902: Lampson Well Treatment System Project Bid Date: July 16, 2025 – Bid Protest Notification Dear Ms. Cho, On behalf of Metro Builders & Engineers Group, Ltd., we respectfully submit this formal bid protest regarding bids submitted by RE Chaffee Corporation and Covenant Technical Solutions for the above-referenced project, with a bid due as July 16, 2025, at 10:30 a.m. Upon review of RE Chaffee Corporation’s bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons: Bid Item 31 – Transport and Install Four (4) Owner-Furnished 12’ Diameter Steel Pressure Vessels: RE Chaffee Corporation submitted a price of $70,000 for this line item, which appears unreasonably low given the complexity and cost of the filter equipment and filter media. Based on the scope clarified in Addendum No. 2, Question 17, the contractor is responsible for furnishing and installing four (4) GAC vessels as part of Bid Item 31. It appears RE Chaffee may have overlooked the procurement responsibilities outlined in the bid documents. Upon review of Covenant Technical Solutions bid and the associated documents provided by the City of Seal Beach, we believe their bid is non-responsive for the following reasons: As per the bidder’s questionnaire, Covenant Technical Solutions (CTS) was issued contractor’s license on June 28th, 2024. As per the bidder’s technical ability and experience references submitted by CTS, they listed five (5) projects as listed below: 1. PFAS Treatment through GAC. Construction Dates: 3/1/20 - 3/1/23 2. Ground Water Remediation through UVAOP and GAC. Construction Dates: 10/1/19 - 10/1/24 3. Advances Water Treatment Facility through MBR, RO and UVAOP, Construction Dates: 11/1/17 – 11/1/22 4. PFOA/PFOS removal through GAC. Construction Dates: 1/1/17 – 7/1/17 5. Chromium-6 Treatment through GAC. Construction Dates: 6/1/18 – 12/1/18 All the listed projects were started and completed prior to the license issue date which indicates they were not performed by CTS. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com We respectfully request that the city thoroughly review the noted discrepancies and evaluate both bidders for compliance with the bid requirements. Based on this review, we urge the city to deem their bids non-responsive and award the project to Metro Builders & Engineers Group, Ltd. Sincerely, Richard Quattrocchi Engineering/Contracts Manager Metro Builders & Engineers Group, Ltd. Attachment: 1. Bid Line item for RE Chaffee 2. Addendum 2 3. Covenant Technical Services Technical Ability and Experience References and Contractors License Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 1 - BID LINE ITEM FOR RE CHAFFEE Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMENT 2 - ADDENDUM 2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 June 26, 2025 Addendum No. 2 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: 1. NOTICE INVITING BIDS DELETE the following: “BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am BIDS TO BE OPENED BY: July 2nd at 10:30 am” REPLACE with the following: “BIDS MUST BE RECEIVED BY: July 16th at 10:30 am BIDS TO BE OPENED BY: July 16th at 10:30 am” 2. CONTRACT DOCUMENT TITLE SHEET DELETE the following: “Bid Opening Date and Time: July 2nd at 10:30 am” REPLACE with the following: “Bid Opening Date and Time: July 16th at 10:30 am” 3. BID PROPOSAL The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A. Public Works Department of Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025: Question 1: Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless. Response to Question 1: Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0. Question 2: The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive. Normal/Stocked Pipe Spec; A/SA 312 TP Normal/Stocked Fitting Spec; A/SA 403 Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 3: AIS Material, or Import OK ? Response to Question 3: Import is acceptable. In Specification Section 40 05 60, DELETE the following paragraph 1.04C : AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US. Question 4: Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4: Please bid per plan and specifications. Question 5: Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds? Response to Question 5: The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services. Question 6: Please confirm who is to procure the GAC vessels. a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels. Response to Question 6: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. In Specification Section 46 13 00, DELETE the following: SECTION 46 1300 - GAC FILTER VESSELS PART 1 - GENERAL 1.01 THE REQUIREMENT A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals. 2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer. REPLACE with the following: SECTION 46 1300 – GAC FILTRATION MEDIA PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh. Question 7: Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded. Response to Question 7: This will be at the contractor’s discretion and submitted as a deferred submittal. Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility. Question 8: Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference. Response to Question 8: We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system. Question 9: Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel. Response to Question 9: There is no need for a gravel underbed. See Response #6 Question 10: Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u. They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating. Response to Question 10: Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer. Question 11: Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways. Response to Question 11: The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Question 12: Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc…. Response to Question 12: There is no existing or new Flowmeter at this location. P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE. C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE. Question 13: Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stub-ups. Response to Question 13: Please follow Note 12 in drawing sheet E0.0. Question 14: Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type? Response to Question 14: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 15: The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Response to Question 15: There is no need for a garnet bottom layer. See Response #6 Question 16: Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration? Response to Question 16: The primary mode of operation for the GAC vessels will be in a parallel configuration. Question 17: Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. See Response #6 Question 18: Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference. Response to Question 18: There is no need for a garnet bottom layer. See Response #6 Question 19: The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221. Response to Question 19: In the technical table of contents page 00 0110-4, DELETE the following: Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTER VESSELS 46 5110 COMPRESSED AIR SYSTEMS REPLACE with the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES 43 4221 GAC PRESSURE VESSEL SYSTEM DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTRATION MEDIA 46 5110 COMPRESSED AIR SYSTEMS Question 20: Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series. Response to Question 20: The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans. Question 21: Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2-03CPU-2. Response to Question 21: Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans. Question 22: Please clarify who is providing the SCADA programming. Response to Question 22: The City is responsible for the SCADA programming. Question 23: Could you please confirm if all control panels, including the PLCs, are owner-furnished? Also, could you advise on who is responsible for the programming? Response to Question 23: The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming. Question 24: We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline: • Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability. We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment. Response to Question 24: Bid Due date has been extended to July 16. END OF ADDENDUM Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 By order of the City of Seal Beach, ___________ _________________ 6/26/25 Deputy Director of Public Works/City Engineer Date Attachments - ATTACHMENT A – Updated Bid Proposal Sheets Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Newport Beach, CA 92663 – Phone: 949.515.4350 – Fax: 949.515.4351 – metrobuilders.com ATTACHMNT 3 - COVENANT TECHNICAL SERVICES TECHNICAL ABILITY AND EXPERIENCE REFERENCES AND CONTRACTORS LICENSE. Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 Docusign Envelope ID: 750D90D3-BEFC-46B5-BACB-3E2BE92D89E2 RE Chaffee Construction Inc. 1253 Evergreen Rd Suite 3 Wrightwood Ca 92397 Lic # 897948 8/25/25 Lampson Well Treatment Systems Project ( CIP No. WT 1902) Subject: Protest response. Our proposal did not include the cost of the pressure vessels; however, media costs were included. We prepared our bid in accordance with bid item No. 31 in addendum #2, which specifies OWNER-FURNISHED 12’ DIAMETER STEEL PRESSURE VESSELS PER PLANS. Additionally, Section 46-1300 – GAC FILTER VESSELS was replaced entirely by Section 46-1300 – GAC FILTRATION MEDIA, indicating that providing the vessels is not the contractor’s responsibility. Therefore, our proposal includes only the filtration media as outlined in the documents. Given the evident ambiguity in the specification, the most equitable approach would be to reject all bids and reissue a request for proposals to the open market. ________________________________________ Joe Iriberri, Project Manager August 25, 2025 SBLW-CTS-CSB-001 August 29, 2025 City of Seal Beach Public Works Department Iris Lee, Director of Public Works 211 Eighth Street Seal Beach, CA 90740 Re: Bid Protest Proposed Project: Lampson Well Treatment Systems Project (CIP No. WT 1902) Bid Opening Date: July 16, 2025 Dear Ms. Lee Covenant Technical Solutions (CTS) respectfully submits this response to the protest filed by Metro Builders & Engineers Group, Ltd, regarding our proposal for CIP No. WT 1902 / Lampson Well Treatment Systems Project. We appreciate the opportunity to address the concerns raised. 1. Protest Claim The protester asserts that our company should be deemed non-responsive or non-responsible because Covenant Technical Solutions is newly established and cited projects completed by our project management team while employed at previous firms, beyond the 5-year experience requirement. 2. Our Position We respectfully disagree with this assertion. The solicitation explicitly allowed the demonstration of experience through the qualifications and past performance of the project managements team, not solely the corporate entity per Addendum No.1, response to question #3, issued on June 16th, 2025. Our proposal complied fully with the requirements by: · Providing bidders project management teams project history by complying with “Listed below are the names, address, and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years”. o Project #1 - OCWD PFAS PFOA Design Build  CEO, Rob Craw not only furnished GAC vessels for Orange County Water District but also supported the Design Build eBorts for the vessels. o Project #2 - San Fernando Groundwater Remediation Progressive Design Build  SoCal VP of Operations, Blake DePaola held multiple roles on this project. First working as a Design Build Manager and then Project Managing the construction.  Construction Manager, Ron Newton managed the civil operations and coordinated all other trades for construction. o Project #3 - Santa Monica Sustainable Water Infrastructure Project (SWIP)  SoCal VP of Operations, Blake DePaola was the Design Build Manager from Conceptual Design Report to 100% IFC Design. o Project #4 - California American Water PFOA/PFOS Design Build  CEO, Rob Craw furnished GAC vessels for the project. o Project #5 - California American Water - Chromium-6 Treatment  CEO, Rob Craw furnished GAC vessels for the project  President, Bill Williams oversaw all construction operations. · Identifying the bidders project management team assigned to this project, including their specific roles and responsibilities and showing per Addendum No.1, response to question #3, SBLW-CTS-CSB-001 issued on June 16th, 2025 by “For these critical positions, please list at least three projects for which the critical staB has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project.” o SoCal VP of Operations, Blake DePaola as the Project Manager qualified his experience through the following projects.  San Fernando Groundwater Remediation Progressive Design Build  Executed under the Kiewit Company.  Santa Monica Sustainable Water Infrastructure Project (SWIP)  Executed under the Kiewit Company.  North City Water Reclamation Plant  Executed under the Kiewit Company. o Construction Manager, Ron Newton as the Construction Manager qualified his experience through the following projects.  San Fernando Groundwater Remediation Progressive Design Build  Executed under the Kiewit Company.  Southern First Aqueduct  Executed under the Kiewit Company.  Sofi Stadium  Executed under the Kiewit Company. · Demonstrating these individuals, who are now integral members of our firm, possess the necessary expertise to ensure successful performance. 3. Industry Standard & Precedent It is common procurement practice—particularly when evaluating newly formed companies—for evaluation to consider the past performance of key personnel. Agencies and procurement boards have consistently held that the relevant experience of proposed staB may be attributed to the oBeror when those staB will perform the work (e.g., GAO decisions such as Perini/Jones, Joint Venture, B-285906). 4. Compliance and Fairness Our submission was accurate, transparent, and fully consistent with the solicitation. We submitted question #3 to the City of Seal Beach, Public Works Department during the allowable question and answer period solicited by the RFP. The answer given by the City of Seal Beach, Public Works Department allowed Covenant Technical Solutions to submit experience per their response “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work which is stated below…” (Addendum No. 1 is attached and highlighted for reference) 5. Conclusion For these reasons, the protest lacks merit and should be denied. Covenant Technical Solutions remains fully responsive and responsible, and we are confident in our ability to deliver exceptional results on this project. We respectfully request that the protest be denied and that award proceed in accordance with the solicitations evaluation criteria. Sincerely, Blake DePaola, SoCal VP of Operations 668 Glen Rd Danville, CA 94526 bdepaola@covenanttechnical.com SBLW-CTS-CSB-001 Attachments: 1. Addendum No. 1 Dated June 16th, 2025 2. Bid Project Letter Dated August 28th, 2025 June 16, 2025 Addendum No. 1 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: Responses to Bid Questions Received as of June 16, 2025: Question 1: Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE FREQUENCY DRIVE (VFD) EQUIPMENT) Response to Question 1: Harmonic analysis is not required to be submitted with the bid package. DELETE the following paragraph 2.03E on specification section 262920: “E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date. 1. kVA rating of the low voltage distribution transformer(s) 2. X/R Ratio of utility low voltage distribution transformer(s) 3. Primary voltage 4. Secondary voltage 5. Secondary %IZ (impedance) 6. Length, size, & number of conductors between transformer LV side and distribution panel 7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail 8. Total linear load kW to be connected to the distribution transformer Public Works Department of 9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)” Question 2: Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices. Response to Question 2: On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section, DELETE the following: FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1. REPLACE with the following: “FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3: We request the below language in item to be accepted and incorporated into the bid documents: 1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..” 2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3: The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively. Bidders shall utilize these updated forms. Revisions are as follows: 1. On page 23, “Bidder’s Project History”, DELETE the following: “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following: “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:” 2. On page 24, “Bidder’s Critical Staff”, DELETE the following: “Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” REPLACE with the following: “Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Question 4: Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’. Are the tanks requested meant to be double walled or single walled? Response to Question 4: Single wall tank is acceptable and is the intended configuration for this project. On specification section 43 41 43 paragraph 1.01A, DELETE the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” REPLACE with the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” Question 5: What is the engineer’s estimate for this project? Response to Question 5: Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6: Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6: Please see attached. Question 7: The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified. - 5400 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-05400.pdf - 4350 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-04350.pdf Response to Question 7: See response to Question 4. Question 8: Is there a bidders or planholder list that can be made available to us? Response to Question 8: See “Prospective Bidders” Tab on PlanetBids: https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595# END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/16/25 Deputy Director of Public Works/City Engineer Date Attachments A. Bidder’s Project History B. Bidder’s Critical Staff C. June 12, 2025 Optional Pre-Bid Sign-In Sheet 23 Bidder’s Project History (Revised via Addendum 1) For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 24 Bidder’s Critical Staff (Revised via Addendum 1) Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed June 16, 2025 Addendum No. 1 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: Responses to Bid Questions Received as of June 16, 2025: Question 1: Please confirm that “harmonic analysis shall be performed and submitted with the bid package.” See specifications section 26 2920, paragraph 2.03E (VARIABLE FREQUENCY DRIVE (VFD) EQUIPMENT) Response to Question 1: Harmonic analysis is not required to be submitted with the bid package. DELETE the following paragraph 2.03E on specification section 262920: “E. To ascertain the harmonic contribution of the VFD’s at the PCC and to show compliance with IEEE 519-1992, harmonic analysis shall be performed and submitted with the bid package, provided that the VFD vendor is in receipt of the below listed information 10 working days prior to the bid date. 1. kVA rating of the low voltage distribution transformer(s) 2. X/R Ratio of utility low voltage distribution transformer(s) 3. Primary voltage 4. Secondary voltage 5. Secondary %IZ (impedance) 6. Length, size, & number of conductors between transformer LV side and distribution panel 7. System Single Line Diagram and electrical equipment list showing transformer and VFD detail 8. Total linear load kW to be connected to the distribution transformer Public Works Department of 9. Anticipated maximum demand load (15 minute or 30 minute) on the distribution transformer (IEEE 519)” Question 2: Please provide the “compliance report” form that is required with bids, mentioned on page 11 of the specifications, under Fair Employment Practices. Response to Question 2: On page 11, INSTRUCTION TO BIDDERS - FAIR EMPLOYMENT PRACTICES section, DELETE the following: FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with their Bid the compliance report attached to the Bid proposal form, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines. As set forth in Labor Code section § 1735, the Contractor shall not discriminate in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1. REPLACE with the following: “FAIR EMPLOYMENT PRACTICES: The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and California statutes and local ordinances and regulations. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.” Question 3: We request the below language in item to be accepted and incorporated into the bid documents: 1. Current - “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein..” 2. Change To - “For the purposes of this project, the bidder or bidders project management team shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Response to Question 3: The “Bidders Project History” and “Bidder’s Critical Staff” forms have been updated and attached to this addendum as Attachment A and Attachment B, respectively. Bidders shall utilize these updated forms. Revisions are as follows: 1. On page 23, “Bidder’s Project History”, DELETE the following: “For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of potable water wells including drilling, development, testing of wells within a urban or suburban environment. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years:” REPLACE with the following: “For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years:” 2. On page 24, “Bidder’s Critical Staff”, DELETE the following: “Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” REPLACE with the following: “Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein.” Question 4: Section 43 41 43 - Polyethylene Tanks: The first paragraph of the specification section asks for double wall tanks, but the drawing shows a dimension in the construction notes which appears to call out a single wall Poly Process tank. 12’ x 8’. Are the tanks requested meant to be double walled or single walled? Response to Question 4: Single wall tank is acceptable and is the intended configuration for this project. On specification section 43 41 43 paragraph 1.01A, DELETE the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) double walled storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” REPLACE with the following: “Scope: Contractor shall provide all labor, materials, equipment and incidentals required to provide a high density polyethylene (HDPE) storage tanks, complete and operational with accessories as shown and specified, for treatment backwash storage.” Question 5: What is the engineer’s estimate for this project? Response to Question 5: Engineer's Estimate is $4,350,000 (Excluding Owner Furnished Control Panels) Question 6: Will you please send out the Optional Pre-Bid Meeting Sign-In Sheet? Response to Question 6: Please see attached. Question 7: The tank in the plans is a single wall tank, however the specification calls out for a double wall tank. Can you please clarify what is required. If a double wall tank is required, below are links to our double wall tank drawings that are closest to the 4900 gallons specified. - 5400 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-05400.pdf - 4350 Gallon Double Wall Tank: https://tanks.polyprocessing.com/hubfs/tankfiles/PPC_DRAWING-2D-SAFE-A-04350.pdf Response to Question 7: See response to Question 4. Question 8: Is there a bidders or planholder list that can be made available to us? Response to Question 8: See “Prospective Bidders” Tab on PlanetBids: https://vendors.planetbids.com/portal/39491/bo/bo-detail/130595# END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/16/25 Deputy Director of Public Works/City Engineer Date Attachments A. Bidder’s Project History B. Bidder’s Critical Staff C. June 12, 2025 Optional Pre-Bid Sign-In Sheet 23 Bidder’s Project History (Revised via Addendum 1) For the purposes of this project, the bidder and/or bidders project management team shall provide project history of similar work, specifically referencing its experience of successfully completing construction of separate pressurized water treatment projects such as, but not limited to, granular activated carbon, ion exchange, surge tanks, membrane filtration, and/or pressurized filtration. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for two public agencies for which the bidder has performed similar work within the past ten years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: _________________________________________ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 24 Bidder’s Critical Staff (Revised via Addendum 1) Listed below are the names of the bidders proposed Construction Project Manager, Superintendent, or other critical positions. For these critical positions, please list at least three projects for which the critical staff has performed similar work within the last ten years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: __________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: ___________________________________________ Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed June 26, 2025 Addendum No. 2 LAMPSON WELL TREATMENT SYSTEM CIP No. WT1902 Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the bid documents: 1. NOTICE INVITING BIDS DELETE the following: “BIDS MUST BE RECEIVED BY: July 2nd at 10:30 am BIDS TO BE OPENED BY: July 2nd at 10:30 am” REPLACE with the following: “BIDS MUST BE RECEIVED BY: July 16th at 10:30 am BIDS TO BE OPENED BY: July 16th at 10:30 am” 2. CONTRACT DOCUMENT TITLE SHEET DELETE the following: “Bid Opening Date and Time: July 2nd at 10:30 am” REPLACE with the following: “Bid Opening Date and Time: July 16th at 10:30 am” 3. BID PROPOSAL The Bid Proposal sheets (pages 77-83) have been updated to include two Alternate Bid Deduction Items A1 and A2 to show amount of cost savings (-) to Bid Items #32 and #33 if the above ground pipes were changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining. Bidders shall utilize the updated Bid Proposal Sheets included in this Addendum as Attachment A. Public Works Department of 4. Responses to Bid Questions Received from Addendum 1 release through June 25, 2025: Question 1: Is Welded Pipe ok to use? Seamed/Welded Pipe will be priced 60% of the more expensive Seamless. Response to Question 1: Please be specific which pipe you are referring to. I.e, 16-inch buried steel pipes are welded per sheet C4.0. Question 2: The spec calls out A778 for the Pipe, and A774 for the fittings. (Very Typical). Both are extremely hard to find in these larger sizes, and very expensive. Normal/Stocked Pipe Spec; A/SA 312 TP Normal/Stocked Fitting Spec; A/SA 403 Do you want the quote reflecting A778/A774, or A312/A403 ? (All in 316L, S/20) Response to Question 2: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 3: AIS Material, or Import OK ? Response to Question 3: Import is acceptable. In Specification Section 40 05 60, DELETE the following paragraph 1.04C : AIS Step Certification Process shall be used to ensure that producers adhere to the American Iron and Steel (AIS) requirement and verify that products comply with the AIS requirement. The AIS Step Certification Process shall require that certification for each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer shall deliver its work along with a certification of its origin. The certification must include at a minimum the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. These step certifications shall be collected and maintained by the final manufacturer, vendor, or contractor that delivers the iron or steel product to the worksite, and shall provide a final certification asserting that all manufacturing processes occurred in the US. Question 4: Flanges; If Piping system is 150 PSI or less, then we can use a 150# Slip-On Flange, 316L, Flat Face. Does this sound correct to you? Response to Question 4: Please bid per plan and specifications. Question 5: Welded Joints; Looks like it’s Visual, and a Hydro in the field. Did you see anything that calls for Die Pen Testing or Xray to Welds? Response to Question 5: The Contractor is responsible to perform quality control field testing, including welding, pressure testing, etc. The City will handle inspection services. Question 6: Please confirm who is to procure the GAC vessels. a. The bid table says the contractor is to furnish and install b. Spec section 46-1300 1.01 A says the Owner has procured the GAC filter vessels. Response to Question 6: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. In Specification Section 46 13 00, DELETE the following: SECTION 46 1300 - GAC FILTER VESSELS PART 1 - GENERAL 1.01 THE REQUIREMENT A. The OWNER has procured the GAC filter vessels to be installed by the CONTRACTOR. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean >95% 1/2"-3/4” gravel with minimal fines shall be used for filling bottom cap of filters up to the filter laterals. 2. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh, shall be used above the garnet in a 48” high layer. REPLACE with the following: SECTION 46 1300 – GAC FILTRATION MEDIA PART 1 - GENERAL 1.01 THE REQUIREMENT A. The CONTRACTOR shall procure and install filter media for all four (4) filter vessels. PART 2 - PRODUCTS 2.01 GENERAL REQUIREMENTS A. GAC Filter Vessels 1. The CONTRACTOR shall install the GAC filter vessels per the manufacturer’s requirements. B. GAC Media 1. Clean coconut shell-based GAC media from Carbon Activated in Compton California, COC AL60, 12x30 Mesh. Question 7: Please confirm if the GAC vessel anchorage is to be cast in place or drilled and bonded. Response to Question 7: This will be at the contractor’s discretion and submitted as a deferred submittal. Whether the component is cast-in-place or drilled and bonded, the contractor shall coordinate closely with the manufacturer to ensure proper integration and compatibility. Question 8: Section 46 13 00 – GAC Filter Vessels, 43 4200-2.02 B.p – Has a hub and lateral underdrain. Is there something special about this design that makes it required? If not, we request that the industry standard underdrain, the external ring header septa design, be accepted as an alternative. There have been hundreds of GAC vessel installations nationwide with the external ring header design since the early 1990s. A reference list of the AqueoUS Vets installations has been attached. The external ring header design would be an external 8” pipe beneath the vessel that secures eight nozzles. The attached GA Drawing is included for reference. Response to Question 8: We are flexible regarding the use of a hub and lateral underdrain system, we are firm on maintaining the external discharge configuration. This specific design is critical to support the automated and operational system. Question 9: Section 46 13 00 – GAC Filter Vessels, Part 2 – 2.01 states that a gravel underbed is required under the granular activated carbon. However, with GAC, an underbed is not recommended because it prevents the carbon from being slurried out of the vessel which is the industry standard method to remove the carbon from the vessel. Response to Question 9: There is no need for a gravel underbed. See Response #6 Question 10: Please clarify the location of the rupture disk listed in Section 43 4200-2.02B.6.u. They are not seen on the drawings or the P&ID. They are required for an ASME Code-rated pressure vessel as a protective measure against an event that exceeds the vessel's pressure rating. Response to Question 10: Per the Drawings, Sheets T1.0 and M6.1, Note 3, a 3" Zook graphite rupture disc rated at 125 PSIG is to be installed on the 4" media fill line, and as specified in Section 43 42 00 – 2.02.B.6.u. installation on the vent line is also acceptable. This will be a deferred submittal and alternative methods of pressure relief can be presented by the manufacturer. Question 11: Section 43 42 00 – 2.02 specifies that four lifting lugs are required, while Drawing T1.0 shows only three on the vessel. Could you please advise which requirement is correct? For reference, per industry standard, we typically recommend using two lifting lugs, as this is generally sufficient for handling and helps avoid potential interference with face piping and manways. Response to Question 11: The use of two lifiting lugs is acceptable. Note that the acceptable quantity of lugs can vary based on Tank MFRs as long as the supplied system provides sufficient support, control, and safety of the vessel during installation. Question 12: Drawing sheets E2.0 & E2.1 both show FIT 04070, however this FIT is not shown anywhere on the P&ID’s. Please confirm if this FIT is existing or new. If new, please provide make, model, specifications, etc…. Response to Question 12: There is no existing or new Flowmeter at this location. P309B in the Power Conduit Wire Schedule on drawing sheet E6.2 shall be a SPARE. C101C in the Control Conduit Wire Schedule on drawing sheet E6.3 shall be a SPARE. Question 13: Drawing Sheet E0.0 NOTE 12: “Underground conduits shall be SCH 40 encased with PVC coated galvanized rigid steel bends, elbows, & turn ups. Above ground conduit shall be PVC coated galvanized rigid steel unless noted otherwise.” Specification Section 26 0533.13 does not have the requirement for PVC coated bends elbows, only for stub-up & risers. Please confirm if PVC coated elbows & bends are required for underground PVC conduit installation as well as risers & stub-ups. Response to Question 13: Please follow Note 12 in drawing sheet E0.0. Question 14: Section 46 1300 (GAC Filter Vessels), Part 2, Section B (GAC Media) specifies the use of coconut-based GAC media, COC-AL-60 by Carbon Activated. Has the City already procured this specific media, or is there flexibility to propose an alternative GAC media type? Response to Question 14: The City encourages all proposers to submit bids based on the existing specifications, including any addendums. After the bids are opened, lowest bidder may submit a substitution request to the City for consideration. Question 15: The addition of garnet prior to the GAC is mentioned, but no specifications are provided. Is a garnet bottom layer required for this installation? Response to Question 15: There is no need for a garnet bottom layer. See Response #6 Question 16: Will the primary mode of operation for the GAC vessels be lead/lag or parallel configuration? Response to Question 16: The primary mode of operation for the GAC vessels will be in a parallel configuration. Question 17: Clarify that the Pressure Vessels are Owner Furnished. Section 2 - Scope of Work states that they are contractor furnished, however spec section 46 1300 GAC Filter Vessels state the Owner has procured the vessels for the contractor to install. If owner furnished please confirm if the City has possession of the Vessels currently and does the City have shop drawings / submittals yet from the manufacturer? Response to Question 17: The Contractor shall furnish and install the four (4) GAC vessels per bid item No. 31. See Response #6 Question 18: Section 46-1300-2.01-B-2 mentions COC-AL60 12X30 Mesh shall be used above the garnet in a 48” high layer. What size is the garnet and what is the media depth, other than the word “garnet” a size and depth is not mentioned in specifications or addendum. Attached is a spec from a previous project in Huntington Beach as a reference. Response to Question 18: There is no need for a garnet bottom layer. See Response #6 Question 19: The technical table of contents doesn't list the Pressure Vessel System, however it is within the specs in section 43 4221. Response to Question 19: In the technical table of contents page 00 0110-4, DELETE the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTER VESSELS 46 5110 COMPRESSED AIR SYSTEMS REPLACE with the following: DIVISION 43 PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE EQUIPMENT 43 4143 POLYETHYLENE TANK AND APPURTENANCES 43 4221 GAC PRESSURE VESSEL SYSTEM DIVISION 46 WATER AND WASTEWATER EQUIPMENT 46 0000 WATER AND WASTEWATER EQUIPMENT 46 0548 VIBRATION AND SEISMIC CONTROLS FOR WATER AND WASTEWATER EQUIPMENT 46 0553 IDENTIFICATION FOR WATER AND WASTEWATER EQUIPMENT 46 0600 COMMON WORK RESULTS FOR PROCESS PUMPS 46 0601 CLOSE COUPLED END SUCTION PUMP 46 1300 GAC FILTRATION MEDIA 46 5110 COMPRESSED AIR SYSTEMS Question 20: Please clarify whether the PLC panel processor is Allen Bradley CompactLogix 5069 Series or 1769 Series. Response to Question 20: The PLC panel processor is Allen Bradley CompactLogix 5069-L320ER per shop drawing on sheet TCP-1 in the plans. Question 21: Please clarify that the RIO panel processors are Automation Direct/CLICK PLUS C2-03CPU-2. Response to Question 21: The RIO Panel Processors are KOYO CLICK C2-03CPU-2 per the shop drawing in the plans. Question 22: Please clarify who is providing the SCADA programming. Response to Question 22: The City is responsible for the SCADA programming. Question 23: Could you please confirm if all control panels, including the PLCs, are owner-furnished? Also, could you advise on who is responsible for the programming? Response to Question 23: The 5 control panels are owner-furnished and stored at the site. Please see sheet page number 92-135 for Control Planel Shop drawings. PACE is responsible for PLC programming. Question 24: We respectfully request an extension to the current bid due date for the Lampson Well Treatment System project. Several factors have impacted our team’s ability to compile a thorough and competitive proposal by the existing deadline: • Holiday Timing – The current bid date falls near the Fourth of July, which is the largest summer holiday, limiting the availability of key personnel and subcontractors. • Project Complexity – The scope and scale of the project require significant coordination, detailed takeoffs, and comprehensive vendor outreach. • Conflicting Bid Dates – We’ve identified that other large similar type projects are scheduled to bid on the same date, further straining resources and subcontractor availability. We suggest a bid extension of 10-14 calendar days to allow all parties adequate time to prepare and ensure a fair and competitive bidding environment. Response to Question 24: Bid Due date has been extended to July 16. END OF ADDENDUM By order of the City of Seal Beach, ___________ _________________ 6/26/25 Deputy Director of Public Works/City Engineer Date Attachments - ATTACHMENT A – Updated Bid Proposal Sheets 77 BID PROPOSAL (ADDENDUM #2) CITY OF SEAL BEACH LAMPSON WELL TREATMENT SYSTEM PROJECT CIP NO. WT 1902 BID SHEETS Bidder’s Name: ____________________________________________________________ To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid Items Item No. Description Unit Quantity Unit Price (in Figures) Extended Price (in Figures) 1 Mobilization, Construction Trailer, Permits, Bonds, Insurance, Construction Scheduling, and Demobilization LS 1 $__________ $____________ 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Install and Maintain Construction BMPs LS 1 $__________ $____________ 3 Prepare and Implement a Shoring Plan by a California Liscensed LS 1 $__________ $____________ 4 Prepare Spill Prevention and Emergency Response Plan LS 1 $__________ $____________ 5 Prepare Traffic Control Plans by a California Licensed Traffic Engineer LS 1 $__________ $____________ 6 Implement Traffic Control LS 1 $__________ $____________ 7 Pothole Existing Utilities and Confirm Tie-in Locations LS 1 $__________ $____________ 8 Survey and Verify All Elevations and Dimensions Of Existing Utilities and Confirmed Tie-in Locations LS 1 $__________ $____________ 9 Site Demolition Per Plan, Remove Existing Chainlink Fence, Clearing and Grubbing LS 1 $__________ $____________ 78 10 Pressure Testing and Pipe Disinfection LS 1 $__________ $____________ 11 Site Excavation, Scarification, Recompaction, CAB, and Remove & Dispose Excess Soil LS 1 $__________ $____________ 12 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Storm Drain Pipe Per Plans LF 110 $__________ $____________ 13 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 70 $__________ $____________ 14 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 6" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 50 $__________ $____________ 15 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manhole and Connect 6" PVC Drain Pipe EA 1 $__________ $____________ 16 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 4" PVC Perforated Drain Pipe Per Plans LF 135 $__________ $____________ 17 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Influent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 100 $__________ $____________ 18 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Effluent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances LF 85 $__________ $____________ 79 with Cathodic Protection Per Plans 19 Furnish and Install All Labor, Material and Equipment Required to Tie-in Existing 16" Well Discharge to CMCL Welded Steel Influent and Effluent Piping Per Plan, Including and Not Limited to Thrust Blocks, Pavement Restoration, Valves, Fittings and with Associated Appurtenances Per Plans LS 1 $__________ $____________ 20 Furnish and Install Buried 18" PVC Drain Pipe, Vault, Pavement Restoration and Appurtenances to Existing Storm Drain Vault Per Plans LF 30 $__________ $____________ 21 Furnish and Install Buried 4" PVC Pipe, Junction Boxes, Pavement Restoration and Appurtenances for Separate Future Communication Fibers Per Plans LF 100 $__________ $____________ 22 Furnish and Install all Labor, Material, and Equipment Required to Construct Buried 6" PVC Sewer Pipe, Fittings, Trench, and Pavement Restoration LF 50 $__________ $____________ 23 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manholes and Connect 6" PVC Sewer Pipe EA 2 $__________ $____________ 24 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes and Appurtenances for Electrical System Per Plans LS 1 $__________ $____________ 25 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes, and Appurtenances for Instrumentations and Controls Per Plans LS 1 $__________ $____________ 26 Furnish and Install Buried 2" PVC Pipe Sleeve, Fittings, Chlorine Tubing, Injector, Pavement Restoration and Appurtenances to the Existing Chlorine Injection LS 1 $__________ $____________ 80 Piping Per Plans 27 Furnish and Install Buried 3" 316 Stainless Steel Air Pipe, Junction Boxes, Valves, Fittings, Pavement Restoration and Appurtenances Per Plans LF 120 $__________ $____________ 28 Furnish and Install Two 7.5 HP Air Compressors, Piping, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 29 Furnish and Install Reinforced Concrete Pad, with Concrete Access Ramps for the Treatment System Per Plans LS 1 $__________ $____________ 30 Furnish and Install Various Diameters Above Ground Stainless Steel Influent and Effluent Header Pipes with Supports, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 31 Transport and Install Four (4) Owner-Furnished 12' Diameter Steel Pressure Vessels Per Plans LS 1 $__________ $____________ 32 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From Each Pressure Vessels with Supports, Valves, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 33 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From the Pump Pad with Pumps, VFDs, Mazzei Injectors, Steel Rack, Supports, Valves, Fittings, and Appurtenances to Each Pressure Vessels Per Plans LS 1 $__________ $____________ 34 Furnish and Install Various Diameters Electrically Actuated Isolation/Modulating Valves, Butterfly, and Ball Valves Per Plans LS 1 $__________ $____________ 35 Furnish and Install Various Diameters Manual Isolation Valves, Such as Air Vacuum/Release, Butterfly, and LS 1 $__________ $____________ 81 Ball Valves Per Plans 36 Furnish and Install Various Above Ground Electrical and Communication Conduits and Conductors for Each Vessel LS 1 $__________ $____________ 37 Furnish and Install Pre-Fabricated Fiberglass Structure, Railings, Bollards, A/C System, Lighting, and Receptacles Per Plans LS 1 $__________ $____________ 38 Furnish and Install 12' Diameter Detention Tank Per Plans LS 1 $__________ $____________ 39 Furnish and Install Concrete Pad for Detention Tank LS 1 $__________ $____________ 40 Furnish and Install Various Diameters Flow Meters, with Conduits, Conductors, Fittings, and Appurtenances Per Plans LS 1 $__________ $____________ 41 Furnish and Install Electrical Conduits, Conductors, Power Sub- Panel, and Owner-Furnished Central Control Panel Inside the New Fiberglass Structure LS 1 $__________ $____________ 42 Furnish and Install 8' Tall CMU Block Walls Per Plans LF 180 $__________ $____________ 43 Treatment System Set-Up and Start-Up Testing (Assume 5 Days) EA 5 $__________ $____________ 44 Provide two (2) Separate Four (4) Hour Training Sessions on all Newly Installed Equipment LS 1 $__________ $____________ 45 Provide two (2) Hard Copies and the Electronic Copies of Newly Installed Equipment O&M Manuals LS 1 $__________ $____________ 82 Base Bid Items Item No. Description Unit Quantity Unit Price (in Figures) Extended Price (in Figures) TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 45) $ WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE = BASE BID AMOUNT TOTAL BID PRICE IN DIGITS: $____________________ TOTAL BID PRICE IN WORDS: _________________________________________________ Alternate Bid Deduction Items #A1 and #A2 Below (Not Used for Base Bid) – Since Stainless Steel pipes are more costly than carbon steel with fusion-bonded epoxy coating and lining, provide below the amount of cost savings if Bid Items #32 and #33 were changed to carbon steel instead. A1 Provide the Amount of Cost Saving to Bid Item #32 if Bid Item #32 for the Above Ground Pipes Were Changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining LS 1 $__________ $____________ A2 Provide the Amount of Cost Saving to Bid Item #33 if Bid Item #33 for the Above Ground Pipes Were Changed to Carbon Steel with Fusion-Bonded Epoxy Coating and Lining LS 1 $__________ $____________ 83 NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re-advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.-_________________, Class ________________ (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Business Address Business Tel. No. Signature Date Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment Analysis (WTI 902) Professional Engineering Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 714) 481-7300 This Amendment No. 2, dated March 22, 2021, amends that certain agreement Agreement") dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020, by and between the City of Seal Beach ("City"), a California charter city, and Pacific Advanced Civil Engineering, Inc. ("Consultant"), a California corporation. 1 RECITALS A. Effective December 19, 2019, City and Consultant entered into an Agreement for Consultant to provide professional engineering services for the Lampson Well Treatment Analysis, C1 WT1902 ("Project'). B. Effective April 27, 2020, City and Consultant entered into an amendment to the Agreement ("Amendment No. 1") for modified services and increased Consultant's compensation by $29,500, for a revised total contract amount of $62,500. C. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1, for Consultant to provide additional professional engineering services for the Project, and to increase Consultants compensation by $379,105 for those additional services required in connection with the Project, for a revised total compensation in the not -to -exceed amount of $441,605 as provided herein. AMENDMENT NO.2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 1.0 (Scope of Services) of the Agreement, is hereby amended to add Subsection 1.1.2 to read as follows: 1.1.2 Consultant shall provide those additional engineering services hereinafter "Additional Services") set forth in the attached Exhibit A-2 Consultant's Scope of Services -- Additional Services), which are hereby incorporated by reference. To the extent that there is any conflict between Exhibits A, A-1, A-2, B, this Agreement, Amendment No. 1, and Amendment No. 2, Amendment No. 2 to this Agreement shall control." Section 2. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows: 2.0 Term 2.1 Except as modified by Sections 2.2 and 2.3, the term of this Agreement shall commence as of the Effective Date, and shall continue for a term of one (1) year unless previously terminated as provided by this Agreement. 2.2 Notwithstanding Section 2.1, the term of Amendment No. 1 for the performance of the Additional Services (as set forth in Exhibit A-1) shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one (1) year ending April 13, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice. 2 2.3 Notwithstanding Sections 2.1 and 2.2, the term of Amendment No. 2 for the performance of the Additional Services (as set forth in Exhibit A-2) shall commence as of the Effective Date of Amendment No. 2, and shall remain in full force and effect until December 31, 2025, unless previously terminated as provided by this Agreement." Section 3. Section 3.0 (Consultant's Compensation) of the Agreement is hereby amended in its entirety to read as follows: 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A (for Services) and Exhibit A-1 (for Additional Services), but in no event will the City pay more than the total not -to -exceed amount of $62,500 for the Services (Exhibit A) and Additional Services (Exhibit A-1). Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedules set forth in Exhibits A and A-1, and shall not exceed the amount authorized by the City Council at time of award or amendment. 3.1.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-2 (for Additional Services), but in no event will the City pay more than the not -to -exceed amount of $379,105 for those Additional Services set forth in Exhibit A-2; and City shall pay no more than the revised total contract amount not -to -exceed $441,605 for all services under the Agreement (Exhibit A), Amendment No. 1 (Exhibit A-1), and Amendment No. 2 Exhibit A-2). Any additional work authorized by the City pursuant to Section 1.5 under Amendment No. 2 will be compensated in accordance with the fee schedule set forth in Exhibit A-2, and shall not exceed the amount authorized by the City Council at time of amendment. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedules set forth in Exhibit, Exhibit A-1 or Exhibit A-2."" Section 4. Subsection 15.6 is hereby added to Section 15.0 (Insurance) of the Agreement to read as follows: 15.6. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, agents, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants or other subcontractors." Section 5. All references to the term "Agreement' throughout Sections 1.0 through 30.0, inclusive, of the Agreement are hereby modified to include the Agreement dated December 19, 3 2019, Amendment No. 1, dated April 27, 2020, and this Agreement No. 2, dated March 22, 2021, as if all of those terms are fully set forth therein. Section 6. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement, as previously amended by Amendment No. 1, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement and/or Amendment No. 1, the provisions of this Amendment No. 2 shall control. 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH CONSULTANT: Pacific Advanced Civil Engineering, Inc., a California cor tion Jil Ingram, City Ma By: RpVAT p Attest: ", 4 *a :fVame. Duncan Lee C-3 By: Q a s: Principal, QA/QC Manager - Utilities Division Gloria arper, Ci' g Approved as F FG By: By: Name: Mark E. Krebs aig . Steele, City Attorney Its: President Please note, two signatures required for corporations under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) 5 EXHIBIT A-2 Consultant's Scope of Services -- Additional Services PACE Advanced Water Engineering AUTHORIZATION FOR CHANGE ORDER TO: City of Seal Beach, Public Works Dept. ATTN: Iris Lee 211 Eighth Street DATE: Seal Beach, CA 90740 PROJECT Phone (562) 431-2527 x1322 C.O. AUTH. #: February 10, 2021 B629 — Lampson Well Treatment Analysis — Pilot Project 2 Revision 1 PACE is requesting authorization for an additional budget to perform the following new tasks. Overview: When Lampson Well runs for long periods or at higher flow rates, there is a significant increase in Hydrogen sulfide (H2S) concentrations. While H2S is identified under the National Secondary Drinking Water Regulations for aesthetic effects and is not a health and safety concern, the "rotten egg odor" from H2S is very distinct and can generate consumer complaints. The staffs current short-term solution is to increase chlorine dosage and minimize the well's operation to reduce odor development. A more permanent solution is desired to increase well production capacity and operational flexibility while reducing strain on the other three wells. The pilot study concluded a total of two (2) viable treatment options through the use of Granular Activated Carbon (GAC). They are: Biological Activated Carbon (BAC) treatment Passive Regeneration of GAC At this stage, the City intends to design a permanent H2S removal system at Lampson Well with PACE. Description of Scope: Our services and "optional" service will be described as follows: Task A — Project Management (Total of $20.450): Al — Overall Project Management — Email, phone, meeting correspondence, general project management, and to assist with funding opportunities. A2 — Kick-off Meeting — 1 full day or two (2) half-day initial kick-off meeting with City staff to define and refine project scope and objectives. A3 — Progress & Project Development Meetings — PACE will meet with City staff to go over progress at every significant milestone and to meet more frequently if deemed necessary with City staff. A4 — Establish & Routine Update Project Schedule — The project schedule will be generated through Microsoft Projects. PACE will update the schedule bi-monthly or more frequently if deemed necessary with City staff. Task B — Research and Data Collection (Total of $24.615): 131 — Field Site Review, Research, Review, and Data Collection — PACE will review all applicable and relevant data, including and not limited to record drawings, water quality reports, SCADA data, site visits, and City standard plans and specifications. B2 — Additional Piloting for Design Parameters — PACE will assist City staff in collaborating with the California State Division of Drinking Water (DDW) to determine the required pilot objectives and data Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 2 of 5 necessary for the City to design the treatment system. PACE assumes City will perform typical water quality testing as required for the pro'ect. B3 — Microbian Diversity Analysis (BAC Only) — PACE will provide equipment, materials, and labor to examine the GAC media samples from additional piloting for microbial communities that may be responsible for sulfide oxidation and removal. PACE will test the GAC media samples to identify specific sulfur -oxidizing microorganisms (bacteria), such as Acidithiobacillus spp. and Thiobacillus spp. The possible presence of ammonia -oxidizing bacteria will also be examined. Two (2) samples will be extracted after three (3) weeks, and an additional two (2) samples after six (6) weeks of growing biomass. B4 — Geotechnical Service and Report — PACE will hire Ninyo & Moore to update the original September 19, 2008, Geotechnical Evaluation Lampson Avenue Well Report. The updated report will contain updated soil design parameters for the additional structural loads from the proposed treatment vessels. Task C — Utility Research and Base Mapping (Total of $8,405): C1 — Notify U.S.A. to Field Mark Underground Utilities — PACE will assist City staff in requesting U.S.A. to field mark underground utilities within the proposed project limit. C2 — Utility Research with a Utility Log — PACE will review applicable record drawings and U.S.A. markings to determine existing underground utilities within the proposed project limit. C3 — Topographic Survey (Secondary wl Pump Station Pad as Bench at 0') — PACE will utilize in-house staff and equipment to determine the existing elevation of unimproved areas, areas of potential conflict, and all points of connections. The bench will be the current concrete pump station pad with an assumed secondary elevation of 0'. Task D — Preliminary Design Report (PDR) (Total of $42,935): D1 — Concept Site Layout Plans (2 Layout Alternatives) — PACE will develop two (2) optimal site layout alternatives for City staff consideration. The minimum requirement for consideration is constructability, accessibility, and maintainability. The valving arrangement will be designed with actuated valves to automate the treatment system for removing H2S using either the BAC or passive regeneration method. Filter -to -waste and bypass cycles will also be managed through actuated valves. Additional manual lead -lag valve arrangement will be necessary to handle future removal of PFAS. Each concept plan will be around eight (8) sheets, consist of a site plan, site elevation, mechanical plan, storm drain piping, sewer piping, airline and air compressor layout, P&ID, and electrical single -line. D2 — 90% & 100% Preliminary Design Report (PDR) Submittal — PACE will collaborate with City staff to develop critical design and operation parameters, including selecting major equipment in the PDR. D3 — Preliminary Cost Estimate — PACE will develop a "rough" cost estimate for the City to validate necessary funding to design and construct the proposed treatment system. D4 — Architectural Site Elevation of Final Layout Alternative — PACE will develop site elevation exhibits that can be included in the contract documents or used for various public presentations. D5 — Public Presentations (City Council, Town Hall Outreach, etc) — PACE will collaborate with City staff to support or make presentations at four (4) various public meetings, including any City Council or town hall outreach efforts. Task E — Construction Documents (Total of $113,990): E1 — Engineering Plans (50%, 90%, and 100% Final Submittals) — PACE will develop construction plans, including general, civil, mechanical, structural, electrical, and instrumentation plan sheets for the treatment system. Final plans is expected to have over forty (40) plan sheets. It will include and are PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 3 of 5 not limited to title sheet, general notes, boundary map, demo plan, site plan, grading plan, civil details, yard piping plan, water line and connection, sewer line and connection, storm drain line and connection, air supply line and compressor plan, site elevation plan, mechanical plans, mechanical sections, mechanical details, steel tank plans, foundation plans, structural details, structural calculations, fencing plans and details, filters P&ID plans, chemical injection and sampling modification plans, single line diagram, panel schedule, conduit and wire schedule, electrical and power control conduit plan, and electrical details. E2 — Special Provisions and Technical Specifications (90% and 100% Final Submittals) — PACE will prepare bid specifications in City format. E3 — Cost Estimate (90% and 100% Final Submittals) — PACE will prepare an engineer's cost estimate to be included in the bid package and a more conservative estimate for budgetary purposes. Task F — CEQA and Permitting (Total of $20,435): F1 — Assist w/CEQA Categorical Exemption — PACE can provide necessary information and assistance to City staff to utilize CEQA Categorical Exemption for the treatment project on an existing well site. F2 — Assist City to Obtain Initial DDW Approval to Proceed with Design and Construction — PACE will collaborate with City staff to submit a package to DDW to obtain permission to proceed with the proposed treatment design and construction of the treatment system. The DDW package will include the final technical memorandum from the pilot study and a concept site plan. F3 — Assist w/ Conditional Use Permit (Planning) — PACE can provide necessary information and assistance to City staff to obtain any required Planning permit, including preparing exhibits or attending meetings. F4 —Assist w/ Building Permit (Building & Safety) — PACE can provide necessary information and assistance to City staff to obtain any required Building & Safety permit, including preparing additional engineering details or calculations. F5 — Prepare DDW Water Quality Monitoring Plan — PACE will collaborate with City staff to develop a comprehensive water quality monitoring plan to satisfy DDW. The monitoring plan will be more comprehensive for the 1St year of operation and less stringent once the treatment system is operating correctly. DDW will likely require monitoring treated water from each treatment vessel and aggregate water before released to the City's drinking water network. PACE assumes City will perform typical water Quality testing as required for the project. F6 — Update Technical Memorandum of the Pilot Study — Upon completion of any additional pilot testing and laboratory testing, PACE will update the technical memorandum of the pilot study and will be submitted to DDW for final approval to operate the treatment system. F7 — Assist City to Obtain Final DDW Approval to Place Treatment System in Operation — PACE will collaborate with City staff to submit a final DDW package for permission to operate the new treatment system and distributed treated effluent into the City's drinking water network. Task G — Construction & Post Construction Support (Total of $49,955): G1 — Bid Support — PACE will assist City staff with bid support, including and not limited to pre-bid meetings, bid review, and addendums. G2 — Construction Engineering Support — PACE will assist City staff with construction engineering support, including and not limited to pre -construction meetings, site meetings, review submittals, respond to RFIs, and evaluate contractor's change order requests. G3 — Provide Guidance and Direction for Treatment Start -Up — Once construction is substantially completed to test the treatment system, PACE will collaborate with City staff and the contractor and 1 PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 4 of 5 provide guidance to start-up the treatment system. The short duration testing period will not be sending treated effluent into the City drinking water network but will be disposed of through the existing storm drain piping. G4 — Provide Operator Training (2 Sessions) — Once the contractor is off-site and the City has taken full ownership of the new treatment system, PACE will coordinate with City staff to provide two (2) full sessions of operator training. Training will include the ability and option to treat using the BAC method or the passive regeneration method. G5 — Provide Two (2) Years of Remote System Monitoring (Includes Wireless Service) — PACE will have the ability to monitor the treatment system remotely and to advise City staff if changes and maintenance are necessary. PACE will not control or change control of the treatment system unless specifically requested by an authorized City operation staff. PACE will perform this service for two (2) years. G6 — Prepare O&M Manual — After the treatment system operates for a reasonable amount of time, PACE will collaborate with City staff to develop a simple to use O&M manual. The manual will show the start-up of the treatment system, shut down the system, clean the system through backwashing, and regenerate GAC media through passive venting. Furthermore, there will be one full electronic manual with quick navigation links, and a separate compact manual meant for day to day operators. G7 — Record Drawings — PACE will prepare record drawings from the contractor's redline mark-up plans. Optional Task H (Total of $98,320): H1 rOptionalj — Custom Build & Program Stainless Steel Control Panel (2 Phases of Programmingi — PACE will design a new filtration control panel for the treatment system and its four 14s water treatment filter vessels. The new control panel will provide automatic and manual control of each vessel s multiple modulating valves. The control panel will be programmed to isolate throttle and redilate flow as required not exceed treatment capacity and regulate flow for backwash cycles The design will include shop drawing preparation of all hardware and layout of the proposed panel PACE will procure materials and hardware for the panel fabricate the panel and program the panel for 2 phases of use 1 phase is to have an operational HMI screen to manually control automated valves for the treatment s,/stern to ensure connectivity and open and close properly After the treatmentsystem Is in operation for se eral months and a desired automated approar( identified ;y PACE and the City 2" and final phase programming will automate the treatment system's process to simplify operators' steps and reduce the opportunity to operate the t,eatrnar.t syste- ,nco-ectly Br ng terminations and m;;unt ng the panel at tre project site shall be provided by the City s contrac?o" while PACE will provide independent field s/steam loop checks testing, and debugging The O&M manual will be updated per the final HMI design centro! panel will be provided wits, tag arrays for City s SCADA integrator to separately a,,,dlater lie—into Cit, s existing SCADA PACE anticipate the `allow ng tentative list of major hardware (not all tithe` ancilla:,, erg .ilp-ent not Show' below; PLC Processor PLC Power SuPPI PLC Backplane Color Touchscreen UPS for Panel NEMA 4X 304SS Enciosore Interior Back Panel Swingout Panel v'Ireinss Ethernet Bridge Back -rip Conventional :Auto -d al Alarm 1J^,t PACE Iris Lee — Change Order #2 (Revision 1) February 10, 2021 Lampson Well Treatment Analysis — Pilot Project— City of Seal Beach / #B629 Page 5 of 5 COInoenSation: PACE will complete the work outlined herein and invoice the City monthly on a percentage of completion basis for the Not -To -Exceed amount of $280,785 in accordance with the attached hourly rate and engineering fee estimate. NOTE: All of the above fees are Not -To -Exceed amounts and will not be exceeded without prior written consent. Task Description: Professional Fee: Task A — Project Management $ 20,450 Task B — Research and Data Collection $ 24,615 Task C — Utility Research and Base Mapping $ 8,405 Task D — Preliminary Design Report (PDR) $ 42,935 Task E — Construction Documents $113,990 Task F — CEQA and Permitting $ 20,435 Task G — Construction & Post Construction Support $49,956 This Request - Change Order #2: Task H (Optional) — Custom Build & Prograrm SS Control Panel $ 98,320 Estimated By: February 10, 2021 Duncan Lee, PE — PACE Date AGREED TO AND ACCEPTED BY: Iris Lee, P.E. - City of Seal Beach Date 1 PACE SON=== 80411803801*11. -1111-1111 11141111 1114111111g11 saoinuag ioJ asd wnS dwnj 1ej01gnS slsooySej E a IelolgnS 10Mod ueVl JeS (uwnlooaajSlaaS) X1'111111®1"'1'11Q1"'1'1111''b11 ibS (uwnioo aad Sl aaS) 0111101111.'0111 11111 111c1111111b11 II'd (uwnloo oad Sl aaS) 111101111 uiN (uwnloo aad Sl aaS) 1111 1111 111011111:` 111011111Q III 11101111111011 11101111111; IONIC 1 11 1lun A3AJI1S Sd9 OM mill ddnS uiwPV S9 S m cool lau6isap3iydeiJ OLLS - mill ls6jeuV S19! oadS jV9 Olt$ -,,,, iau61sa0 OVA is DOLS mill iaaw6u3 u6isat) O£tS a iaaw6u31uels1ssV O£LS,,,,',,',,'8®„®`,®®,®,', laaui6u3l3aloJd 093 N 10®I N Jaaulbu3 130fOld JS Sit$ —,,,, w Ell mill v 1111- 0,,,'v 111111 mill': III 111 III lco a l„l'v m,,,,c?og 0000G oil III III g 0G 11-„1 UIII 1800®DOj= epi OBI plepadS'luo9'8'isulIS OLZS ^'„©' i00u16u3 le3143813 JS SKS N mill ia6eueIN Uafoid is SZZS ZL l®l ledmuud 5SZS mill v mill oclo mill oll III lull 1111 aol 1110,,,,,,,'x„ oolllll' lli q a O _ m Cr F ON wall A 12 Z MINORsls00y5elleiol S031AJOS io; as j wnS dwnl z IelolgnS s3s03 Msel E E lelolgnS JOmOd ueVI jeS (uwnlo0 aad Sl aaS) ibS (uwnloo aaj Sl oaS) 1"11'1 1121 (uwnloo aad Sl aaS) wN (uwnlo0 as j Sl aaS) ilun 6anmS Sd9 OYZS uiwpV 1 yoddnS S9 $ jau6isap oigdeiq Ott$ ls6leuV SI91 oadS OVO OLtS iau6lsa0 OVA is OPL$ iaaw61-13 u6lsa0 OU$ a J03w6u33uelsissV OM a iaaw6u3130fad 09t$ E iaaw6u3looloid is S9t$ W 3silmodS luo0 g lsul is OLZS iaau161-131eauloal3 JS 9M ia6eueW looload is SZ" milli lediouud SSZS 0 E 3 ON wall pArlAnllatl I I FTTIFRI ACORO` CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 CONTACT NAME: ac°,"x ,Ext): (949) 623-3980 ac, Ne):(949) 891-0407NewportBeach, CA - HUB International Insurance Services Inc. 4695 MacArthur Court Suite 600 ADDRESS, Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC /< INSURER A: Evanston Insurance Company 35378 DAMAGE TO RENTED 300,000 rr INSURED INSURER B: Nationwide Mutual Insurance Company 23787 INSURER C: Oak River Insurance Company 34630PacificAdvancedCivilEngineeringInc. (PACE) INSURER D: Arch S ecial Insurance Company 2119917520NewhopeStreetSuite120 Fountain Valley, CA 92708 INSURER E INSURER F : AUTOMOBILE X X COVERAGES CERTIFICATE NUMBER- 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. INSRT TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X MKLV5PBC001833 4/30/2020 4/30/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 rr MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOT- LOC OTHER: CAP:$10,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 EBL AGGREGATE 11000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDX NON -OWNEDAUTOSONLYAUTOSONLY X ACP BA 3009722129 4/30/2020 4/30/2021 COMBINED SINGLE LIMIT nt)$ 1,000,000 BODILY INJURY Perperson) BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident A X UMBRELLA L1113 EXCESS LIAB X OCCUR CLAIMS -MADE MKLV5EUL102438 4/30/2020 4/30/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F—] Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIAE.L. X PAWC229051 3/2/2021 3/2/2022 X I PER OTH- STATUTE ER EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 D D PROF & POLL LIAB RETRO DATE: 1/1/1995 CPPOO55298-07 CPPOO55298-07 4/30/2020 4/30/2020 4/30/2021 4/30/2021 EACH CLAIM $3M / DED 150,000 AGG $6M/ DED 450,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: Operations of the named insured during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to the General Liability and Auto Liability as per written contract with the named insured and attached endorsements. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions and endorsements. CERTIFICATE HOLDER f-etur1171 I ATlnu AGUKLJ ZD (ZU101U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE AGUKLJ ZD (ZU101U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract executed by both parties prior to loss Applies to commercial work only If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your Work" for that insured by or for you. CG20101185 Copyright, Insurance Services Office, Inc. Policy Number: MKLV5PBC001833 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations As required by written contract executed by both parties All locations prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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 for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. INTERLINE IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 3. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; 4. a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds - Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments - Bail Bonds F. Supplementary Payments - Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee - Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos - Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts - Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense - Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV - Business Auto Conditions - Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS - NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury' or property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS - BAIL BONDS Supplementary Payments of SECTION II - COVERED AUTOS LIABILITY COVERAGE is revised as follows: 2) Up to $2,500 for 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. F. SUPPLEMENTARY PAYMENTS - LOSS OF EARNINGS Supplementary Payments of the SECTION II - COVERED AUTOS LIABILITY COVERAGE is revised as follows: 4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply to property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 0316 with its permission H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: 7) Prejudgment interest awarded against the insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary COMMERCIAL AUTO AC 70 05 0316 substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/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 refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous leases. 2. This coverage only applies to a 'loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss' from one "accident' involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an auto" because of 'loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of 1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 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". R. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you cant' Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip - COMMERCIAL AUTO AC 70 05 0316 ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. T. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1. and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehicle" means an "auto" of which you are the original owner that has not been previ- AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less than 365 days before the date of the "loss". U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: 1) Other than collision 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 Loss Coverage is provided for any covered "auto"; or 3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident' be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident' or loss" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit' is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: 5) AnyMiere in the world if a covered "auto' is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto' as a re- sult, SECTION IV —BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 03 16 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 633.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/02/2020 PolicyNo.: PAWC126019 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by WC990410C Ed. 01-19) PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment Analysis — Pilot Project Professional Engineer Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 714) 714-481-7300 This Professional Service Agreement ("the Agreement') is made as of December 19, 2019 (the "Effective Date"), by and between Pacific Advanced Civil Engineering, Inc. Consultant'), a California C Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional engineering services for the Lampson Well Treatment Analysis — Pilot Project. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to engage Consultant to provide professional engineering services in the manner set forth herein and more fully described in Section 1.0. C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.OScope of Services 1.1. Consultant shall provide those services (collectively "Services") set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of14 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence on December 19, 2019, and shall remain in full force and effect until June 30, 2020 unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $33,000.00 (Thirty -Three Thousand dollars) for the Original Term. 3.2. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights 3of14 under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Duncan Lee is the Consultant's primary representative for purposes of this Agreement. Duncan Lee shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 Attn: Duncan Lee, P.E. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of14 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 5of14 become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6of14 10.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be approval of the City. Consultant is fully of any and all subcontractors. 12.0 Assignment subcontracted without the prior written responsible to City for the performance Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 7of14 outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) if required by the City, Professional Liability coverage (or Errors and Omissions coverage). Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the 8of14 City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Consultant acknowledges that the City would not have entered into this 9of14 Agreement in the absence of the commitment of Consultant to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity for Desiqn Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a "design professional," as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 16.2. Other Indemnitees. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 10 of 14 16.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 16.5. Consultant's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11 of 14 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any 12 of 14 employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 25.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 13 of 14 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL JrCH CONSULTANT: Pacific Advanced Civil o Engineering, Inc., a California C ty-{Manager By. .. - S erg "VV -0 -, n"Ce o- 04 Name: Its: Attest: By: r i, Approved as to Form: u L U By: Craig A. Steele, City Attorney PrCtte+t f Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Consultant's Proposal PACE Advanced Water Engineering December 9, 2019 Iris Lee, Deputy Public Works Director/ City Engineer City of Seal Beach Public Works Department 211 Eighth Street Seal Beach, CA 90740 562) 431-2527 x1322 Re: City of Seal Beach # B629 Lampson Well Treatment Analysis - Pilot Program Dear Iris, PACE is pleased to provide our proposal for engineering services for the "Lampson Well Treatment Analysis - Pilot Program". Attached are our Scope of Services, Compensation, Hourly Rate Schedule and Provisions. We appreciate the opportunity to be of service to the City of Seal Beach and look forward to working with you and your staff for the pilot study. Please contact me if there are any questions or if we may provide any additional information. Sincerely, Duncan Lee, PE Principal, QA/QC Manager— Utilities Division DL/sg Enclosures: Scope of Services, Compensation, Hourly Rate Schedule and Provisions. PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES City of Seal Beach Lampson Well Treatment Analysis - Pilot Program 8629 The Lampson Water Well (Well) is owned and operated by the City of Seal Beach (City) and is located at the easterly end of the Old Ranch Country Club on Lampson Avenue. This Well is one (1) of four (4) City water wells, with onsite sodium hypochlorite (NaOCI) disinfection system. Historical water quality data provided by City staff showed relatively high range of sulfide concentrations level and City has encountered instances of customer complaints about odor issues. Consequently, this newest City well, built around 2009 is operating at low flow rates to minimize concerns for odor complaints. At the recent pre -proposal site visit by PACE, water quality analysis performed by PACE staff revealed that ground water from the Well does have hydrogen sulfides (H2S) concentration around 50 µg/L (0.050 mg/L), which will produce a nuisance odor. Odor is identified under the National Secondary Drinking Water Regulations for aesthetic effects, and is not a health and safety concern. Another side effect is typical chlorine dosage rate is significantly higher when the ground water has such concentration of H2S, driving up chemical cost at this Well. This proposal is submitted to the City to investigate the feasibility of PACE's Hybrid Biological Activated Carbon (HBAC) treatment to reduce/remove H2S odor, and to reduce chlorine chemical dosage. This pilot study will be carried out by deploying PACE's 5 -column pilot skid and the 8 -foot tall pilot skid. OBJECTIVE: The proposed pilot system shall operate for approximately 9 weeks, which would provide preliminary design parameters including much needed information for State Health Department approval and potential funding opportunities. Our services will include the following tasks: (1) deploy, startup, water sample monitoring, and demobilize pilot skids (9 weeks), (2) Chlorine demand test and microbial diversity analysis (2 weeks), and (3) a technical memorandum with a PowerPoint presentation (3 weeks). PACE anticipates a total of 14 weeks to complete all identified tasks. SECTION A - SCOPE OF SERVICES: A. PACE agrees to perform the following services: Task 1— Pilot Skids Installation, Water Sample Monitoring and Demobilization PACE shall provide equipment, materials, and labor to perform an approximate 9 -weeks pilot test at the Well. Both the 5 -column pilot skid and the 8 -foot tall pilot skid will be deployed at the Well site. PACE shall be responsible for transportation, installation and startup of pilot skids while the City shall be responsible to provide required footprint, access, electrical power and raw well water supply. The 5 -column pilot skid consist of transparent filtration columns (3 -inch diameter and 2.5 feet length) which could be configured in parallel or series flow configuration. Individual columns can be separately 1 PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for ##629 Page 2 of 4 backwashed and air -scoured with raw water and portable air compressor respectively. The proposed configuration plan for the Well is shown on Figure 1. Lampson Well — Raw Feed (without Pretreatment) Filter Filter Filter 1 2 3 15" of 15" of 15' of GAC) f GAC) i i I GAC) i n Filter Filter 4 5 15" of 15" of Plastic GAC) Media) 700gpm 8.91 gpm/ Figure 1: Proposed pilot configuration for five -column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon (BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE's HBAC treatment option. The 9 -week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC (GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment (Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2"d Cycle of treatment (Initiating after backwashing required columns only) The 8 -foot tall pilot skid will be filled with 4 feet of plastic media (NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air -scouring. Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 -hours after sampling. Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency. PACE will coordinate and work in good faith with City's water distribution operations to conduct analysis to not create undue burden on the City's system. PACE 500 gpm 6.37 Bpm/ 700 gpm _ 8.91 gpm/ 900 gpm 11.46 gpm/ 700 gpm 8.91 gpm/ 700gpm 8.91 gpm/ sgft 5q -ft.) 5aR.) sq.ft.) , I sq -ft.) Figure 1: Proposed pilot configuration for five -column pilot skid First three filter columns shall be configured in parallel to evaluate different surface loading rates for full scale treatment design and backwash frequency for conventional Biological Activated Carbon (BAC) only treatment while filter column 4 and S will be in series to illustrate performance of PACE's HBAC treatment option. The 9 -week duration of pilot has been tentatively scheduled as follows. e 1 — 3 Weeks: - Initiation of HBAC treatment to exhaust Granular Activated Carbon GAC (GAC) media and to allot time for natural sulfide oxidizing bacterial growth e 4 — 6 Weeks: - 15Y Cycle of Treatment (Initiated after backwashing all filter columns) e 7 — 9 Weeks: - 2"d Cycle of treatment (Initiating after backwashing required columns only) The 8 -foot tall pilot skid will be filled with 4 feet of plastic media (NSF61 approved) and 2 feet of GAC media. This skid will also be capable of raw water backwash and air -scouring. Water samples will be collected at least once a week to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. Sensitive water quality parameters will be tested on site while other water quality tests will be carried out at PACE lab within 24 -hours after sampling. Individual flow rates and change in differential pressures for all filter columns will also be record to estimate full scale backwash frequency. PACE will coordinate and work in good faith with City's water distribution operations to conduct analysis to not create undue burden on the City's system. PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for #B629 Page 3 of 4 The following water quality parameters will be tested on a weekly basis. Table 1— Water quality parameters tested in Task 01 Clans, Parameter Me d Equipment Nlajt r pH* Handheld probe Hach HQ40d Secondary Drinking Water Standard Conductivity Handheld probe OAKTON PCTS 50 Secondary Drinking Water Standard Secondary Drinking WaterTDSHandheldprobeOAKTONPCTS50 Standard ORP* Handheld probe ORPTestr 10 Oxidation Status of the Well General water DO* Handheld probe Hach HQ40d Sensitive for Sulfide Oxidation HACH DR 2800 / Hach Secondary Drinking WaterColor* HACH 8025 DR 900 Standard Turbidity HACH 2100 Secondary Drinking Water TURBIDIMETER Standard Temperature* Handheld probe Hach HQ40d Sensitive for biological activity Sulfide* HACH 8131 HACH DR 2800 Ion of Concern Sulfate HACH 8051 HACH DR 2800 By product of Sulfide Oxidation Nutrient / Sensitive for Sulfide Nitrate- N HACH 10206 HACH DR 2800 Oxidation Ions Ammonia - N HACH 10023 HACH DR 2800 Nutrient for biological activity Secondary Drinking WaterIronHACH8008HACHDR2800 Standard Secondary Drinking WaterManganeseHACH8149HACHDR2800 Standard Remarks: * tests will be conducted onsite for sensitive water quality parameters. After completion of the pilot study, PACE shall remove all pilot equipment from Well site. Task 02 — Chlorine Demand Test and Microbial Diversity Analysis PACE shall provide equipment, materials, and labor to perform a comprehensive chlorine demand tests on raw water and chlorinated water from the Well, to determine the amount of reduction in chlorine demand from the HBAC treatment system. The chlorine demand test shall be conducted on site immediately after the samples are collected. PACE shall carryout microbial diversity analysis on raw well water and biomass growth on GAC media with duplicates to confirm presence of sulfide oxidizing bacterial population. These samples shall be collected twice during end of each stages of treatment and PACE will send them to RTL genomics laboratory for microbial diversity analysis. O PACE Lampson Well - Lampson Well Treatment Analysis - Pilot Program (City of Seal Beach) December 9, 2019 Scope and Compensation for #8629 Page 4 of 4 Task 03 —Technical Memorandum and Presentation PACE shall prepare a Technical Memorandum (TM) to summarize results of the analysis, findings, and provide recommendations data collected from Task 01 and Task 02. Should the City decide to pursue a full scale implementation of PACE's HBAC treatment system, the TM will need to be submitted to the state health regulatory agency for future approval. PACE will also prepare a PowerPoint presentation for the City. SECTION B - COMPENSATION: PACE will complete the work outlined herein and invoice client monthly on a not -to -exceed fee of 33,000 in accordance with the attached "Hourly Labor and Expenses Rates Schedule". Task Description Professional Fee 01 Pilot Skids Installation, Water Sample Monitoring and Demobilization $ 21,000 02 Chlorine Demand Test and Microbial Diversity Analysis $ 5,000 03 Technical Memorandum and Presentation 7,000 TOTAL FEE (Not -to -Exceed): $33,000 ASSUMPTIONS AND EXCLUSIONS: 1. The City shall provide PACE with all available base data and project information in a timely manner, coordination and management of other team consultant(s) to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the City or other consultant(s) include the following: a. Historical water quality monitoring results b. As built drawings for the Well site including mechanical and electrical drawings c. Distribution system maps to identify service area boundaries and piping 2. Any proposed project changes initiated by the City, and not a result of PACE's conduct of business which affect work in progress or previously completed will be justification for additional compensation. 3. No environmental documentation or support, including no environmental permitting. 4. No surveying or construction staking is included. 5. Local government approval meetings, hearings, etc. will be under separate work authorization, if required. 6. Existing utility information research and mapping is not included and will be provided by the City. 7. The fees proposed herein shall apply until one year from date of agreement. Due to ever- changing costs, PACE will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the City up to a maximum of five -percent (5%). PACE 77\\| w 2 2§Ipx U.§ uz2\m 77 2 m w I6Z0L ! EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit 200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. PACIAOU-01 ARODRIGUE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 CONTACT Laura LettieriNAME: HUB International Insurance Services Inc. PHONE FAX 4695 MacArthur Court, Suite 600 (A/C, No, Ext): (A/C, No): NewP ort Beach, CA 92660 E-MAILADDRESS: laura.leffieri@hubinternational.com INSURED Pacific Advanced Civil Engineering Inc. (PACE) 17520 Newhope Street Suite 120 Fountain Valley, CA 92708 INSURER(S) AFFORDING COVERAGE INSURER A: Evanston Insurance Company INSURER B: Atlantic Specialty Ins. Co. INSURER C: Berkshire Hathaway Homestate Insurance Company INSURERD:Arch Specialty Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 35378 27154 20044 21199 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. AUTHORIZED REPRESENTATIVE INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I WVD POLICY NUMBER MM1OD1YYYYI IMWDDIYYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE X OCCURMKLV5PBC000525 4/30/2019 4/30/2020X DAMAGE TO RENTED PREMISES (Ea occurrence) _ $ 300,000 X $5,000 Ded MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2'000'000 oPOLICYXECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 CAP:$10,000,000OTHER B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 X ANY AUTO X 7100322160007 4/30/2019 4/30/2020 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOSSSWN BODILY INJURY (Per accident) $ AUTOS AUTOS Peri acEciidentDAMAGEONLYONLDY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS UAB CLAIMS -MADE MKLV5EUL101645 4/30/2019 4/30/2020 AGGREGATE $ 10'000'000 DED RETENTION $ C WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY OTH- X STATUTE ER - Y / N IPAWC019790 3/2/2019 3/2/2020ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A Mandatory in NH) 1'000'000 If yes, describe under E . DISEASE - EA EMPLOYEE $ 1,000,000DESCRIPTIONOFOPERATIONSbelowE.L. DISEASE -POLICY LIMIT $ D PROF & POLL LIAB CPPOO55298-06 4/30/2019 4/30/2020 EACH CLAIM $3M / DED 100,000 D RETRO DATE: 1/1/1995 CPP0055298-06 4/30/2019 4/30/2020 AGGR $6M / DED 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the named insued during the current policy term. City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are additional insured with respect to general liability and auto liability per CG20101185, CG20370704 and VCA201062018. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions per (GL) IL00171198, (AUTO) VIL619CA0811 & IWC) WC990607107. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityCi of Seal Beach 211 - 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract executed by both parties prior to loss Applies to commercial work only If no entry appears above, information required to complete this endorsement MR be shown in the Declarations as appkcable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liabi{ity arising out of "your Work" for that insured by or for you. CO20101185 Copyright, Insurance Services Office, Inc. Policy Number: 710-03-22-16-0007 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM AUTOMOBILE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered. A. Drive Other Car Coverage — Executive Officers 4. Loss of Use Expenses Increased and Certain Individuals 5. Other Coverage Extensions B. Section If — Covered Autos Liability Coverage a. Airbag Discharge b. Auto Theft Reward 1. Additional Insured — Written Contract, c. Loan/Lease Gap Coverage Agreement, Permit or Authorization d. Rental Reimbursement 2. Broadened Named Insured 6. Diminution in Value 3. Employees as Insureds 7. Communications Equipment Including Employee Hired Autos and 8. Deductible Waived For Glass Repair Fellow Employee Coverage) 4. Newly Acquired or Formed Organizations D. Section IV —Business Auto Conditions 5. Supplementary Payments — 1. Duties in Event of Accident, Claim, Suit or Loss Bail Bonds and Loss of Earnings 2. Waiver of Subrogation When Required by C. Section III — Physical Damage Coverage Written Contract or Agreement 1. Hired Auto Physical Damage Coverage E. Section V — Definitions 2. Towing — Any Covered Autos 1. Bodily Injury — Includes Mental Anguish 3. Transportation Expenses Increased 2. Executive Officer A. Drive Other Car Coverage — Executive Officers and Certain Individuals 1. The following is added to Section I — Covered Autos: Drive Other Car Coverage a. For Covered Autos Liability Coverage and Physical Damage Coverage, "autos" in the care, custody or control of an "insured" described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered "autos". But this does not include any "auto": 1) Owned by any "insured" described in Paragraph 2. below, or any member of their household, including any "auto" that is owned but not insured; 2) Used by an "insured" described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or 3) Insured or covered under another policy. b. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an insured" described in Paragraph 2. below, and their family members residing in the same household, are "insureds" while.- 1) hile: 1) Occupying as a passenger; or 2) A pedestrian when struck by; any "auto" you do not own, hire, lease or borrow, except an "auto" owned by an "insured" described in Paragraph 2. below or members of their household, or an "auto" insured or covered under any other policy. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Copyright 2018, INSURED 2. With respect to Drive Other Car Coverage only, Paragraph A.I. Who is an Insured of Section II — Liability Coverage is amended to include as an "insured" the following: If you are designated in the Declarations as: a. An individual, you and your spouse. b. A partnership, your partners and their spouses. c. An organization other than an individual or a partnership, your "executive officers" and their spouses. 3. Limit of Insurance and Deductible The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an "auto" you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an "auto" you own. 4. Other Insurance Regardless of the existence of other insurance or Paragraph B.5. Other Insurance of Section IV — Business Auto Conditions, Drive Other Car Coverage is primary. B. Section II — Covered Autos Liability Coverage 1. Additional Insured —Written Contract, Agreement, Permit or Authorization Paragraph A.I. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an additional "insured" any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for "bodily injury" or "property damage" caused in whole or in part by your maintenance, operation or use of a covered "auto". But this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the "accident" that caused the "bodily injury" or "property damage"; b. To any person or organization included as an "insured" under any other provisions of this policy, including this or any other endorsement; c. To the independent acts or omissions of such person or organization; or d. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends or the lessor or its agent takes possession of the "auto". 2. Broadened Named Insured Paragraph A.1. Who is an Insured of Section 11 — Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A.1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an "insured" your "employee" while: 1) Using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. 2) Operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Exclusion B.5. Fellow Employee of Section II — Covered Autos Liability is deleted. c. The following is added to B.5.b of Section IV — Business Auto Conditions: Any covered "auto" hired or rented without a driver by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered "auto" you own. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Copyright 2018, 4. Newly Acquired or Formed Organizations Paragraph A.1. Who is an Insured of Section II — Covered Autos Liability Coverage is amended to include as an "insured" any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But: 1) Coverage under this provision is afforded only until the end of the policy period; and 2) Coverage does not apply to "bodily injury" or "property damage" caused by an "accident' that occurred before you acquired or formed the organization. 5. Supplementary Payments — Bail Bonds and Loss of Earnings In Paragraph A.2.a. Supplementary Payments of Section II — Covered Autos Liability, the following replaces Paragraphs (2) and (4): 2) Up to $3,500 for 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. C. Section III — Physical Damage Coverage 1. Hired Auto Physical Damage Coverage a. If hired "autos" are covered "autos" under Section If — Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any auto" you own, a hired "auto" will be deemed a covered "auto" for Physical Damage Coverage subject to the provisions in Paragraph b. below. b. For Hired Physical Damage Coverage provided by paragraph a. above: 1) The most we will pay for "loss" to any hired "auto" is the lesser of: a) $75,000 for "autos" of the private passenger type and $50,000 for all other "autos"; b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2) The Deductible is the largest Deductible for the applicable coverage for an "auto" you own. 3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis. 2. Towing — Any Covered Autos The following replaces Paragraph A.2. Towing of Section III — Physical Damage Coverage: We will pay up to $100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered "auto" is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations. 3. Transportation Expenses Increased In Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered "auto" of the private passenger type are increased to $75 per day, to a maximum of $2,250. 4. Loss of Use Expenses Increased The following replaces the last paragraph in Paragraph A.4.b. Loss Of Use Expenses of Section III — Physical Damage Coverage: However, the most we will pay for any expenses for loss of use is $1,000. 5. Other Coverage Extensions If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section III — Physical Damage Coverage: VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2018, a. Airbag Discharge We will pay to reset or replace a covered "auto's" airbag that accidentally discharges without the auto" being involved in an "accident" if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to 2,000 for information leading to the arrest and conviction of anyone stealing a covered "auto". But we will not pay a reward to you, any family members or "employees" or any public officials while performing their duties. c. Loan/Lease Gap Coverage If a covered "auto" is subject to a long-term loan or lease that requires, in writing, that the lender or lessor be an additional "insured", and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the "auto" at the time of loss" and the remaining balance on your loan or lease. But we will not pay for: 1) Any amount paid under the policy's Physical Damage Coverage; or 2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments. d. Rental Reimbursement We will pay for expenses to rent an "auto" of the private passenger type because of "loss" to a covered "auto" of the private passenger type. But: 1) We will only pay expenses incurred during the policy period at the time of the "loss" and ending, regardless of the policy period, six days after the "loss". 2) The most we will pay is the lesser of: a) Reasonable and necessary expenses actually incurred; or b) $50 per day. 3) This coverage does not apply if a spare or reserve "auto" is available to you. 4) If "loss" is because of the total theft of a covered "auto", we will pay only those amounts that are not already covered under Transportation Expenses. No Deductible applies to this Coverage Extension. 6. Diminution in Value The following is added to Exclusion 13.6. of Section III — Physical Damage Coverage.- This overage: This exclusion does not apply to "diminution in value" of a covered "auto" of the private passenger type used in the conduct of the "insured's" business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such "diminution in value" is the lesser of: a. 20 percent of the actual cash value of the "auto" as of the time of the "loss"; or b. $7,500. 7. Communications Equipment The following is added to Paragraph B. Exclusions of Section III — Physical Damage Coverage: Exclusions 4.c. and 4.d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered "auto" and designed for use as a: a. Citizen's band radio; b. Two-way mobile radio or telephone; VCA 20106 18 Includes copyrighted material of Insurance Sendces Office, Inc., with its permission. Page 4 of 5 Copyright 2018, c. Scanning monitor receiver; or d. GPS navigation system. No Deductible applies to "loss" to such communications equipment. But the most we will pay for all such communications equipment is $5,000 for any one "loss". 8. Deductible Waived For Glass Repair The following is added to Paragraph D. Deductible of Section III — Physical Damage Coverage: No Deductible applies if glass that is damaged is repaired rather than replaced. D. Section IV — Business Auto Conditions 1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions: The requirements that you must notify us of an "accident", claim, "suit" or "loss", or send us documents concerning a claim or "suit", apply only if the "accident", claim, "suit" or "loss" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) An "executive officer" or insurance or risk manager, if you are a corporation; or 4) A manager, if you are a limited liability company. The requirement that you must notify us as soon as practicable of an "accident", claim, "suit" or "loss" does not apply if you report the "accident", claim, "suit" or "loss" to your workers' compensation insurer and the "accident", claim, "suit" or "loss" later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an "accident", claim, "suit" or "loss" is a liability claim rather than a workers' compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV — Business Auto Conditions. 2. Waiver of Subrogation When Required by Written Contractor Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV — Business Auto Conditions: We will waive any right of recovery against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a covered auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", but only if the "insured contract" is executed before the "accident" or "loss" occurs. E. Section V — Definitions 1. Bodily Injury — Includes Mental Anguish The following is added to Paragraph C. of Section V — Definitions: Bodily injury" includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time. 2. Executive Officer The following is added to Section V — Definitions: Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2018, POLICY NUMBER: MKLV5PBC000525 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract executed by both parties Applies to Commercial Work only prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 17 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; INTERLINE IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 710032216-0007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., 3. and 5. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of Cancellation if we cancel for: 1) Nonpayment of premium; or 2) Discovery of fraud by: a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: 1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. 2) Discovery of fraud or material misrepresentation by a) Any insured or his or her representative in obtaining this insurance; or b) You or your representative in pursuing a claim under this policy. 3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. 4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. 5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. 6) A determination by the Commissioner of Insurance that the: a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or b) Continuation of the policy coverage would: i) Place us in violation of California law or the laws of the state where we are domiciled; or VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 Copyright 2011, OneBeacon Insurance Group LLC E -INSURED ii) Threaten our solvency. 7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: 1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud. or 2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under the following: Commercial Property Coverage Part a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: 1) Accepted an offer of earthquake coverage; or 2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises_ This restriction (c.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions: Commercial Property Coverage Part C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under the following: Commercial Property Coverage Part a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc. VIL 619 CA 08 11 Copyright 2011, OneBeacon Insurance Group LLC However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins, Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: 1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; 2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or 3) We have: a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to the following, which excludes loss or damage caused by or resulting from corrosive soil conditions: Commercial Property Coverage Part 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. VIL 619 CA 08 11 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 3 Copyright 2011, OneBeacon Insurance Group LLC WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 (Ed 1-07) CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. We may cancel this Policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; C. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. If you cancel this policy or if we cancel due to ran -payment of premium. First, the premium computed in accordance with Section 1, Rule 2, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. (When the Policy was written for a one-year period, the extended number of days will equal the number of days the policy remained in force). Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full policy premium times the short rate percentage. The Short Rate Table below will be used in computing the Short Rate Premium. In no event will the final earned premium be less than the policy minimum premium. WC 99 06 07 Page 1 of 2 Ed 1-07) Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System – Construction Management & Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 (714) 832-7222 This Professional Service Agreement (“the Agreement”) is made as of September 8, 2025 (the “Effective Date”), by and between Butier Engineering, Inc. (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 1 ORANGE COUNTY WATER DISTRICT PRODUCER WELL CONSTRUCTION LOAN PROGRAM LOAN AGREEMENT This LOAN AGREEMENT (“Loan Agreement” or “Agreement”) is entered into on February 19, 2025 (“Effective Date”) by and between the Orange County Water District (“District” or “OCWD”) and the City of Seal Beach (“City” or “Producer”), a California charter city. District and Producer may each individually be referred to herein as a “Party” and may be collectively referred to as the “Parties.” RECITALS A. The City produces groundwater from the Orange County Groundwater Basin within OCWD (“Basin”); and B. This Agreement is entered into pursuant to District’s Well Construction Loan Program (“Program”), attached hereto as Exhibit “A” and incorporated herein by this reference, as a component of District’s management of the Basin per, among other authorities, the Orange County Water District Act (the “Act”), Section 2.6, 2.11 and 2.13; and C. The Program aims to support current groundwater Producers in the Basin to attain the Basin’s current and anticipated basin production percentage (“BPP”) through loan assistance for well construction projects which are reasonably anticipated to increase a Producer’s pumping capacity in the Basin up to or above the current BPP; and D. Pursuant to the Program, OCWD awards loans to the most meritorious Producer applicants, as determined by OCWD in its sole discretion, utilizing the Program’s award criteria that have been established by the OCWD Board of Directors (as such criteria may be amended from time to time by OCWD), a copy of which criteria are set forth in Exhibit “A” attached to this Loan Agreement; and E. Producer submitted an application to District for a loan in accordance with OCWD’s criteria, and, after consideration of Program applicants, District desires to loan to Producer, and Producer desires to borrow from District, funds in the amount set forth on “Exhibit “B” and subject to the rules for repayment described herein and on Exhibit “B” (the “Loan”), attached hereto, to support the project identified and described on Exhibit “C” attached hereto (the “Project”), subject to the terms and conditions of this Loan Agreement. NOW THEREFORE, the Parties agree as follow: AGREEMENT 1. Term. This Agreement shall take effect on the Effective Date. However, the twenty year term for repayment of the Loan shall begin upon substantial completion of the Project, as defined in Subsection (a) of this Section 1, and shall continue until the earlier of (i) the date the Loan, plus all accrued interest and                    2 fees/charges, is repaid in full by Producer to District, or (ii) the date that is (20) years from substantial completion of the Project, as further detailed in Exhibit “B” (which contains the specific terms and conditions of repayment of the Loan). The Loan must be fully repaid within twenty (20) years of substantial completion of the Project, provided that Producer may fully repay the Loan less than twenty (20) years after substantial completion without penalty. a. As used in this Loan Agreement, the phrase “Substantial Completion” means the following: the date that Producer notifies OCWD that Producer is able to pump water from the Project (which notification shall be promptly made by Producer). 2. Application Process and Loan Disbursements. Disbursement of funds by OCWD to Producer made per this Loan Agreement are envisioned to occur in the following manner, some steps of which the Parties acknowledge may have already occurred. First, any producer seeking to obtain a loan for well construction shall submit an application in a form of application as identified in Exhibit “A” (which OCWD may revise from time to time as OCWD deems appropriate) providing all requested information sought by OCWD therein. Second, OCWD staff will evaluate the applications for merit based upon the award criteria approved by the OCWD Board in Exhibit “A” and seek such additional information as may be needed by OCWD to make a decision on the application. Third, OCWD staff will determine which applications most align with the OCWD Board criteria and offer participation in the loan program to the most highly rated applicants based upon funding available. Fourth, once the Loan Agreement is executed between OCWD and a Producer, each Producer will, in accordance with the individualized loan details in Exhibit “B”, pay for the costs to construct the Project out of its own funds. Fifth, after paying for the costs to construct the well out of its own funds, the Producer will invoice OCWD for the costs of the Project within 30 days of incurring the cost. OCWD will then reimburse Producer for those authorized expenditures within 30 days of receipt of the invoice. The amounts reimbursed by OCWD per the Producer’s invoice(s), whether in one lump sum or in phases, shall constitute the “Loan” that must be repaid per the terms of ‘this Loan Agreement within the 20-year term. Reimbursable costs for the Project are set forth in Section 3, Loan Specifications and Exhibit “B.” 3. Loan Specifications. a. Award of Loan. By execution of this Loan Agreement, District agrees to loan to Producer, and Producer agrees to borrow from District, the Loan on the terms set forth herein, in an amount not to exceed $____________________, and at the rate of interest and per the terms specified in Exhibit “B”, and with interest to begin to accrue upon the date of substantial completion as defined in Section 1. District’s General Manager, or designee, shall be authorized to disburse the Loan per the procedure described in Section 2 and Exhibit “B”, and upon receipt by                    3 District of such other documents and assurances as District may require of Producer as a condition of awarding the Loan authorized herein. b. Permitted Use. Producer agrees that (i) Exhibit “C” accurately describes the Project and (ii) that the Loan shall only be used for the Project. Any use of any portion of the Loan funds for any purpose other than reimbursement to Producer for the costs of construction of the Project shall constitute a default under this Loan Agreement and shall authorize District to recover any misapplied funds disbursed to Producer as part of this Program. As used herein, “construction” includes actual construction, design, preconstruction, construction inspection and management, CEQA compliance, and reasonable federal, state, regional and local permitting and regulatory compliance costs, but do not include the costs of defending litigation and or administrative enforcement associated with the Project. Producer shall maintain such records as are necessary and convenient for District to verify that the Loan funds are used in accordance with the requirements of this Loan Agreement. c. Additional Funding Requirements. In the event District finances the Loan with grant or other funding from non-District funding sources with restrictions on the use of such funds, the source of such funding and restrictions shall be identified, where applicable, in Exhibits “A” and “B.” Where such sources are identified by the District, Producer agrees to comply with any and all additional requirements and restrictions on the Loan as the same are identified by District on Exhibit “B.” Exhibit “B” will be amended, as necessary, to include conditions on funding that may be imposed by an entity providing a grant, earmark, or other funding to OCWD after the Effective Date. Producer agrees not to unreasonably oppose any such amendment. d. Interest. Interest on the Loan shall accrue at the rate set forth on Exhibit “B.” Interest shall not begin to accrue until substantial completion of the Project as defined in Section 1 has occurred. Timely Repayment. Producer shall repay the entire Loan, whether disbursed by OCWD in one, or more than one, installments, plus accrued interest, no later than the date that is twenty (20) years from date of substantial completion of the Project. Payments shall be made annually per the attached amortization schedule provided on Exhibit “B” with the first payment due to OCWD on the one year anniversary of substantial completion of the Project. Failure of Producer to timely make payments shall result in a 3% (three percent) monthly penalty on all delinquent amounts which shall accrue each month that amounts required to be paid herein remain delinquent. Notwithstanding the foregoing, Producer may prepay all or any portion of the Loan without any penalty, fee or charge. e. Producer Obligation to Build and Operate the Project, and OCWD Remedies in the Event of Non-Performance. Producer has an obligation to operate, maintain, and repair the Project funded by OCWD herein for a period of twenty (20) years (which commences on the date of substantial completion and ends twenty years thereafter, unless: (1) the Loan authorized by this Agreement is repaid in full prior to the end of such 20-year period (2) the 20-year period is otherwise modified in writing by OCWD and                    4 Producer. If Producer terminates, cancels, or otherwise ceases operations of the Project prior to twenty (20) years from the date of substantial completion of the Project for reasons other than loan prepayment or modification of the 20-year term by OCWD, without the express consent of the OCWD Board of Directors, such action by Producer can be considered a default of this Loan Agreement. After OCWD provides notice of default per this section, Producer shall have a reasonable opportunity to dispute the determination of default or cure the default, and must provide a response to OCWD within 30 days. If Producer does not respond within thirty (30) days, or if OCWD continues to believe that Producer is in default, then OCWD can require Producer to repay OCWD any remaining balance within thirty (30) days of issuing a notice to terminate. OCWD shall consider in good faith any materials or justification provided by Producer as to why Producer is not in default under this paragraph. The term “cease operations” shall mean when the Project site is no longer being improved, maintained, repaired, or operated for a period of longer than four (4) months without prior written notice to District, or for a period of longer than one (1) year with or without notice, unless District agrees to a longer period in writing, which agreement shall not be unreasonably withheld. i. Additionally, where Producer receives Loan funds from OCWD, but does not obtain substantial completion on the Project within three (3) years of the first disbursement of funds by OCWD, OCWD shall have the right, but not the obligation, to declare a default, thereby triggering the repayment obligations detailed in Section 3.f. 4. Project Responsibility . a. Producer Responsible for Project. Apart from the Loan authorized by this Loan Agreement, this Loan Agreement does not obligate District in any way to complete, finance, maintain, or otherwise manage the Project, and Producer shall remain solely responsible for all aspects of the Project including Project financing outside of the funds provided to Producer per this Loan Agreement. This Loan Agreement does not commit District to processing, granting, or assisting with procuring any governmental or other approvals for the Project, and Producer shall be independently responsible for obtaining the same. Producer’s failure to obtain all required approvals for the Project constitutes a default, as defined under Section 7, of this Agreement. b. Maintenance of Project. Producer agrees that during the repayment term, Producer will at all times maintain the Project and Project Site in good condition, in compliance with all applicable laws, rules, and regulations, and shall keep the Project site free from the accumulation of debris or waste. c. Compliance with Laws. i. Producer agrees to comply with all applicable laws related to this Loan and to the Project, including but not limited to all applicable laws related to the payment of prevailing wage rates and the performance of other labor requirements to “public works” and                    5 “maintenance” projects, including pursuant to California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., the Federal Davis-Bacon Act, as amended, United States Code, Title 40, Section 3141 et seq. (where applicable), and other applicable prevailing wage laws, and all laws prohibiting discrimination or denial of benefits on the basis of any legally protected category, including but not limited to race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status. Where the payment of prevailing wages is required, Producer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work available to interested parties upon request, and shall post copies at Producer’s principal place of business and at the Project site. Producer’s indemnification obligations in Section 4 hereof shall specifically apply to any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws connected in any way to the Loan, the Project, or this Loan Agreement. ii. OCWD agrees to comply with all applicable federal, state, regional and local laws related to the Program, the Loan issued pursuant to the Program, and this Agreement. 5. Indemnification. a. Indemnification by Producer. Except as otherwise provided in Subsection (a)(i) or (ii) of this Section 5, Producer shall indemnify, defend and hold harmless the District, including its directors, officers, officials, employees, volunteers and agents (collectively the “District Indemnified Parties”) from any claims, actions, damages, penalties, costs, expenses, liability, loss, injury or other liabilities of any kind (collectively “Liabilities”), in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or relating to any alleged acts, errors or omissions, or noncompliance of Producer, its elected or appointed officials, officers, employees, agents, volunteers, those Producer independent contractors serving in the role of Producer officials, subcontractors, consultants, subcontractors or subconsultants in connection with the Loan, the Project, and any matter otherwise connected to this Loan Agreement, including without limitation the payment of expert witness fees and attorney’s fees and other related costs and expenses, except to the extent the Liabilities arise from the sole negligence or willful misconduct of the District Indemnified Parties as determined by final arbitration or court decision or by agreement of the Parties. Moreover, Producer shall hold OCWD harmless, and indemnify OCWD, in the event of any claims filed against Producer or OCWD for any groundwater contamination or other environmental liability to the extent alleged by the claimant to have been                    6 caused by Producer in the construction, operation, maintenance or repair of the well(s) funded herein. b. Indemnification by District. District agrees to indemnify Producer for OCWD’s sole active negligence where the harm alleged to have been caused is directly attributable to OCWD’s loan of funds related to the Project. 6. Insurance. a. Producer shall obtain and maintain such liability insurance as District may require which shall protect Producer and District from claims for damages associated with the construction, operation, maintenance and repair of the well(s) funded as part of the Program. The insurance required by this Loan Agreement shall include: (i) general liability and premises liability with policy limits of not less than four Million Dollars ($4,000,000.00) combined single limit, including contractual and premises liability; (ii) Builders Risk/Course of Construction Policy with the project value as the limit. With respect to Builders Risk/Course of Construction Policy, Producer may satisfy the insurance requirements through the insurance policies provided by a contractor that complies with the provisions of this section, provided OCWD is made an additional insured. Such insurance shall be maintained for the entire term of this Agreement unless waived in writing by the OCWD Board. Without limiting any other provision of this Loan Agreement, Producer’s failure to maintain the insurance required hereunder shall constitute a default of this Loan Agreement. Producer shall furnish an original certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate for the liability policies named above shall name the Indemnified Parties as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify District by certified mail of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. b. Coverage provided hereunder by Producer shall be primary insurance and not contributing with any insurance maintained by District, and the policy shall contain such an endorsement. c. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of District. d. The required certificate shall be furnished by Producer within ten (10) days following the Effective Date. e. The insurance required by this paragraph shall include coverage against damage to or loss of the well(s) funded by OCWD per this Loan Agreement by reason of environmental contamination, fire, smoke, earthquake, lightning, windstorm, hail, aircraft, vehicles, sprinkler leakage, vandalism, malicious mischief, theft, strike, riot or civil commotion, breakage of pipes or apparatus and explosion.                    7 7. Defaults. a. Default and Cure. Failure or delay by either Party to perform any material provision of this Loan Agreement constitutes a default under this Loan Agreement. Unless otherwise specified in this Agreement, the Party who so fails or delays must commence to cure, correct, or remedy such failure or delay within sixty (60) days from the date of the notice of default or delay by the other Party, and shall complete such cure, correction or remedy with reasonable diligence. If a default remains uncured by such 60-day deadline, the other Party shall give written notice of uncured default to the Party in default, specifying the uncured default complained of by the other Party. Except as required to protect against further damages, the injured Party may not terminate this Loan Agreement or institute proceedings against the Party in default until fifteen (15) days after giving such notice of uncured default. Delay in giving any notice shall not constitute a waiver of any default nor shall it change the time of default as set forth in the notice. b. Acceleration Upon Default. In the event of a default by Producer which remains uncured following the time periods set forth herein, District may declare the entire unpaid balance of the Loan, plus any interest accrued thereupon, to be immediately due and payable to District. In the event of acceleration under this Section, and unless a separate section of this Loan Agreement specifies a different timeline, the entire unpaid balance of the Loan, plus any interest/penalties accrued thereupon, shall be due and payable to OCWD within thirty (30) days of written notice from District to Producer thereof. c. Legal Remedy for Default. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Loan Agreement. 8. General Provisions. The following general provisions shall apply to this Loan Agreement: a. Amendments. This Loan Agreement may only be amended by mutual written agreement of the Parties hereto. b. Applicable Law, Venue. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Venue shall be in Orange County, California, or in such other court of appropriate jurisdiction/venue as the Parties may agree upon. c. Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Loan Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing non- prevailing party reasonable attorney’s fees and all other costs of such action. d. Captions, Construction. The language of this Loan Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for                    8 performance shall be deemed calendar days and not work days. All references to Producer include all elected and appointed officials, officers, employees, agents, those Producer agents serving as independent contractors in the role of Producer officials, contractors, consultants, and subcontractors of Producer, except as otherwise specified in this Loan Agreement. All references to District include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Loan Agreement. The captions of the various articles, sections, and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Loan Agreement. e. Counterparts. This Loan Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. f. Entire Agreement. This Loan Agreement contains the entire understanding and agreement of the Parties related to the subject matter hereto and supersedes all prior written and oral negotiations, understandings, or agreements. g. Incorporation of Recitals and Exhibits. The Recitals set forth above, and Exhibits “A,” “B,” and “C,” are incorporated into this Loan Agreement by this reference. h. Invalidity, Severability. If any portion of this Loan Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. i. No Assignment. This Loan Agreement may not be assigned by either without the prior written consent of the other Party. j. Non-Liability of District Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no member, official or employee of District shall be personally liable to Producer, or any successor in interest, in the event of any default or breach by District or for any amount which may become due to Producer or successor or on any obligations under the terms of this Loan Agreement. k. Non-Liability of Producer Officials and Employees. Absent a finding by a court of criminal conduct related to this Agreement, no elected or appointed official, officer, or employee of Producer shall be personally liable to District, or any successor in interest, in the event of any default or breach by Producer or for any amount which may become due to District or successor or on any obligations under the terms of this Loan Agreement. l. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Loan Agreement. m. Notice. Formal notices, demands and communications between District and the Producer shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District and the Producer, as designated in Exhibit “A.” Such written notices, demands and communications may be                    9 sent in the same manner to such other addresses as either Party may from time to time designate in writing as provided in this Section. Any written notice, demand or communication shall be deemed received immediately if personally delivered and shall be deemed received on the fifth (5th) day from the date it is postmarked if delivered by registered or certified mail. n. Political Activity. No member, official or employee of District shall have any personal interest, direct or indirect, in this Loan Agreement nor shall any such member, official or employee participate in any decision relating to the Loan Agreement which affects his personal interests or the interests of any corporation, partnership or association in which it is, directly or indirectly, interested. Producer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Loan Agreement except for payments of Producer’s attorneys’ and consultants’ fees as Producer may incur in preparation of this Loan Agreement. Producer shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. o. Survival, Successors in Interest. All obligations arising prior to the expiration or termination of this Loan Agreement and all provisions of this Loan Agreement allocating liability between District and Producer shall survive the expiration or termination of this Loan Agreement. This Agreement shall be binding on the Parties and their respective successors in interest. p. Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of District or Producer. q. CEQA and Regulatory Approvals: Producer shall be responsible, as lead agency, and at its own cost, for complying with all requirements of the California Environmental Quality Act (“CEQA”), and all other environmental laws applicable to Producer, in connection with the construction and operation of the well(s) constructed with funds obtained per this Loan Agreement, and Producer may retain qualified consultants to assist in CEQA and other regulatory compliance. Producer’s costs for CEQA compliance and for permitting and regulatory compliance costs associated with the construction and startup of the well(s) funded per this Agreement including but not limited to such consultant and other technical and expert costs, will be eligible for reimbursement by the District. However, costs of CEQA litigation or administrative/regulatory enforcement costs associated with well construction and entitlement are not eligible for reimbursement. [SIGNATURE PAGE FOLLOWS]                    10 SIGNATURE PAGE TO LOAN AGREEMENT PRODUCER: CITY OF SEAL BEACH DISTRICT: ORANGE COUNTY WATER DISTRICT By: By: Interim City Manager General Manager Dated: Dated: By: Board President Dated: APPROVED AS TO FORM: ATTEST AS TO LEGAL FORM RUTAN & TUCKER LLP By: By: Nicholas R. Ghirelli, City Attorney General Counsel                        EXHIBIT “A” PROGRAM AWARD CRITERIA AND APPLICATION I. Overall Criteria for Funding Producer Well Construction Projects: a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well). Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority. b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced. c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such re-prioritization based upon the other criteria identified herein. d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time? e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete? f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board: i. Producer applicants must agree to sign the template loan agreement provided herein, in substantially the form provided herein, or as amended by mutual agreement in writing between the Parties. Requests for other than minor modifications to the template loan agreement will not be considered by OCWD and may preclude the Producer from participating in the Program.                    ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program. iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion. II. Applicant’s Information A. Legal Name of Agency: B. Mailing Address: C. Applicant’s Authorized Representative(s): Name: Phone: Title: Email: Address: III. Project Information A. Well Designation:                    B. Location (attach map(s) to indicate agency boundary and proposed new well location) C. Estimated size of proposed facilities: 1. Well Capacity: ______________ gpm 2. Casing diameter: _____________ inches 3. Casing depth: _______________ feet 4. Length of distribution pipeline: __________ feet 5. Targeted perforated intervals: ___________ feet below ground surface 6. Treatment requirement (if any): _________ 7. Other: D. Project Schedule Beginning Ending E. What is the expected life of the project? IV. Preliminary Design A. Has a preliminary design/hydrogeology report been initiated or completed? Yes ____ No ____ If yes, please submit copies with your application. B. What percent of preliminary design activities are completed? __________ C. Estimated date of completion of preliminary design: _________ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____ Design Construction Operation                    E. Estimated date of CEQA compliance? F. Please list all required permits (including discharge requirements) and expected dates of receipt: Type Permit/Agency Expected Date of Receipt V. Technical Information A. Provide a brief description of the possible water quality problems at the proposed well site: B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected: C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site? Yes ____No ____ Date expected: VI. Financial Information A. Estimated project capital cost: $ ______________ B. Estimated amount of OCWD funds requested: $ Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary Design/Hydrogeology Final Design Construction Other (Land, right-of-way, etc.) Total Capital Cost                    C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _____________ D. Projected capacity following completion of this project: ____________________ Fund Repayment Request term of repayment (the maximum term is 20 years): _____________________ Applicant Authorization Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program. Send completed application to: colsen@ocwd.com or by mail to: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Chris Olsen, P.E., Executive Director Certification I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program. Authorized Representative Date Registered Engineer Date                    EXHIBIT “B” LOAN SPECIFICATIONS AND OTHER SPECIAL PROVISIONS APPLICABLE TO INDIVIDUAL PROJECTS AUTHORIZED PER THIS LOAN AGREEMENT Principal Loan Amount (to be added upon receipt of notice of substantial completion) Dollars and Cents ($______________ .___) Principal Interest On the amounts of principal remaining unpaid as of the date of Substantial Completion, until said principal sum is paid, at the rate equal to the Yield to Maturity on the District’s investment on the District’s Portfolio holdings as determined on a monthly basis as of the Effective Date of this Agreement, but in no event to exceed ten percent (10%) per annum. Interest shall begin accruing on the date of Substantial Completion of the Project. Additional Requirements and Special Provisions The payment obligation, and the first annual loan repayment (including principal and interest), shall commence on the one year anniversary of Substantial Completion, as defined in Section 1 of the Loan Agreement. The District shall provide notice to Producer of the annual amount due on each one-year anniversary of Substantial Completion, as defined in Section 1 of the Loan Agreement, along with an amortization schedule explaining the amount of interest accrued during the prior one-year anniversary period, by invoice issued by OCWD not less than thirty (30) days prior to the anniversary payment due date.                    EXHIBIT “C” PROJECT SPECIFICATIONS [Insert Project Details Here]                    EXHIBIT “A” PROGRAM AWARD CRITERIA AND APPLICATION I. Overall Criteria for Funding Producer Well Construction Projects: a. Highest Priority to Significant New Production Capacity that the Producer Intends to Use as a Primary Source of Supply: Preference will generally be given by OCWD to well construction projects that produce new production capacity as a primary source of supply (rather than serving primarily as a back-up well). Projects that a Producer demonstrates will meaningfully increase the amount of groundwater the Producer can safely and reliably produce from the Basin will generally receive the highest priority. b. New Wells Preferred: Addition of new wells, rather than replacement of existing wells, is generally preferred by OCWD absent evidence that an existing well is failing and the proposed replacement well will have significantly greater production capacity than the well that will be replaced. c. Timeliness of application: OCWD will generally give priority to the earliest complete applications received, but reserves the right to prioritize later received applications where strong justification exists for such re- prioritization based upon the other criteria identified herein. d. Shovel Ready: Is the Project shovel ready and has the Producer demonstrated that the Project can obtain required permits and approvals in a reasonable period of time? e. PFAS: Will the Project require OCWD to expend additional funds on PFAS treatment after well construction is complete? f. Cost: Projects that are of lower cost to the District, thereby allowing for the District to potentially fund more well projects for more Producers, may receive priority over Projects that are of higher cost to the District. g. Participation in the Program Is not an Entitlement, and Shall Be Within the Sole Discretion of the OCWD Board: i. Producer applicants must agree to sign the template loan agreement provided herein without material changes, in substantially the form provided herein. Requests for other than minor modifications to the template loan agreement will not be -2- considered by OCWD and may preclude the Producer from participating in the Program. ii. OCWD may, from time to time, develop such other criteria as the OCWD Board may direct, particularly where funds are insufficient to fund all complete applications for the Program. iii. The Program is entirely at the discretion of OCWD and creates no legal entitlement of any kind until such time as a loan Agreement is executed by OCWD and a Producer. Funding of the Program in any given year is at the sole discretion of the OCWD Board of Directors, and OCWD reserves the right to refuse to fund any or all proposed projects, in its sole and absolution discretion. II. Applicant’s Information A. Legal Name of Agency: __________________________________________ B. Mailing Address: _______________________________________________ ___________________________________________________________ C. Applicant’s Authorized Representative(s): Name: __________________________ Phone: ____________________ Title: ___________________________ Email: _____________________ Address: ___________________________________________________ ________________________________________________________ III. Project Information A. Well Designation: _______________________________________________ -3- B. Location (attach map(s) to indicate agency boundary and proposed new well location) C. Estimated size of proposed facilities: 1. Well Capacity: __________ gpm 2. Casing diameter: __________ inches 3. Casing depth: __________ feet 4. Length of distribution pipeline: ________ feet 5. Targeted perforated intervals: ________ feet below ground surface 6. Treatment requirement (if any): ________ 7. Other: __________________________________________________ D. Project Schedule Beginning Ending E. What is the expected life of the project? _________________ IV. Preliminary Design A. Has a preliminary design/hydrogeology report been initiated or completed? Yes ____ No ____ If yes, please submit copies with your application. B. What percent of preliminary design activities are completed? _______ C. Estimated date of completion of preliminary design: _______ D. Method for compliance with California Environmental Quality Act (CEQA)? Categorically Exempt ____ Negative Declaration ____ Design Construction Operation -4- E. Estimated date of CEQA compliance? ___________________ F. Please list all required permits (including discharge requirements) and expected dates of receipt: Type Permit/Agency Expected Date of Receipt V. Technical Information A. Provide a brief description of the possible water quality problems at the proposed well site: B. Do you have adequate data to determine the quality of the groundwater? Yes ____ No ____ Date expected: ____________________________ C. Do you have adequate data to determine the aquifer transmissivity in the vicinity of the proposed well site? Yes ____ No ____ Date expected: ____________________________ VI. Financial Information A. Estimated project capital cost: $_________________ B. Estimated amount of OCWD funds requested: $______________________ Cost Classification OCWD Share ($) Applicant’s Share ($) Total ($) Preliminary Design/Hydrogeology Final Design Construction Other (Land, right-of-way, etc.) Total Capital Cost -5- C. Current capacity (acre-feet/year) to produce groundwater in relation to the total annual water demand (acre-feet/year): _________ D. Projected capacity following completion of this project: _______________ Fund Repayment Request term of repayment (the maximum term is 20 years): _________________ Applicant Authorization Submit a certified copy of resolution adopted by the governing body of the agency authorizing this applicant to the Orange County Water District Well Construction Program. Send completed application to: colsen@ocwd.com or by mail to: Orange County Water District P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Chris Olsen, P.E., Executive Director Certification I/We certify that this application is complete and technically correct and that OCWD will rely on the information provided herein in determining eligibility for the Program. _______________________________________ ___________________ Authorized Representative Date _______________________________________ ___________________ Registered Engineer Date 11/27/2024 Payment Number Payment Date Beginning Balance Payment Principal Interest Ending Balance Loan Amount 4,450,000.00$ Annual Interest Rate 3.336% Loan Term (Years) 20 Annual Payment $308,478.55 1 1/1/2027 4,450,000.00$ $308,478.55 $160,026.55 148,452.00$ 4,289,973.45$ 2 1/1/2028 4,289,973.45$ $308,478.55 $165,365.03 143,113.51$ 4,124,608.42$ 3 1/1/2029 4,124,608.42$ $308,478.55 $170,881.61 137,596.94$ 3,953,726.81$ 4 1/1/2030 3,953,726.81$ $308,478.55 $176,582.22 131,896.33$ 3,777,144.59$ 5 1/1/2031 3,777,144.59$ $308,478.55 $182,473.00 126,005.54$ 3,594,671.58$ 6 1/1/2032 3,594,671.58$ $308,478.55 $188,560.30 119,918.24$ 3,406,111.28$ 7 1/1/2033 3,406,111.28$ $308,478.55 $194,850.68 113,627.87$ 3,211,260.60$ 8 1/1/2034 3,211,260.60$ $308,478.55 $201,350.89 107,127.65$ 3,009,909.71$ 9 1/1/2035 3,009,909.71$ $308,478.55 $208,067.96 100,410.59$ 2,801,841.75$ 10 1/1/2036 2,801,841.75$ $308,478.55 $215,009.11 93,469.44$ 2,586,832.64$ 11 1/1/2037 2,586,832.64$ $308,478.55 $222,181.81 86,296.74$ 2,364,650.83$ 12 1/1/2038 2,364,650.83$ $308,478.55 $229,593.80 78,884.75$ 2,135,057.04$ 13 1/1/2039 2,135,057.04$ $308,478.55 $237,253.05 71,225.50$ 1,897,803.99$ 14 1/1/2040 1,897,803.99$ $308,478.55 $245,167.81 63,310.74$ 1,652,636.18$ 15 1/1/2041 1,652,636.18$ $308,478.55 $253,346.60 55,131.94$ 1,399,289.58$ 16 1/1/2042 1,399,289.58$ $308,478.55 $261,798.25 46,680.30$ 1,137,491.33$ 17 1/1/2043 1,137,491.33$ $308,478.55 $270,531.84 37,946.71$ 866,959.50$ 18 1/1/2044 866,959.50$ $308,478.55 $279,556.78 28,921.77$ 587,402.72$ 19 1/1/2045 587,402.72$ $308,478.55 $288,882.79 19,595.75$ 298,519.92$ 20 1/1/2046 298,519.92$ $308,478.55 $298,519.92 9,958.62$ (0.00)$ Item Unit Qty. Unit Price Total 1 Mobilization, Construction Trailer, Permits, Bonds, Insurance, Construction Scheduling, and Demobilization LS 1 $ 50,000 $ 50,000 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) and Install and Maintain Construction BMPs LS 1 $ 14,000 $ 14,000 3 Prepare a Shoring Plan by a California Licensed Structural Engineer LS 1 $ 10,000 $ 10,000 4 Prepare Spill Prevention and Emergency Response Plan LS 1 $ 4,000 $ 4,000 5 Prepare Traffic Control Plans by a California Licensed Traffic Engineer LS 1 $ 8,000 $ 8,000 6 Implement Traffic Control LS 1 $ 30,000 $ 30,000 7 Pothole Existing Utilities and Confirm Tie-in Locations LS 1 $ 10,000 $ 10,000 8 Survey and Verify All Elevations and Dimensions Of Existing Utilities and Confirmed Tie-in Locations LS 1 $ 20,000 $ 20,000 9 Site Demolition Per Plan, Remove Existing Chainlink Fence, Clearing and Grubbing LS 1 $ 20,000 $ 20,000 10 Pressure Testing and Pipe Disinfection LS 1 $ 30,000 $ 30,000 11 Site Excavation, Scarification, Recompaction, CAB, and Remove & Dispose Excess Soil LS 1 $ 50,000 $ 50,000 12 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Storm Drain Pipe Per Plans LF 110 $ 300 $ 33,000 13 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 12" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 70 $ 300 $ 21,000 14 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 6" PVC Drain Pipe, Junction Boxes, Thrust Blocks, Pavement Restoration and Appurtenances to Existing Sewer Manhole Per Plans LF 50 $ 280 $ 14,000 15 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manhole and Connect 6" PVC Drain Pipe EA 1 $ 5,000 $ 5,000 16 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 4" PVC Perforated Drain Pipe Per Plans LF 135 $ 150 $ 20,250 17 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Influent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 100 $ 1,000 $ 100,000 18 Furnish and Install All Labor, Material and Equipment Required to Construct Buried 16" CMCL Welded Steel Effluent Pipe, Valve, Fittings, Thrust Blocks, Pavement Restoration and Appurtenances with Cathodic Protection Per Plans LF 85 $ 1,000 $ 85,000 19 Furnish and Install All Labor, Material and Equipment Required to Tie-in Existing 16" Well Discharge to CMCL Welded Steel Influent and Effluent Piping Per Plan, Including and Not Limited to Thrust Blocks, Pavement Restoration, Valves, Fittings and with Associated Appurtenances Per Plans LS 1 $ 80,000 $ 80,000 20 Furnish and Install Buried 18" PVC Drain Pipe, Vault, Pavement Restoration and Appurtenances to Existing Storm Drain Vault Per Plans LF 30 $ 450 $ 13,500 21 Furnish and Install Buried 4" PVC Pipe, Junction Boxes, Pavement Restoration and Appurtenances for Separate Future Communication Fibers Per Plans LF 100 $ 500 $ 50,000 22 Furnish and Install all Labor, Material, and Equipment Required to Construct Buried 6" PVC Sewer Pipe, Fittings, Trench, and Pavement Restoration LF 50 $ 500 $ 25,000 23 Furnish and Install All Labor, Material and Equipment Required to Modify Existing Sewer Manholes and Connect 6" PVC Sewer Pipe EA 2 $ 5,000 $ 10,000 24 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes and Appurtenances for Electrical System Per Plans LS 1 $ 50,000 $ 50,000 25 Furnish and Install Various Diameters PVC Conduits and Conductors, Junction Boxes, and Appurtenances for Instrumentations and Controls Per Plans LS 1 $ 50,000 $ 50,000 26 Furnish and Install Buried 2" PVC Pipe Sleeve, Fittings, Chlorine Tubing, Injector, Pavement Restoration and Appurtenances to the Existing Chlorine Injection Piping Per Plans LS 1 $ 30,000 $ 30,000 27 Furnish and Install Buried 3" 316 Stainless Steel Air Pipe, Junction Boxes, Valves, Fittings, Pavement Restoration and Appurtenances Per Plans LF 120 $ 500 $ 60,000 28 Furnish and Install Two 7.5 HP Air Compressors, Piping, Fittings, and Appurtenances Per Plans LS 1 $ 150,000 $ 150,000 29 Furnish and Install Reinforced Concrete Pad, with Concrete Access Ramps for the Treatment System Per Plans LS 1 $ 150,000 $ 150,000 30 Furnish and Install Various Diameters Above Ground Stainless Steel Influent and Effluent Header Pipes with Supports, Fittings, and Appurtenances Per Plans LS 1 $ 350,000 $ 350,000 31 Transport and Install Four (4) Owner-Furnished 12' Diameter Steel Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 32 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From Each Pressure Vessels with Supports, Valves, Fittings, and Appurtenances Per Plans LS 1 $ 200,000 $ 200,000 33 Furnish and Install Various Diameters Above Ground Stainless Steel Pipes From the Pump Pad with Pumps, VFDs, Mazzei Injectors, Steel Rack, Supports, Valves, Fittings, and Appurtenances to Each Pressure Vessels Per Plans LS 1 $ 150,000 $ 150,000 34 Furnish and Install Various Diameters Electrically Actuated Isolation/Modulating Valves, Butterfly, and Ball Valves Per Plans LS 1 $ 250,000 $ 250,000 35 Furnish and Install Various Diameters Manual Isolation Valves, Such as Air Vacuum/Release, Butterfly, and Ball Valves Per Plans LS 1 $ 50,000 $ 50,000 36 Furnish and Install Various Above Ground Electrical and Communication Conduits and Conductors for Each Vessel LS 1 $ 50,000 $ 50,000 37 Furnish and Install Pre-Fabricated Fiberglass Structure, Railings, Bollards, A/C System, Lighting, and Receptacles Per Plans LS 1 $ 120,000 $ 120,000 38 Furnish and Install 12' Diameter Detention Tank Per Plans LS 1 $ 25,000 $ 25,000 39 Furnish and Install Concrete Pad for Detention Tank LS 1 $ 40,000 $ 40,000 40 Furnish and Install Various Diameters Flow Meters, with Conduits, Conductors, Fittings, and Appurtenances Per Plans LS 1 $ 100,000 $ 100,000 41 Furnish and Install Electrical Conduits, Conductors, Power Sub-Panel, and Owner-Furnished Central Control Panel Inside the New Fiberglass Structure LS 1 $ 100,000 $ 100,000 42 Furnish and Install 8' Tall CMU Block Walls Per Plans LF 180 $ 300 $ 54,000 43 Treatment System Set-Up and Start-Up Testing (Assume 5 Days) EA 5 $ 2,000 $ 10,000 44 Provide two (2) Separate Four (4) Hour Training Sessions on all Newly Installed Equipment LS 1 $ 10,000 $ 10,000 45 Provide two (2) Hard Copies and the Electronic Copies of Newly Installed Equipment O&M Manuals LS 1 $ 2,500 $ 2,500 Subtotals and Costs Construction 2,854,250$ Contingency 10% 285,425$ Engineer's Estimate w/ Construction Contingency 3,139,675$ Engineer's Estimate of City Pre-Purchase Pressure Vessels 1,100,000$ City of Seal Beach - Lampson Well Treatment System 100.1 IFC Engineer's Opinion of Probable Construction Cost PACE JOB NO. B629 1 LAMPSON WELL TREATMENT SYSTEM –CIP WT1902 CITY OF SEAL BEACH SEPTEMBER 8, 2025 WHAT TO EXPECT •Project Overview •Bid Summary and Recommendations •Construction Support •OCWD Producer’s Loan – Budget Amendment •Council Actions Requested PROJECT OVERVIEW •Water & Sewer Rate Adjustment Project List •Hydrogen sulfide (H2S) removal - Improves groundwater quality •H2S is NOT a health concern – nuisance odor & taste •Construction to begin Fall 2025 •Minimal traffic impacts along Lampson Avenue BID SUMMARY & RECOMMENDATIONS •Formal bid process: 6 bids received •Metro Builders & Engineers, Ltd. (Metro Builders) Bid Protest : •RE Chaffee Construction, Inc. (RE Chaffee): Critical omission in bid proposal (Sustain) •Covenant Technical Solutions, Inc. (CTS): Technical ability/Experience (Overrule) •Recommendations: Find RE Chaffee bid as non-responsive Award construction contract to CTS - Base bid: $5,649,257 •Recommended City Manager authorization: Contingency (10%): $565,000 CONSTRUCTION SUPPORT •Amendment 3 – Pacific Advanced Civil Engineering (PACE) Extend term through June 2028 Increase: $144,870 •Professional Services Agreement – Butier Engineering, Inc. (Butier) Construction management & inspection services: $494,722 City Manager authorization for additional services: Up to $50,000 BUDGET AMENDMENT •Orange County Water District (OCWD) Loan Amendment Increase from $4.45M to $7M •Pending OCWD Board Approval – September 11, 2025 •Update FY 25-26 CIP Budget for WT1902 Budget Amendment BA #26-03-03 for $2,550,000 BUDGET AMENDMENT Design / Construction / Construction Support: •Pilot Program and Design Services (Completed): $ 530,167 •Construction Bid (CTS): $ 5,649,257 •Construction Contingency (approx. 10%): $ 565,000 •CM & Inspection Services (Butier): $ 494,722 •CM & Inspection Services Contingency (approx. 10%): $ 50,000 •Engineering Services (PACE) – Amendment 3: $ 144,870 $ 7,434,016 Funding: •CIP WT1902: $ 530,167 •Current OCWD Loan (FY25-26 Approved Budget): $4,450,000 •OCWD Loan (Additional requested amount): $2,550,000 (pending OCWD Board approval on 09/11/25) $ 7,530,167 RESOLUTION 7689 •Approves the project plans and specifications •Sustains Metro Builder’s bid protest against RE Chaffee and finds the RE Chaffee bid as non- responsive •Overrules Metro Builder’s bid protest against CTS and awards Public Works Agreement to CTS •Approves Amendment 3 to PSA with PACE for Engineering Services •Approve Professional Services Agreement (PSA) to Butier for Construction Management Services •Authorize City Manager to enter into a new OCWD agreement reflecting the updated amount •Direct City Manager to accept and expend the additional OCWD loan amount •Approve Budget Amendment BA #26-03-03 to CIP WT1902 THANK YOU! Agenda Item J AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, - ADA Improvement Design Options ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans. BACKGROUND AND ANALYSIS: The Americans with Disabilities Act (ADA) of 1990 is a federal law that protects the rights of individuals with disabilities. It consists of five (5) titles that prohibit discrimination in key areas: employment (Title I), state and local government services (Title II), public accommodations and commercial facilities (Title III), telecommunications (Title IV), and other provisions (Title V). Title II of the ADA and its implementing regulations (the 2010 ADA Standards for Accessible Design) require structural accessibility in state and local governmental facilities. State and local governments, such as the City, that receive federal funding must also comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973. In addition, California law requires that all buildings, structures, sidewalks, curbs, and related facilities, constructed in California with state, county, or municipal funds, or the funds of any political subdivision of the state, be accessible to and usable by people with disabilities. To meet these legal requirements and ensure equal access, the City conducted a comprehensive review of its policies, programs, and facilities to identify barriers faced by individuals with disabilities. The City has prepared an ADA Transition Plan, a living document that is currently being updated to demonstrate its commitment to accessibility, to serve as a roadmap for making necessary improvements to comply with accessibility standards and enhance access to City services and facilities. One such area that the City has evaluated is the access to and from the City’s beach parking lots next to the pier and the pier itself. Page 2 1 8 3 5 Accessible parking stalls are provided in both the 8th Street and 10th Street beach parking lots, which also allow access to the public restrooms, the beach, and the adjacent tot lot playground area. However, based on assessments of existing facilities, it has been determined that the existing ramps leading to Eisenhower Park, the pier and the Police Department (PD) Substation are not compliant with current accessibility regulations. Similarly, the surrounding pier area lacks proper accessible routes connecting to the beach, the restrooms and the tot lot area. Accordingly, the 8th and 10th Street Parking Lots & ADA Ramps (Project), CIP BP2402, was budgeted in the Capital Improvement Program budget, in part, to assess and improve accessibility. Based on proposals received from the City’s on-call consultants, staff selected David Evans and Associates to survey the pier plaza and provide possible alternative compliance methods. Below is a list of alternative options, with cost estimates, that will bring the 8th and 10th Street parking lots into ADA compliance. Those options are a part of the presentation for City Council and are listed as follows: Option Description Total Cost 1A 8th Street switchback from Eisenhower Park $ 684,564 1B 10th Street switchback from Eisenhower Park $ 345,384 2A 8th Street pier ramp switchback $ 540,500 2B 10th Street pier ramp switchback $ 540,500 3A 8th Street parking lot driveway ramp $ 670,055 3B 10th Street parking lot driveway ramp $ 226,762 4 Full pier ramp (one side with bathroom access closure)$1,237,855 The final design will include wayfinding signage along Main Street and Ocean Avenue, as appropriate, based on the selected option or combination of options selected to direct motorists and pedestrians to locate accessible parking spaces and access points. Staff has evaluated all proposed alternatives and finds them to be feasible. However, Staff recommends proceeding with Option 1B, as (1) it is one of the more cost-effective options, (2) the 10th Street parking lot location and gradient allow for a smoother transition from Ocean Avenue to the parking lot; and, (3) the improvement location would retain the 8th Street parking lot for potential future upgrades to the Lifeguard Headquarters, as well as enhancements currently under consideration through the Main Street-Pier Vision Plan. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that the selection of a design option will not have a significant effect on the environment. Project-related environmental impacts will be evaluated under a separate effort. Page 3 1 8 3 5 LEGAL ANALYSIS: The City Attorney has reviewed the resolution and approved as to form. FINANCIAL IMPACT: Adequate Project design and construction funds for the recommended Option 1B are budgeted in the FY 2025-2026 budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7690 approving the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, ADA improvement Design Option 1B, and direct staff to proceed with detailed design plans. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7690 RESOLUTION 7690 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DIRECTING STAFF TO PROCEED WITH DESIGN ALTERNATIVE 1B FOR THE 8th AND 10th STREET PARKING LOTS & ADA RAMPS, CIP BP2402 WHEREAS, the Americans with Disabilities Act (ADA) of 1990 is a federal law that protects the rights of individuals with disabilities, and Title II of the ADA prohibits discrimination against persons with disabilities in the programs, services and activities of state and local governments and requires structural accessibility in their facilities; and, WHEREAS, California’s state and local governments that receive federal funding must also comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973; and, WHEREAS, California law requires that all buildings, structures, sidewalks, curbs, and related facilities, constructed in California with state, county, or municipal funds, or the funds of any political subdivision of the state, be accessible to and usable by people with disabilities; and, WHEREAS, the City of Seal Beach has been conducting a comprehensive review of its policies, programs, and facilities to identify any barriers faced by individuals with disabilities, including the development of an ADA Transition Plan to demonstrate the City’s commitment to accessibility; and, WHEREAS, based on assessments of the City’s current physical facilities, the City has determined that ramps leading to Eisenhower Park, the pier and the Police Department (PD) Substation are not compliant with current accessibility regulations; and, WHEREAS, CIP BP2402 was budgeted in the City’s FY 2025-2026 budget, in part, to access and improve physical accessibility for the 8th and 10th Street parking lots; and, WHEREAS, Staff has presented alternatives for accessibility compliance for City Council to review and provide direction to staff on which alternative to design; and, WHEREAS, Staff recommends Alternative 1B for the list of Alternatives presented to City Council. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City accepts the proposed alternatives as presented. Section 2. The City Council hereby directs staff to proceed with detailed design plans for Alternative 1B. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7690 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk 8TH AND 10TH STREET PARKING LOTS CIP BP2402 –ADA IMPROVEMENTS CITY OF SEAL BEACH SEPTEMBER 8, 2025 OUR SPECIALIZED OFFERINGS The Americans with Disabilities Act (ADA) of 1990 is a federal law that protects the rights of individuals with disabilities. State and local governments, such as the City, that receive federal funding must also comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973. OUR SPECIALIZED OFFERINGS To meet these legal requirements and ensure equal access, the City of Seal Beach conducted a comprehensive review of its policies, programs, and facilities to identify any barriers faced by individuals with disabilities. Accordingly, the 8th and 10th Street Parking Lots & ADA Ramps, CIP BP2402, was budgeted in the Capital Improvement Program budget, in part, to improve accessibility and overall access. OPTION 1A Option Description Total Cost OPTION 1A OPTION 1A OPTION 1B Option Description Total Cost OPTION 1B OPTION 1B OPTION 2A Option Description Total Cost OPTION 2A OPTION 2A OPTION 2B Option Description Total Cost OPTION 2B OPTION 2B OPTION 3A Option Description Total Cost OPTION 3A OPTION 3A OPTION 3B Option Description Total Cost OPTION 3B OPTION 3B OPTION 4 Option Description Total Cost OPTION 4 Cost Estimate Summary Options Description Total Cost SERVICES WE OFFER Lorem ipsum dolor Lorem ipsum dolor Lorem ipsum dolor cSummary Recommendation by staff to select option 1B Design selection will allow both ADA improvements and parking lot repaving projects to begin design Initial cost estimates include both ADA improvements and repaving within CIP budget THANK YOU! Agenda Item K AGENDA STAFF REPORT DATE:September 8, 2025 TO:Honorable Mayor and Members of the City Council THRU:Patrick Gallegos, City Manager FROM:Shaun Temple, Interim Community Development Director SUBJECT:Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County’s Finding of Housing Element, Zoning Code Amendment and Main Street Specific Plan Amendment Inconsistency ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7691: 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and, 2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the State Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676. BACKGROUND AND ANALYSIS: Airport Land Use Commission The Orange County Airport Land Use Commission (ALUC) is an advisory committee created by the Public Utilities Code (PUC) to assist local agencies in ensuring compatible land uses. This is done primarily through their adoption of a land use compatibility plan, known in Orange County as the Airport Environs Land Use Plan (AELUP) for the Joint Forces Training Base Los Alamitos (JFTB), against which proposed land uses are compared and evaluated for consistency. The 1 2 4 4 AELUP includes a variety of information designed to help development surrounding the JFTB be compatible with the airport use, including heights, noise, and general safety. PUC Section 21676(b) requires the City to submit certain documents including General Plans, Specific Plans and zoning ordinances to the ALUC for a consistency determination with the adopted AELUP. As such, the City submitted the 2021-2029 Housing Element to the ALUC on February 1, 2022, shortly after the City Council adopted it. The ALUC considered the item at its February 17, 2022 meeting and found it inconsistent with the AELUP. After following the legislated process contained within PUC Sections 21676 and 21676.5, the City Council overruled the determination on August 29, 2022. It is worth noting that while a number of changes were made to the Housing Element between 2022 and today, no new housing sites were identified. Following a series of revisions to achieve certification from the California Department of Housing and Community Development (HCD), the 2021-2029 Housing Element was again submitted to the ALUC for consideration, along with the necessary Zoning Code Amendment and Main Street Specific Plan (MSSP) Amendment that must be implemented in order to remain compliant with State law and create opportunities for housing development. All three items were referred to the ALUC on April 24, 2025 and heard at its August 7, 2025 meeting. City staff attended the meeting, and answered questions from the ALUC commissioners, primarily related to the approval process for the Old Ranch Country Club Specific Plan and development of housing at Leisure World. After review and discussion, the ALUC voted unanimously (5-0) to find the City's Housing Element Update, Zoning Code Amendment, and MSSP Update inconsistent with the AELUP. The ALUC’s letter is included as Attachment B. AELUP Consistency - Height The AELUP defines acceptable height limits in the areas surrounding the JFTB in order to accommodate takeoff and landing of aircraft. These limits are established through the Federal Aviation Administration Part 77 Obstruction Imaginary Surfaces. The height restrictions related to the identified Housing Element sites, the Zoning Code Amendment, and the MSSP Amendment are consistent with the AELUP, which is documented in the ALUC staff report. AELUP Consistency - Noise The AELUP uses the Community Noise Equivalent Level (CNEL) system for measuring noise impacts, which is a weighted average of noise over time. The AELUP defines the noise exposure in the 60-65 dBA CNEL noise contour (Noise Impact Zone 2) as “Moderate Noise Impact” and in the 65-70 dBA CNEL noise contour (Noise Impact Zone 1) as “High Impact.” (AELUP Sections 3.2.3, 3.2.4.) Residential uses are identified as “conditionally consistent” for the 60-65 dBA CNEL noise contour and “normally inconsistent” for the 65-70 dBA CNEL noise contour (AELUP Section 3, Table 1 “Limitations on Land Use Due to Noise”). Two 1 2 4 4 Housing Element sites are partially within the conditionally consistent 60 dBA CNEL zone: the Old Ranch Town Center and the Old Ranch Country Club. However, residential uses are not outright prohibited by the AELUP. Instead, they are required to be developed with insulation systems that bring the sound attenuation to no more than 45 dB inside, a requirement that is consistent with the City’s General Plan Noise Element and the AELUP requirements. As such, the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the AELUP. Attachment D is a map excerpt from the AELUP, identifying noise contours, and Attachment E is an excerpt from the Noise Element, showing noise contours associated with roadways, to provide additional context of existing noise conditions in Seal Beach and consistency of the City’s standards with the AELUP provisions. AELUP Consistency - Safety AELUP Section 2.1.2 (Safety) describes accident potential zones and clear zones at the JFTB. Accident potential and clear zones were set in 1994 and based on Department of Defense criteria. Prior to 1995, the ALUC utilized a 10-year accident history which found that the accident potential zone was located within the boundaries of JFTB, and no additional accident potential zones are identified beyond the clear zones. (Clear zones are marked as “CZ” on Attachment D). No development is proposed within the clear zones, therefore the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the AELUP. ALUC Determination The ALUC determination letter sent to the City (Attachment B) did not provide findings or specific information as to why the Housing Element Update, Zoning Code Amendment, and MSSP Amendment were found to be inconsistent with the AELUP. However, the ALUC staff report suggested the following reasons. 1. Section 2.1.1 Aircraft Noise, that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." (ALUC Staff Report, p. 6) 2. PUC Section 21674, (as referenced in Section 1.2 of the AELUP for JFTB Los Alamitos) which states that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." (ALUC Staff Report, pp. 6-7) General Land Use Policies in Section 3.2.1 which states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which (1) Places people so that they are affected adversely by aircraft noise and (2) 1 2 4 4 Concentrates people in areas susceptible to aircraft accidents. (ALUC Staff Report, pp. 6-7)In drafting the Housing Element, the City worked diligently to identify the housing opportunity sites contained in the Housing Element, including consultation with the adopted AELUP, which was drafted specifically by the ALUC for the purpose of creating compatibility between the JFTB and surrounding uses. The Housing Element Update does not identify any additional opportunity sites, but merely relabeled one of the nine sites, the Old Ranch Country Club site (referred to as Site 3 in the 2022-2029 Housing Element), as a “pipeline project” because since 2022 the City has received a development application for that site, including a Specific Plan, which is undergoing its own separate environmental review. Any proposed Specific Plan for that the Old Ranch Country Club pipeline project will be separately submitted for ALUC review. All proposed development sites comply with the noise criteria, height limitations, and safety standards set forth in the AELUP. Liability During Council discussion on August 11, 2025 related to an update on the Housing Element, questions regarding liability were raised. PUC Section 21678 states that if the City overrides ALUC's action or recommendation, the operator of the airport shall be immune to liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision to overrule the ALUC determination. The discussion of liability is a complex one, particularly in this case, where the airport is operated by the military, specifically the U.S. Army. Generally speaking, the U.S. Government is already exempt from liability for accidents resulting from military activities. The PUC does not provide immunity to any other entities, including other aircraft operators. Further, the Government Code generally grants jurisdictions immunity from tort liability related to the issuance of a permit, such as a building permit, and the exercise of discretionary decision-making, such as the adoption of a land use plan. Ultimately, developers assume liability for their projects. Overrule Process As a final review authority on legislative acts, the City Council may choose to overrule the ALUC's determination by following a two-step process, which is established in Public Utilities Code Sections 21676 and 21676.5. The first step in the process, tonight’s action, is to adopt a resolution of intention to override, a copy of which would be sent to the ALUC and the Division of Aeronautics of the California Department of Transportation to provide formal notification of the City's intent. A decision on overruling the ALUC cannot take place less than 45 days after notice of the City Council’s proposed action. The ALUC and Division of Aeronautics may provide comments to the City Council within 30 days of receiving the resolution of intent. If comments from the ALUC and/or the Division of Aeronautics are not made available within this time frame, the City Council may act without them. Any comments by the ALUC and Division of Aeronautics are advisory to the 1 2 4 4 Council and must be included in the public record of any final decision by the City Council to overrule the ALUC’s determination. The second step in the process is that, not less than 45-days after notification has been sent to the ALUC and Division of Aeronautics, the City Council must conduct a public hearing, after which the City Council may decide whether to adopt a resolution to overrule the ALUC and make specific findings that the Housing Element, Zoning Code Amendment, and MSSP Amendment are consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670. Based on the statutory timeline, this will likely result in the overrule action to be presented to the Council simultaneously with adoption of those documents and the associated Environmental Impact Report. If the City Council fails to revise the documents that ALUC has found inconsistent, or fails to overrule the ALUC’s inconsistency determination based on specific findings, then the ALUC may, pursuant to PUC Section 21676.5(a), require the City to submit all subsequent actions, regulations, and permits to the ALUC for review until the general plan or specific plan are revised or the specific findings are made. However, under PUC Section 21676.5(b), if the City Council has revised its documents or has overruled the ALUC, the proposed action of the City shall not be subject to further ALUC review, unless the ALUC and the City agree that individual projects shall be reviewed by the ALUC. The resolution (Attachment A) notifies the ALUC and the Division of Aeronautics of the City's intent to conduct a public hearing and consider whether to adopt a resolution overruling the ALUC inconsistency determination for the Housing Element, Zoning Code Amendment, and MSSP Amendment. If the resolution of intention is adopted, the City Council would conduct the public hearing at a later date, at which time the City Council would consider all comments received, including from the ALUC and the Division of Aeronautics, and then make a decision. The resolution to overrule the ALUC at the future hearing must be adopted by a two-thirds vote of the City Council. Alternatives The City Council may decide not to overrule ALUC’s determination of inconsistency. One option is to identify alternative sites for new housing units that HCD would find acceptable, amend the Housing Element, and submit it to HCD for consideration. Much like the process that unfolded over the last four years, staff expects such an option would take years to accomplish, placing the City at risk of fines, litigation, and builder’s remedy projects. Additionally, the current EIR would need to be updated, and a new one may need to be completed. This action would not guarantee a finding of consistency from the ALUC, particularly as the ALUC has not provided specific findings related to the AELUP that can be addressed. As an additional point of reference, Attachment C is a letter from HCD to the City of Los Alamitos regarding the ALUC’s finding of inconsistency for their Housing Element. 1 2 4 4 The City Council may also choose to take no action. Staff does not recommend this option, as it may result in the ALUC imposing a requirement to review all land use actions, regulations, and permits under PUC Section 21676.5, which would substantially delay entitlement and building permit processes including those related to meeting the City’s share of the Regional Housing Needs Assessment (RHNA). ENVIRONMENTAL IMPACT: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. LEGAL ANALYSIS: The City Attorney has reviewed and approved the proposed resolution as to form. FINANCIAL IMPACT: There is no fiscal impact related to this item. STRATEGIC PLAN: Adoption of the Housing Element was identified as a Council priority. ALUC review of the Housing Element is part of the update process. RECOMMENDATION: That the City Council adopt Resolution 7691: 1. Notifying the Orange County Airport Land Use Commission and the Division of Aeronautics of the California Department of Transportation of the City’s intention to find that the General Plan 2021-2029 Housing Element Update, Zoning Code Amendment, and Main Street Specific Plan (MSSP) Amendment are consistent with the purposes of the State Aeronautics Act and overrule the Orange County Airport Land Use Commission’s determination that the Housing Element Update, Zoning Code Amendment and MSSP Amendment are inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan; and 2. Authorizing the City Manager to submit Resolution 7691 to the Orange County Airport Land Use Commission and the Division of Aeronautics, and schedule a public hearing pursuant to Public Utilities Code Section 21676. 1 2 4 4 SUBMITTED BY: NOTED AND APPROVED: Shaun Temple Patrick Gallegos Shaun Temple, Interim Community Development Director Patrick Gallegos, City Manager ATTACHMENTS: A. Resolution 7691 B. ALUC Letter of Determination C. HCD Letter to City of Los Alamitos D. Map of Noise Contours and Clear Zones E. Noise Element Map of Noise Contours F. ALUC Staff Report, August 7, 2025 RESOLUTION 7691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, MAKING DRAFT FINDINGS AND NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY’S INTENTION TO FIND THAT THE GENERAL PLAN 2021-2029 HOUSING ELEMENT UPDATE AND ASSOCIATED ZONING CODE AMENDMENT AND MAIN STREET SPECIFIC PLAN AMENDMENT ARE CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE HOUSING ELEMENT UPDATE AND ASSOCIATED ZONING CODE AMENDMENT AND MAIN STREET SPECIFIC PLAN AMENDMENT ARE INCONSISTENT WITH THE 2017 JOINT FORCES TRAINING BASE LOS ALAMITOS AIRPORT ENVIRONS LAND USE PLAN WHEREAS, Section 200 of the City of Seal Beach (" City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and, WHEREAS, the City worked with its consultants, the community, Planning Commission and City Council to prepare its General Plan 2021-2029 Housing Element as required by Government Code Section 65580 et seg. (Housing Element Law); and, WHEREAS, Housing Element Law requires the City adopt policy changes related to land use and zoning to allow for housing to be developed consistent with the Housing Element to receive certification from the California Department of Housing and Community Development; and, WHEREAS, the City is proposing to amend its 2021-2029 Housing Element (Housing Element Update), and to amend Title 11 of the Municipal Code (Zoning Code) and the Main Street Specific Plan (MSSP) to be consistent with the Housing Element Update (together the Zoning Code Amendment, MSSP Amendment, and Housing Element Update are the “Project”) and allow for housing development opportunities; and, WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the Orange County Airport Land Use Commission (“ALUC”) to review for consistency with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan (“AELUP”); and, WHEREAS, on August 7, 2025, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the Project is inconsistent with the AELUP; and, 6 7 8 9 WHEREAS, as the final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, overrule the ALUC by a two-thirds vote, if it makes specific findings that the Project is consistent with the purposes of Public Utilities Code Section 21670 regarding the protection of the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation (“Division”) with notice of the City’s intent to consider overruling the ALUC determination along with specific findings at least 45 days prior to the City’s action to overrule the ALUC; and, WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notification of the findings of proposed override within 30 days of receiving the proposed resolution and findings; and, WHEREAS, in the event the ALUC or Division’s comments are not available within this timeframe, the City may act without them; and, WHEREAS, the comments by the ALUC and Division are advisory to the City under state law; and, WHEREAS, the City Council shall include any comments from the ALUC and the Division in the final record of any final decision by the City Council to overrule the ALUC, which may only be adopted by a two-thirds vote of the City Council; and, WHEREAS, the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City with regard to the Project’s consistency with the purposes of Public Utilities Code Section 21676 and such draft findings may be revised, amended, and/or supplemented as part of any final decision to overrule the ALUC’s determination; and, WHEREAS, should the City Council adopt this resolution making the draft findings and declaration an intent to consider overruling the ALUC determination that the Project is inconsistent with the AELUP and directing staff to transmit the required notice to the ALUC and the Division, a public hearing will be required in order for the City Council to make a final decision whether to overrule the ALUC inconsistency determination. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Declares its intent to conduct a public hearing and its intent to consider 6 7 8 9 overruling the ALUC’s determination that the proposed Project is inconsistent with the AELUP based on the following draft findings: a. The 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan (“AELUP”) of the Orange County Airport Land Use Commission (“ALUC”) guides the orderly development of the Joint Forces Training Base Los Alamitos (“JFTB”) and the ALUC airport influence area through implementation of the standards in AELUP Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards is intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure no structures or activities adversely affect navigable airspace. b. AELUP Section 2.1.1 sets forth the Community Noise Equivalent Level (“CNEL”) standards. The Project includes nine opportunity sites (including one pipeline project) and identifies two (2) of those housing opportunity sites to be within the 60 dB CNEL contour for JFTB. None of the opportunity sites are within the 65 dB CNEL. c. Sections 3.2.3 and 3.2.4, respectively, of the AELUP define the noise exposure in the 60-65 dB CNEL noise contour (Noise lmpact Zone 2) as “Moderate Noise lmpact” and in the 65-70 dB CNEL noise contour (Noise lmpact Zone 1) as “High lmpact.” Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential as “conditionally consistent” with the 60-65 dB CNEL noise contour and “normally inconsistent” with the 65-70 dB CNEL noise contour. However, residential uses are not outright prohibited in these Noise Impact Zones. lnstead, AELUP Section 3.2.3 requires residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside. The City’s General Plan Noise Element page N-30 states that indoor noise levels for residential living spaces shall not exceed 45 dB LDN/CNEL. The Noise Element page N-9 further states that exterior noise up to 70 dB LDN/CNEL is conditionally acceptable for multi-family residential. d. The AELUP Sections 2.1.3 (Airspace Protection/Building Height Restrictions), Section 3.2.6 (Height Restriction Zone) and Section 3.2.7 (Airspace/Airport Inconsistency) evaluate building height under the Federal Aviation Administration (FAA) Part 77 Obstruction Imaginary Surfaces for JFTB Los Alamitos (FAA Part 77). The existing maximum building heights allowed under the Zoning Code for residential districts range from 25 to 35 feet, and 35 feet in commercial areas, and these limits are unchanged by the Zoning Code Amendment or MSSP Amendment. The height limit for the new MC-RHD zone would be five stories or 65 feet. The maximum height limit of the opportunity sites would not allow development to penetrate the 6 7 8 9 imaginary surface specified in the FAA Part 77 at any of the locations. Further, the City’s General Plan requires compliance with the JFTB operations. The Land Use Element requires that proposed uses for the Old Ranch Town Center and Rossmoor Center for compatibility with JFTB operations, and discourages further encroachment into the JFTB flight path. The City’s Safety Element provides that structures within the City should not exceed the elevations or constitute obstructions under the FAA Part 77. Additionally, all developments within the City will be subject to the FAR Part 77 Notice requirements. Thus, the Housing Element Update, Zoning Code Amendment and MSSP Amendment are consistent with the AELUP. e. The AELUP Section 2.1.2 (Safety) sets forth zones identified as accident potential zones and clear zones. All accident potential zones are completely within the JFTB boundaries. No Housing Element opportunity sites (including the pipeline project or the MSSP) are located within the identified clear zones. f. The Project is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to the JFTB. The standards and policies set forth in Sections 2 (Planning Guidelines) and 3 (Land Use Policies) of the AELUP were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3 of the AELUP. Section 4. The City Council hereby directs City staff to provide notice, in accordance with Sections 21676(b) and 21676.5(a) of the Public Utilities Code, to the ALUC and Caltrans Department of Transportation, Division of Aeronautics, of the City’s intent to overrule the ALUC’s determination of inconsistency for the Project based on the above findings, at least 45 days prior to the scheduled public hearing date for consideration of the proposed overruling action by the City Council. Section 5. The City Council hereby further directs City staff to take all other actions necessary to effectuate the purpose and intent of this resolution. Section 6. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment 6 7 8 9 because it is limited to the City's proposal to overrule the ALUC's determination. The Project has been independently reviewed and evaluated pursuant to CEQA. Section 7. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of September, 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7691 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of September 2025. Gloria D. Harper, City Clerk STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov October 24, 2023 Ron Noda, Development Services Director Development Services Department 3191 Katella Avenue Los Alamitos, CA 90720 RE: Failure to Overrule the Airport Land Use Commission’s Inconsistency Findings – Letter of Inquiry Dear Ron Noda: The California Department of Housing and Community Development (HCD) understands the City Council’s vote at the public hearing held on August 21, 2023, failed to overrule the Airport Land Use Commission for Orange County (ALUC) determination that the City of Los Alamitos’ (City) housing element was not consistent with the Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (AELUP). HCD hereby inquires as to the implications of this failed vote on: (1) the validity of the City’s housing element and (2) the development of housing on the three affected sites 1 in the housing element site inventory. HCD is also inquiring about next steps to ensure the City remains in compliance with State Housing Element Law (Gov. Code, § 65580 et seq). HCD requests the City provide a written response by November 27, 2023. Background Pursuant to Public Utilities Code section 21676, the ALUC has review authority for a local jurisdiction’s amendments to a general plan, including the housing element, specific plans, zoning ordinances, and building regulations within the planning boundary established by the ALUC. Accordingly, the City referred the draft 6th cycle housing element for ALUC’s review, and on January 19, 2023, the ALUC held a public hearing and considered the City’s housing element. The ALUC expressed noise, height, and safety concerns with Sites 6, 7, and 10. These three sites are critical properties that account for over half of the City’s Regional Housing Needs Assessment (RHNA), and Site 6 has a mixed-income project that is currently in review. Ultimately, ALUC found the entire housing element to be inconsistent with the AELUP.2 1 Sites 6, 7, and 10 of City of Los Alamitos 2021- 2029 Housing Element. 2 ALUC Agenda Item 1, January 19, 2023 – City of Los Alamitos Request for Consideration of Draft Housing Element. Ron Noda, Development Services Director Page 2 On February 21, 2023, the City held a public hearing to initiate the process to overrule ALUC’s determination. The City adopted Resolution 2023-04 to notify ALUC of its intent to find the housing element consistent with the purposes of the State Aeronautics Act and the AELUP. At that same hearing, the City adopted the housing element and rezoning program to implement the housing element programs and policies. On May 1, 2023, HCD found the housing element to be in substantial compliance with State Housing Element Law. Notably, in its adopted housing element, the City did not: (1) describe or analyze the ALUC process in relation to the potential development of key sites in the site inventory or (2) discuss the potential override of the ALUC determination. On July 17, 2023, the City Council held a study session at a public meeting and deliberated overruling ALUC’s determination but did not vote at this meeting. On August 21, 2023, the City Council held a second study session and voted 3-2 to overrule the ALUC’s determination. However, this vote was insufficient to overrule ALUC’s determination because a two-thirds vote is required (Public Utilities Code § 21676). According to Public Utilities Code section 21676.5, if the City does not overrule ALUC’s determination with a two-thirds vote and make findings of consistency or does not revise the housing element to bring it into consistency with the AELUP, ALUC may require the local agency to submit all subsequent actions, such as development applications for projects in the City’s jurisdiction, to the ALUC for review and decision. On September 23, 2023, ALUC held a public hearing and voted to require the City to submit all discretionary applications for projects located on Sites 6, 7, and 10 to ALUC for review and decision until the City either votes to overrule ALUC’s inconsistency determination or revises the housing element to comply with the AELUP. Analysis and Next Steps ALUC’s ability to review housing projects on sites identified in the sites inventory has serious implications. For example, Sites 6, 7, and 10 were rezoned to accommodate a shortfall of capacity for lower-income housing. Accordingly, housing on these sites is “by-right” for developments when at least 20 percent of the units are affordable to lower-income households. Pursuant to Government Code section 65583.2, subdivision (i), “by-right” means the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with section 21000) of the Public Resources Code. If the required discretionary ALUC review would result in the site not qualifying as “by-right,” or review would result in the probable denial of projects on these sites, the City may need to identify alternative sites to accommodate the loss of residential capacity. Any alternative sites would have to meet all the requirements of Government Code section 65583.2, and any revisions to the certified housing element will require HCD’s review. Ron Noda, Development Services Director Page 3 Possible consequences of not addressing the ALUC decision include revocation of HCD’s finding that the City’s adopted housing element is in substantial compliance with State Housing Element Law. HCD must review any action or failure to act by a city that it determines to be inconsistent with a certified housing element or Government Code section 65583, and it must issue written findings to the city prior to revocation of housing element compliance (Gov. Code, § 65585, subd. (i)). Additionally, HCD must notify the city and may notify the California Office of the Attorney General (AGO) when a city takes actions or fails to take actions that are consistent with the adopted housing element or Government Code section 65583, among other laws (Gov. Code, § 65585, subd. (j)). It is critical that the City take timely corrective measures to ensure that it can properly implement its substantially compliant housing element. It is also critical that the City maintain its review authority and continue to process housing projects identified in the sites inventory to meet RHNA obligations. Consequences of Housing Element Noncompliance Maintaining a certified housing element is necessary to manage the blueprint for growth and is an essential tool to address the state’s housing crisis. As such, state law has established clear penalties for local jurisdictions that fail to comply with State Housing Element Law. First, noncompliance will result in ineligibility or delay in receiving state funds that require a compliant housing element as a prerequisite, including but not limited to the following: • Permanent Local Housing Allocation, • Local Housing Trust Fund Program, • Infill Infrastructure Grant Program, • SB 1 Caltrans Sustainable Communities Grants, and • Affordable Housing and Sustainable Communities Programs Secondly, local jurisdictions that do not meet housing element requirements may face additional financial and legal ramifications. HCD may notify the AGO, which may bring suit for violations of State Housing Element Law. Further, statute provides court- imposed penalties for persistent noncompliance, including financial penalties. Government Code section 65585, subdivision (I)(1), establishes a minimum fine of $10,000 per month and up to $100,000 per month. If a jurisdiction continues to remain noncompliant, a court can multiply the penalties up to a factor of six. Other potential ramifications could include the loss of local land use authority to a court-appointed agent. In addition, under the Housing Accountability Act, local jurisdictions without a compliant housing element are subject to the so-called “Builder’s Remedy,” a provision of the Ron Noda, Development Services Director Page 4 Housing Accountability Act that limits the ability of a city to deny a housing development project for very low-, low-, or moderate-income households even if the proposed project is inconsistent with zoning and general plan standards (Gov. Code § 65589.5, subd. (d)). Conclusion As mentioned above, HCD provides the City until November 27, 2023, to provide a written response to this letter before taking any of the actions authorized by Government Code section 65585, subdivisions (i) and (j), including issuance of formal written findings that may result in revocation of housing element compliance and referral to the AGO. The written response should respond to the items below, include a detailed plan with a timeline for immediate corrective action, and other relevant information for HCD’s review: • Actions to reconsider overruling ALUC’s inconsistency findings, or • Actions to bring the City’s housing element into compliance with the AELUP. This must include a description and analysis of the ALUC project review procedure and how sites that require ALUC review meet statutory requirements pursuant to section 65583.2, subdivisions (h) and (i), or identification of alternative sites to accommodate the RHNA. If necessary, submission of a draft revised 6th cycle housing element to HCD for review pursuant to section 65585, subdivision (b). If you have questions or would like technical assistance, please contact Jessica Evans, at jessica.evans@hcd.ca.gov. Sincerely, Melinda Coy Proactive Housing Accountability Chief ------ Seal Beach Housing Element 2021-2029 Approximate Site Locations Note: County Unincorporated areas are shown in white. Los Alamitos Impact Zones Joint Forces Training Base LEGEND -oo-CNEL CO NTOUR -•-• RUNWAY PROTECTION ZONE . ---·--II -II CITY BOUNDARIES• ScClleMF..C CERTIFICATION Aooptetl b't tl'i8 .MJ:,oit I.' ATTACHMENT 2 Kari Rigoni Executive A I RPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 A irway Aven ue • Cost a Mesa, Cal ifornia 92626 • 949.252.5170 fax : 949 .252.6012 AGENDA ITEM 1 August 7, 2025 TO: Commissioners/ Alternates FROM: Julie Fitch, Executive Officer SUBJECT: City of Seal Beach Request for Consistency Determinati on -Revised 2021-2029 Housing Element Update and Associated Changes to Zoning Code and Main Sh·eet Specific Plan Background The City of Seal Beach is south of and adjacent to Joint Forces Training Base (JFTB) -Los Alamitos and most of the City is within the Notification/Planning Area. In February 2022 , the City submitted its 2021-2029 Housing Element Update (Update) to ALUC for a consistency review. The Update identified nine opportunity sites located within the notification area for JFTB Los Alamitos. Your commission found the Update inconsistent with the AELUP for JFTB-Los Alamitos and requested that any residential development on Site 3 (Old Ranch Country Club) come back to the Commission for review. The inconsistent determination was based on the proposed new residential uses on Sites 3 and 4 (O ld Ranch Country Club and Leisure World, respectively), which are located under the approach surface, and Sites 2 and 3 (Old Ranch Town Center and Old Ranch Country Club, respectively) located within the 60 dBA CNEL for JFTB Los Alamitos. The City Counci l adopted the 2021-2029 Housing Element Update in February 2022 and overruled the Commission's determination in August 2022. See Attachment 1 for the Housing Element Sites submitted in 2022. Proposed Proiect In response to comments received from the California Department of Housing and Community Development (HCD), the City i s revising the previous Draft Housing Element Update that was submitted to ALUC in 2022. The project is being referred to your Commission because of its loc ation within the Notification/Planning Area for JFTB Los Alamitos and because it requires Amendments to the General Plan's Housing Element, Zoning Code, and Main Street Specific Plan. The proposed amendments are summarized below: Agenda Item 1 -Seal Beach Revised Housing Element Update August 7, 2025 Page2 • Revised Housing Element Update -Since 2022, the Housing Element Update has undergone multiple revisions, including a revision to, and renumbering of, the housing opportunity sites. The proposed August 2024 Revised Housing Element Update (Revised Update) now identifies eight "opportunity sites," rather than the nine that were proposed in 2022. The Old Ranch Country Club, which was referred to as Site 3 in the 2022 Update, is now proposed for classification as a "pipeline site," meaning that a development application has been submitted for the site. The proposed development would entail a new Specific Plan which will be submitted to ALUC for review prior to City Council approval. See Attachment 2 for the locations and the revised numbering of sites identified in the Revised Update. Attachment 3 summarizes the Revised Update in comparison to the 2022 Update previously reviewed by your Commission. • Zoning Code Amendment -The Zoning Code Amendment would add a Mixed Commercial/Residential High Density (MC-RHD) zone, which would allow high-density residential and commercial uses, permit a maximum density of 46 dwelling units per acre, and allow a maximum height of five stories and/or 65 feet. In addition, the Zoning Code Amendment would change the zoning of six of the proposed sites: four would change from Commercial to MC-RHD, one from Residential High Density 20 to MC-RHD, and one from Oil Extraction (OE) to Residential High Density 33. Two of the opportunity sites would not be rezoned. The proposed rezoning would then require an amendment to the Land Use Element, which will be submitted to ALUC prior to City Council approval. • Main Street Specific Plan Amendment -The Revised Update proposes to incorporate second-floor residential uses within the Main Street Specific Plan sites; therefore, an amendment to the Main Street Specific Plan is required. Previously, these sites were listed as housing opportunity sites. The City intends to hold the following public hearings on the proposed Revised Update: Planning Commission September 15, 2025 City Council October 13, 2025 AELUP for JFTB Los Alamitos Issues Regarding Aircraft Noise Impacts The Revised Update includes two housing sites partially within the 60 dBA CNEL for JFTB Los Alamitos (See Attachment 4). The Old Ranch Town Center is shown as Site 6 and would accommodate up to 306 housing units. The Old Ranch Country Club was changed from an opportunity site to a pipeline site and would accommodate up to 167 units. Agenda Item 1 -Seal Beach Revised Housing Element Update Angust 7, 2025 Page 3 While the AELUP for JFTB Los Alamitos states that residential uses within the 60 dBA CNEL/Noise Impact Zone 2 are "Normally Consistent," and that the "noise impact in this area is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code of Regulations," the Commission strongly recommends that residential units be limited or excluded from this area unless sufficiently sound attenuated. The AELUP states, "the residential use interior sound attenuation requirement shall be a CNEL value not exceeding an interior level of 45 dBA. In addition, it is recommended that all designated outdoor common or recreational areas within Noise Impact Zone 2 provide outdoor signage informing the public of the presence of operating aircraft." Further, for noise sensitive uses the Commission recommends a posting of: "NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations ( for example: noise, vibrations, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." Regarding Height Restrictions The Revised Update has identified proposed housing sites that are within the Federal Aviation Administration (FAA) Part 77 Obstruction Imaginary Surfaces for JFTB Los Alamitos (see Attachment 5). The horizontal surface for JFTB Los Alamitos is at 182.4 feet above mean sea level (AMSL). Transitional, approach, and conical surfaces vary in elevation and are addressed below for each of the proposed housing opportunity sites, including the Old Ranch Country Club pipeline site and the Main Street Specific Plan Amendment program site. The existing maximum building heights allowed by the City's Zoning Code range from 25 to 35 feet in residential districts and 35 feet in commercial districts. Those height limits will remain unchanged. The height limit for the new MC-RHD zone would be five stories or 65 feet. The Land Use Element of the Seal Beach General Plan includes information on both the AELUP for JFTB Los Alamitos and the Department of Defense Air Installation Compatible Use Zone (AICUZ) Study. The Land Use Element includes the following policies related to JFTB: "Evaluate proposed uses for the Old Ranch Town Center and Rossmoor Center for compatibility with adjacent residential uses and Los Alamitos JFTB operations." "Discourage further encroachment onto the Los Alamitos JFTB flight path." Additionally, the City's Safety Element states: "Structures within the City should not exceed the elevations defined in the Federal Aviation Regulations (FAR), Part 77 -"Objects Affecting Navigable Air Space," as applicable to the Los Alamitos Joint Forces Training Base. These regulations are the guidelines that describe the ultimate heights of structures under the "imaginary Agenda Item 1 -Seal Beach Revised Housing Element Update August 7, 2025 Page4 surfaces" and would be used for determining if a proposed structure is an "obstruction" (refer to Figure S-2 -AELUP Height Restrictions Zone for JFTB." "All developments within the City will be subject to the FAR Part 77 Notice Requirements. The sponsor of any project that requires the filing of notification with the Federal Aviation Administration shall provide copies of the completed FAA form 7 460-1 or 7 480-1 to the Director of Development Services and to the Executive Director ofthe Airport Land Use Commission. The City will incorporate the findings of the Airport Land Use Commission and the FAA into its decision-making process as it pertains to individual projects." Please refer to Attachment 5 to view the locations of proposed opportunity sites including the Old Ranch Country Club pipeline site and the Main Street Specific Plan Amendment program site within the Part 77 imaginary surfaces. The sites are as follows: Site 1 -4 Units The approximate ground elevation for Site 1, 1780 Pacific Coast Highway, is 8 feet AMSL. The City's maximum building height of 3 5 feet would not penetrate the imaginary surface of 207 feet in this location. Site 2 -125 Units Site 2 is located under the approach surface and has an approximate ground elevation of I 5 feet AMSL. The imaginary surface at this location would be penetrated at approximately 180 feet AMSL. With the City's maximum building height of 35 feet, proposed housing would not penetrate the approach surface. Old Ranch Country Club Pipeline Site -167 Units The Old Ranch Country Club pipeline site is under the approach surface and has an approximate ground elevation of 24 feet AMSL. The imaginary surface at this location would be penetrated at approximately 114 feet AMSL. The Revised Update now refers to this site as a pipeline site. Site 4 -66 Units Site 4, Accurate Storage, is within the conical surface and has a ground elevation of approximately 36 feet AMSL. The imaginary surface above Site 4 is at approximately 400 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface. Site 5 -441 Units The approximate ground elevation for Site 5, The Shops at Rossmoor, is 15 feet AMSL and the horizontal surface would be penetrated at 182.4 feet AMSL. The City's proposed maximum building height of 65 feet AGL would not penetrate the imaginary surface. Site 6 -306 Units Site 6, Old Ranch Town Center, has an approximate ground elevation of21 feet AMSL and the transitional surface would be penetrated at 174.6 AMSL. The City's proposed maximum building height of 65 feet would not penetrate the imaginary surface. Agenda Item I -Seal Beach Revised Housing Element Update August 7, 2025 Page 5 Site 7 -55 Units Site 7, Seal Beach Plaza, is within the conical surface with a ground elevation of approximately 10 feet AMSL. The imaginary surface above Site 7 is approximately 300 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface. Site 8 -99 Units Site 8, Seal Beach Center, has an approximate ground elevation of 14 feet AMSL. The imaginary surface above Site 8 is approximately 3 50 feet AMSL The proposed maximum building height of 65 feet would not penetrate the imaginary surface. Site 9 -69 Units Site 9, 99 Marina Drive is located under the approach surface and has an approximate ground elevation of 8 feet AMSL. The proposed maximum building height of 65 feet would not penetrate the imaginary surface. The Main Street Specific Plan Amendment-Not Specified The imaginary surfaces above the Main Street Specific Plan area is approximately 23 feet AMSL. The imaginary surface above the Main Street Specific Plan Area is approximately 350 feet AMSL and would not be penetrated. Regarding Safety JFTB Los Alamitos has established Clear Zones (also referred to as a Runway Protection Zones). These Clear Zones ( as shown on Attachment 4) are trapezoidal areas located at each end of the runway. Clear Zones are limited primarily to airport and open space uses. No buildings intended for human habitation are permitted in Clear Zones. The Clear Zones for JFTB Los Alamitos are completely within the JFTB boundaries. Aircraft operations at JFTB include use of both fixed wing aircraft and helicopters. General flight route information for JFTB Los Alamitos is provided in Attachment 6. This exhibit was prepared for JFTB in conjunction with an Environmental Assessment in June 2021 and is included for informational purposes only. As noted in the height restrictions discussion above, proposed housing sites Old Ranch Country Club pipeline site, Site 2 (Leisure World RV), and Site 9 (99 Marina Drive) are located under the approach surface for JFTB Los Alamitos (shown on Attachment 5). Although building heights in these areas may not penetrate imaginary surfaces, the Commission has historically recommended against residential uses under an approach corridor due to safety concerns and the potential for accidents. The Old Ranch Country Club pipeline site is approximately 3,040 feet from the end of JFTB's main runway 4R and would accommodate up to 167 housing units. Site 2 is approximately two plus miles from the end of the main runway and would accommodate up to 125 additional units. Site 9 is approximately 3.75 miles from the end of the main runway and would accommodate up to 4 additional units. Regarding Heliports Heliports are not proposed as part ofthe project; therefore, it has not been reviewed for consistency with the AELUP for Heliports. Agenda Item 1 -Seal Beach Revised Housing Element Update August 7, 2025 Page 6 Other Considerations In August 2017, the Commission updated the AELUP for JFTB Los Alamitos. Following the approval, the ALUC requested that the cities located within the airport planning area for JFTB Los Alamitos provide the ALUC with their general plans for revi ew to ensure consistency with the updated AELUP per California Government Code Section 65302.3. ALUC staff reviewed the General Plan for the City of Seal Beach and provided the City with suggested General Plan Element revisions and additions to its Land Use, Safety, and Noise Elements (See Attachment 7). We suggested that at its next schedul ed General Plan update that the City consider ALUC comments and return to the ALUC for a determination of consistency or inconsistency. Additionally, as stated in Section 2.2 of the AELUP for JFTB Los Alamitos, "[t]he Commission may consider the utilization of criteria for protecting aircraft traffic patterns at this airport which may differ from those contained in Part 77, should evidence of health, welfare, or safety surface sufficient to justify such an action." Environmental Compliance A Draft Environmental Impact Report (DEIR) was prepared for the Housing Element and Zo ning Code Updates Project. The DEIR was published for public review. The 45-day public comment period ended on Monday, June 23, 2025. Conclusion Attachment 8 to this report contains excerpts from the City's submittals to ALUC. The Revised Update and supporting documents are also available on the City's website at: https ://www .sealb eachca.gov/Departments/Community-Devel opment/Planning- Devel opment/H ou si ng-E lement-Update ALUC staff has reviewed this project with respect to compliance with the AELUPfor JFTB Los Alamitos, including review ofnoise, height and safety. Recommendation That the Commission find the proposed City of Seal Beach revised 2021 -2029 Housing Element Update and associated amendments to the Zoning Code and Main Street Specific Plan inconsistent with the AELUP for JFTB Los Alamitos per : 1. Section 2.1.1 Aircraft Noise, that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. PUC Section 21674, (as referenced in Section 1.2 of the AELUP for JFTB Los Alamitos) which states that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the v icinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," Agenda Item I -Seal Beach Revised Housing Element Update August 7 , 2025 Page 7 and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 3. General Land Use Policies in Section 3 .2.1 which states that "within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which (1) Places people so that they are affected adversely by aircraft noise and (2) Concentrates people in areas susceptible to aircraft accidents." ~ lyc::ed~ ~( Juht ritch, exe,cu}1Vt ow·,cer Kristal Carr Recording Secretary Attachments: 1. 2022 Notification Area for JFTB Los Alamitos 2. Notification Area for JFTB Los Alamitos 3. Compari son Table: 2024 Revised Update vs 2022 Update 4. Impact Zones/Noise Contours for JFTB Los Alamitos 5. Housing Sites in relation to JFTB Obstruction Imaginary Surfaces 6. JFTB Los Alamitos Flight Pattern 7. ALUC August 21, 2018 , Letter to Seal Beach 8. Excerpts from Seal Beach Submittal Notification Area for JFTB Seal Beach Housing February 2022 Draft Element 2021-2029 Housing Element Update 2021-2029 Approximate Site Locations Note : County Unin c orporated areas are shown in white. Exhibit D1 AELUP and FAR PART 77 Notification Area for JFTB Los Alamitos: 20,000' Radius at 100:1 Slope CE RTIFICATIONLEGEND 'or Orange County • • • • 20,000' Radius - • • CITY BOU NDAR IES ATTACHMENT 1 • ■ err ■ r.......,.. Date Element 2021-2029 Approximate Site Locations Housing Element Update 2021 -2029 Notification Area for JFTB Seal Beach Housing August 2024 Revised Draft Note: County Unincorpo r ated areas are shown i n white. Exhibit D1 AELUP and FAR PART 77 Notification Area for JFTB Los Alamitos: 20,000' Radius at 100:1 Slope CERTIFICATIONLEGEND •■■• 20,000' Rad ius -•• CITY BOUNDARIES ATTACHMENT 2 ,I ===== --•'• Dat e Seal Beach Housing Element Opportunity Sites within Notification Area for JFTB Los Alamitos August 2024 No. of Revised Draft Housing Units Change Element Update Proposed +/- Site 1 -1780 PCH 4 units -1 unit Site 2 -Leisure World (RV site) 125 units -25 units Old Ranch Country Club -167 units +47 units Pipeline Site Site 4 -Accurate Storage • Zone Change from RHO-66 units +7 units 20to MC-RHO Site 5 -The Shops at Rossmoor • Zone Change from GC to 441 units +41 units MC-RHO Site 6 -Old Ranch Town Center 306 un its +106 units • Zone Change from GC to MC-RHO Site 7 -Seal Beach Plaza • Zone Change from SC 55 units -20 units and GC to MC-RHO Site 8 -Sea l Beach Center • Zone Change from SC to 99 units -21 units MC-RHO Site 9 -99 Marina Drive • Zone Change from OE to 69 units -17 units RHD-33 Removed -150 units Main Street Specific Plan NotAmendment-Program Site • 2nd floor residential uses specified TOTAL 1,332 Units 2022 Draft Housing Element Update Included in the HE unit count but not listed as a designated opportunity site. Site 4 -Leisure World (Whole site) Site 3 -Old Ranch Country Club Site 6 -Accurate Storage 1011 Seal Beach Blvd. Site 1 -The Shops at Rossmoor Site 2 -Old Ranch Town Center Site 5 -Seal Beach Plaza Site 8 -Seal Beach Center Included in the HE unit count but not listed as a designated opportunity site. Site 9 -Navy Site Site 7 -Main Street Specific Plan TOTAL No.of Units Proposed 5 units 150 units 120units 59 units 400 units 200 units 75 un its 120 u ni ts 86 units 150 units 40 units 1,405 Units Note: Zoning acronyms used in this table are defined as follows: GC = General Commercial MC-RHO= Mixe d comme rci al/Residential High Density OE = Oil Extraction RHD-20 = Residentia l Hi gh Density-20 RHD-33 = Residential High Density-33 SC= Service Commercial ATTACHMENT 3 Seal Beach Housing t;-;, Element 2021-2029 Approximate Site L ·ons 0 (J Old Ranch Country Club Pipeline S ite , Note: County Unincorporated areas are shown in w hite. Los Alamitos Impact Zones Joint Forces Training Base I • -a - Scale .. ,_, e - LEGEND -60-CNEL CONTOUR -•-• RUNWAY PROTECTION -■■ -II CITY BOUNDAR IES ZONE CERTIFICATION _Arlnnti;,rl hv th<> Airnnrt I ,:inn I lco r'nmm ;ee;on for Orange County ATTACHMENT 4 Date AELUP Height Restriction Zone for JFTB, Los Alamitos N o t e: County Unin c orporated areas are show n i n wh ite . FAR PART 77 JFTB, Los Alamitos Obstruction Imaginary Surfaces CERTI FICATIO NLEGEND )n for Orange County • • • • 20,000 ' Rad ius - • • CITY BOU NDAR IES ATTACHMENT 5 • PtJ'!f.P ra .... Date Final EA for the Relocation of Detachment 1, Company B. 6th Battalion, 52nd Aviation Unit June2021 D LosAlamltos JFTB F/W Oulslde Traffic Pattern Katela Arrival/Departure North Arrival --North Departure -RNJ Oullllde Traffic Pattum .___ _______SouthArrlvaUDeparture 0 1,850 3,700 Meters w+NE Source: ESRJ, USAPHC, CAARNGGIS s Date: April 2015 AlUSAPHC llt--,t....,....,..a:aa£J.~ •.,c~"'._..,.,,_. ---------n;,,._..,._..,...,__. klt-'---,.WW.. Figure 3-1. JFTB Los Alamitos Flight Routes 9 ATTACHMENT 6 ~ AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 fax : 949.252 .6012 August 21, 2018 Ms . Crystal Landavazo, Interim Director Department ofCommunity Development City of Seal Beach Seal Beach, CA 90740 Subject: General Plan Consistency with AELUPfor JFJ'B, Los Alamlto1 ..., ,;.' ,,.•1 IDear Ms. Landavazo: .,..,.,..,.. t,'.~,.:, ;" As you know, the Airport 4t1d Use Commission (ALUC) for Orange County updated the Airport Environs Land Usl P. lan (AELUP) for Joint Forces Train Base (JFTB), Los Alamitos on August I 7. 2017. FoUQWing that approval, the ALUC requested that the cities located within the airport planning area .for JFTB, Los Alamitos provide the ALUC with their general plans for review to ensure consistency with the updated AELUP per California Government Code Section ( 6S302.3 »{{,A 1'~I( ~ i • ~ -; California Government Code Section 6S302.3 requires that general plans and applicable specific plans (zoning~ be con~istent with the AELUP, Bl]~;¼e law further requires that such focal plans be made consistent with an AELUPlk..Amendment:,;iff,· ~ '1.'{_ ~~~(·t ·, We appreciate receiving a copy of the Cify dfs~'.Beach General Plan and have reviewed the document for inci~ ~t~J~oll•i~ o1,ii~n: • Reference to__ the AEL(/P JorJFl;_IJ, Los Alamitos • Compliance w'i~:;:;~l~ :o~ Aaministration (FAA), Caltrans/Division of ""'P\'4 ~~ I J'\~'t'~ 1':.lJ' r • Aeronautics, and the ALUC 1with regard to policies and procedures associated with development within an airport planning area. • A City referral policy to the ALUC • Specify if Heliports/Helistops are pennitted within the City 1 s jurisdiction and, if permitted, inclusion ofdevelopment criteria and reference to the requirements contained in theAELUP for Heliports. • Address building height restrictions imposed by the FAA based upon Part 77 ofthe Federal Aviation Regulations ATTACHMENT 7 ALUC Otneral Plan CommCIIIS 8121118 Pep2 • Development of noise criteria for protection from aircraft noise • Discussion of safety impacts related to airport operation Current General Plan Comments Land Use Element We appreciate and concur with the policy you have included In the Land Use Element related to JFTB Los Alamitos, which discourages further encroachment within the Los Alamitos JFTB flight path for the Old Ranch Town Center/Rossmoor Center. We recommend that the City also consider the following General Plan Land Use Element revisions and additions: l. The Land Use Element contains language that states, "local planning programs must be consistent with any Airport Environs Land Use Plan (AELUP) adopted by an Airport Land Use Commission, unless specific findings are msde that the local planning programs are consistent with the purpose of state airport planning law." We recommend revising this language to be specific to the AELUPs that are applicable to the City of Seal Beach, as follows: "Local planning programs must be consistent with the Airport Environs Land Use Plan (.A.ELUP) for JFTB Los Alamitos and the AELUP for Heliports, as adopted by the Airport Land Use Commission for Orange County, unless specific findings are made that the local planning programs are consistent with the purpose of state airport planning law." 2. Please add language stating that development proposals within the JFTB, Los Alamitos airport planning area shall utilize the AELUP for JFTB, Los Alamitos to ensure compatibility of land uses, building height and noise restrictions. 3. Please add language stating that development located within the Federal Aviation Regulation (FAR) Part 77 imaginary surfaces for JFTB Los Alamitos, the 60 CNBL and 6S CNBL contours and the AELUP notification area for JFTB, Los Alamitos shall comply with FAA FAR requirements. 4. Please include an ALUC referral policy stating that projects located within an airport planning area that require a general plan amendment or zone change (including e.g., specific plan amendments) may require a consistency review by the ALUC for Orange County. S. If heliport development is allowed in your jurisdiction we recommend that the General Plan address compliance with the AELUP for Heliports by including the following language in the document: "ProPoSaJs to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.S. The City will ALuco .... 111 Plan c........ 8121/11 Pqe3 ensure that each applicant, seeking a Conditional Use Pennit or similar approval for the construction or operation of a heliport or helistop, complies fully with the state pennit procedure provided by law and with all conditions of approval imposed or recommended by the Federal Aviation Administration (FAA), by the Airport Land Use Commission for Orange County (ALUC) and by.Caltrans/Division of Aeronautics. This requirement shall be In addition to all other City development requirements." Safety Element The City of Seal Beach Safety Element states that the Los Alamitos Joint Forces Training Base is located to the north ofthe City boundary, and flight operations from the Training Base generally take off over the City of Seal Beach, resulting In a potential for aircraft emergency responses. particularly in the case of an aircraft accident The element also refers to the Los Alamitos Impact Zone Exhibit from the AELUP for JFTB, Los Alamitos. The Safety Element also states that structures within the City should not exceed the elevations defined in the Federal Aviation Regulations (FAR), Part 77-''Obj"1s Affecting Navigable Air Space," as applicable to the Los Alamitos Joint Forces Training base. These regulations are the guidelines that describe the ultimate heights of structures under the "imaginary surfaces" and would be used for detennining if a proposed structure is an "obstruction" and refers to Figure S- 2-AELUP Height Restriction Zone for JFTB, Please note that with the amendment to the AELUP for JFTB, Los Alamitos, an exhibit of the FAR Part 77 Obstruction Imaginary Surfaces for JFTB, Los Alamitos has been added to the document. This exhibit was not available in the previous AELUP. 6. It is suggested that the City also Include language in the Safety Element stating that structures within the City shall not exceed the elevations defined in the FAA FAR Part 77 imaginary surfaces for JFTB, Los Alamitos. 7. According to the AELUP for JFTB, Los Alamitos, buildings that rise to the height of the Horizontal Surface (1 SO feet above ground level (AGL)) will violate the established approach criteria for the primary runway at JFTB. The airspace above the Horizontal Surface is reserved for air navigation. We suggest that the General Plan use these height restrictions and imaginary surfaces when establishing development guidelines in the General Plan. When discussing maximum building heights, the General Plan should utilize North American Vertical Datum 1988 (NA VD88) or National Geodetic Vertical Datum of 1929 (NGVD29). The element further states that all developments within the City will be subject to the FAR Part 77 Notice Requirements. The sponsor of any project that requires the filing of notification with the FAA shall provide copies of the completed FAA fonn 7460-1 or 7480-1 to the Director of Development Services and to the Executive Director of the Airport Land Use Commission. The City will incorporate the findings of the ALUC and the FAA into Its decision-making process as it pertains to Individual projects. ALUC General Plan Com111e111S 1/21118 Page 4 8. Please change references to the ALUC's "Executive Director" to "Executive Officer." 9. Please include language in the document stating that development proposals which include the construction or alteration ofstructures more than 200 feet above ground level, require filing with the FAA (FAR Part 77 .9) and ALUC notification. Projects meeting this threshold must comply with procedures provided by Federal and State law, with the referral requirements of ALUC and with all conditions ofapproval imposed or recommended by the FAA and ALUC including filing a Notice ofProposed Construction or Alteration (FAA Fonn 7460-1 ). Depending on the maximum building heights that will be allowed in proposed project areas, the City may wish to incorporate a mitigation and condition of approval specifying the 200 feet threshold within the General Plan. H2is The Noise Element currently addresses that noise levels within the City are affected by overflights from military aircraft from JFTB, Los Alamitos and flights from Long Beach Airport. The General Plan contains Figure N-5 which show the noise contours for JFTB, Los Alamitos and states that the noise contours should be used as a guide for land use planning. The General Plan states that new developments will be permitted only ifappropriate mitigation measures are included such that the standards contained in the Noise Element or the ordinance is met. I 0. The current Noise Element includes Figure N-S which show the noise contours for JFTB, Los Alamitos. We suggest adding another exhibit to the General Plan which shows the noise contours and the designated land uses contained in those contours. Only a portion of Seal Beach is located within the 60 and 65 CNEL noise contours for JFfB, Los Alamitos, however, the General Plan should evaluate the existing and proposed land uses located within these noise contours to ensure compatibility. 11. In addition to the above, the ALUC recommends including a policy in the General Plan stating that no new residential development shall be allowed within the 65 dBA CNEL noise contours for Joint Forces Training Base (JFTB) Los Alamitos. We suggest that at your next scheduled general plan update you consider the above comments related to your Land Use, Safety and Noise Elements of the General Plan and return to the ALUC for a determination of consistency or inconsistency at that time. Should you like to meet on this matter or if you have any questions please contact ALUC Executive Officer Kari Rigoni at (949) 252-5284 or the ALUC staff planner Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com . Sincerely, ~~ · Kari A. Rigoni Executive Officer By Electronic Mail April 24 , 2025 Julie Fitch , Executive Officer Orange County Airport Land Use Commission 3160 Airway Ave Costa Mesa , CA 92626 Subject: City of Seal Beach Revised 2021-2029 Housing Element Update and Associated Changes to the Zoning Code, Land Use Element, and Main Street Specific Plan The City of Seal Beach (City) is pleased to submit its: (a) revised 2021-2029 Housing Element Update , (b) related Zoning Code Update, (c) related Land Use Element Update , and (d) related Main Street Specific Plan Amendment 1 to the Orange County Airport Land Use Commission (ALUC) for review to determine consistency with the Airport Environs Land Use Plan (AELUP) for Joint Forces Training Base Los Alamitos (JFTB). Pursuant to State law, and in coordination with the California Department of Housing and Community Development (HCD), the City has revised the Draft Housing Element (Element) covering the planning period of 2021-2029. It contains an analysis of housing and population data , as well as an action plan designed to accommodate the City's Regional Housing Needs Assessment (RHNA) allocation of 1,243 units. The Element does not propose nor approve any specific development projects. HCD has determined the current version of the Element meets the standards of State law and can be certified contingent upon approval of an updated Zoning Code allowing for housing to be developed on the identified Opportunity Sites. Thus , the City is seeking ALUC 's review of the Element as well as the changes to the Z oning Code, Land Use Element, and Main Street Specific 1 Related to its rev ised Housing Element Update , the City will prepare Land Use Element and Zoning Code edits , and amend a Specific Plan to ensure consistency between the documents . Proposed substantive co ntent edits are reflected in thi s packet. See the proposed revised Housing Element Update online at ht t ps : / / 1vww. sea l be a c h c a . g ov /Dc par t me nts/Co mmun ity -De v e l opm en L/ P l a nn i ng-Deve l opm en t /Hous i ng- El eme11 t -llpd at c . ATTACHMENT 8 City of Seal Beach Submittal for ALUC Review April 24, 2025 Plan Amendment that are a direct result of the Element and necessary for consistency between the documents. The ALUC previously considered all housing sites included in the Element in 2022, and in fact the current version now identifies fewer sites than the 2022 iteration. During that review, the ALUC found the Old Ranch Country Club housing Opportunity Site to be inconsistent with the AELUP. Subsequently, the City took the prescribed steps in the Public Utilities Code and overruled the ALUC's finding of inconsistency. The Element now identifies eight Opportunity Sites to accommodate its RHNA allocation, of which four are proposed to be rezoned from commercial uses to Mixed Commercial/Residential High Density (MC-RHO) and one from Residential High Density 20 (RHD-20) to MC-RHD. One site will be rezoned from Oil Extraction to Residential High Density 33 (RHD-33). The proposed Zoning Code amendment will facilitate the rezoning of these six sites, and the Land Use Element will be updated for consistency. The final two Opportunity Sites do not require rezoning nor an update to the Land Use Element. The Element also proposes to incorporate second-floor residential uses in the Main Street Specific Plan area as a program, instead of as a housing Opportunity Site. This will be facilitated through an amendment to the Main Street Specific Plan. No update to the Zoning Code or Land Use Element is required to accommodate this change. Finally, the Element now recognizes the Old Ranch Country Club site as a Pipeline Site, as there is an active development application in process. The development entitlement proposal is in the form of a Specific Plan, which will be considered by the City Council and ALUC at a later date. Neither a Zoning Code amendment nor a Land Use Element update for this site are being pursued with this request for ALUC review. The table below summarizes the actions necessary for each site to achieve certification of the Element and consistency between the City's land use documents. Site Housing Element Update Zoning Code Update Land Use Element Update Site Included inALUC Element review 2022 Old Ranch Town Center; Shops at Rossmoor; Seal Beach Plaza; Seal Beach Center; 1011 Seal Beach Blvd Included as Opportunity Sites Proposed rezoning to MC-RHD (new zoning designation) Update land use designation to mixed use Yes 1780 PCH; Leisure World Site Included as Opportunity Site No rezoning required No land use designation change Yes ' _J City of Seal Beach Submittal for ALUC Review April 24, 2025 99 Marina Dr Included as Opportunity Site - Rezone from Oil Extraction to RHO- 33 Update land use designation to residential high density ---· --- Yes I I I Main Street Specific Plan area Amendment of Specific Plan included as a program within the Element to allow for residential use on second story No update to Zoning Code No update to Land Use Element Yes --------------~ --~---------------------- Old Ranch Country Club Site Included as a housing Pipeline Site Not included in Zoning Code Update. To be considered later through Specific Plan process. Not included in Land Use Element Update. To be considered later through Specific Plan process. Yes ~ --'"--·· AELUP Consistency The AELUP requires that development projects comply with its standards for noise impact, safety compatibility, and height restrictions. Concerning noise standards, AELUP Section 2.1.1 establishes 60 and 65 Community Noise Equivalent Level (CNEL) contours. Of the Opportunity Sites identified to accommodate housing, only one partially overlaps with the JFTB 60 CNEL Noise Contour, the Old Ranch Town Center site. 2 As noted in Table 1 of the AELUP, noise between the range of 60 to 65 decibels is conditionally consistent with residential uses. Within the conditionally consistent area, housing must use sound attenuation as required by Title 25 of the California Code of Regulations to reduce interior noise to below the level of 45 decibels. The City maintains the same requirement, as supported by its General Plan Noise Element Policy Issue 2, which also requires interior sound attenuation to 45 dB (attached), so all identified housing sites are consistent with the AELUP's noise impact standards. Additionally, in compliance with the AELUP's safety standards, no sites are located within Clear Zones (CZs) or Accident Potential Zones (APZs). Projects with heights of 200 feet or higher above ground level are subject to the AELUP due to their potential adverse aeronautical effect. None of the housing opportunity sites will be 200 feet or higher (see below). 2 No sites are identified within the 65 dB CNEL contour. A portion of the Old Ranch. Country Club site was formerly within the 60 dB CNEL contour but has been reclassified as a development Pipeline Site, since the City received a separate application for a development project at this site that is being processed outside of the revised Housing Element Update. The proposed Specific Plan for the site will be considered at a later date by ALUC. City of Seal Beach Submittal for ALUC Review April 24, 2025 Proposed Density and Height Changes Proposed heights and densities will not change from those allowed under the existing zoning for the 1780 Pacific Coast Highway and Leisure World sites, as these sites are not proposed to be rezoned . The 99 Marina site currently does not allow for residential under its current Oi l Extraction zoning designation , but will allow for 33 units per acre with a height maximum of 35 feet once rezoned to RHD-33. The five sites that are proposed to be rezoned to MC-RHO are currently variously zoned 3 as Service Commercial (SC) and General Commercial (GC), which do not currently allow multifamily residential use but have a maximum height of 35 feet; and as RHD-20 , which allows 20 dwelling units per acre with a height maximum of 25 feet. The document titled "Sites Inventory and Methodology" in the Element provides more information regarding the revised sites inventory. The proposed MC-RHO zone proposes a minimum density of 40 du/acre, a maximum density of 46 du/acre, and a maximum building height of 5 stories (see Program 1 b in Section 4 of the Element titled "6th Cycle Housing Element 2021 -2029" for more information). The proposed maximum heights and densities are shown in the attached documents. Again , all identified sites in the revised Housing Element Update's proposed sites inventory are consistent with the AELUP's height standards and well below 200 feet. CEQA Compliance The City is preparing a Program Environmental Impact Report (EIR) for the project that is anticipated to be adopted concurrently with the revised Housing Element Update. Conclusion Please see the attached documents, including submittal form and sites map that shows the revised proposed sites inventory relative to the AELUP's noise contours, maximum heights, and notification area boundaries. Please do not hesitate to contact me with any questions at asm ittle@sealbeachca .gov or (562) 431 -2527 x1313. Sincerely , Alex a Smittle Community Development Director Enclosures: • Housing Element submittal form • Proposed Revised Housing Element 2021-2029 (link) 3The densities and heights described above are set forth in Seal Beach Municipal Code Chapters 11.2.05 (Residential Districts), 11.2.10 (Commercial and Mixed-Use Districts), and 11.2 .1 5 (Light Manufacturing), accessible on line at h Ll p s : / / ccodc360 . com/ 43957730 . City of Seal Beach Submittal for ALUC Review April 24, 2025 • General Plan Noise Element excerpt • Illustrative site map • Proposed Update Zoning Code Development Standards • Proposed Update Main Street Specific Plan • Proposed Update Land Use Element Maps • Proposed Update Land Use Element Text By Electronic Mail June 4 , 2025 Julie Fitch , Executive Officer Orange County Airport Land Use Commission 3160 Airway Ave Costa Mesa, CA 92626 Subject: City of Seal Beach Revised 2021 -2029 Housing Element Update and Associated Changes to the Zoning Code, Land Use Element, and Main Street Specific Plan Dear Ms. Fitch: Thank you for providing the City of Seal Beach (City) with additional guidance to clarify information needed by the Airport Land Use Commission (ALUC) related to our Housing Element Update review. This letter provides further information about the proposed changes to the Housing Element, Zoning Code, Land Use Element, and Main Street Specific Plan (MSSP), based on our conversation. Housing Sites Key The April 24 th cover letter and maps included a variety of sites. The table below provides clarification on site locations. Additional maps are included in the Housing Element appendix entitled "Sites Inventory and Methodology", the link for which is in the application. Shops at Rossmoor Retail plaza west of Seal Beach Blvd, generally between St. Cloud Dr and Rossmoor Center Way. Address range of approximately 12301-12541 (odds) Seal Beach Blvd . Old Ranch Town Center Retail plaza east of Seal Beach Blvd , generally between the Old Ranch Country Club golf course and Plymouth Drive. Address range of approximately 12310-12490 (evens) Seal Beach Blvd . Seal Beach Plaza Retail plaza west of Seal Beach Blvd , generally between Westminster Ave . and St. Andrews Dr. Address range of approximately 13900-13980 (evens) Seal Beach Blvd. City of Seal Beach Submittal Letter Addendum June 4 , 2025 Seal Beach Center Retail plaza northeast of Pacific Coast Highway (PCH) bound by Bolsa Ave and Balboa Dr. Address range of approximately 921-1101 (odds) PCH . Old Ranch Country Club Golf course and associated buildings located south of the Joint Forces Training Base , north of Lampson Ave and east of Seal Beach Blvd . 3901 Lampson Ave . Leisure World Community is bound by Seal Beach Blvd to the east, Westminster Ave to the south, a flood control channel to the west, and the I-405/SR- 22 to the north. The site specific to the Housing element is currently RV storage along the western bordering flood control channel , adjacent to El Dorado Dr just north of Leisure World Clubhouse 2. 1780 Pacific Coast HiQhwav (Self explanatory) 99 Marina Drive (Self explanatory) Main Street Specific Plan Area covered by the City's Specific Plan , generally the commercial blocks fronting Main Street 100-300 Main (odds and evens); and limited commercial along Ocean Ave , appro x imately 829-909 Ocean (odds). City Hall , Eisenhower Park , and a municipal parking lot are also within the Specific Plan area. California Environmental Quality Act As noted in the checklists, the City is preparing an Environmental Impact Report associated with the Housing Element and Zoning Code Update. Currently, the Draft EIR is out for public comment. The document can be found on our website at the following link. https ://www.sealbeachca.gov/Departments/Community-Deve lopment/P lanning­ Development/Environmenta l-Documents-Under-Rev iew Housing Element Update The ALUC last reviewed the City's Housing Element Update in February 2022. Since that time , the Housing Element has undergone multiple revisions, including a thorough reorganization. However, no new housing opportunity sites were identified . The land use changes in the current version compared to the version previously considered by ALUC are: 1. The site located on the Naval Weapons Station has been eliminated from the inventory of housing opportunity sites. 2 . The Sunset Aquatic Marina was also eliminated as a housing opportunity site, however, as this site is outside of the ALUC notification area, it was not specifically presented to the ALUC in 2022. 3 . The Leisure World site has been refined to specifically identify the existing Recreational Vehicle parking lot as the site for development. The prior version included the entire Leisure World community as an opportunity site. City of Seal Beach Submittal Letter Addendum June 4, 2025 4. The MSSP area has been removed as an opportunity site. However, a new program has been added to amend the Specific Plan to allow for housing above the ground floor. 5. Density for the opportunity sites change in some instances, as noted in the following table. City of Seal Beach Submittal Letter Addendum June 4, 2025 Site 2022 HE Buildout 2025 HE Buildout 1011 Seal Beach Blvd 59 units 66 units Shoos at Rossmoor 400 units 441 units Old Ranch Town Center 200 units 306 units Old Ranch Countrv Club 120 units 167 units Leisure World 150 units 125 units Seal Beach Plaza 75 units 55 units Sunset Aquatic Marina 144 units Site removed Navv Site 150 units Site removed Seal Beach Center 120 units 99 units Main Street Soecific Plan 40 units Not soecified 99 Marina 86 units 69 units 1780 Pacific Coast Hiohwav 5 units 4 units Please note that while the Housing Element must discuss density in order to address the Regional Housing Needs Allocation (RHNA}, it is the zoning code that addresses development standards such as height or lot coverage. Information provided in application packet: A. Checklist with links B. Sites mapped to ALUC height/noise/notification areas C. Annotated maps from 2022 ALUC review identifying removed Navy Site and noting Leisure World site that has been refined Zoning Code Update The vast majority of the RH NA is proposed to be accommodated on parcels currently zoned for commercial uses. In order to accommodate housing development, five housing opportunity sites are proposed to be rezoned for mixed use commercial/high density residential uses (MC-RHO). This designation does not exist in the City's Zoning Code currently, so an entirely new zone is being created and the Zoning Code updated as a result. One other site, 99 Marina, is proposed to be rezoned from oil extraction to RHD-33, an existing zoning designation. Information provided in application packet: D. Checklist with links E. Revised Development Standards Table 11.2.10.015 F. Proposed addition of MC-RHO language G. Annotated zoning maps H. Sites mapped to ALUC height/noise/notification areas Land Use Element The Land Use Element is proposed to be updated for consistency with the Housing Element and Zoning Code. A Mixed-Use designation will be added to the land use designation types, and the five sites to be rezoned to MC/RHO will be designated as Mixed Use on the land use maps. City of Seal Beach Submittal Letter Addendum June 4, 2025 Additionally, the map will be revised to reflect the change of 99 Marina from oil extraction land use to residential high density land use. Information provided in application packet: I. Checklist with links J. Annotated maps K. Annotated relevant pages of Land Use Element L . Sites mapped to ALUC heighUnoise/notification areas Main Street Specific Plan While the MSSP area was removed as a housing opportunity site, the Housing Element commits to amending the Specific Plan to make housing an allowable use above the ground floor. No other changes to the MSSP are proposed . Information provided in application packet: M. Checklist with links N . Annotated relevant pages of MSSP 0 . Sites mapped to ALUC heighUnoise/notification areas Please do not hesitate to contact me with any questions at asm ittl e@sea lbeachca.gov or (562) 431-2527 x1313. Sincerely, ~ Alexa Smittle Community Development Director By Electronic Mail June 24, 2025 Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 92626 RE: Withdrawal of Land Use Element Submission to ALUC Dear Ms. Fitch , On behalf of the City of Seal Beach , we are writing to formally withdraw our current submittal of the Land Use Element to ALUC. We anticipate resubmitting a revised Land Use Element in the next month. If you have any questions , please contact Planning Manager Shaun Temple at STemple@sealbea chca.gov. Sincerely, Alexa Smittle Community Development Director/Interim Assistant City Manager AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY SUBMITTAL FORM: GENERAL PLAN· SPECIFIC PLAN· ZONING CODE 1. Name of City or County: City of Seal Beach 2. Contact Information -Name/Title Alexa Smittle, Community Development Director/Interim Assistant City Manager Agency: City of Seal Beach Address: 211 Eighth Street, Seal Beach, CA 90740 Phone/email: (562} 431-2527 ext. 1313; asmittle@sealbeachca.gov 3. Airport Planning Area(s): □ John Wayne Airport □ Fullerton Municipal Airport ~ JFTB -Los Alamitos 4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: 6th Cycle Housing Element Update 5. Scheduled date of Planning Commission Choose month. Public Hearing: 9/15/2025 6. Tentative date of City Council/Board of Supervisors Public Hearing: 10/13/2025 7. Requested date of ALUC Review June 19. Complete submltta/s must be received by the first day of the month to be considered for the next meeting date. 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? D No (skip items# 9-12}. ~ Yes (continue below). 9. Does the item propose a change of land use within the ~60 CNEL or D65 CNEL noise contours of the airport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? □ No 181 Yes -Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ~ No D Yes -Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? D No IZI Yes 13. Please indicate current 25-35 feet and proposed 5 stories (MC-RHD) maximum heights allowed. Continued on next page. Page 2 SUBMITTAL CHECKLIST: General Plan· Specific Plan • Zoning Code ~ Cover letter on City/County letterhead . IZI Completed Submittal Form. IZI Link to existing https://www.sea lb eac h ca .gov/Departments/Commun ity­ Development/Planning-Development/Housing-Element-Update LINK LEADS TO WEBPAGE, YOU MUST CLICK THE "HERE" BUTTON AT END OF SECOND PARAGRAPH, THIS IS THE VERSION THE ALUC REVIEWED IN 2022 and proposed https://www.sealbeachca.gov/Departments/Community-Development/Planning­ Development/Housing-Element-Update YOU MUST SCROLL DOWN PAGE TO FIND REDLIN ES General Plan Element, Specific Plan or Zoning Code for this submittal. IZI Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. IZI Exhibit showing location(s) of proposed new use s within the Notification Area / Planning Area for airport(s). IZI Exh ibit showing location(s) of proposed new uses in relation to noise contours for airport(s). IZI Exhibit showing location(s) of proposed new u ses in relation to Airport Safety Zones. ~ Ex hibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. 1Z1 Attachment showing current and proposed noise policies/mitigation measur es. IZI Explanation of how the General Plan , Specific Plan, or Zoning Code address the AELUP standards for noi se impact, safety compatibility, and height restriction zone s. See cover letter 1Z1 De scribe height and density changes in cover letter and attach page s of General Plan, Specific Plan and/or Zoning Code where ma ximum heights are specified . IZI Provide information r egarding CEQA compliance. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.oca ir.com/about/administration/airport-governance/com mi ss ions/airport-l an d-use­ co m m i ss ion/ Noi se sen sitive uses include but are not limited to community facilitie s such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Che cklist and attachments to: Airport Land Use Commiss ion for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa M es a, CA 92626 / Phon e: {94 9 } 252-5 1 70 ALUCinfo@ocair.com 06.04.24 ~ ·~ I California St ate University Long Beach ~ I J The Shops, • -.~ I I I 22!, t\), "',... ~,,, 182.4 200.0 I <r OI ' '> t ' !!! u _ ...... I I I ti on I -l ' ' ·250.0..,.;: Marine ·staaium 1 \ ~ Lei • • ' ~ World R'300.0 I I 3 50.0 E. 7.f\d St I 400 .0 ' ' ' .,. ' \ ,,.,.' ,..,. .,.· igg Mari .,/ .".' • l'" r>\ ••t ~~ -•-• ·--c1P,lai:i~ :'\ ~ 1780 Pacific •" ~h r 1 Coast Highway .. ✓ ' .. .. .' . .... .. .., ' •-·" ' .,·, .. ·, -~--.' .. .. .. ---,1 "--.. ' __. - -.....------~~~~~....'"'!'--=~ ..--., . • -~At ·:-~':' "-•-' -EO'ffi g-e-r-~ E-. ': ~-· --~.: .-~ ..' ' ,, ------------·, '··, ;- • ' • ✓• ,.·, "·-·' ..,..... Heil Ave** Includes Specific Plan development area. Housing to be located along westerQ portion of project. Urang ... Chapman "' ~ > OI t .::::­ G~ 25 0.0 /lroqv0 / 300.0 / 350.0 / 400.0 / io.o 532.4 ..., V1 .. OI .. .. "O Ol .. C: ..-~ .. Q. .... .. 1" Mel A N 0 0 .5 Miles Scale: 1:40,000 Notific,ation Area for JFTB Sea'I Beach Housing Etement 2021-2029 Approximate Stte Looation& SITE REMOVED AELu ·p a ,nd FAR PART 77 ! ITE BETTER DEFINED Exhlblt D1 NotificoHon Area fen JFTB Los. Aramitos: 2G,000,' R.odlus at 10():,1 Slope LEGEND CERTlflCATION •••u.1.-• -..I 2'J,()'Y:Y Fl!ldius -·· cnv BO UNOARI E.S Adqlloo t:ri, 11ie Akpoi1 Li ATTACHMENT 1 Kan A Rlgonl. Exec Seal Beach Housing Element 2021-2029,- Approximate Site Locations .," Q ... SITE REMOVED SITE BETTER DEFINED - Los A la m itos Impact Zo,ne1s Joint Forces Trai:ning Base LfGl NO OFRTI FICATION ~ CNEL QOt,I TOOR ~~lmftJ.'!lfflL ·•-• Rl!mtA'r' PRO l'ECTIO M ZONE ATTACHMENT 2------ ~ --~~...;a No I e : Co u1rU y Un io r p ornt ed areas a r e show n i n white. S ITE REMOVED I' , ITE BETTER DEFINED FAR PA RT 77 J FTB , L os Alamitos Obstruction l magi na1ry Surfaoes cer:rrmCATI6NI.EGENO • ... 20.000· Ftlti.1~ -•• C111Y 80\JNl>AAI S ATTACHMENT 3 i',£UP/l2lOOSeoli3e oc l'l ~ln,.oi ,ilf'io t f -~ -- 532.4 I Ql I> ~ I~ .. I w -,-I ' I ti on I 22 !, I I ~~ --y I ' 350.0 E. i(\d S\ 400.0 '·, ''\ Marine Sta dium 1 I 300.0 \ \ 300 .0 350.0 ',, . ' \ ..,_.,,.·"' ' .,,.. 500.0 ~9 -Ma tj¼{aUl1a Ave Seal Beach . Center , 1780 Pacific Seal Beach 6th Cycle HEU Sites Bea.ch 1 Coast Highway -with Zoning CodekoRa l:lse .. .. ✓ filefl:ieRt Changes... .. ... .. Los Alam itos JFTB Noise Conto urs... .. ..... . ...__ _.,' •_, Los Alamitos JFTB Obstruction .... .,f'­Contours'·, .. ,, • • • Los Alamitos JFTB Notification Area \ -.. -.:.,...· , --i-:-~~ City Boundary '·, -- • - -• A,• -0 -t -I -0 -Etfflig"l!'f• ~ -e--o -t ~---~ --· -.:;"•' ,...... . ~· ----------------- ' ·,,. ✓ ·,.-,'-....' ..,..... Heil Ave Urang ... Chapman V, :: Ql ~ > t?--::­~,,, 182.4 G ~n~7-~2 00.0 250.0 /0 lroqv / / 400.0 / 450.0 io .o 532.4 Skylab Rd .... V, Ql .. -0 0) ,.," " C , ~ , " c..v,,. " , " Mel " , , , " ~ (,!) N A 0 0.5 Miles Scale: 1 :4 0,000 Appendix B: Sites Inventory & Methodology Contents Appendix B: Sites Inventory & Methodology ............................................. 1 Con tents ..................................................................................................................................... 1 Section B.1 Introduction .......................................................................................................... 2 B.1.1 Overview and Purpose .........................................................................................2 B.1.2 Reg ional Housing Needs Allocation ..................................................................... 2 B.1.3 Data ..................................................................................................................... 3 Section B.2 Futu re Residentia l Development Potential ........................................................... 3 B.2.1 Accessory Dwell ing Uni ts ..................................................................................... 3 B.2 .2 Current Projects Pending Approval .......................... ........................................... .4 B.2.3 Assumptions ........................................................................................................ 5 B.2.4 Methodology ........................................................................................................ 8 B.2 .5 Suitability of Nonvacant Sites .............................................................................10 Section B.3 Adequacy of Residential Sites in Meetin g R HNA ............................................... 18 B.3.1 Summary ........................................................................................................... 18 B.3.2 Site Profi les ....................................... ................................................................. 19 B.3.3 Housing Sites Map ..................................................................................... 30~ B.3.4 Housing Sites Tables ................................................................................. 3 1a+JG Sites Inventory and Methodology City of Seal Beach I B -1 Section 8.1 Introduction 8 .1.1 Overview and Purpose According to California Government Code §65580-65589 , the housing element must include an inventory of adequate s ites that are zoned and available within the planning period to meet the jurisdiction's fair share of regional housing needs across all income levels. The sites inventory, in addition to projected accessory dwelling units (ADUs) and in process development projects , assists in determining if the jurisdiction has enough developable land to meet its Regional Housing Needs Allocation (RHNA), given its current regulatory framework and market conditions. This Appendix details the sites inventory and supporting analysis methodology and assumptions. 8 .1.2 Regional Housing Needs Allocation Jurisdiction_s must provide sufficient land to accommodate enough housing for all economic segments of the community. Compliance is determined by the jurisdiction 's ability to provide adequate development capacity through appropriate development regulations and land use policies. The number of new units that must be accommodated is established through each jurisdiction's share of the region 's projected housing needs for the planning period. This share for each jurisdiction is called the Regional Housing Needs Allocation (RHNA). Southern California Association of Governments (SCAG), a regional planning agency, is respons ible for distributing the RHNA to eac h jurisdiction within its six-county region (including the County of Orange ). 1 The RHNA is distributed by income category. For the 2021-2029 Housing Element update, Seal Beach is allocated a RHNA of 1,243 units as follows: • Very Low Income (less than 50 percent of AMI): 258 units (21 percent) • Low Income (50 to 80 percent of AMI): 201 units (16 percent) • Moderate Income (80 to 120 percent of AMI): 239 units (19 percent) • Above Moderate Income (greater than 120 percent of AMI): 545 units (44 percent) For this Housing Element planning period, October 15, 2021 through October 15, 2029, the City must ensure the availability of adequate residential sites to accomm odate these units . This Appendix pro vides an overview of the methodology used to ev aluate the adequa cy of sites within Southe rn Ca lifornia Association of Governm ents (S CAG ) covers a six-county regi o n, in cludi ng Los Ang el es, Orange , Ri verside, San Bern ardin o, Ven tura , and Imperi a l. B-2 I City of Seal Beach Sites Inventory and Methodology Seal Beach and identifies such sites for future residential development to fulfill the City's share of regional housing needs. B.1.3 Data The sites inventory analysis used data provided by the City, such as parcel data and building permiUentitlement information. The following is an overview of the data used: • City and County-level parcel data, including General Plan land use designations, zoning information, and infrastructure availability • ADU information • Projects in the entitlement phase • Prior housing element site inventories • Annual Progress Reports to HCD during the 5th Cycle • Zoning Code maximum density standards • Google Earth aerial imagery Section 8.2 Future Residential Development Potential B.2.1 Accessory Dwelling Units State laws in effect since January 1, 2018, have eased the development standards and streamlined the approval process for Accessory Dwelling Units (AD Us). Table B-1 shows the number of building permits issued for ADUs in Seal Beach from 2019 through 2023. Table B-1: Permitted ADUs -Building Permits Issued Year Permitted ADUs 2019 1 2020 2 2021 0 2022 0 2023 3 Total 6 Annual Average 1.2 Source: HCD Sites Inventory and Methodology City of Seal Beach I B-3 Over a 5-year period from 2019 through 2023, the City of Seal Beach iss ued an average of 1.2 ADU building permits per year. The City is estimating 1.2 ADUs to be produced each year, or 7.2 ADUs over the next six years (rounded to 7 ADUs), given recent historical trends and the length of the planning period (from October 15, 2021 to October 15, 2029). The Housing Element incorporates feasible recommendations from this report to continue to incentivize ADU production to help meet the City 's RHNA (see Section 4 and below). Programs in the Housing Element to further incentivize ADU production include: • Program 1h: Accessory Dwelling Units • Program 1 i: Accessory Dwelling Units Amnesty Program • Program 1j: Accessory Dwelling Unit Monitoring Program SCAG conducted a regional ADU affordability analysis to provi de local governments in the reg ion with assumptions for ADU affordability that can be us ed to assign projected ADUs to income categories. The ADU affordability assumptions identified in the SCAG analysis were applied to ADUs projected over the planning period are listed in Table B-2. Table B-2 : Affordability per SCAG ADU Survey Income Level Percent ADU Projections Extreme ly Low 15% 1 Ve ry Low 10% 1 Low 43% 3 Moderate 30% 2 Above Moderate 2% 1 Total 7 Source: SCAG , 2020 B.2.2 Current Projects Pending Approval Because the RHNA projection period for the 2021-2029 Housing Element begins on June 30, 2021, housing developme nts that ha ve already been proposed and are not expected to be issued a ce rtificate of occupancy until July 1, 2021 or after, but are expected to be completed before the end of the planning period (October 15, 2029), can be credited toward the RHNA. Error! Reference source not found.Table B 3 lists the project that meet those c riteri a and ca n be credited toward the 6th Cycle RHNA. B-4 I City of Seal Beach Sites Inventory and Methodology Table B-3 : Current Projects Pending Approval Low Moderate 130-012-55 167 167 Total 167 167 1 No projects are located on parcels with existing residential units where the existing res idential units will be demolished. 2 If approved, Old Ranch Country Club will include 116 family units and 51 senior un its. Source: City of Seal Beach Approximately 4 acres of the 155-acre Old Ranch Country Club are proposed for hous ing. Existing uses at the Old Ranch Country Club include a clubhouse , golf course, and supporting amenities, most of which will remain. This housing development application includes specific plan and development agreement components, and an Environmental Impact Report is being prepared for this project. B.2.3 Assumptions Density and Realistic Capacity Assumptions The City's sites inventory relies primarily on the rezoning of existing commercial properties to a new zone that allows for high density residential , mixed-use developments under Program 1.b (Mixed Commercial/Residential High Density Zone). This ne w MC/RHD zone w ill allow residential development with a maximum density of up to 46 dwelling units per acre, and will require a minimum density of 40 dwelling units per acre. Sites in the City's sites inventory that are being rezoned MC/RHD are conservatively assumed to d evelop at a capacity of 80 percent of maximum density (80 perce nt of 46 dwelling units per acre , or almost 37 dwelling units per acre), to account for the poss ibility of 100 percent commercial projects2-aRG-inefficacies that can arise from parce l shape and orientation during the development process ; there is no like lihood for 100 percent nonresidential (commercial) projects si nce 100 percen t nonresidential will not be a ll owed in the MC/RHD zo ne, co nsiste nt w ith the zone's intent to pr oduce add iti onal housing)-In terms of land Given tho decli ning trend of brick and morlar retai l/commercial coupled with COi/iD 19 pandemic impacts (e.g., tho increas i ng preva lence of working from home , decreases in demand for commercial rea l estate , etc.) and continued market demand for housing , tho likelihood of 100 percent commercial projects appears to be low. However, tho City discounte d capaci ty projections to neverthel ess account for the possibility of 100 percent nonresidential uses . 3 The declin ing t rend of brick-a nd-mortar reta il /commercial coupled with COV ID-19 pandemic impacts (e.g ., the incre asi ng prevalence of working from home, decreases in deman d for commercial real estate, etc.) and conti nued market demand for hous ing demonstrates that commercial uses as part of mixed-use developme nts w ill not impede residential development. Sites Inventory and Methodology City of Seal Beach I B-5 i use controls, however, through Program 1.b the City will create development standards in the MC/RHO zone that are conducive to achieving the maximum density of 46 dwelling units per acre.'! The City's conservative realistic capacity assumption for sites to be rezoned MC/RHO (80 percent of the maximum density of 46 dwelling units per acre) is lower than the minimum density of 40 dwelling units per acre because that minimum density standard has not yet been adopted. However, once the minimum density standard of 40 dwelling units per acre is adopted for the MC/RHO zoning district , the City will anticipate additional units than those projected in its sites inventory (however, this capacity is not counted in the sites inventory towards the City's RHNA). The City considers this conservative approach to give it an additional built-in "buffer" for the purposes of meeting its RHNA obligations during the 6th cycle and is committed to adopting minimum and maximum densities as described in this Housing Element. Furthermore, realistic capacity assumptions have been significa ntly reduced to account for the anticipated development footprint §. All of the sites to be rezoned MC/RHO anticipate that residential development will only occur on existing surface parking lots. Parcels with structures, or portions of structures have not been included as a part of these sites. Capacity at these sites is anticipated to be infill and no rem ova l of existing com mercial improvements are anticipated or included in the calculation of rea li stic capacity-. See Sections B.2.5, B .3 .2 , and B.3.4 for more information. As described in Section 3.2 below, the following sites 6 will be rezoned M-DMC/RHO under Program 1b: • Site 4: Accurate Storage • Site 5: The Shops at Rossmoor 4 Furthermore. because the MC/RHO zone will be created throug h Program 1.b (and does not currently exist). it is not possible to ana lyze historic tre nds of 100 percent nonresidential use occurring on sites within this zone: however. the new MC/RHO zone will not allow 100 pe rcent nonreside ntia l use . All other sites in the sites inventory are identified at parcels zoned Limited Commercia l/Residential Medium Density (LC/RMD). Res idential High-Density, Planned Deve lopment Overlay District (RHO -PD). and Residential High-Density-33 (RHD-33). Of these. only the LC/RMD all ows 100 percent nonresidential (i.e .. commercial) uses. T he Ci ty does not have a track record of 100 pe rcent nonresidential uses developing in the LC/RMD district in the last 5 years , i ndicati ng that 100 percent nonresidential uses will not impede resi dentia l development in th is zone . For reference, the on ly site in the LC /RMD zone is 1780 Pacific Coast Highway which has an assumed capacity of 4 moderate-income units (discou nted from a maximum capacity of 5 un its). 5 See Tables 8-6 and 8 -7 for assumed capac ity projections as a percentage of the maximum capacity that w ould be allowed . 6 These commercial sites are in fact each made up of several individual parcels whose realistic capacity is calculated on a parcel-by-parcel basis. None of the sites in the inventory re ly on consolidation for the purposes of calculating assumed capacity or income levels. B-6 I City of Seal Beach Sites Inventory and Methodology • Site 6: Old Ranch Town Center • Site 7: Seal Beach Plaza • Site 8: Seal Beach Center One other site, Site 9, located at 99 Marina Drive, will be rezoned under Program 1 a (Provide Adequate Sites for Housing through updates to the General Plan and Zoning Code) to the City's existing High Density Residential-33 zoning district, which allows a maximum density of 33 dwelling units per acre. The realistic capacity assumed at 99 Marina Drive was discounted to 70 percent of maximum density (i.e., 70 percent of 33 dwelling units per acre, or approximately 23 dwelling units per acre) to account for land use controls, although again, the City anticipates that the maximum allowable density of 33 dwelling units per acre will be achievable at this site. Lastly, the City's sites inventory includes two sites that do not necessitate rezoning for the production of housing, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2), which are also projected to accommodate an assumed capacity of 70 percent of maximum density to account for land use controls and the possibility of 100 nonresidential development. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21.8 dwelling units per acre, and the Leisure World RV lot is zoned Residential High Density/Planned Development, and has a maximum density of 32.2 dwelling units per acre. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory. Affordability Assumptions State law7 establishes a "default density" of 30 units per acre that is suitable for lower-income housing in communities with a population over 25,000, including Seal Beach. All lower-income sites in the sites inventory are consistent with this general affordability assumption 8 . However, State law provides that sites smaller than ½ acre, or larger than 10 acres, are not deemed adequate to accommodate lower-income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. All sites smaller than ½ acre have been allocated to the moderate or above moderate- 7 Government Code Sec. 65583.2(c)(3) 8 In some cases, however, even ifthe maximum allowable density at a particular site is 30 dwelling units per acre or greater, the City has identified particular sites as affordable to moderate or above moderate income households, as allowed by the California Department of Housing and Community Development. No sites with maximum densities under 30 dwelling units per acre have been identified for lower-income units. Sites Inventory and Methodology City of Seal Beach I 8-7 income categories. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory. Density Bonus Based on how existing financing applications for low-income housing tax credits, AHSC, and other funding sources are structured, affordable housing developments for lower-income households are most competitive to win funding when the project exceeds a jurisdiction's base density and/or utilizes a density bonus. In the instance of 4% Low Income Housing Tax Credits, a new construction project must utilize a density bonus to even be eligible. State law has been amended several times to allow density bonuses in exchange for the provision of affordable housing. Due to the high cost of land and construction , Seal Beach expects residential developers to take advantage of the density bonus provisions to include affordable units in new residential projects and improve fiscal feasibility of projects -also see Programs 2a (Streamline the Density Bonus Review Process) and 2b (Density Bonus Incentives and Information) for more information on how the City will be facilitating density bonus applications . However, it is important to note that the City is not factoring in the possibility of additional units allowed by a density bonus in its realistic capacity nor affordability assumptions, nor to meet its RHNA obligations, although density bonus projects would of course help provide additional affordable housing. As shown in Table B-4, several housing development projects in the vicinity of Seal Beach have utilized density bonus provisions in recent years. B.2.4 Methodology Housing Site Inventory Seal Beach is nearly built-out with almost no vacant developable land remaining. Therefore, the site inventory must rely primarily on non-vacant sites. The following pages detail the Housing Opportunity Sites that have potential for additional housing. The sites are broken into two categories: (a) underutilized sites that do not require zoning code changes summarized in Table B-6, and (b) sites where zoning modifications are proposed , summarized in Table B-7. Where units could not be located at sites under present zoning , the City examined nonresidential areas where zoning amendments could facilitate residential development. A Housing Element Ad Hoc Committee was established and held two meetings to assist in identifying and evaluating potential sites for housing development. In addition, City staff contacted several property owners to assess interest in multi-family or mixed-use redevelopment. To ensure sites selected for the site inventory do not have existing uses that are impediments to housing development, an analysis was conducted to select sites that are most likely to develop during the planning period . Development likelihood and feasibility was determined by a number of different variables , including improvement-to-land value ratio, ex isting lot coverage, lot size , future development potential , and existing uses, and by recent patterns and trends in the region B-8 I City of Seal Beach Sites Invento ry an d Methodolo gy (see table B-4 and Section B.2.5 for additional analysis on comparable patterns and trends). The City analyzed the most current parcel-level data across such variables to determine which sites were most appropriate for inclusion into the site inventory and to estimate the number of additional units that are likely to be developed. Bearing in mind that most of the developable land within the city consists of established residential uses, most of these areas were eliminated from consideration, as land assembly in a single-family neighborhood was considered infeasible. As discussed in Appendix C Constraints, infrastructure systems such as water, wastewater, drainage and dry utilities are in place, and there are no known limitations that would preclude the anticipated level of development at any candidate site. In some instances , infrastructure may need to be upgraded to provide additional capacity. As part of future Land Use Element amendments and zoning changes to ensure availability of adequate sites (Program 1 a), CEQA analysis will be conducted to analyze potential environmental impacts associated w ith any potential future infrastructure projects. Recent real estate development trends in coastal Orange and Los Angeles counties demonstrate the increasing market feasibility of multi-family and mi xe d-use redevelopment. In addition, research conducted by the University of California, Berkeley lt to identify potential infill development opportunities in California concluded that the ratio of improvement value to land value (I/L ratio) serves as an indicator of the likelihood of redevelopment. That study utilized an 1/L ratio of less than 1 .0 for commercial and multi-family reside ntial properties, and the authors of that study noted that this methodology " ... has a strong theoretical and empirical basis: urban parcels for which improvement values are less than land values are widely considered to be economically underutilized. Indeed , many, if not most, market-rate infill housing projects are currently built on refill sites." The candidate sites listed in Table B-6 and 8 -7 we re also reviewed by the Planning Commission and City Council at public hearings, as described in Appendix E, and property owners and other interested stakeholders had the opportunity to provide comments on sites that should be considered for additional residential development. Airport Environs Land Use Plan (AELUP) The Airport Environs Land Use Plan (AELUP) states that infill projects must comply with all applicable specific policies and development standards. As all opportunity sites comply with height restrictions , noise and safety standards, and are not within identified Accident Potential Zones (APZs) or Clear Zones (CZs), they all qualify as suitable sites. In accordance with the Public Utilities Code (PUC) Section 21678 , upon the adoption of an overrule action, the Housing Element shall not be subject to further Orange County Airport Land ~University of Ca lifornia, Berke ley Institute of Urban and Regional Development, Th e Future of Infill Hous ing in California: Opportunities, Potential, Feasibility a nd Demand, 2005 Sites Inventory and Methodology City of Seal Beach I B-9 Use Commission (ALUC) review, unless the ALUC and the City both agree that individual projects shall be reviewed by the ALUC. Additionally, pursuant to PUC Sections 21670 and 2 1676, serving as the final review authority, the City Council may, following a public hearing, overrule the ALUC by a two-thirds vote, provided that specific findings are made that a project is consistent with the objectives of PUC Section 21670 regarding the protection of the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimizes the public's ex posure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. The AELUP also sets forth noise, safety, and land use compatibility standards with the Joint Forces Training Base (JFTB) Los Alamitos. Concerning noise standards, AELUP Section 2 .1.1 establishes the Community Noise Equivalent Level (CNEL) standards . One opportunity site, the Old Ranch Town Center, lies partia lly within the 60 dB CNEL contour for the JFTB Los Alamitos, and on e opportunity site, the Shops at Rossmoor, is within the 65 dB CNEL contour . No sites are identified within the 65 dB CNEL. The Old Ranch Country Club site was formerly within the 60 dB CNEL contour for the JFTB Los Alamitos, but has been reclassified as a pipeline site. No sites are identified for the 65 70 dBA CNEL noise contour. AELUP Section 3.2.4 requires residential uses to be developed with advanced insulation systems to limit interior sound to no more than 45 dB . The City's General Plan Noise Element also currently requires interior sound attenuation to 45 dB. Additionally, in compliance with AELUP Section 2.1.2 (Safety) safety standards, no opportunity sites are located within CZs. Furthermore, concerning land use compatibility adjacent to JTFB Los Alamitos and consistency with the AELUP, any infill projects must comply with all applicable specific policies . Specifically , projects with heights of 200 feet or higher above ground level fall within the AELUP due to th eir potential adverse aeronautical effect. None of the housing opportunity sites violate the AELUP height restrictions, are consistent with the noise and safety policies, and are not situated within any identified APZs or CZs. Based on these findings, on A ugust 19 , 2022 , after conductin g a public heari ng, the City Council determined that the!2.v resolution eR-that the Housing Element is consistent with the noise, safety, and height standards, as well as the purposes and intent of the AELU P. Consequently, the Council overruled the ALUC's determination that the Housing Element is inconsistent with the AELUP. On August 29 , 2022, the C ity Counci l conducted a public hearing on the matter and adopted the resolution . ThusAs determ ined by the City Co unci l t hen , OOR-e-.illL_of the housing sites ~ issues identified in3re consiste nt with the AELUP , including tho Shops at Rossmoor, the Old Ranch Town Center, and t h e Old Ranch Country Club. B.2 .5 Suitability of Nonvacant Sites B-10 I City of Seal Beach Sites Inventory and Methodology Sites for Housing Development Due to a lack of vacant land, the majority of the Seal Beach opportunity sites are in use to some degree. As will be described in more detail however, the sites are underutilized , and the opportunities to intensify and /or diversify the uses are feasible and make sense w ithin the greater market area . While Seal Beach itself has experienced intensifications of site use, complete site redevelopment has been minimal. Nevertheless, several regional examples of redevelopment are readily available and Seal Beach is subject to the same market forces that bring such projects to fruition . Some examples of new housing developments in the region , including neighboring cities such as Long Beach, and other c ities in Orange County, -follow in Table B-4. Sites Inventory and Methodo logy City of Seal Beach I B-11 .4• 1 :nmn::ir::1nu> 1<1>!':id1>nti::1I/Mix1>d-~ • --• ~--• - -•-••- ' -• • ~··· -' ----- -•---·· · Retail, marine 2000-2244 related N ewport I and 2001 -commercial, boat 1 I I I I EIR Scoping Village 2241 West 9.4 Newport Beach rental, service 198 ~ 26.7 1 Yes Meeti ng October I 21 .06 I 79% Mixed-Use Coast uses, office, and stories 2023 Highway surface pa rking lots Multi-tenant strip mall (fast casual food, groce[Y store, gym. chiropractor, d[Y Calculated by cleaners, Gmfii..Onni I 6500 Pacific I I I restaurants, Southeast Area Approved by Mariria"" Coast 6.17 Long Beach groce[Y store, 5 600 0 Specific Plan Trip No Plann ing 97.24 N/A Shores Highway pet store, salon} stor ies Allocation for Commission and surface Mixed-Use July 2023 parkingRelail, Designations Wl6af'lt &ttirefffif\t, -VaGaAt restat1ram Office building (bank, finance Calculated by offices l with Southeast Area Approved by 6700 Pacific I I I underground and 6700 PCH I Coast 2.61 Long Beach surface 6 281 13 Specific Plan Trip Yes Planning I 107.66 I N/A stories Allocation for Commission Highway parkingOOGe, Mixed-Use April 2023 tl.Gk--t!AG0f Designations f)afki~Ge ~rki!:!fj Office building (chiropractor's office , Calculated by 6615 E I I accounting Southeast Area I I Approved by City 6615 PCH I Pacific Coast 3.75 Long Beach I office, real estate 6 380 17 Specific Plan Tri p Yes Council I 104.00 I N/A offices, etc. l and stories Allocation for Highway September 2023 surface Mixed-Use parking~Q Designations let;--GffiGe ~ Sites Inventory and Methodology B-12 I City of Seal Beach • • • Table B-4: Comparable Residential/Mixed-Use Rede··-•-----•,..__ ,_-•-'-.,_,_LL--'--~,.,_ -' -·-"" -- -L -·' ~ -• ~ -• ~--·ana urana<> Project Address Site Size (ac) Previous I Existing Use Built Height Final Unit Count Number of Affordable Units By-Right Density (dul ac) Density Bonus? Status Built Density (dulac) %of Max Density Westmin ster Mall Redevelopm ent 1025 Westminster Mall, Westminster 100 Westm i nster S hopping mall and surface parking 3-10 stories 3 ,000 300 Calculated by Westminster Mall Specific Plan Trip Budget No Specific Plan adopted December 2022; I Development Appl ications in Process 30 I NIA MainPlace Mall Transformati on 2800 North Main Street. Santa Ana 49 Santa Ana Shopping mall and surface parking 10-20 stories 1,900 TBD, consistent with Housing Opper- tunity Ordinance 39 No Specific Plan adopted June 2019; under construction I 39 I 100% l=le~e GaFEleR5 f Long Beach Senior FieHSin~Villa gg 901-941 E Pa cific Coast Highway 0.63 Long Beach Car/boat mechanic 's shop. autobody/Qaint shop,and surface parkingC-OmmeFG ialtA1o1leFAE>Gile I sto~ies I 68 I 67 I 44 .68 I Yes Cens~Built II 2023 107.94 I 242% 26 Point 2 3590 E Pacific Coast Highway I 1.14 I Long Beach Commercial build ings with offices (salon; real estate, .PrQJ2fil!Y management,appraisa l service offices; insurance offices ; dental office) and surface parkingGGmm&f'.G ial-RetailtGffiGe I 5 stories I 77 I 76 I 44.68 Yes 1JfleeF CenslrnslienBuil t I 2024 67.72 I 152% The Cove I 2121 W Willi ams St I 0.87 I Long Beach I Residential sto~ies I 90 89 I 1,380 total units all owed in the Centu ry Villages at Cab rillo Specific Plan No 1JfleeF Censln.1stien8uil t 2023 I 104 I NIA S ites Inventory and Methodology City of Seal Beach I 8 -1 3 The City has several functioning retail centers serving local and regional customers, but adding res ide ntial uses to these commercial centers could be financially beneficial. As described in Section B.2.3 , the City is developing a mixed-use zone to apply to these sites that will allow high­ density residential uses that will include a maxi mum density of 46 dwelling units per acre and minimum density of 40 dwelling units per acre (Program 1 b ). While many of the residential/mixed­ use projects described above are developing at densities approaching or in excess of 100 dwelling units per acre , indicating tremendous demand for housing in Seal Beach and its vicinity, two of the projects described above have allowable densities in the range allowed by the new Mixed Commercial/Residential High Density zoning district proposed in Program 1b: Heritage Gardens (Long Beach Senior Housing ) and the 26 Point 2 project, wh ich have allowable densities of 44.68 dwelling units per acre. Both of these projects have been deve loped at nonvacant sites. These projects demonstrate that the density range proposed for the new Mixed Commercial/Residential High Density is consistent with other allowable densities that are currently producing housing. Development standards and land use controls, including heights, setbacks, parking ratios , etc. will be created as part of Program 2.b that ensure that the max imum density of 46 dwelling units per acre can be achieved. Furthermore, all of the commercial sites being rezoned to Mixed Commercial/High Dens ity Residential are proposed as infill development on parking lots , and do not require existing commercial uses to cease or discontinue. The sites in the inventory being rezoned to the Mixed Commercia l/H ig h Residential zone 10 that have exist ing commerci al uses , shopp ing centers, and large surface parking lots are: • Si t e 4: Accurate Storage: Indoor and outdoor storage facility w ith surface parking 1 1 • Site 5: The Shops at Rossmoor: Mu lt i-tenant strip mall wit h surface parking • Site 6: Old Ranch Town Center: Multi-tenant strip mall wit h surface parking • Site 7 : Sea l Beac h Plaza : Mu lti -tenant strip mall wi t h surface parking • Site 8: Seal Beach Ce nter: Multi-tenant strip mall with surface park ing The existing uses and parcel s izes for comparab le redevelopment projects in Table B-4 correspond to the existing uses in the s ites inventory identified above (also see Tab les B-6 and 10 The only site in the sites inventory t hat will be rezoned to a zone other tha n the Mixed Commercial/High Dens ity Residential zone is 99 Marina, whic h is a vacant site . 11 In addition to a low Imp rovement-to-Lan d Value ratio of0.54 (see Section B.2.4 fo r a description of the met hodology u sed fo r se lecting sites and proj ecting realistic capacity), the property owner has indicated interest in redeve lopment of this property for housi ng . B -14 I City of Seal Beach Sites In ve ntory and Methodo logy B-7}, providing support for the like lihood of redevelopment and demonstrating that t+he existing uses at these commercial sites in the sites inventory are not impediments to housing redevelopment. For example, Table B -4 identifie s t hat previous/ex isting uses for comparable redeve lopment pro jects inc lude: • Westminster Mall Redeve lopment and Santa Ana Main Place Mall Transformatio n: Shopping ma ll , including big box stores , and surface parking • Onni Marina Shores : Mult i-tenant strip ma ll (fast casua l food, grocery store, gym, chiropractor, dry cleaners, restaurants , grocery store, pet store, salon} and surface parking • 26 Point 2: Commercial buildings with offices (salon; real estate, property management, appraisal service offices; insurance offices; dental offi ce} and surface parking • 66 15 Pacific Coast Highway: Office building (ch irop r actor's office, accounting office, real estate offices , etc.} and surface parking • 6700 Pacific Coast Highway: Office build ing (bank, finance offi ces} w ith underground and surface parking • Long Beach Senior V ill age: Car/boat mechanic's shop, autobody/paint shop, and surface park ing • Newport Village Mixed-Use : Retail, marine related commercial, boat rental, service uses. office, and surface parking +herefore , it can be reasonab ly concluded that these sites have sufficient capacity to produce the housing assumed in +ables B 6 and B 7 . Moreover, the project site sizes identified in Table B-4 for comparable redevelopment projects are similar to those in the sites inventory, lending further support to the likelihood of redevelopment. T he pro ject sites in Table B-4 range from 0 .63 to 9.4 acres12 whereas project sites in the sites inventory range from 0 .25 to 11 .97 acres.13 In addition, the two sites in the inventory that do not necessitate rezoning, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2) are in zoning districts that allow similar densities to those in the region where housing is being developed. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21 .8 dwelling units per acre , and the Leisure World 12 Ex ce pt for the v ery la rge mall redevelopment sites in Westm inste r and Santa Ana , whi ch were included to demonstrate add itiona l redevelopment of commercia l sites with large parking lots . 13 See Tables B-6 an d B-7. as well as the S ite Profiles in Section B.3.2 . The in fi ll parking lot area on which the City projects hous ing capac ity for the Shops at Rossmoor is 11 .97 acres . Sites Inventory and Methodology City of Seal Beach I B-15 RV lot is zoned Residential High Density/Planned Development, and has a maximum density of 32.2 dwelling units per acre. Viable projects in nearby Cypress (Lincoln West Apartments -maximum 30 dwelling units per acre) and Newport Beach (Newport Village Mixed-Use -maximum 2G-26 .7 dwelling units per acre) demonstrate that housing is being built in nearby jurisdictions at the densities allowed at these sites that do not require rezoning. Therefore , it can be reas onab ly concluded that these sites are of a sufficient size and a llow sufficient dens ity to produce the housin g assumed in Tab les B-6 and B-7. Also sS ee the si-t&-S ite profiles Profi les in Section B.3.2 for more information. Sites for Rezoning and Suitability of Nonvacant Sites Many cities have observed the deterioration of retail centers for a variety of reasons. In Seal Beach, the primary retail centers remain largely viable uses; however, there are few outdated structures and underutilized parcels where uses could be intensified through infill or partial redevelopment. The success of these centers and their overall appearance contribute to the possibility that residential uses could also be successful on these sites. These sites are generally located along Seal Beach Boulevard or Pacific Coast Highway and enjoy good access to transit, services, and amenities. Therefore, the City is proposing to allow these retail sites to be developed with higher density residential uses through a new high density residential mixed-use zoning district (see Program 1.b: Mixed Commercial/Residential High Density Zone). Given the current operation of the retail centers, the City has assumed that each commercial site in the inventory would be developed with residential infill uses on existing parking lots. Based on land use patterns in the City, parcels with the following characteristics were included in the inventory: • Retail centers with large, paved surface parking lots that provide opportunity for infill development; • Underutilized sites that could wholly or partially redevelop w ith res idential uses. The resultant parcels were reviewed based on an additional set of factors : • General characteristics, such as low ex isting Floor Area Ratio (FAR), and COVID­ impacted uses , among others; • Expressed interest from property owne rs or developers; • Applications filed for new res idential development. B -16 I City of Seal Beach Si t es Inventory and Methodology To further encourage and facilitate the development of affordable units for low-and very low­ income households, the City will adopt a menu of development incentive opportunities, including: streamlined processing, density bonus incentives, deferred impact fees, and reductions in development and parking standards, as indicated in the Housing Action Plan (Section 4). Funding for potential regulatory and financial incentives will be prioritized to encourage housing for extremely low-and very low-income households. Although rare, developers have occasionally requested to develop at densities below the maximum permitted on a given site. This typically occurs when market demand is inconsistent with development regulations. When this occurs, the City will work cooperatively with the developer to maximize the site's potential consistent with the General Plan and other community objectives. To ensure that adequate sites are available for the development of lower income housing during the 2021-2029 planning period, the City has included Program 1 d to track the number of units built on parcels including in the City's sites inventory and to determine the remaining site capacity by income category. This will ensure the City takes appropriate action if a Housing Opportunity site is developed at a density below what is permitted Sites Inventory and Methodology City of Seal Beach I B-17 Section 8.3 Adequacy of Residential Sites in Meeting RHNA B.3.1 Summary Table B-5 summarizes the City's methods for satisfying its RHNA and outlines the unit capacity of the sites inventory based on density and affordability assumptions provided above in Section B.2 .3 Based on ADU projections (Table B-2), current projects pending approval (Table B-3), and available sites (Tables B-6 and B-7), the City has capacity for 1,339 units across all in come categories, resulting in an 8 percent, or 96-unit, surplus over the RHNA. Table B-5: Residential Development Potential and RHNA Very Extremely Low Low Low Moderate Above Moderate Total RHNA See Very Low 258 201 239 545 1,243 ADUs See Very Low 2 3 2 -7 Current Projects Pending Approval ----167 167 Remaining RHNA See V e ry Low 256 198 237 378 1,069 Site Inventory (Baseline Sites)1 See Very Low -129 -129 Surplus/(Shortfall) (454)2 (108) (378) (940) Rezone Sites 534 117 385 1,036 Surplus/(Shortfall ) with Rezone Sites 80 9 7 96 1 . See Tables B-6 and B-7 for the complete inventory 2• For calculation purposes , extremely low, very low-, and low-income totals were grouped. Source: City of Seal Beach, LWC The scenario in Table B-5 relies on zoning amendments, identified in previous sections, to ensure adequate capacity for all i.ncome levels . With completion of these amendments (Program 1 a and 1b}, the City will have adequate capacity in all income categories, as shown in Tables B-6 and B- 7. AB 725 requires that 25 percent of a city's above-moderate income RHNA and 25 percent of the city's moderate-income RHNA be met on sites which accommodate four or more units per site. As shown in Tables B-6 and B-7, 100 percent of Seal Beach 's above moderate-income RHNA and moderate income RHNA are expected on sites accommodating 4 or more units. Sites Inventory and Methodology City of Seal Be ach I B-18 8.3.2 Site Profiles In addition to the overall analysis, discussion and methodology described above, this section provides additional clarification and methodology on how the estimated number of residential units were determined for each site factoring the existing uses. A lso see Sect ion B.2.3 for information rega rding how rea listic capacity assumptions were reduced to take into a ccount the possibili t y of 100 pe rce nt non-residentia l use14 and othe r land use controls. Of the 8 site groupings listed in Tables B-6 and B-7 and in the site pro fi les below, only one is vacant (Site 9, 99 Marina). The discussion below provides a brief explanation on the methodology used to calculate residential potential for each of the sites that are currently developed w ith various uses. Also see Section 8.2.3 for information regarding ho1N rea listic capacity assumptions were reduced to take into account the poss ibi lity of 100 percent non residential use and other land use controls . The site profi les be low a lso identify the "reason for selection" (i.e., why a site was inc lu ded in the inventory). Co nsisten t with the methodology use d fo r identifying sites described in Secti on B.2.4, s ites generally have low improvement-t o-land va lues (1/L ra t io<1 .0), o lder existing uses, property owne r in teres t in r edevelopment for housing, and are supported by recent patterns a nd trends in the regio n (also see Section B.2 .5). In additionaddition, each of these sites have characteristics -that are sim ilar to other sites that have been redeveloped or developed with housing in ne ighboring communit ies (see Tab le B-4). These factors include the presence of surface parking, a-lower intensit y uses (e.g .,s uch as storage), or lack of substantia l improvements. 14 As stated previously, sites being rezoned to the Mixed Commercia l/High Density Residential zone do no t allow 100 percent nonresidential use (i.e ., must include residential devel opment). See Program 1 b for more informatio n. Sites Inventory and Methodology City of Sea l Beach I B-19 Site 1 -1780 Pacific Coast Highway (No Rezoning) Location: 1780 Pacific Coast Highway, the eastern corner of the intersection of Pacific Coast Highway and Seal Beach Blvd. The site has housing to the rear of it, and retail to the north. Across the street to the south is the Naval Weapons Station , and to the west is single family residential. APN : 199-061-01 Current Use: Retail, specifically a small liquor store and a bait shop Current Zoning Designation: Limited Commercial/Residential Medium Density (LC/RMD) Size: 0.25 acres Reason for Selection: This parcel is developed with an older commercial building currently occupied by a liquor/convenience store . Due to the age and marginal condition of the structure, taken in combination with the value of the land, this site is an excellent and likely candidate for redevelopment with a new residential or mixed-use project. It is immediately adjacent to housing, with excellent access to goods and services. Assumed Development Capacity: This zoning designation allows residential use at up to 21.8 units/acre. The site can reasonably accommodate ground floor commercial use and parking with four second-story housing units. Because of its max imum allowable density, this parcel has been listed in the moderate-income site inventory. B-20 I City of Seal Beach Sites Inventory and M etho dology Site 2 -Leisure World (No Rezoning) Location: Leisure World is a large, high-density residential senior community generally bound by Westminster Blvd , Seal Beach Blvd, the 1- . 405, and the Los Alamitos Flood Control Channel. The community currently has 6,608 units. The opportunity site within the development is located along the eastern border, about one third of a mile from the southwestern corner of the community. APN: 095-691-04 Current Use: Recreational vehicle storage Current Zoning Designation: Residential High Density -Planned Development Size: 5 .5 acres Reason for Selection: This is an underutilized site in a community that while not income -restricted , offers very affordable living options, with units selling far below the cost of condominiums elsewhere in the region. For example, a one-bedroom unit may be found for under $300,000 while elsewhere pricing starts in the $500,000 range. According to Figure IV 5Table A-11 , rn tAafiapprox imately 75 percent of the population in Leisure World consists of low-to moderate­ income households. Additionally, the community is already developed to higher densities, with a few buildings at three stories with parking underneath. Additional units could integrate well into the community and could spread ongoing maintenance and operational costs among a greater number of owners, helping to keep those costs in an affordable range. Furthermore, such development has precedent. The series of three -s tory buildings earlier referenced , known as Mutual 17 , were built in the 1980s, well after the rest of Leisure World was developed, and include 126 2-bedroom, 2-bath condominiums on a little less than five acres. As only one percent of the site is proposed for redevelopment, and adequately sized common areas are present, the existing uses will not impede the anticipated amount of residential development. A development proposal at this site can be approved administratively. No additional zoning revisions are needed. Assumed Development Capacity: An additional 125 moderate-income units can be accommodated on approximately 5.5§_ acres presently devoted to recreational vehicle storage at a n assumed density of 22.7 units to an acre (this site has a maximum density of 32.2 units to an acre}. New three-story buildings can accommodate parking on the ground level with units above. Sites Inventory and Methodology City of Sea l Beach I B-21 Site 4 -Accurate Storage (Rezoning Required)15 Location: 1011 Seal Beach Boulevard. This site is bordered by office, commercial and light industrial uses to the north and west, by the City Police Station across Adolfo Lopez Drive to the south, and by the Seal Beach Naval Weapons Station across Seal Beach Boulevard to the east. APN: 095-791-18 Current Use: Self storage facility Current Zoning Designation: High Density Residential (RHD-20) Size: 4.4 acres (1.8 acres ass umed to be developed du ri ng the planning pe riod) Reason for Selection : Reason for selection: This site was previously selected as a candidate housing site due to underutilized parking, location close to services, and interest from the property own er. There are no known environmental constraints on this property, and the site has good access to employment and transit routes. Due to the high land value and relatively low utilization, there is significant financial incentive for residential dev elopment on this property. Assumed Development Capacity: As the current zoning did not result in redevelopment of this site with residential uses, the development assumptions have been revised . The improvement value t o land value is less than 1.0 (0.54), indicating a likelihood for redevelopment, with conversion of the outdoor storage being the most likely to intensify in value. The indoor storage could remain in place and not be an impediment to development due to the site plan and overall qualit y of development and maintenance of the site. Therefore, it is assumed that only 1.8 acres of the site will redevelop to housing, instead of the entire 4.4 acres. As described in Table B-7 , this site is proposed for rezoning to a maximum density of 46 units per acre that will enhance the financial viability of adding residences to the site . At an ass u med capacit y of 37 dwelling uni t s per acre 16 , _g_Qevelopment of 1.8 acres could yield 66 above-moderate units, or more if a density bonus is 15 Previous draft versi ons of th i s 2021-2029 Housing Element identified "Site 3 -Accessory Dwell ing Units" (ADUs); however, ADUs are not a "s ite" in the sites inventory, but are accounted for in Section B.2.1. For cons istency, the numbering of all other sites remains unchange d from previous drafts, wh ich is why there is no "Site 3" in the sites inventory. 16 These are in fact conservative assumptions regard ing assu med capaci ty, as the site will be rezoned Mixed Commercia l/Residential High Density (MC/RHO) under Program 1.b, whic h w ill have a min imum density of 40 dwelling units per acre and a maximum 46 dwell ing un i ts pe r acre. B-22 I City of Seal Beach S ites Inventory and Methodology employed . However, given t he need to design around existing buildings, the projeoted number of un its has been reduced to 59 . Because the presumed developable area is less than 2 aores , Tab le B 2 shows a conservative estimate of only 10% at lower inoome and 10% at moderate inoome, despite a proposed dens ity of 46 units per aero . Sites Inventory and Methodology City of Seal Beach I B-23 Site 5 -The Shops at Rossmoor (Rezoning Required) Location: This multi-address retail center is on the west side of Seal Beach Boulevard between St. Cloud Drive and Rossmoor Center Way APNs: Development only projected at APNs 086- 492-56, 086-492-80, 086-492-87, 086-492- 90, 086-492-92 Current Use: Retail center, with uses including Marshalls, Kohl's, Ulta, Sprouts Farmers Market, and Burlington Current Zoning Designation: General Commercial (CG) Size: 27 acres (12 acre s assumed to be developed d uring t h e planning pe ri od) Reason for Selection: This site was selected due to an abundance of underutilized parking accompanied by owner interest in development of housing units. The site's ratio of improv ement value to land value is less than 1.0 (0.85), meaning the site is economically underutilized, despite being a generally successful retail center. However, with a number of "big box" type tenants subject to changes in the retail landscape, this center is vulnerable to store closures that could result in significant v acant space . A new mixed-use zone would allow for greater flexibility to utilize the land, and by adding housing units, increase the viability of the retail that remains. Additionally, high density residential already exists along the western edge of the retail center, increasing compatibility of the use. Assumed Development Capacity: The site is 27 acres, and surface parking occupies approx imately 19 acres. It is assumed that approximately_ 12 acres of surface parking could be developed with housing, calcu lated at a£! assumed proposed 46 37 units per acre, this -rawltwould resu lt~in 441 units1l, exclusive of a density bonus. Because of the ample development potential and therefore ability to achieve economies of scale , Table B-2--7 projects assumes 276 of units at lower-income, 14_units at moderate-income , and 151 at above-moderate-income. 17 These are in fact conservative assumptions regarding assumed capac ity, as the sites in th e Rossmoor Shopping Center w ill be rezoned Mixed Commercia l/Reside nt ial High Dens ity (MC/RHO) und er Program 1.b. which will have a minimum densi ty of 40 dwell ing units pe r acre an d a maximum 46 dwelling units pe r acre. B-24 I City of Seal Beach Si tes Inventory an d Methodolog y Site 6 -Old Ranch Town Center (Rezoning Required) Location: This multi-address retail center is on the east side of Seal Beach Boulevard, between the Old Ranch Country Club golf course and Plymouth Drive. APNs : Development only projected at APNs 130- 861-15 , 130-861-16, 130-861-17, 130- 861-18 Current Use: Retail center including stores such as Target and Ralph's supermarket. Current Zoning Designation: General Commercial (GC) Size: 26 acres (8.3 acres ass umed to be developed during the planning period) Reason for Selection: Similar to the Shops at Rossmoor, the Old Ranch Town center has a significant amount of underutilized parking, and primarily big box uses. Currently, the former Bed Bath and Beyond store is vacant. The addition of housing to this site is feasible as it is immediately adjacent to goods and services, has excellent access along a major thoroughfare, and can integrate well with the scale of the existing development, bolstering retail uses with on-site residents . The improvement to land value ranges by parcel, with the largest parcel at 0.95 and the second largest parcel at 0.07, demonstrating ripeness for additional development. Assumed Development Capacity: It is assumed approximately 8.3 acres of the surface parking lot of the center could be developed or redeveloped with housing uses, creating a mixed-use environment at 46-;IT_units per acre, for a total of 306 unitsl!!. Because of the ample development potential and therefore ability to achieve economies of scale, as well as density over 30 dwelling units per acre, Table B-7 projects 258 units at lower-income and 48 at moderate-income. Due to its proximity to the Joint Forces Training Base, all residential units would be conditioned to meet interior noise level standards of 45 decibels, however, this is not an obstacle to development as this is also the standard in the California Building Code (see Section B.2.4 for more information on Airport Environ Land Use Plan considerations). Housing currently exists to the north and north east of the site , al so adjacent to the Joint Forces Training Base . 18 T hese are in fact conservative ass umptions regard ing assumed capaci ty, as t he sites in the Old Ranch Town Cen te r will be rezoned M ixe d Commercia l/Residential High Density (MC/RHO) under Program 1.b, which will have a minimum density of 40 dwelling units per acre a nd a maximum 46 dwelling units per acre. S ites Inventory and M ethodo logy City of Seal Beach I B-2 5 Site 7 -Seal Beach Plaza (Rezoning Required) Location: This multi-address retail center is at the northwest corner of Seal Beach Blvd and Westminster Blvd. Two churches and Leisure World are to the north and west, and generally the Naval Weapons Station surrounds the other sides . APNs: Development only projected at APNs 095-641-44, 095-641-55, 095-641-57. Current Use: Retail and office/service uses Current Zoning Designation : Service Commercial (SC) Size: 7 acres (1.5 acres assumed to be developed during th e p la nn in g period) Reason for Selection: This site has a low improvement value to land value ratio at 0.72, and has experienced some large tenant turnover in the past, which could indicate a need to reposition the site for long-term success in the future. Similar to other retail plazas, it is underutilized with large parking areas. The site offers excellent access to goods and services, and augmenting the site with housing would benefit the on-site retailers. The adjacent Leisure World utilizes higher densities , and the Naval Weapons Station is immediately east, and is not a conflicting use. Assumed Development Capacity: This site can be redeveloped entirely or partially as a mixed-use project. Assuming that residential uses are developed on 1.5 acres of surface parking at the site at a-a calcu lated base n assumed density of 4-&-Rdu/acreJJ!, 55 moderate-income units could be accommodated following adoption of a new mixed-use zoning district.. 19 T hese are i n fact conservative assumptions regard ing assumed capacity , as the sites in the Seal Beac h Plaza will be rezoned Mi xed Commercial/Res iden ti al High Density (MC/RH O) under Program 1.b , which will have a minimum density of 40 dwelling un its per acre and a maximum 46 dwelling units per acre . Sites Inve ntory and M ethodology City of Seal Beach I B-27 Site 8 -Seal Beach Center (Rezoning Required) Location: This retail plaza is located on Pacific Coast Highway, between Balboa Drive and Balsa Avenue. It is directly across PCH from Main Street, the commercial core of the Old Town area. APNs: Development only projected at APNs 043- 260-02, 043-260-05. Current Use: The center consists of two anchor stores, a Pavilions supermarket, and a CVS Pharmacy, along with several smaller retail and restaurant tenant spaces. Current Zoning Designation: Service Commercial (SC) Size: 9 acres (2.7 acres ass umed to be developed during th e pl an ning period) Reason for Selection: This site has an improvement value to land value ratio of 0 .72, indicating it is underutilized and could perform to a higher capacity. Its location provides excellent walkability and access to goods and services , including an elementary school. A small mi xed-use project could be undertaken using available parking and redeveloping portions of the site w ith housing above retail. Moreover, the property representatives have expressed an interest in mixed use as a future possibility to increase site utility. Assumed Development Capacity: With a mixed-use zoning allowing up to 46 units per acre, aHG-2 .7 acres of surface parking a nd a ca lc ulated n assumed ca pacity of 3 7 dwell in g units per acre20, the capacity would be 99 above-moderate units without using a density bonus. 20 These are in fact conservati ve assumptions regarding assumed capacity , as the sites in the Seal Beach Ce nter will be rezoned Mixed Commercial/Residential High Density (MC/RHO) under Program 1.b, wh ich wi ll have a minimum density of 40 dwelling units per acre and a maximum 46 dwelli ng uni ts per acre. B-28 I C ity of Sea l Beach Sites Invento ry and Met hodology Site 9 -99 Marina (Rezoning Required) Location: 99 Marina Drive, northeast of Marina Drive and 1st Street intersection. APN: 199-011-1 O Current Use: Vacant. At some point, a handball court was constructed on the western edge of the property, and the City does maintain a small section of the property around the court primarily for public safety reasons as it is adjacent to a public park . Current Zoning Designation: Oil Extraction (OE) Size: 4.3 acres (only 3 acres are proposed for redevelopment) Background and Description: Previously a site that supported oil extraction i n the area, the current owners (Exxon and Chevron) are actively marketing the property. Based on inquires received by City staff from potential buyers, as well as the surrounding residential uses, housing development makes the most sense, and is generally expected by the community. • Assumed Development Capacity: A density of 33 units per acre is proposed at this site to meet the 30-dwelling-unit-per-acre default density thresholds established under Government Code Section 65583.2(c)(3)(B)). However, this location may have additional development standards imposed by the Coastal Commission, similar to the adjacent development, where a portion of the site was left as open space. Thus, the total housing production expected at the site is 69-66 units, all of which are assumed to be above moderate, to be extremely conservative . Sites Inventory and Methodology City of Seal Beach I B -29 C. co :E f/) ! en Cl C: f/) :l :c 8' >, 0 -0 0 .c Q) :::E -0 C <II ~ .8 C ~ E $ ci5 .c al Q) co <ii Q) C/) 0 ~ u 0 <') rn 0 B.3.4 Housing Sites Tables Table B-6 lists the parcels in the City's housing sites inventory that do not require rezoning with unit capacity by income category. Table B-7 lists all of the rezone parcels with unit capacity by income category. Table B-6: Housing Sites (Under Existing Zoning) Site Site Address/ APN # Intersection Current Density (du/ac) Acres Realistic Capacity Identified in Last / Site Final Last Two AffordabilityGeneral Min. Max. Status Max. AssumedZoning Parcel Planning Plan Allowed Allowed Capacity CapacityCycles 1780 Pacific 199-Coast 061-01Highway Leisure 095-2 I World RV 691-04Lot Commer -21.8 0.25 Underu I Yes, Last I Moderate 5 4 80%I I ILC/RM Icial I I tilizedDLimited High -32.2 5.55 Underu No Moderate 179 125 70% Density RHO-tilized Residenti PD al Total= 129 Moderate Units Source: City ofSeal Beach, LWC Sites Inventory and Methodology City of Seal Beach I B-31 Table B-7 : Rezone Sites Site # Site Address / Inter section APN Current General ZoningPlan Proposed Zoning Density (du/ac) Min. Max. All All owed owed Parcel Acres Sub total Infill Parking Lot Sizes Site Status Identified in Last/ Last Two Planning Cycles Max. Cap acity Assu med Cap acity Realistic Capacity Low er Mod erate Above Moderate 5 5 6 6 6 5 6 7 7 TheI Shops at Rossmo or - TheI Shops at Rossmo or - Old RanchI Town Center -- Old RanchI Town Center -- O ld RanchI Town Center -- TheI Shops at Rossmo or - O ld Ra nch Town Center Seal Beach Plaza Seal I Beach Plaza I 086- 492- 90 I 086- 492- 92 130- 861- 1 15 130- 861- I 16 130- 861-I 18 I 086- 492- 80 130- 861- 17 095- 64 1- 44 095- 64 1- 55 Commerci al II General Coma~erc i I I General Coma~erci I I General Commerci al I I General Coma~erci I I General Coma~erci I I General Coma~erci I I General Commerci I I al Se rvice Commerci al Service GC GC GC GC GC GC GC SC SC I MC/RHO I MC/RHO I MC/RHO I MC/RHO I MC/RHO I MC/RHO I MC/RHO MC/RHO I MC/RHO I I I I I I I I 40 40 40 40 40 40 40 40 40 I I I I I I I I 46 46 46 46 46 46 46 46 46 I 2.532 I I 13.281 I I 8.564 I I 2.404 I I 2.022 I I 0.69 I I 1.801 I 0.81 I 6.78I 3.433 6.78 I I I I I 0.50 7.00 4 .00 1.00 2.00 0.37 1.30 0.10 0.50 I I I I Under I util ized Under util ized I I I I I No No No No No No No No No I 116 I 611 I 394 I 111 I 93 I 32 I 83 I 37 I 158 I 18 I 258 I 147 37I I 74 I 14 48I I 4 I 18 I I I I I I I I I 15% 42% 37% 33% 80% 44% 58% 11 % 11 % I I I I I I I I I 18 258 147 37 74 I I I 14 48 4 18 Sites Inventory and Methodology B-32 I City of Seal Beach Table B-7: Rezone Sit es Site # Site Address / Inter section APN Current General ZoningPlan Proposed Zoning Density (du/ac) Min. Max. All All owed owed Parcel Acres Sub total Infill Parking Lot Sizes Site Status Identified in Last I Last Two Planning Cycles Max. Cap acity Assu med Cap acity Realistic Capacity Low er Mod erate Above Moder ate 7 4 Seal 095- I Beach 641- Plaza 57 095-Accurate I 791-Storage 18 Commerci al Service High Density Residenti al SC RHO- 20 MC/RHO MC/RHO 40 40 46 46 2.538 ~4.4 6.78 -M 0 .90 Under util ized Under utilized ownerinteres t in redeve lopme nt I No Ye~, Las t WO I 11 7 I 83 I 33 66 I I 28% 33 %21 I I 33 I 66 5 5 The Shops at Rossmo or - Th e Shops at Rossmo or 086- 492- 56 086- 492- 87 Commerci al I General Commerci I al General GC GC I MC/RHO I MC/RHO I I 40 40 I I 46 46 I 5.43 I 4.306 I I I I 2.10 2.00 I I Under utilized I I No No I 250 I 198 I I 77 74 I I 31 % 37% I I I I I I 77 74 8 I Seal Beach Center 043- 260 - 02 Commerci I al Service I SC I MC/RHO I 40 I 46 I 0.435 I 7.44 I 0.20 owner i nteres I t in I redeve lopme nt No I 20 I 7 I 35% I I I 7 21 This percen tage is based on the fact t hat the total parcel size is 4.4 acres . but the parcel's capacity has been discounted to only include the 1.8 acres of surface park ing and outdoor storage. in addition to another 30 percent capacity reduction to conservatively estimate capacity to account for land use controls and the possib il it y of 100 nonresidential dev elopment. Sites Inventory and Methodology City of Seal Beach I B-33 -- 8 Table B-7: Rezone Sites Current Proposed Density (du/ac) Acres Realistic Capacity Site # Site Address / Inter section APN General Plan Zoning Zoning Min. All owed Max. All owed Parcel Sub total Infill Parking Lot Sizes Site Status Identified in Last I Last Two Planni ng Cycles Max. Cap acity Assu med Cap acity Low er Mod erate Above Moderate Seal 043-Commerci Beach 260-al Service Center I 05 Under uti lized owner SC interes I No I 322 I 92 29% I I 92 t in redeve lopme nt MC/RHO 40 46 7.009 7.44 2.50 Vacant 199- la nd999 I 011-Oil I OE RHD-33 -33 3 -I No I 99 69 I 49%22 I I I 69 Marina Extraction on the 10 I I I I I market I I I 1 1 534 386385 ••• Now Cap,o;ty 1,.m I 1,03• I ,~1 I Source: City ofSeal Beach, LWC 22 Th is pe rcentage is based on the fact that the total parcel size i s 4.3 acres, but the parcel 's capacity has been discou nted to only include t he 3 acres, in addition to another 20 percent ca pacity reduction to conservatively esti mate capacity to account for land use controls. B-34 I City of Seal Beach Sites Inventory and Methodology AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY SUBMITTAL FORM: GENERAL PLAN • SPECIFIC PLAN • ZONING CODE 1. Name of City or County: City of Seal Beach 2. Contact Information -Name/Title Alexa Smittle, Community Development Director/Interim Assistant City Manager Agency: City of Seal Beach Address: 211 Eighth Street, Seal Beach, CA 90740 Phone/email: (562) 431-2527 ext. 1313; asmittle@sealbeachca.gov 3. Airport Planning Area(s): D John Wayne Airport D Fullerton Municipal Airport IZI JFTB -Los Alamitos 4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Zoning Code Update 5. Scheduled date of Planning Commission Choose month. Public Hearing: 9/15/2025 6. Tentative date of City Council/Board of Supervisors Public Hearing: 10/13/2025 7. Requested date of ALUC Review June 19. Complete submittals must be received by the first day of the month to be considered for the next meeting date. 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? □ No (skip items# 9-12). IZI Yes (continue below). 9. Does the item propose a change of land use within the IZl60 CNEL or D65 CNEL noise contours ofthe alrport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? □ No 181 Yes -Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? IZI No D Yes -Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? D No IZI Yes 13. Please indicate current 25-35 feet and proposed 5 stories (MC-RHD) maximum heights allowed. Continued on next page. Pag e 2 SUBMITTAL CHECKLIST: General Plan· Specific Plan • Zoning Code IZI Cover letter on City/County letterhead . IZI Completed Submittal Form. IZI Link to existing https://ecod e360 .com/43957730#43957730 and proposed ATTACHED General Plan Element, Specific Plan or Zoning Code for this submittal. IZI Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. 1Z1 Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). 1Z1 Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). IZI Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. IZI Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. IZI Attachment showing current and proposed noise policies/mitigation measures. IZI Explanation of how the General Plan, Specific Plan , or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones . See cover letter IZJ Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. IZJ Provide information regarding CEQA compliance. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https ://www.oca i r . com/a bout/administration/ai rport-govern a nee/ comm iss ion s/a i rport-l and -use ­ com miss ion/ Noise sensitive uses include but are not limited to community facilities such as : churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 I Phone: {949) 252-5170 A LUCinfo@ocair.com 06.04.24 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft B. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this zoning code. C. Relation to Other Regulations. The regulations of this zoning code shall not supersede any other regulations or requirements adopted or imposed by the city council, any board, commission, or city department, or any local, state, or federal agency that has jurisdiction by law over uses and development authorized by this zoning code. The regulations of this zoning code are minimum requirements. Where conflict occurs between the provisions of this zoning code and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. Notwithstanding the foregoing, if a conflict occurs between the requirements of this zoning code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply. D. Relation to Private Agreements. This zoning code shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this zoning code imposes greater restriction than imposed by an easement, covenant, or agreement, this zoning code shall control. E. Relation to Prior Code. The provisions of this zoning code supersede all prior zoning codes of the city. No provision of this zoning code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this zoning code and is in conformance with all other regulations and codes. F. Application During Local Emergency. The city council may authorize a deviation from a provision of this zoning code during a local emergency declared pursuant to Title 3: Administration, Chapter 3.25: Civil Defense and Disaster of the Seal Beach Municipal Code. The city council may authorize a deviation by resolution. (Ord. 1598) 11.1.05.030 Designation of Base and Overlay Districts. The city shall be classified into districts or zones, the designation and the regulations of which are set forth in this zoning code and as follows: A. Base and Overlay Zoning Districts. The city's base zoning districts and overlay zoning districts are set forth in Table 11.1.05.030: Zoning Districts. Table 11.1.05.030 Zoning Districts .Base Residential. zoning Di~(ricts • • G~neral Plan Designation lmplementl!d llY Zoning • Designation ··• • RLD-9 Residential Low Density - 9 Residential Low Density Page 8of61 Lisa Wise Consulting, Inc. City of Seal Beach Zoning Amendments -Public Review Droft RLD-15 Residential Low Density -15 Residentia l Low Density RMD -18 Re sidential Medium Density -18 Residential Medium Density RHO -20 Residential High Density -20 Residential Hi gh Density RHO -33 Res idential High Density -33 Residential High Density RHO -46 Residential High Density-46 Residential High Density Base Mixed Use, Commercial, and Industrial Districts L-C/RMD Limited Commercial/Residential Medium Density Mixed Use M C-RHO Mixed Commercial/Residential High Densiti Mixed Use MSSP Main Street Specific Plan Main Street Specific Plan PO Professional Office Professional Office SC Service Commercial Service Commercial GC General Commercial Genera l Commercial LM Light Manufacturing Light Manufacturing OE Oil Extraction O il Extraction Base Public and Semi-Public Districts PS Public and Semi-Public Facilities Community Faci lity and School RG Recreation/Golf Open Space -Golf Base Military, Open Space, and Park Districts MIL Military Military BEA Beach Beach OS-N Open Space Natural Open Space OS-PR Open Space Parks and Recreation Park Overlay District and Specific Plan Zone Regulations RC-0 Residential Conservation -Overlay All PUD Planned Unit Development Overlay All C/P Commercial/Park All CZ Coastal Zone All SPR Specific Plan Regulations All (Ord. 1598) 11.1.05.035 Official Zoning Map and District Boundaries. The boundaries of the zoning districts established by this zoning code are shown on the official map entitled "Zoning Map of the City of Seal Beach, California," a copy of which is on file in the city clerk's office. The official zoning map and all notations, references, and other informatio n shown thereon shall be incorporated by reference as if the matters and information set forth on such maps were fu lly described herein. (Ord. 1598) 11.1 .05.040 Constitutionality or Invalidity. If any section, subsection, clause, or phrase of this zoning code is for any reaso n held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of t~e remaining portions of this zoning code; it be i ng hereby expressly declared that the ordinance Page 9 of 61 Lisa Wise Consulting~ Inc. City of Seal Beach Zonfng Amendments -Publfc Review Draft codified herein and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 1598) Page 10 of 61 Lisa Wise Consulting, Inc. City afSeal Beach Zoning Amendments -Public Review Draft Chapter 11.2.10 COMMERCIAL AND MIXED-USE DISTRICTS (All Content Displayed) • 11.2.10.005 App licabi lity. • 11.2.10.010 Land Use Regulations. • 11.2.10.015 Development Standards. • 11.2.10.020 Review of Plans. 11.2.10.005 Applicability. The provisions of this chapter are app li cab l e to the foll owing zoning code district designations: LC-RMD: Limited Commercial/Residential Medium Density Zone. To all ow limited commercial and office uses in conjunction with res idential uses. M C-RHD: Mixed Commercial/Residential High Density Zone. To all ow resident-serv i ng. vi sitor serving. co m merc ial. and office uses in conj u nction w it h hi gh-density r esi den ti al uses . PO: Professional Office. To allow office, medical and related use s that may also serve as a buffer area between residentia l areas and more intensive commercial areas. MSSP: Main Street Specific Plan. To all ow visitor-serving and resident-serving office. retail. restaurant, and personal service uses with upper floors devoted to office uses along Main Street. SC: Service Commercial. To allow neighborhood-serving commercial areas that provide retai l. restaurant, and personal service u ses. GC: General Commercial. To allow sub-regiona l and regional centers of commercial activity and may include both pedestrian-and auto-oriented development. Other typic al uses are auto service stations, auto repair, and sa l es. (Ord. 1598) 11.2.10.010 Land Use Regulations. Tabl e 11 .2.10.010: Use Regulations-Commercial and Mixed-Use Districts prescribes the land use regulatio ns for commercia l and mixed-use districts. Th e regulations for each district are established by letter designations as follows: "P" Uses permitted as -of-ri ght that require no discretionary review if in compliance with all standards. "L" Uses permitted as-of-right subject to limitations r estricting location, size, or other cha racteristics to ensure compatibility with surround ing uses. Limitations are referenced by number designations listed at the end ofTable 11.2.10.01 O: Use Regulations-Commercial and Mixed-Use Districts. "M" Uses subject to a minor u se permit following discretionary review by the planning commission pursuant to Chapter 11.5.20: Development Permits. "C" Uses subject to a conditiona l use permit following discretionary review and public hearing by the planning commiss i on pursuant to Chapter 11.5.20: Development Permits . Page 20 of 61 Lisa Wise Consulting, Inc. City afSeal Beach Zoning Amendments -Public Review Draft Uses that ar e not permitted. The "Add itiona l Reg ul ations" co lumn i nc ludes spec ific r egu lations applicable to t he use classification, t hat are l ocated elsewhere in t his zo n ing code. Use cl assifications are defined i n Chapter 11.4.85: Use Classi fi catio ns. Use classifications not listed in Tabl e 11.2.10.0 1 0: Use Regulations-Comme rcia l and Mixed-Use District s ar e prohibited Table 1 1 .2.10.010 USE REGUL ATI ONS-CO MM ERCIA L A ND MIXE D-U SE D IS TRICTS LC/R MC-PO MSSP Additional Regul ations MD RHD SC GC Resident ial Use Types Single Unit Residential p L-1 See Section 11.2.10.01 5 and -----Section 11 .4.05.060 Secon d Un it ------- Two-U n it Residential p L-1---- (Duplex) - Multip le Unit Residential p .E -L-1 -- Fami ly Day Care Smal l Fam ily p p ---- Large Family C C C -C C See Section 11.4.05.045 Emergenc~ Sh elter -p - --- Group Housing -.E C --- Sen i or Citizen Housing -.E -- -- Commercial Marij uana See Section 11.4.100.01 0.A and C; and --- -- - Uses -Section 5.70.025 Marijuana-Outdoor See Section 11 .4.1 00.01 0.B; and Cu lt ivation -------Section 5.70.025 Marij uana-Indoor Cu lt ivation at Private See Section 11.4.100.01 0.C.1 and C; and Residence (legal ly L-7 L-7 L-7 L-7 L-7 L-7 nonconforming private Section 5.70.025 residence) Publ ic, Semi-Public, a nd Service Use Types Clu bs and Lodges -[ --C C See Section 11.4.05.080 Community Center C [ C -C C Community Social -.c. C -C C Service Faci lities Cultural Institutions -C C -C C See Section 11.4.05.080 Day Care Center C C C -C C See Secti on 11.4.05.045 Government Offices M M M M M M Hospitals and Cl in ics Hospitals --C -C C Clin ics -.c. C -C C Page 21 of 61 Lisa Wise Consulting, Inc. City ofSeo/ Beach Zoning Amendments -Public Review Draft LC/R MD M C- RHD PO MSSP SC GC Additional Regulations Pa r k and Recr eation Facilit ies p !: p p p p Parking Fa cil ities, Public C r C C C C See Chapter 11.4.20 Publ ic Safety Facilities M M M M M M Rel igious Facil it ies ---C -C C Resident ial Care Fac ili ties See Section 11 .4.05.1 05 Re sidential Care, General -!: C -C C Residential Care, Limited p .e. C -C C Reside ntial Ca r e, Senior -.e. C -C C Sc hools, Pri v at e C r C -C C See Se ct ion 11.4.05.080 Co mme rcial Marijuana Uses -------See Section 11.4.100.0 1 0 .A and C; and Secti on 5.70 .025 Marijuana-Outdoor Cult iv atio n -------See Sectio n 11.4.100.01 0.B; and Sect ion 5.70.025 Marijuana-Indoor Cult ivation at Private Res idence (lega lly nonconform ing pri vate residence) L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.01 0.C.1 and C; and Section 5.70.025 Commercial Use Types Adu lt Business Estab lishments ------p See Chapter 11 .4.50 Anima l Sales and Services -M -M M M Artists' Stud ios p J: p p p p AutomobileNehicle Sales and Services Automobile Rentals ----M M AutomobileNehicle Sa l es and Leasing ------p Auto m obileNeh icle Service and Repair, Major -----C C See Secti on 11.4.05.040 Automobile Service Stati onsNehi cle Service and Repair, Minor -----C C See Section 11.4.05.035 Automobile Washing -----M M Large Ve hicle Sales, Servi ces and Rental ------A Bakery L-4 L-4 -L-4 L-4 L-4 Ba nks and Other Fina ncial Instit utions -!: p p p p Page 22 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft LC/R MD MC- RHO PO MSSP SC GC Additional Regulations With Drive-Through Facilities ---C C C C See Section 11.4.05 .050 Automated Teller Machines (ATMs) -M M M M M See Section 11.4.05.030 Building Materials and Services ------C Business Services p 1: p L-2, L-3 p p Commercial Recreation Large-scale -b --C C Small-scale -M --M M Eating and Drin king Estab li shments Bars -r -C C C Coffee House/ Dessert Shop -1: -P; L- 5; L-6 p p Restaurants, Fast Food -r --C C See Section 11.4.05.050 Restaurants, Full Service -b -P,C P, C P,C See Section 11.4.05.01 5 Restaurants, Limited Service -1: -p p p See Section 11.4.05.01 5 Restaurants, Take Out Only -1: -p AM M With Drive-Through Faci lities -----C C See Section 11.4.05.050 With Outdoor Eating Areas -M -M ,C M ,C .M, C See Section 11.4.05.090 Extended Hour Business C b --C C See Section 11.4.05.055 Food and Beverage Sales Catering Services -.e. ---p Convenience Market -1: --P, C P, C See Section 11.4.05.015 Genera l Market -1: -P,C P,C P,C See Section 11.4.05.01 5 Liquor Stores -b -C C C See Section 11.4.05.070 Funeral Parlors and Mortuaries ------p Home l mprovernent Sa les and Services ------C See Sections 11.4.05.090 and 11 .4.05.140 Hotels and Motels ------C Kennel -----C C Kiosks -----M M See Secti on 11.4.05.065 Laboratories ---p L-2, L-3 p p Maintenance and Repair Services p 1: --p p Page 23 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft LC/R MD M C- RHO PO MSSP SC GC Additional Regulations Massage Establishment p .!: p L-2, L-3 p p See Chapter 5.45, Massage and Massage Establ ishments Commercial Marijuana Uses -------See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana-Outdoor Cultivation -------See Section 11.4.1 00.01 0.B; and Section 5.70.025 Marijuana-Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.01 0 .C.1 and C; and Section 5.70.025 Offices, Business and Professional p .!: p L-2, L-3 p p Wa l k-in Clientele p .!: p L-2, L-3 p p Offices, Medical and Denta l p .!: p L-2, L-3 p p Parking Facilities, Commercial ----C -C See Chapter 11.4.20 Personal Services p .!: p p p p Retail Sales p .!: -p p p See Section 11.4.05.090 Large Format -----p p See Section 11 .4.05.140 Smoke Shop -----C C See Chapter 5.75 Tattoo Estab lishments ------C See Chapter 11.4.65 Theaters ----C -C Light Manufacturing Use Types Contra ctors' Yards ------- Handicraft/C ustom Manufacturing p .!: p p p p Industry, Limited ------ Industry, General ------ Warehousing and Storage ------------ Commercial Marijuana Uses -------See Section 11.4.100.010.A and C; and Section 5.70.025 Ma ri juana-Outdoor Cultivation -------See Section 11.4.100.01 0.B; and Section 5.70.025 Marijuana-Indoor Cu ltivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.01 0.C.1 and C; and Section 5.70 .025 Indoor Commercial Storage ------- Outdoor Storage ------ Persona l Storage ------- Page 24 of 61 Lisa Wise Consulting, Inc. City of Seo/ Beach Zoning Amendments -Public Review Draft LC/R M C• PO MSSP SC GC Additional Regulations MD RHD trransportation, Communication, and Utility Use T rpes Wireless Communication See Chapter 11.4.70Facilities Antennae and C .k C C C CTransmission Towers Satellite dishes less p £ p p p p than 79" in diameter Recycling Facilities See Section 11.4.1 0.025 Recycling Collection --- - C CPoint - Recycling Processing -----CFacility - Reverse Vending p £ p p p p Machines Utilities, Major Hazardous Waste C See Chapter 11 .4.60 Facility ---- -- Utilities, Minor p p p p p p Agriculture Use Types Nurseries ----p p p Commercial Marij uana See Section 11.4.100.010.A and C; and ------Uses -Section 5.70.025 Ma r ijuana-Outdoor See Section 11.4.100.010.B; an d ------Cul t ivation -Section 5.70 .025 Marijuana-Indoor Cultivation at Private See Section 11.4.100.01 0.C.1 and C; and Residence (l egally L-7 L-7 L-7 L-7 L-7 L-7 Section 5.70.025 nonconforming private residence) Other Applicable Use Regulations Accessory U se See Se ct i on 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L-1 Permitted if an existing use; new u ses are prohibited . See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. L-2 Not all owed on the ground fl o or al ong Main Street w ithout a conditional use permit; allowed on side streets as a permitted use. L-3 If on t he ground fl oor along Ma i n Street permitted if an existi ng use; new uses are prohibited. Se e Chapter 11.4.40: Nonco nforming Uses, Structures, and Lots. L-4 Bakery production so ld at retai l on-premises. L-5 Permitted use if l ess than 1,000 square feet and less than 10 seats . L-6 Minor use permit req uired if 1,000 sq uare feet or more and 10 seats or m ore. Page 25 o f 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zon ing Amendments -Public Review Draft L-7 Limited to indoor ma rijuana cu ltivati o n of no more than 6 live marijuana plants fo r personal use, to be planted, cu ltivated, harvested, dried, or processed withi n a si ngle private res idence or ins i de an accessory structure located upon the grounds of a private re sidence that is fully enclosed and secured and conducted in accordance w ith Section 5.70.025 of Chapter 5.70. (Ord. 166~Ord. 1638;Ord. 1630;Ord. 16 1~Ord . 1598) 11.2.10.015 Development Standards. Table 11.2.10.015: Development Standards-Commercial and Mixed-Use Distr icts prescribes the development standards for t he commercial and mixed use districts. The "Add itiona l Regu lations" co lumn indi cates more detailed exp lanations or regu lations that follow the tabl e (by letter designation) or that are located el sew here in this zoning code. Table 11.2.10.015 DEVELOPMENT STANDARDS-COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD M C-RHO PO MSSP SC GC Additional Regulations Lot Size and Density Minimum Lot Size (sq . ft.) 2,500 5,000 7,000 2,750 7,000 10,000 Maximum Floor Area Rat i o 0.90 0.90 ---- Res i dential Densitl,' (du/ac} -- Mi n. 40 , Max. 46 --------.(.61 Ma ximum Residential Den sity -lot area per unit (sq . ft.) Base Density 2,500 ------(A) Density for Mixed Use Devel opment 2,000 ------(A) Den sity -Affordable Housing Bo nus See Additional Regulations See Chapter 11 .4.55: Affordable Housing Bonus Building Form and Location Maximum Building Height (ft.) 35 Max . 5 st ories 35 25, max. 2 stories 35 35 (B) Building Setback on Street Frontages va ries varies va ries varies va r ies va ries (C) Minimum Yard Requ irements Interior Side va rie s varies varies varies varies varie s (C)J.!J Rear va ries va r ies varies varies va ries va ri es (C)J.!J Building Transition Zon e Adjacent to R Districts Yes Yes (D) Landscaping and Pub li c Open Space Public Open Space Yes Yes (E) Minimum l ot area to be landscaped 5% 10% 10% 0% 10% 10% See Chapter 11.4.30: Landsc aping and Buffer Yard s Page 26 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft LC/RMD M C-RHO PO MSSP SC GC Additional Regulations Minimum required front 60% 25% - - - -yard area to be lan dscaped Maximum paving in street-60%-- ---facing :iards ----- Limitations -Lo ca t ion of Yes (F)Parking Limi tations on Curb Cuts Yes (G) Limitations -Location of T ru ck Docks; Loading and Yes (H) Service Areas Off-Street Parking and See Chapter 11 .4.20 : Yes Off-Street Parking Loading and Loading Reduced Parking See Chapter 11 .4.20: Yes Off-Street Parking Requirements and Loading Building Design Building Orientatio n Yes (I) Design Pro vi sions -Yes -Yes --uue.1 ~pecial Requirements for Residential Development Open Space (sq. ft. per unit) 100 · ---- - -(K) Private Open Space {sq ft Min. 48 .LJSl-- -- -per unit) -- --- M in . 15 p er u ni t Common Open Space {sq ~ or 400 -total. ----.LJSl per u n it) ---- - wh ich - ever is greater Side and Rear Yard Yes Yes (L)----Setbacks Maximum Heigbt of 2 .(Q)Downsl ope Skirt Wall {ft) Other Applicable Development Standards Cons istency with Council Adopted Des ign Guidelin es, (M)Area Plan s, or Speci fic Plans Pe destrian Access to Buildings Setback from the (N) Street Projections into Required (0)Yards Gene ral Site Sta nd ards >ee Cha pter 11 .4.1 O: General Site Sta n dards Fencing ;:,ee Chapt er 11 .4.15: Fenc es , Hedges, and Walls Page 27 of 61 Lisa Wise Consulting, Inc. City of Seal Beach Zoning Amendments -Public Review Draft .· . . .• •.. ... .. L~IR.MDl·1·1MC.•lt.H~{·•. PC> SCI MSSP I. ·.• .,' ' ,· ,-. .:· ' ·.• Ge ilAddit.io.""' .•..•.· • Regulations ' Parking and Loading ee Chapter 11.4.20: Off-Street Parking and Loading Signs ,ee Chapter 11.4.25: Sign Regulations Landscaping and Buffer Yards t;ee Chapter 11.4.30: Landscaping and Buffer Yards Coastal Development Permit t;ee Chapter 11.4.35: Coastal Development Permit Nonconforming Structures and Lots t;ee Chapter 11.4.40: Nonconforming Uses, Structures, and Lots A. Maximum Residential Density/Development Standards. 1. Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixed-use projects shall be in addition to floor area ratios permitted for commercial uses in Table 11.2.10.015, above, within the limits of all required yard, height and other developments standards. a. FAR for Nonresidential Development. The FAR for nonresidential development in the LC-RMD District is set forth in Table 11.2.10.015.A: Nonresidential FAR-LC-RMD District. Table 11.2.10.015.A NONRESIDENTIAL FAR-LC-RMD DISTRICT 5,000 sq. ft. or less 0,90 More than 5,000 sq. ft. 0.75 -minimum 4,500 sq. ft. 2. Density Bonus for Mixed Use Projects. See Chapter 11 .4.55: Affordable Housing Bonus regarding allowable density bonus programs. 3. Residential Development Standards. The residential development standards for the LC- RMD district are as follows. a. Mixed Use Project. May only be located on the second floor in compliance with all applicable requirements of this chapter. b. Residential Project. A residential development shall comply with all other applicable development standards for the RHD-20 district. 13. Bu!lding Height. Building height requirements are set forth in Table 11.2.10.015.B: Building Height-Commercial and Mixed-Use Districts. Table 11.2.10.015.B BUILDING HEIGHT-COMMERCIAL AND MIXED-USE DISTRICTS LC-RMD District Page 28 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft Lots less than 37.5 feet in width 30 feet Lots greater than 37.5 feet in width Front ½ of lot 25 feet, 2-story maximum Rear½ of lot 35 feet, 3-story maximum M C-RHD Within Co2stal Zone 50 feet; 4 stories maximum Quts ige Coast2I ZQn~ 65 feet; 5 stories maximum PO District District I 30 feet District II 35 feet MSSP District 25 feet, 2-story maximum SC District District I 30 feet, 3-story maximum District II 35 feet, 3-story maximum 1. Additiona l Height. Additiona l height may be allowed at specific locations designated in design gu idelines, planned unit developments, or specific plans adopted by the city council. 2. Accessory Commercia l Structures. Accessory commercial structures shall not exceed 15 feet in height. See also Section 11.4.05.01 0: Accessory Business Uses and Activities. 3. Fl ood Zone Heights. In specia l flood hazard zones as defined in Title 9: Public Property. Public Works and Building Regu lations, Chapter 9.4 5: Floodplain Management, the maximum building height is increased by the increase in elevation required to reach the base flood elevation . C. Building Setbacks. Building Setbacks from street and alley frontages and interior l ot lines are set forth in Tabl e 11.2.10.015.C.1: Building Setbacks from Street Fronta ges -Commercial and Mixed­ Use Districts, Table 11.2.10.015.C.2: Building Setba c ks from Alleys -Commercial and Mixed-Use Districts, and Tab le 11.2.1O.Q15.C.3: Building Setbacks from Interior Lot Lines-Commercial and Mixed-Use Districts. Table 11.2.10.015.C.1 BUILDING SETBACKS FROM STREET FRONTAGES-COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Street Frontage Building Setback LC-RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum M C-R HD Street-facing 10 ft minimum; 15 ft maximum Street-facing wh er e directl~ across from an LRD-9 1 5 ft minimum di strict PO District District I 10 feet minimum Page 29 of 61 Lisa Wise Consulting, Inc. City of Seal Beach Zoning Amendments -Public Review Draft Side Street 15% lot width; 3 foot minimum; 1 O foot maximum District II 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0feet sc District District I O feet District II 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I O feet District II 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum Table 11.2.10.015.C.2 MINIMUM BUILDING SETBACKS FROM ALLEYS-COMMERCIAL AND MIXED-USE DISTRICTS c:,fojmefoial'Distritt ' ,'c ; ' ..\ .. •.• •• ·. . >·. ' ·,·11Aifli111ur:o ~~du1cik Dlstanc:~froitl'All~y • it '.. LC-RMD District Commercial Structure Rear Alley 22 feet Side Alley 4feet Residential Structure (includes garage) 15 foot wide allev 9 feet 12 foot wide allev 12 feet 13 foot wide alley 11 feet Second Storv and Above May encroach½ the required first floor setback PO District District I 15 foot wide rear alley 9 feet 12 foot wide rear alley 12 feet 13 foot wide rear alley 11 feet Side alley 4feet District II Rear allev Ofeet Side alley Ofeet MSSP District Rear Alley 22 feet Side Alley 4feet SC District District I Rear alley 22 feet Side alley 4feet District II Rear alley 4 feet Page 30 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft Side alley 4feet GC District District I Rear alley 22 feet Side alley 4feet District II Rear alley 4 feet Side alley 4 f eet District VI Rear alley 4 feet Side alley 4 feet Table 11 .2.10.015.C.3 BUILDING SETBACKS FROM INTERIOR LOT LINES-COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Setback Distance from Interior Lot Lines LC-RMD District Commercial Structure 0 feet Residential Structure (includes garage) 3 feet m in imum, 10 feet maximum MC-RHD District Side tard 3 feet m in im u m ;, 15 feet maximum Rear tard 6 feet m in i mum PO District District I Side yard 10% l ot width; 10 fee t maximum Rear yard 10 feet minimum District II Sid e yard 10% lot width; 15 feet maximum Rear yard 18 feet minimum MSSP District Side yard O feet Rear yard 10% lot width; 10 feet maximum SC District District I Side yard 0 feet Rear ya rd 10% lot width; 5 fee t minimum, 10 feet maximum District II Side ya rd 0 feet Rear yard 6 f eet m i nimum GC District District I Side yard O f eet Re ar yard O feet District II Side yard o f eet Rear yard 6 feet minimum District VI Page 31 of 61 Lisa Wise Consulting, Inc. City ofSeal Beach Zoning Amendments -Public Review Draft Side yard 10 % lot width; 10 feet maximum Rear yard 18 fee t minimum 1. Building Setbacks and Landscaping Adjacent to Front Property Line. a. LC-RMD and MSSP Distri cts. Buildings in the LC-RMD and MSSP districts shall be located between zero and 1 o feet from property lines facing a street, for at least 80% of the linear street frontage of the property. See Figure 11.2.10.015.C.1.a: Building Setback on Streets-LC-RMD and MSSP Districts. Up to 25% of the area between th e pr operty line and the building may be landscaped, subject to the following standards; all other setback areas shall be paved for public use. i. Landscaping along the building frontage shall not exceed a depth that prevents pedestrian access up to building windows or detracts from a pedestrian street frontage, generally 2 feet. ii. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged. b.,_ MC-RHD District. Bui ldings in the MC-RHD district shall be l ocated between zero and 10 feet from property lines facing a street. for at least 80% of the linear street frontage of the property . All r equired front setbacks except for areas used for exit and entry shall be landscaped. subject to the fol.lowing standards: i. Native trees 15-gall on i n size shal l be planted no more than 25 feet on center. Whe re possible. tress sha ll be planted i n the same configuration as the street trees to create a co lonnade along the sidewa lk. ii. Shrubs at least 5-gallon in size shal l cover at min i mum 30% of required landscape area . iii. At-grade landscaping and landscaping in raiser planters shall be designed and located to punctuate bui lding entrances and ground level windows and to create strong edges for p lazas . patios. courtyards. and pathways. iv. Tree species shall be se lect ed to minimize shedding of flowers. fru it. or other deb ris over the r ight-of-way. Where trees do shed debris. the area must be maintained and kept clear of hazards. v. All paving in required setback areas shall be either permeab le or pervious. b h_PO Distri ct. Buildings in the PO dist rict shall be located between zero and 1 O feet from property lines facing a street and for at least 70% of the l inear street frontage of the property. See Fi gure 11.2.10.015.C.1.b: Building Setback on Streets-PO District. In the PO district, the area between the property line and th e building shall be land scaped, except for pedestrian access walkways. Page 32 of 61 ~, i L4l \, / ~✓ ~\\,~/< 1/~ '~',\ ' .[ ~ SC I ~ ~ zoning Map ~ (LEISURE WORLD) Proposed Changes to Seal Beach Plaza Site 1. Revise SC to MC/RHO Legend 2. Revise GC to MC/RHO -FREEWAY ZONING D <all other valu es> Type c::J RLD -9 (Residential Low Density-9) D RLD-15 (Residential Low Density-15) ~ RMD-18 (Residential Medium Density-18) LJ RHD-20 (Residential High Density-20) RHD-33 (Residential High Density-33) LJ RHD-PD (Residential High Density-Planned Development} -RHD-46 (Residential High Density-46) [_J LC/RMD (Limited Commercial/Residential Medium Den si ty) -MSSP (Main Street Specific Plan} -PO (Professional Office} -SC (Service Commercial) -GC (General Commercial) -LM (Light Manufacturing} -OE (Oil Extraction) -PS (Public and Semipublic Facil ities} LJ RG (Recreation/Golf) D M IL (Military} W BEA (Beach} -OS-N (Open Space Natural) -OS-PR (Open Space Parks and Recreation) I SPR (Specific Plan Regulation} 4 ,, Zoning Map (OLD TOWN & BRIDGEPORT) ~L.lJ...LUJ../ ~ Proposed Changes: 1. Change zoning (99 Marina Dr) from OE to RHD-33 .,,L: ~ 2. Change zoning (Seal Beach Legend Center) from SC to MC/RHO-FREEWAY ZONING CJ <all other va lues> Type D RLD-9 (Residential Low Density-9) D RLD-15 (Residentia l Low Density-15) D RMD-18 (Resident ial Medium Density-18) D RHD-20 (Res id en tial High Density-20) LJ RHD-33 (Res idential High Density-33) D RHD-PD (Residential High Density-Planned Development ) -RHD-46 (Res id ential High De nsity-46) D LC/RMD (Limited Commercial/Residential Medium Density) -MSSP (Main Street Specific P lan) -PO (Professional Office) -SC (Service Commercial ) -GC (General Commercial) -LM (Lig ht Manufacturing) -OE (Oil Extraction) -PS (Public and Semipublic Facilities) CJ RG (Recreation/Golf) D MIL (Military) W BEA (Beach) -OS-N (Open Space Natural) -OS-PR (Open Space Parks and Recreation) i]t:'.'.:J SPR (Specific Plan Regulation) ea~~~ r1 .. (MARINA HILL, HELLMAN RANCH 1. Revise (Accurate Storage) IIIL Map prepared J~ne, 201 O I__/) 0 ~) cw ~ ./ Zoning Map~ -"' & BOEING FACILITY) Proposed Changes: RHO-20 to MC/RHO Legend 2. Revise (Seal Beach -FREEWAY Center) SC to MC/RHO ZONING D <all other values> Type D RLD-9 (Residential Low Density-9) D RLD-15 {Residential Low Density-15) LJ RMD-18 (Residential Medi um Density-18) D RHD-20 (Residential High Density-20) □ RHD-33 (Residential High Density-33) D RH D-PD (Residential High Density-Planned Development) -RHD-46 (Residential High Density-46) D LC/RM□ (Li mited Commerci al/Residential Medium Density) -M SSP (Main Street Specific Plan) -PO (Professional Office) G SC (Service Commercial) -GC (General Commercial) -LM (Light Manufacturing) -OE (Oil Extraction) -PS (Public and Semipublic Facilities) D RG (Recreation/Golf) CJ MIL (Military) ~ BEA (Beach) -OS-N (Open Space Natural) -OS -PR (Open Space Parks an d Recreation) £ . I SPR (Specific Pla n Regulation) ~ Zoning Map (ROSSMOOR CENTER) Proposed Changes: 1. Revise (Old Ranch Town Center and Rossmoor Center)' GC to MC/RHO Legend -FREEWAY ZONING D <all other values> TypeLJ RL D-9 (Residential Low Density-9) D RL D-15 (Residential Low Density-15) RMD-18 {Residential Medium Density-18) LJ RHD-20 (Residential High Density-20) -RHD-33 {Residential High Density-33) LJ RHO-PD (Residential High Density-Planned Development) -RHD-46 (Residential High Density-46) I I LC/RMD (Limited Commercial/Resi dential Medium Density) -MSSP (Main Street Specific Plan) -PO {Prof essional Office) -SC {Service Commercial) -GC {Gener al Co mmerci al ) -LM {Light Manufacturing) -OE (Oil Extraction) -PS {Public and Semipublic Facilities) D RG {Recreation/Golf) D MIL {Military) ~ BEA (Beach) -OS-N (Open Space Natural) -OS-PR (Open Space Parks and Recreation) SPR (Specific Plan Regulation) llTTTT1ll [IT]]JI)D.llJ'~fIID []JI]~,, ~ : -[[]] ~ umamrrm ~ § mournffiB I;.DIDamffi1lWTIITOJIII[ I§ ~DIC OII]illIJ ' I ~EElEfEB I OJ][III][ill] [Il]WillJJOIIJITTDOTIJ[II[] -·· ----'b ffi ,.-m JI / ./ j Y ~ ~ ~ IfJr] $ a__w , RG ~' /r---- 6 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY SUBM.ITTAL FORM: GENERAL PLAN • SPECIFIC PLAN • ZONING CODE 1. Name of City or County: City of Seal Beach 2. Contact Information -Name/Title Alexa Smittle, Community Development Director/Interim Assistant City Manager Agency: City of Seal Beach Address: 211 Eighth Street, Seal Beach, CA 90740 Phone/email: (562) 431-2527 ext. 1313; asmittle@sealbeachca.gav 3. Airport Planning Area(s): □ John Wayne Airport D Fullerton Municipal Airport IZI JFTB -Los Alamitos 4. Item being submitted for review (submit each item separately): Specific Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: Main Street Specific Plan 5. Scheduled date of Planning Commission Choose month. Public Hearing: 9/15/2025 6. Tentative date of City Council/Board of Supervisors Public Hearing: 10/13/2025 7. Requested date of ALUC Review June 19. Complete submittals must be received by the first day of the month to be considered for the next meeting date. 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? D No (skip items# 9-12). IZI Yes (continue below). 9. Does the item propose a change of land use within the D60 CNEL or D65 CNEL noise contours of the airport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? D No l8J Yes -Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? IZl No D Yes -Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? IZI No D Yes 13. Please indicate current 25 feet and proposed NO CHANGE maximum heights allowed. Continued on next page. Page 2 SUBMITTAL CHECKLIST: General Plan· Specific Plan • Zoning Code IZI Cover letter on City/County letterhead. IZI Completed Submittal Form. IZI Link to existing https://www.se albeachca.gov/Departments/Community­ Development/Pl anning-Development/Specific-Plans LINK LEADS TO WEBPAGE, YOU MUST CLICK ON MAIN STREET SPECIFIC PLAN and proposed ATTACHED General Plan Element, Specific Plan or Zoning Code for this submittal. IZI Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. IZI Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). IZI Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). IZI Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. IZI Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. IZI Attachment showing current and proposed noise policies/mitigation measures. IZI Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. See cover letter IZI Describe height and density changes in cover letter and attach pages of General Plan , Specific Plan and/or Zoning Code where maximum heights are specified. IZI Provide information regarding CEQA compliance. *For airport planning/notification area s, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.ocair.com/about/admin ist r ation/airport-governance/commissions/a irport-land-use­ comm i ss ion / Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 I Phone : (949} 252-5170 ALUCinfo@ocair.com 06.04.24 Main Street Specific Plan City of Seal Beach July 1996 Amended December 2024 establishment does not exceed 1,000 sq . ft (See subparagraph (14) for additional information regarding permitted outdoor accessory uses under the Outdoor Program); 3) Financial institutions; 4) General retail businesses such as grocery store, furniture store, etc.; 5) Horticultural Nursery ; 6) Medical offices and laboratories facing Main Street or Ocean Avenue; 7) Medical offices and laboratories not facing Main Street or Ocean Avenue; 8) Prescription pharmacies; 9) Professional offices facing Main Street or Ocean Avenue (2 nd floor and above only); 10) Professional offices not facing Main Street or Ocean Avenue; 11) Service businesses dealing directly with consumers ( dressmaker, nail shop , tailor, etc); 12) Accessory buildings and structures; and 13) Other similar uses when determined by the Planning Commission to be consistent with the Main Street Specific Plan and compatible with other permitted uses within the zone. 14) Outdoor uses under the Outdoor Program including administrative approval of Outdoor Uses Permit and encroachment permit (See Policy 4.5 for additional information and requirements). 15) Residential uses , second floor and above only. B. Uses Subject to Issuance of a Conditional Use Permit 1) Automatic ice vending machines; 2) Coffee houses, dessert shops and similar establishments with seating for more than 10 customers and the gross square footage of the establishment exceeds 1,000 sq. ft; 3) Coin operated amusement machines as a secondary use; 4) Commercial activities operating between the hours of2:00 a.m. and 6 :00 a.m .; 5) Entertainment cafes; Main Street Specific Plan 9 Zucker Systems Urang, (I) I> <( I .:,(. I I'" ~ -I ... u .__ ,- Chapman• I California State V, ,..Univeisity long ~• V, -~ >Beach ~ ~ ;, '-:­ .:::.."'' ' :, tion II 22 ~ ' ,' 182 .4 G~ 200.0' 250.0'I / I lroq->0 / 300.0 /Marine Stadium 1 350.0 / 400.0 350.0 450.0 ~ 7.l'd St suo .o 532.4 400.0 ' ' '\ ,. _,,_,, ' ' ' ,. ,Ba}' ,,.5 00.0 ' ,. ' Skylab Rd,, ' I ' ~ 5324 ... 'Jt ,5 1 VI ~ ,'a.ch -0 '" , ,Main Street Specific Plan .. D.. Cl ,.. C: ,·;: ,Los Alamitos JFTB Noise Contours .... a. ,~treet,. . ...... V>#,~~ '· ,., .. Los Alamitos JFTB Obstruction Contours , , Mel-···ci Pla m -· , .. , #·, .. .. .. .. .. .. Los Alamitos JFTB Notification Area .. i:~~ City Boundary ' \ .. .. .. --.... -I- - -~ •• '•" · --'-~-. -- - • 1 N'., -~At •-=-.; -:. -• -•~ t::1-mg-e-r•Ave-:. ":' ---·--• -• -•' ,, ,, ~ ~---------,~. . , ,,' .,_., ' .........;, A ' ..,...... 0 0.5 Miles Scale: 1 :40,000 Heil Ave ITEM K: Notice of Intent to Overrule ALUC’s Finding of Housing Element, Zoning Code Amendment and Main Street Specific Plan Inconsistency City Council September 8,2025 Tonight’s Action •Notification Step (In a two-step process) •No Decision is being made tonight Background •ALUC Meeting – August 7, 2025 •ALUC found Housing Element and related amendments inconsistent with the Airport Environs Land Use Plan (AELUP) •ALUC’s Determination Letter did not provide written findings on the determination. Recommendation •Adopt the Resolution to provide the 45 -day notification to ALUC and Caltran’s Division of Aeronautics that City Council will consider overruling ALUC’s determination of inconsistency •No Decision on Overrule is being made tonight