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Agenda Packet 2025-10-13
:oF SE'at`Q�,, AGENDA It �cQtr�oRN�P- MEETING OF THE CITY COUNCIL Monday, October 13, 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 BEN WONG COUNCIL MEMBER Second District JOE KALMICK COUNCIL MEMBER First 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. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS • County of Orange Updates from Supervisor Nguyen 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 — None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 22, 2025. B. Demand on City Treasury (Fiscal Year 2026) - Ratification. C. Second Reading and Adoption of Ordinance 1720 - That the City Council conduct second reading, by title only, and adopt Ordinance 1720 titled "An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City's Cross - Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act" D. Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc. - That the City Council adopt Resolution 7699: 1. Approving Amendment 1 to the Professional Services Agreement for continued temporary staffing services with Sagecrest Planning and Environmental authorizing a four-month term extension through and including June 30, 2026, and an increase in compensation of $209,000 for a revised total not -to -exceed amount of $250,000 for the term; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. E. Approving and Authorizing the Transfer of the Public Works Superintendent Classification to the Mid -Management and Confidential Employees Association Bargaining Unit - That the City Council adopt Resolution 7700: 1. Approving the transfer of the Public Works Superintendent classification's bargaining unit from the Seal Beach Supervisors & Professionals Association to the Mid -Management and Confidential Employees Association, retroactive to June 23, 2025, coinciding with the date of reclassification; and, 2. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING F. Second Reading and Public Hearing of Ordinance 1719 - That the City Council: 1. Waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and, 2. Adopt Resolution 7696, a Resolution of the City Council of the City of Seal Beach, California, Adopting Findings to Support Local Amendments to the 2025 California Building Standards Code Based on Local Climatic, Topographical, and Geological Conditions. UNFINISHED / CONTINUED BUSINESS G. Approval of a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services and Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services and for the Lampson Well Treatment System Project, CIP WT1902 - That the City Council adopt Resolution 7701: 1. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Lampson Well Treatment System Project CIP WT1902 for the term extending from October 13, 2025, through June 30, 2028, in the not -to -exceed amount of $494,722, and rejecting all other proposals; and, 2. 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, 3. 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, 4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project. NEW BUSINESS H. Revised Pay Scale for Marine Safety Part -Time Lifeguard Employees - That the City Council adopt Resolution 7702: 1. Amending the Pay for Part - Time Marine Safety City Employees; and, 2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and, 3. Removing the Swim Instructor and Assistant Pool Manager classifications; and, 4. Approving Budget Adjustment #26-04-01. ADJOURNMENT Adjourn the City Council to Monday, October 27, 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 @CITYOFSEALBEACH @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACHPOLICEDEPARTMENT 015 FOLLOW US ON INSTAGRAM @ CITYOFSEALB EACH CA @SEALBEACH_LIFEGUARD @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS @K9YOSA @K9.SAURUS Q FOLLOW US ON TWITTER/X @SEALBEACHCITYCA U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 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 Closed Session and Regular City Council meeting held on September 22, 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 Closed Session and Regular City Council meeting held on September 22, 2025. Agenda Item A SUBMITTED BY: NOTED AND APPROVED: Gloria Q Yfarper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session, September 22, 2025 B. Minutes - Regular Session, September 22, 2025 Page 2 Seal Beach, California September 22, 2025 The City Council met in Closed Session at 5:38 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, City Manager Barbara Arenado, Finance Director/ City Treasurer Brandon DeCriscio, Deputy City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speaker: Patty Campbell. Mayor Landau closed oral communications. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL— Existing Litigation Pursuant to Paragraph (1) Of Subdivision (D) Of Government Code Section 54956.9; Name of Case: In Re: National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17 -Md -2804. B. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Pursuant to Paragraph (1) Of Subdivision (D) Of Government Code Section 54956.9; Name of Case: In Re: Purdue Pharma, L.P., Et Al. U.S. Bankruptcy Court for the Southern District of New York, Case No. 19-23649 (Shl). C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): 1 Potential Case D. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager Patrick Gallegos Employee Organization (s): Orange County Employees Association ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:45 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Lisa Landau, Mayor Attested : Gloria D. Harper, City Clerk Seal Beach, California September 22, 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 Barbara Arenado, Director of Finance Craig Covey, Orange County Fire Authority Division 1 Chief Iris Lee, Director of Public Works Kathryne Cho, Deputy Director of Public Works Sean Low, Deputy Director of Public Works Shaun Temple, Interim Director of Community Development Joe Bailey, Marine Safety Chief Brandon DeCriscio, Deputy City Clerk Mike Ezroj, Police Captain Nick Nicholas, Police Captain Brian Gray, Emergency Services Coordinator Tim Kelsey, Recreation Manager David Spitz, Associate Engineer Megan Coats, Management Analyst PRESENTATIONS / RECOGNITIONS • Food Safety Awareness Month Proclamation — September 2025 • Preparedness Month Proclamation — September 2025 • Service Dog Month Proclamation — September 2025 • Fire Prevention Week Proclamation — October 5-11, 2025 ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: James Jenson, Catherine Showalter, Charlie Kluger, Theresa Miller, and Matthew Terry addressed the City Council. Mayor Landau closed oral communications. Six (6) 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 Mayor Landau moved, second by Council Member Wong, to approve the agenda. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the three (3) items on the posted agenda. All five (5) Council Members were present. On items A and B, the City Council authorized the City Manager's office to enter into a settlement agreement with eight (8) unnamed opioid pharmaceutical manufacturers and another settlement agreement with Purdue Pharma. The vote for both items was 5-0. CITY MANAGER REPORT City Manager Gallegos announced his attendance at the Orange County Fire Authority 9/11 Day of Remembrance Ceremony, the Seal Beach Chamber of Commerce Installation Dinner, and the Memorial Paddle Out for Connor Lees. He noted that a new flagpole was installed at the end of the pier in Connor's honor. Additionally, City Manager Gallegos reported that the Aquarium of the Pacific released a green sea turtle back into the ocean. He emphasized the importance of the San Gabriel River Trash Mitigation Initiative. COUNCIL COMMENTS Council Member Wong reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony, the College Park West (CPW) Preserve Group Landscaping Volunteer Day, the Chamber of Commerce meeting, the Leisure World Golden Age Foundation Pizza Social, and the Aquarium of the Pacific sea turtle release. Council Member Kalmick reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony, the Seal Beach Chamber of Commerce Installation Dinner, the OCFA Girls Empowerment Camp, the Rivers and Mountains Conservancy meeting, and two (2) Ribbon Cutting Ceremonies in Whittier and Nickerson Gardens that were funded by Rivers and Mountains Conservancy. Additionally, Council Member Kalmick announced that he toured the Los Cerritos Wetlands. He also noted that the Los Cerritos Wetlands Restoration project would break ground on October 24, 2025. Finally, Council Member Kalmick acknowledged the Long Beach Conservation Corp for their work on the median on Pacific Coast Highway. Council Member Senecal reported her attendance at the Seal Beach Chamber of Commerce Installation Dinner. Additionally, she announced that the College Park East Neighbor 4 Neighbor event would take place at Heather Park on Sunday, September 28, 2025, from 12:00 p.m. — 2:00 p.m. She called upon Chief Henderson to provide details about the program. Lastly, Council Member Senecal announced that Supervisor Nguyen will provide the State of the County Address on October 1, 2025. Mayor Pro Tem Steele reported his attendance at the Orange County Fire Authority (OCFA) 9/11 Day of Remembrance Ceremony. Additionally, Mayor Pro Tem Steele announced that the Orange County Mosquito and Vector Control Board found mosquitoes infected with West Nile Virus in Garden Grove and Los Alamitos. He encouraged the public and residents to cover their skin and use mosquito repellent. Mayor Landau reported her attendance at the Chamber of Commerce Installation Dinner, the Connor Lees Memorial Paddle Out Ceremony, the Mayor's Prayer Breakfast, and the Celebration of Life for former Planning Commissioner Richard Coles. COUNCIL ITEMS A. Consideration of Resolution Setting forth the City Council's Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting - Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council's official position in opposition to Proposition 50. Mayor Landau called upon Mayor Pro Tem Steele who voiced his opposition to Proposition 50. Council Member Senecal, Council Member Wong, and Mayor Landau also voiced their opposition to Proposition 50. Mayor Pro Tem Steele moved, second by Council Member Wong Setting forth the City Council's Official Position Opposing Proposition 50: Legislative Congressional Amendment Regarding Congressional Redistricting - Consider the request by Mayor Pro Tem Steele that the City Council adopt Resolution 7692 setting forth the City Council's official position in opposition to Proposition 50. AYES: Kalmick, Wong, Landau, Senecal, Steele NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Council Member Kalmick moved, second by Mayor Pro Tem Steele to approve the recommended actions on the consent calendar. B. Approval of the City Council Minutes - That the City Council approve the minutes of the Special Closed Session and Regular City Council meeting held on September 8, 2025. C. Demand on City Treasury (Fiscal Year 2026) - Ratification. D. Monthly Investment Report (September 22, 2025) - Receive and file. E. City Council Appointment to Seal Beach Cable Communications Foundation - It is the request of Council Member Senecal that the City Council appoint Bruce Lau to the Seal Beach Cable Communications Foundation. F. Notice of Completion for the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301 - That the City Council adopt Resolution 7693: 1. Accepting the Seal Beach Boulevard at North Gate Road Improvement Project, CIP ST2301, by R.J. Noble Company in the amount of $507,830.31; 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. G. Professional Services Agreement with Michael Baker International for the Preparation of an Update to the General Plan's Open Space, Recreation, and Conservation Elements - That the City Council adopt Resolution 7694: 1. Approving the Professional Services Agreement with Michael Baker International for $58,911 for the preparation of the update to the Open Space, Recreation and Conservation Elements; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. H. Professional Services Agreement with Park Consulting Group, Inc. - That the City Council adopt Resolution 7695: 1. Approving the Professional Services Agreement with Park Consulting Group, Inc. for $72,050; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City. I. Introduction of an Ordinance of the City of Seal Beach Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a California Environmental Quality Act (CEQA) Exemption Determination -That the City Council receive the staff report, introduce for the first reading by title only Ordinance 1719 amending Chapter 9.60 of Title 9 of the Municipal Code, and direct staff to schedule a noticed public hearing prior to second reading and adoption of the same. If the City Council concurs, the appropriate motion would be to: 1. Introduce, waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code, and Approving a CEQA Exemption Determination; and, 2. Direct staff to schedule a duly -noticed public hearing for October 13, 2025, prior to second reading and adoption. The vote below is for the Consent Calendar Items. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried City Attorney Ghirelli read the title of Ordinance 1719. ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS J. Rejecting All Bids for the Lampson Well Treatment System Project, CIP WT1902, Providing Direction to Staff on Rebidding the Project, and Deferring Action of Related Items - That the City Council adopt Resolution 7697: 1. Rejecting all bids received for the Lampson Well Treatment System Project, CIP WT1902; and, 2. Providing direction on reevaluating project parameters, including contract documents, delivery schedule and cost impacts, prior to rebidding; and, 3. Deferring consideration of approving Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services for the Project; and, 4. Deferring consideration of approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project; and, 5. Deferring consideration of approving a new Orange County Water District Producer Well Construction Loan Agreement; and, 6. Deferring consideration of approving Budget Amendment BA #26-03-03. Mayor Landau called upon Deputy Director of Public Works Cho. Deputy Director of Public Works Cho provided an overview of the staff report. Deputy Director of Public Works Cho recommended entering into a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Project and to assist with the bid evaluation process. A discussion ensued between the Council Members, Deputy Director of Public Works Cho, Director of Public Works Lee and Mark Butier with Butier Engineering, Inc. Council Member Senecal noted her reservations about the cost of hiring a project manager. She recommended that Capital Projects be emphasized at the Strategic Planning Workshop. She also recommended deferring action on any contracts until the next meeting. Council's questions and concerns were addressed by Deputy Director of Public Works Cho, Director of Public Works Lee, and Mark Butier. City Attorney Ghirelli recommended formally rejecting all bids. Council Member Senecal moved, second by Mayor Landau to formally reject all bids, and defer action on a Professional Services Agreement with Butier Engineering, Inc. and Amendment 3 with Pacific Advanced Civil Engineering to the October 13, 2025, City Council meeting. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried NEW BUSINESS K. Adoption of Municipal Code Amendment Relating to the City's Cross - Connection Control Program and Adopting the City's Cross -Connection Control Management Plan Pursuant to Assembly Bill 1671 (Statute of 2024) - That the City Council: 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and 9.35.090 of Chapter 9.35 (Water) of Title 9 of the Seal Beach Municipal Code pertaining to the cross -connection program; and, 2. Adopt Resolution 7698, adopting the City Cross -Connection Control Management Plan. Mayor Landau called upon Deputy Director of Public Works Low to provide an in-depth presentation of the staff report. A discussion ensued between Deputy Director of Public Works Low, Mayor Pro Tem Steele, Council Members Senecal and Wong and Public Works Director Lee. Mayor Pro Tem Steele moved, second by Council Member Wong to 1. Introduce, waive full reading, and read by title only, Ordinance 1720, amending Sections 9.35.005 and 9.35.090 of Chapter 9.35 (Water) of Title 9 of the Seal Beach Municipal Code pertaining to the cross -connection program; and, 2. Adopt Resolution 7698, adopting the City Cross - Connection Control Management Plan. AYES: Kalmick, Wong, Senecal, Steele, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Landau adjourned the City Council meeting in memory of Seal Beach Lions Club Member Bruce Gormley at 9:48 p.m. to Monday, October 13, 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 City of Seal Beach Fiscal Year 2026 Warrant Listing for Council Meeting 10/13/2025 Approve by Minute Order Demands on Treasury: Warrants-A/P: Checks (33537-33682) $ 2,461,980.81 UB Refunds $ Electronic Funds Transfer (5590-5678) $ 434,766.01 Voids (33494) $ (380.00) Bank Drafts: Payroll State & Federal Taxes $ 125,572.07 ICMA $ 26,492.83 Ca1PERS Pension $ 145,815.97 City of Seal Beach Flex Spending $ 2,717.52 CaIPERS $ 700.00 $ 3,197,665.21 Payroll: Payroll Direct Deposit $ 873,870.87 Total Payroll: $ 873,870.87 Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: Barbafa Arenado A6 Date Director of Finance/City Treasurer Year -to -Date: $ 17,139,847.32 Year -to -Date: $ 3,325,481.05 10/6/2025 10:07:26 AM Page 1 of 18 i Check Report s By Check Number 'tti`'�4UFOMN`� i Date Range: 09/12/2025 - 10/03/2025 a... . Vendor Number Vendor Name Payment Date Payment Type DiscountAmount Payment Amount Number Payable# Payable Type Post Date Payable Description DiscountAmount PayableAmount Bank Code: APBW General -BW City General Acct. Payment Type: EFT 000507 Jeffrey Dale Jenkins 09/12/2025 EFT 0.00 2170 Invoice 06/30/2025 Rectifier fail services 2,705.48 5589 2177 Invoice 06/30/2025 Acid wash services 0.00 505.00 2187 Invoice 06/30/2025 Acid wash services 0.00 1,215.48 000 985.00 000211 6174 CMY Invoice 09/13/2025 EFT 0.00 1,401.99 5590 09/04/2025 Instructor services 8/1/25-9/1/25 0.00 1,401.99 001514 Dion & Sons Marine Fuels Inc 09/13/2025 EFT 18068 Invoice 09/04/2025 Dyed Diesel 0.00 3,019.24 5591 18098 Invoice 09/04/2025 Dyed Diesel 0.00 95.02 18125 Invoice 09/04/2025 Dyed Diesel 0.00 119.70 18154 Invoice 09/04/2025 Dyed Diesel 0.00 106.05 18170 Invoice 09/04/2025 Dyed Diesel 0.00 77.70 18232 Invoice 09/04/2025 Dyed Diesel 0.00 66.69 18281 Invoice 09/04/2025 Dyed Diesel 000 9790 316 Invoice 09/04/2025 Dyed Diesel 0.00 77.04 1 335 Invoice 09/04/2025 Dyed Diesel 0.00 186.18 1 405 Invoice 09/04/2025 Dyed Diesel 0.00 74.90 18427 Invoice 09/04/2025 Dyed Diesel 0.00 144.18 18458 Invoice 09/04/2025 Dyed Diesel 0.00 123.12 18473 Invoice 09/04/2025 Dyed Diesel 0.00 142.02 18496 Invoice 09/04/2025 Dyed Diesel 0.00 109.62 18558 Invoice 09/04/2025 Dyed Diesel 0.00 78.84 18596 Invoice 09/04/2025 Dyed Diesel 0.00 99.36 18641. Invoice 09/04/2025 Dyed Diesel 0.00 122.58 101 Invoice 09/04/2025 Dyed Diesel 0.00 125.82 18773 Invoice 09/04/2025 Dyed Diesel 0.00 86.40 18893 Invoice 09/04/2025 Dyed Diesel 0.00 159.30 8917 Invoice 09/04/2025 Dyed Diesel 0.00 111.83 18988 Invoice 09/04/2025 Dyed Diesel 0.00 95.03 19009 Invoice 09/04/2025 Dyed Diesel 0.00 57.68 19054 Invoice0.00 09/04/2025 Dyed Diesel 147.29 19076 Invoice 09/04/2025 Dyed Diesel 0.00 100.42 19159 Invoice 09/04/2025 Dyed Diesel 0.00 116.90 1 180 Invoice 09/04/2025 Dyed Diesel 0.00 139.05 19198 Invoice 09/04/2025 Dyed Diesel 0.00 91.67 0.00 66.95 001993 HASA INC 09/13/2025 EFT 10500820.00 Invoice 09/04/2025 1Gal. -Cargo Tank 1,473.18 5592 1061916 Invoice 09/04/2025 1 Gal. - Cargo Tank 0.00 373.27 106 872 Invoice 09/04/2025 1Gal. -Cargo tank 0.00 578.03 0.00 521.88 001224 Lynn Peavey Company 09/13/2025 EFT 420237 Invoice 09/04/2025 Prisoner property bags 0.00 472.02 5593 0.00 472.02 001280 Michael McDonald 09/13/2025 EFT W52813 Invoice 09/04/2025 PT#18-9/5/25 Uniform Allowance 0.00 40.00 5594 0.00 40.00 002014 Michael Pless 09/13/2025 EFT 450184 -� Invoice 09/04/2025 Instructor services 7/19/25-8/18/25 0.00 0.00 9,395.15 5595 450185 Invoice 09/04/2025 Instructor services 7/19/25-8/18/25 0.00 51925.50 452245 Invoice 09/04/2025 Instructor services 7/25/25-8/24/25 249.65 0.00 3,220.00 10/6/2025 10:07:26 AM Page 1 of 18 Check Report Date Range: 09/12/2025-10/03/2025 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount PaymentAmount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000684 Municipal Water District of Orange County 09/13/2025 EFT 0.00 30,336.00 5596 17839 Invoice 09/04/2025 CY 25 WLC Technical Assistance Tasks 0.00 27,920.00 17872 Invoice 09/04/2025 FY 25/26 WLC Shared Service Task 2 0.00 2,416.00 001675 ODP Business Solutions, LLC 09/13/2025 EFT 0.00 223.11 5597 43154663001 Invoice 09/04/2025 Trash can for jail area 0.00 60.46 431560370001 Invoice 09/04/2025 Drain odor eliminator 0.00 155.45 432239592001 Invoice 09/04/2025 Tabs 0.00 7.20 000723 Omega Industrial Supply Inc. 09/13/2025 EFT 0.00 497.29 5598 164535 Invoice 09/04/2025 Face lift for concrete 0.00 497.29 000757 PFM Asset Management LLC 09/13/2025 EFT 0.00 2,533.52 5599 4907181 Invoice 09/04/2025 Investment portfolio 7/2025 0.00 2,533.52 000876 Sectran Security, Inc. 09/13/2025 EFT 0.00 801.28 5600 25080626 Invoice 09/04/2025 Services 8/2025 0.00 801.28 000892 Skyline Safety and Supply 09/13/2025 EFT 0.00 1,428.95 5601 9551 Invoice 09/04/2025 Trash bags 0.00 999.75 -9555 Invoice 09/04/2025 Gloves 0,00 429,20 001707 Base Hill Inc. 09/18/2025 EFT 0.00 21,934.29 5602 26238 Invoice 09/11/2025 Services 7/2025 0.00 21,934.29 000137 Cabco Yellow Inc 09/18/2025 EFT 0.00 1,185.00 5603 8520025 Invoice 09/11/2025 Services 8/2025 0.00 1,185.00 000222 Community Senior Serv. Inc 09/18/2025 EFT 0.00 10,000.00 5604 7.31.2025 Invoice 09/11/2025 Services 7/2025 0.00 5,000.00 8.31.2025 Invoice 09/11/2025 Services 8/2025 0.00 5,000.00 000427 Hadronexlnc 09/18/2025 EFT 0.00 21,966.00 5605 44557 Invoice 09/11/2025 1 -year Renewal of SmartCover System for 0.00 21,966.00 001675 ODP Business Solutions, LLC 09/18/2025 EFT 0.00 37.24 5606 431560333001 Invoice 09/11/2025 Chief stamp 0,00 37.24 001093 Parking Concepts 09/18/2025 EFT 0.00 13,023.76 5607 710-08-25 Invoice 09/11/2025 Services 8/2025 0.00 13,023.76 001256 Parts Authority Metro LLC 09/18/2025 EFT 0.00 748.21 5608 065-000849 Invoice 09/11/2025 PD#4111 0,00 30.74 065-007168 Invoice 09/11/2025 PD#4111 0.00 142.11 110-869811 Invoice 09/11/2025 PD#4101 0.00 186.29 290-127308 Invoice 09/11/2025 Oil 0.00 117.99 290127360 Invoice 09/11/2025 Parts returned 0.00 128.85 290-127409 Invoice 09/11/2025 PD#4111 0.00 100.26 290-127636 Invoice 09/11/2025 Parts returned 0.00 41.97 000759 Phoenix Group 09/18/2025 EFT 0.00 9,033.60 5609 0720251000 Invoice 09/11/2025 False alarms / permits 7/2025 0.00 9,033.60 000799 Raftelis Financial Consultants Inc 09/18/2025 EFT 0.00 2,293.75 5610 41120 Invoice 09/11/2025 Services 7/2025 0.00 2,293.75 000839 RPW Services, Inc. 09/18/2025 EFT 0.00 1,137.50 5611 46183 Invoice 09/11/2025 Services 7/2025 0.00 1,137.50 000863 SC Fuels 09/18/2025 EFT 0.00 1,731.68 5612 IN -0000182188 Invoice 09/11/2025 Dyed diesel fuel delivery to Beach Yard 0.00 1,731.68 001490 SCA of CA, LLC 09/18/2025 EFT 0.00 14,999.78 5613 CA25001608 Invoice 09/11/2025 Services 8/2025 0.00 14,999.78 000928 Step Saver CA LLC 09/18/2025 EFT 0.00 1,456.94 5614 10/6/2025 10:07:26 AM Page 2 of 18 Check Report Vendor Number Vendor Name Payment Date Payment Type Payable # Payable Type Post Date Payable Description 376605 Invoice 09/11/2025 Coarse salt EM Invoice 09/11/2025 Coarse salt 376666 Invoice 09/11/2025 Coarse salt 376667 Invoice 09/11/2025 Coarse salt Date Range: 09/12/2025 - 10/03/2025 DlscountAmount PaymentAmount Number Discount Amount Payable Amount 0.00 413.47 0.00 240.30 0.00 482.76 0.00 320.41 000961 Synoptek 09/18/2025 EFT 0.00 370.04 5615 1268401 Invoice 09/11/2025 Equipment 0.00 370.04 001012 Underground Sery Alert Sc 09/18/2025 EFT 0.00 448.25 5616 24-254433 Invoice 09/11/2025 CA State Fee for Regulatory Costs 8/2025 0.00 99.70 620250667 Invoice 09/11/2025 Ticket charges& maint. 8/2025 0.00 348.55 000144 California Live Scan 09/19/2025 EFT 0.00 52.50 5617 INV -000646 Invoice 09/18/2025 Livescans 8/2025 0.00 52.50 000182 Cheryl Von der Hellen 09/19/2025 EFT 0.00 1,025.50 5618 455228 Invoice 09/18/2025 Instructor services 7/21/25-8/28/25 0.00 1,008.00 8.27.2025 Invoice 09/18/2025 Instructor services 7/21/25&8/20/25 0.00 17.50 000372 Ferguson Enterprises Inc 09/19/2025 EFT 0.00 46.38 5619 5694970 Invoice 09/18/2025 Hardware supplies 0.00 661.27 5696289 Invoice 09/18/2025 Hardware supplies 0.00 46.37 CM771827 Credit Memo 09/18/2025 Credit memor for Hardware supplies 0.00 -330.63 CM771829 Credit Memo 09/18/2025 Credit memo for Hardware supplies 0.00 -330.63 000592 Liebert Cassidy Whitmore 09/19/2025 EFT 0.00 55,844.50 5620 283895 Invoice 09/18/2025 FY 25/26 Membership 0.00 4,235.00 301579 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 427.50 301580 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 1,755.00 301581 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 5,786.00 301582 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 4,169.50 301583 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 1,095.50 301584 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 2,048.00 301585 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 3,567.50 301586 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 380.00 301587 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 6,213.00 301588 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 4,820.00 301589 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 529.00 01590 Invoice 09/18/2025 Personnel Matters 7/2025 0.00 2,660.00 304155 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 924.00 304156 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 1,317.50 304157 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 1,640.00 304158 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 2,436.50 304159 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 6,078.00 304160 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 142.50 304161 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 2,401.50 304 6622 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 2,791.00 304163 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 285.00 304164 Invoice 09/18/2025 Personnel Matters 8/2025 0.00 142.50 002014 Michael Pless 09/19/2025 EFT 0.00 4,181.36 5621 455232 Invoice 09/18/2025 Instructor services 8/1/25-9/1/25 0.00 3,635.36 9.2.2025 Invoice 09/18/2025 Instructor services 7/1/2025 0.00 546.00 001675 ODP Business Solutions, LLC 09/19/2025 EFT 0.00 418.69 5622 431555923001 Invoice 09/18/2025 Chair 0.00 214.67 431561050001 Invoice 09/18/2025 Paper 0.00 49.59 431561066001 Invoice 09/18/2025 Office supplies 0.00 18.45 431561068001 Invoice 09/18/2025 Hypergear 0.00 135.98 001026 USA Bluebook 09/19/2025 EFT 0.00 568.99 5623 INVO0803974 Invoice 09/18/2025 Hardware supplies 0.00 310.11 10/6/2025 10:07:26 AM Page 3 of 18 Check Report Date Range: 09/12/2025 - 10/03/2025 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount PaymentAmount Number Payable# Payable Type Post Date Payable Description DiscountAmount Payable Amount INVO0814945 Invoice 09/18/2025 Hardware supplies 0.00 258.88 001056 West Marine Products Inc. West Marine Pro 09/19/2025 EFT 0.00 58.66 5624 8386 Invoice 09/18/2025 Lifeguard supplies 0.00 58.66 001558 AMCS Group Inc 09/25/2025 EFT 0.00 2,008.44 5625 186025 Invoice 09/25/2025 Services 10/2025 -12/2025 0.00 2,008.44 001081 Angelic Zarco 09/25/2025 EFT 0.00 3,125.00 5626 INV-000143 Invoice 09/25/2025 Post-Go-Live Svcs 8/2025 0.00 3,125.00 001707 Base Hill Inc. 09/25/2025 EFT 0.00 27,515.29 5627 26241 Invoice 09/25/2025 1st. St. Restrooms Janitorial Svcs 7/2025 0.00 - 2,053.00 26326 Invoice 09/25/2025 Services 8/2025 0.00 23,409.29 26327 Invoice 09/25/2025 1st St. Restrooms Janitorial Svcs 8/2025 0.00 2,053.00 000204 Civicstone, Inc. 09/25/2025 EFT 0.00 6,215.00 5628 2025286 Invoice 09/25/2025 Admin Services 8/2025 0.00 6,215.00 000442 Hi Standard Automotive LLC 09/25/2025 EFT 0.00 4,721.75 5629 30413 Invoice 09/25/2025 Marine Safety Unit #5140 Upfitting and G 0.00 4,721.75 000843 S & I Supply Co 09/25/2025 EFT 0.00 2,926.41 5630 S100256765.001 Invoice 09/25/2025 Hardware supplies 0.00 1,124.19 5100256844.001 Invoice 09/25/2025 Hardware supplies 0.00 998.55 5100256862.001 Invoice 09/25/2025 Hardware supplies 0.00 139.52 5300256960.001 Invoice 09/25/2025 Hardware supplies 0.00 664.15 000961 Synoptek 09/25/2025 EFT 0.00 34,551.84 5631 1268282 Invoice 09/25/2025 Microsoft licenses 8/2025 0.00 3,919.00 1268694 Invoice 09/25/2025 Application Developer 10/2025 0.00 507.50 126 698 Invoice 09/25/2025 Services 10/2025 0.00 29,262.84 126879 9 Invoice 09/25/2025 MFA implementation 7/29/25-8/19/25 0.00 862.50 000886 Yunex, LLC 09/25/2025 EFT 0.00 8,202.83 5632 5610006145 Invoice 09/25/2025 Traffic Signal Response Call Outs 7/2025 0.00 6,050.13 90005137 Invoice 09/25/2025 Traffic Signal Maintenance Svcs 7/2025 0.00 2,152.70 000859 SBMSMA 09/30/2025 EFT 0.00 34.62 5633 INV0004500 Invoice 09/19/2025 Union Dues 0.00 34.62 000862 SBSPA 09/30/2025 EFT 0.00 184.64 5634 INV0004473 Invoice 09/19/2025 Union Dues 0.00 184.64 000874 Seal Beach Police Officers Assoc 09/30/2025 EFT 0.00 1,595.00 5635 INV0004499 Invoice 09/19/2025 Union Dues 0.00 1,595.00 000736 Orange County Water Dist. 09/30/2025 EFT 0.00 94,879.64 5636 6.30.25 Invoice 06/30/2025 Basin Equity Assessment 7/1/24-6/30/25 0.00 94,879.64 000257 Dan Davis 10/03/2025 EFT 0.00 126.19 5637 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 126.19 000263 Darrell Hardin 10/03/2025 EFT 0.00 185.08 5638 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 185.08 000269 David Barr 10/03/2025 EFT 0.00 1,624.02 5639 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 1,624.02 000274 David Van Holt 10/03/2025 EFT 0.00 92.59 5640 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 92.59 000277 Dean Zanone 10/03/2025 EFT 0.00 313.00 5641 Qctober 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 313.00 000289 Dennis Root 10/03/2025 EFT 0.00 426.70 5642 10/6/2025 10:07:26 AM Page 4 of 18 Check Report 0.00 247.98 5643 Vendor Number Vendor Name 247.98 Payment Date Payment Type Payable N Payable Type Post Date Payable Description October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 -000317 Don Hagen 284.25 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 001509 Eric Tittle 1,671.23 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000389 Gary Buzzard 354.76 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000391 Gary Krogman 195.59 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000400 Ginger Bennington 290.28 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000436 Helen Kling 2,297.28 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000489 Jacqueline Guidry 426.70 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000490 James E. Nettleton 235.02 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000506 Jeff Watson 885.78 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000510 Jerry Ellison 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000521 Jo Ellen Perry 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 G00531 John Scott 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000532 John Wachtman 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000558 Kathleen McGlynn 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000561 Kenneth Garrett 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000589 Leonard Frisbie 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000594 Lindasu McDonald 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000620 Marcia Gordon 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000621 Marcie Palmitier 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000630 Mark Risinger 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000655 Michele Hall 10/03/2025 EFT October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000656 Michele Stearns 10/03/2025 EFT Date Range: 09/12/2025.10/03/2025 DlscountAmount PaymentAmount Number DlscountAmount Payable Amount 0.00 426.70 10/6/2025 10:07:26 AM Page 5 of 18 0.00 247.98 5643 0.00 247.98 0.00 2,157.72 5644 0.00 2,157.72 0.00 284.25 5645 0.00 284.25 0.00 1,671.23 5646 0.00 1,671.23 10/6/2025 10:07:26 AM Page 5 of 18 0.00 138.19 5647 0.00 138.19 0.00 249.10 5648 0.00 249.10 0.00 284.25 5649 0.00 284.25 0.00 729.28 5650 0.00 729.28 0.00 354.76 5651 0.00 354.76 0.00 195.59 5652 0.00 195.59 0.00 290.28 5653 0.00 290.28 0.00 2,297.28 5654 0.00 2,297.28 0.00 426.70 5655 0.00 426.70 0.00 235.02 5656 0.00 235.02 0.00 885.78 5657 0.00 885.78 10/6/2025 10:07:26 AM Page 5 of 18 0.00 84.00 5658 0.00 84.00 0.00 453.37 5659 0.00 453.37 0.00 349.00 5660 0.00 349.00 0.00 290.28 5661 0.00 290.28 0.00 965.00 5662 0.00 965.00 0.00 349.00 5663 0.00 349.00 0.00 137.55 5664 10/6/2025 10:07:26 AM Page 5 of 18 Check Report Date Range: 09/12/2025 -10/03/2025 Vendor Number Vendor Name Payment Date Payment Type Discount Amount PaymentAmount Number Payable if Payable Type Post Date Payable Description DiscountAmount Payable Amount October 2025 Invoice 10/02/2025 Retiree Medical Reimb.- October 2025 0.00 137.55 000752 Patrick Sullivan 10/03/2025 EFT 0.00 714.03 5665 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 714.03 000880 Paul Serna 10/03/2025 EFT 0.00 190.86 5666 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 190.86 000803 Randy Frey 10/03/2025 EFT 0.00 582.34 5667 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 582.34 000804 Richard Ransdell 10/03/2025 EFT 0.00 551.96 5668 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 551.96 000830 Ronald LaVelle 10/03/2025 EFT 0.00 1,624.02 5669 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 1,624.02 000831 Ronald Lawson 10/03/2025 EFT 0.00 184.00 5670 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 184.00 000842 Ryan Corbin 10/03/2025 EFT 0.00 2,134.03 5671 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 2,134.03 000850 Sam D'amico 10/03/2025 EFT 0.00 1,011.40 5672 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 1,011.40 000931 Stephanie Stinson 10/03/2025 EFT 0.00 11.59 5673 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 11.59 000932 Stephen Bowles 10/03/2025 EFT 0.00 2,134.03 5674 October 2025 Invoice 10/02/2025 Retiree Medical Reimb.-October 2025 0.00 2,134.03 000998 Timothy Olson 10/03/2025 EFT 0.00 1,588.38 5675 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 1,588.38 001230 William Moran 10/03/2025 EFT 0.00 457.58 5676 October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 0.00 457.58 000515 Jill Ingram 10/03/2025 EFT 0.00 1,105.73 5677 W54106 Invoice 10/02/2025 Healthcare reimbursement 10/2025 0.00 1,105.73 000536 Jorge Muniz 10/03/2025 EFT 0.00 3,782.58 5678 W54105 Invoice 10/02/2025 Advanced disability pension payment 10/ 0.00 3,782.58 Total EFT: 0.00 434,766.01 10/6/2025 10:07:26 AM Page 6 of 18 Check Report 0.00 -380.00 33494 Vendor Number Vendor Name 60.28 Payment Date Payment Type Payable Payable Type Post Date Payable Description Payment Type: Regular 0.00 1,500.00 002307 TKR Construction 10/02/2025 Regular 000034 All American Asph./Aggregates 09/12/2025 Regular 1229717 Invoice 09/04/2025 Tack Bucket 002317 All American Asphalt 0.00 09/12/2025 Regular W52009 Invoice 09/04/2025 Return of Deposit for Hydrant Meter- RO 000086 Bay Hardware 0.00 09/12/2025 Regular 329470 Invoice 09/04/2025 Deadbolt& lockset& key cutting 329702 Invoice 09/04/2025 Deadbolt& lockset 369500 Invoice 09/04/2025 Hose 369513 Invoice 09/04/2025 Lifeguard supplies 369531 Invoice 09/04/2025 Mounting bracket 369666 Invoice 09/04/2025 Raid Ant Bait 001626 Cable Com 0.00 09/12/2025 Regular W52007 Invoice 09/04/2025 Inspection Dep. Reimb.- Enroach. Permit - W5201 Invoice 09/04/2025 Inspection Dep. Reimb.- Enroach. Permit - W52011 Invoice 09/04/2025 Inspection Dep. Reimb.- Enroach. Permit - W52015 Invoice 09/04/2025 Inspection Dep. Reimb.- Enroach. Permit - 000145 California Municipal Statistics, Inc. 09/12/2025 Regular 25082804 Invoice 09/04/2025 Direct & overlapping debt stmt as of 6/30 001792 CarclConnect 09/12/2025 Regular INVO0271718 Invoice 09/04/2025 Equipment rental 8/2025 002333 Caroline Beghin -Kircher 09/12/2025 Regular 2 Invoice 09/04/2025 Handcrafted Junior Lifeguard Awards 000176 Charles V. Wickwire 33545 09/12/2025 Regular 450187 Invoice 09/04/2025 Instructor services 7/19/25-8/18/25 450188 Invoice 09/04/2025 Instructor services 7/19/25-8/18/25 002102 Charter Communications Holdings, LLC 09/12/2025 Regular 844840027/9-25 Invoice 09/04/2025 Services 8/24/25-9/23/25 000188 Cintas Corporation 09/12/2025 Regular 4239645677 Invoice 09/04/2025 Uniforms 000197 City Of Long Beach 09/12/2025 Regular 2240619 Invoice 09/04/2025 Services 9/2025 000253 Cypress Engraving 09/12/2025 Regular 73725 Invoice 09/04/2025 VIPS Plaque name plate 002330 Fred Dellisanti - 09/12/2025 Regular W54236 Invoice 09/04/2025 Short Term Rental Permit Pymt Reimb. 4R 000382 Frontier Communications 09/12/2025 Regular 5621560001/9-2 Invoice 09/04/2025 Services 8/8/25-9/7/25 001140 Gary M. Rogers 09/12/2025 Regular 452230 Invoice 09/04/2025 Instructor services 7/25/25-8/24/25 000410 Golden State Water Company 09/12/2025 Regular 23113000006/8- Invoice 09/04/2025 Services 7/24/25-8/29/25 000412 Golden West College 400.00 09/12/2025 Regular W54477 Invoice 09/04/2025 Post Supervisory Course -1. Otto 002319 Gyaneh Prestwich 09/12/2025 Regular W54475 Invoice 09/04/2025 Wellness Reimbursement Program FY 25/ 001582 Haulaway Storage Containers 09/12/2025 Regular Date Range: 09/12/2025-10/03/2025 DiscountAmount PaymentAmount Number DiscountAmount Payable Amount 10/6/2025 10:07:26 AM Page 7 of 18 0.00 -380.00 33494 0.00 60.28 33537 0.00 60.28 0.00 1,500.00 33538 0.00 1,500.00 0.00 307.49 33539 0.00 63.27 0.00 54.55 0.00 92.81 0.00 67.95 0.00 21.27 0.00 7.64 0.00 2,385.32 33540 0.00 540.48 0.00 519.58 0.00 961.26 0.00 364.00 0.00 600.00 33541 0.00 600.00 0.00 100.00 33542 0.00 100.00 0.00 175.60 33543 0.00 175.60 0.00 9,159.11 33544 0.00 677.60 0.00 8,481.51 0.00 16.00 33545 0.00 16.00 0.00 79.64 33546 0.00 79.64 0.00 351.52 33547 0.00 351.52 0.00 22.84 33548 0.00 22.84 0.00 400.00 33549 0.00 400.00 0.00 69.11 33550 0.00 69.11 0.00 975.00 33551 0.00 975.00 0.00 672.86 33552 0.00 672.86 0.00 186.00 33553 0.00 186.00 0.00 400.00 33554 0.00 400.00 0.00 364.00 33555 10/6/2025 10:07:26 AM Page 7 of 18 Check Report Vendor Number Vendor Name Payment Date Payment Type Payable# Payable Type Post Date Payable Description 002271226 Invoice 09/04/2025 Container rental 000443 Hill's Bros. Lock & Safe 310.34 92207 Invoice 09/04/2025 000447 Home Depot Credit Services 25062 Invoice 09/04/2025 26� 2d211 Credit Memo 09/04/2025 2904480 Invoice 09/04/2025 3113876 Invoice 09/04/2025 3272600 Credit Memo 09/04/2025 3904776 Invoice 09/04/2025 4404522 Invoice 09/04/2025 502034 Invoice 09/04/2025 5152826 Invoice 09/04/2025 9902050 Invoice 09/04/2025 002331 K & B Engineering 0.00 W52014 Invoice 09/04/2025 000562 Kevin Edwards 34.93 W54479 Invoice 09/04/2025 001160 Lauren Barich 0.00 W52812 Invoice 09/04/2025 001221 Los Alamitos Animal Hospital 270391 Invoice 09/04/2025 270413 Invoice 09/04/2025 002318 Mike Pistilli 500.00 W54474 Invoice 09/04/2025 002238 Nathan L. Caukin 0.00 8.7.2025 Invoice 09/04/2025 000731 Orange County Fire Auth. 816.82 50547541 Invoice 09/04/2025 002090 Patricia Garcia 0.00 8.19.2025 Invoice 09/04/2025 002334 Patricia Haro 400.00 W_52472 Invoice 09/04/2025 000778 Print Masters 71902 Invoice 09/04/2025 000809 Ready Refresh by Nestle 15HOO27940022 Invoice 09/04/2025 000811 Red Wing Business Advantage 20250807027657 Invoice 09/04/2025 000853 Santa Ana River Flood FY 25/2 Invoice 09/04/2025 002073 Selkirk Sport Z120087918 Invoice 09/04/2025 001441 Snap -on Incorporated ARV / 65583494 Invoice 09/04/2025 000897 So. California Gas Co. 03494644572/8- Invoice 09/04/2025 06430966007/8- Invoice 09/04/2025 09/12/2025 Regular Key materials and installation 09/12/2025 Regular Wall mount Wall mount Hardware supplies Hardware supplies Lithium ion cordless Brushless stick pump Hardware supplies Hardware supplies Hardware supplies Hardware supplies 09/12/2025 Regular Engineering Inspection deposit reimb.- RO 09/12/2025 Regular Wellness Reimbursement Program FY 25/ 09/12/2025 Regular Wellness Reimbursement Program FY 25/ 09/12/2025 Regular Saurus & Yosa's vet visit Saurus & Yosa vet visit 09/12/2025 Regular Wellness Reimbursement Program FY 25/ 09/12/2025 Regular Travel Reimb. fortravel to SBTPC 09/12/2025 Regular Qtr 1- FY 25/26 09/12/2025 Regular Tuition Reimb for 6/2025 -8/2025 09/12/2025 Regular Short term rental payment reimb. 09/12/2025 Regular Printing banners 09/12/2025 Regular Services 7/15/25-8/14/25 09/12/2025 Regular Boots -1. Otts 09/12/2025 Regular River Flood Protection FY 25/26 09/12/2025 Regular SBTPC Pickleball supplies 09/12/2025 Regular Scan tool update 09/12/2025 Regular Services 7/18/25-8/19/25 Services 7/18/25-8/19/25 Date Range: 09/12/2025 - 10/03/2025 DiscuuntAmount PaymentAmount Number DiscountAmount PayableAmount 0.00 364.00 10/6/2025 10:07:26 AM Page 8 of 18 0.00 310.34 33556 0.00 310.34 0.00 1,874.14 33557 0.00 64.63 0.00 0.00 -86.18 33565 0.00 50.16 0.00 0.00 148.67 33566 0.00 -214.42 0.00 0.00 435.91 33567 0.00 697.16 0.00 0.00 43.00 33568 0.00 34.93 0.00 0.00 700.28 33569 0.00 0.00 568.23 33558 0.00 568.23 0.00 500.00 33559 0.00 500.00 0.00 500.00 33560 0.00 500.00 0.00 816.82 33561 0.00 408.41 0.00 408.41 0.00 400.00 33562 0.00 400.00 10/6/2025 10:07:26 AM Page 8 of 18 0.00 6.65 33563 0.00 6.65 0.00 1,838,732.00 33564 0.00 1,838,732.00 0.00 1,142.96 33565 0.00 1,142.96 0.00 400.00 33566 0.00 400.00 0.00 0.00 221.23 33567 0.00 221.23 0.00 314.79 33568 0.00 314.79 0.00 233.67 33569 0.00 233.67 10/6/2025 10:07:26 AM Page 8 of 18 0.00 1,300.00 33570 0.00 1,300.00 0.00 1,411.72 33571 0.00 1,411.72 0.00 845.82 33572 0.00 845.82 0.00 386.47 33573 0.00 24.76 0.00 69.25 10/6/2025 10:07:26 AM Page 8 of 18 Check Report Date Range: 09/12/2025-10/03/2025 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount PaymentAmount Number Payable N Payable Type Post Date Payable Description Discount Amount Payable Amount 08113165917/8- Invoice 09/04/2025 Services 7/18/25-8/19/25 0.00 24.76 08950986039/8- invoice 09/04/2025 Services?/18/25-8/19/25 0.00 17.76 14830985009/8- Invoice 09/04/2025 Services 7/18/25-8/19/25 0.00 204.50 16300985005/8- Invoice 09/04/2025 Services 7/18/25-8/19/25 0.00 29.56 16720965009/8- Invoice 09/04/2025 Services 7/18/25-8/19/25 0.00 15.88 000900 South Coast A. Q. M. D. 09/12/2025 Regular 0.00 1,867.83 33574 4587940 Invoice 09/04/2025 ICE (50-500 HP) H -EM Stat Nat Gas Only 0.00 1,696.89 4590222 Invoice 09/04/2025 Flat Fee for last FY Emissions 0.00 170.94 000904 Southern Calif. Edison - 09/12/2025 Regular 0.00 42,799.33 33575 700067356541/8 Invoice 09/04/2025 Services 7/31/25-8/28/25 0.00 2,425.51 700120437466/8 Invoice 09/04/2025 Services 7/28/25-8/25/25 0.00 39,902.88 700201844920/8 invoice 09/04/2025 Services 8/1/25-8/31/25 0.00 93.70 700356744422/8 Invoice 09/04/2025 Services 8/1/25-9/1/25 0.00 140.50 700361752854/8 Invoice 09/04/2025 Services 8/1/25-8/31/25 0.00 40.61 700397174224/8 Invoice 09/04/2025 Services 7/31/25-8/28/25 0.00 112.22 700446884094/8 Invoice 09/04/2025 Services 7/31/25-8/28/25 0.00 30.79 700572690569/8 Invoice 09/04/2025 Services 8/1/25-9/1/25 0.00 53.12 000904 Southern Calif. Edison 09/12/2025 Regular 0.00 34.31 33576 700662910067/8 Invoice 09/04/2025 Services 7/17/25-8/14/25 0.00 34.31 000918 Standard Insurance Company 09/12/2025 Regular 0.00 8,186.88 33577 6430520001/9-2 Invoice 09/04/2025 Coverage 9/2025 0.00 1,272.24 6430520003/9-2 Invoice 09/04/2025 Coverage 9/2025 0.00 6,914.64 002320 Stephen Winter 09/12/2025 Regular 0.00 400.00 33578 W52473 Invoice 09/04/2025 Short term rental permit pymt reimb. - RO 0.00 400.00 000939 Steve Wasserman 09/12/2025 Regular 0.00 847.96 33579 456695 Invoice 09/04/2025 Instructor services 8/1/25-9/1/25 0.00 847.96 002321 Tereza Kirolos 09/12/2025 Regular 0.00 400.00 33580 W52475 Invoice 09/04/2025 Short term rental permit pymt reimb. - RO 0.00 400.00 000978 The Bank of New York Mellon 09/12/2025 Regular 0.00 2,000.00 33581 00252-25-005563 Invoice 09/04/2025 Trustee fee 7/2025 - 6/2026 0.00 2,000.00 000964 T -Mobile USA Inc. 09/12/2025 Regular 0.00 665.80 33582 206789594/8-25 Invoice 09/04/2025 Cradlepoints- services 7/21/25-8/20/25 0.00 246.60 967863726/8-25 Invoice 09/04/2025 Services 7/31/25-8/28/25 0.00 419.20 002175 Tselane L Gardner 09/12/2025 Regular 0.00 35.10 33583 450189 Invoice 09/04/2025 Instructor services 7/19/25-8/18/25 0.00 35.10 001018 University Trophies and Awards Inc. 09/12/2025 Regular 0.00 194.02 33584 72212 Invoice 09/04/2025 Engraving perptual plates 0.00 194.02 001024 US Bank Voyager Fleet System 09/12/2025 Regular 0.00 23,736.51 33585 8690175092535 Invoice 09/04/2025 Billing Services thru 8/24/25 0.00 23,736.51 001043 Victor Stanley, Inc. 09/12/2025 Regular 0.00 718.44 33586 5158610 Invoice 09/04/2025 Bronze plaque 0.00 718.44 001046 Vision Service Plan - (CA) 09/12/2025 Regular 0.00 2,259.50 33587 823482799 Invoice 09/04/2025 Vision Insurance 9/2025 0.00 1,761.30 823482814 Invoice 09/04/2025 Retired Monthly Insurance 9/2025 0.00 498.20 000200 City of Seal Beach 09/15/2025 Regular 0.00 42,695.95 33588 ' UBPKTO2943/1 Invoice 06/30/2025 Cycle 9 -Services 6/9/25-6/30/25 0.00 39,964.24 UBPKT02944/1 Invoice 06/30/2025 Cycle 10 -Services 6/9/25-6/30/25 0.00 2,731.71 002324 Gemini Group Consulting LLC 09/15/2025 Regular 0.00 12,316.60 33589 1243 Invoice 06/30/2025 2025 CCR Design, Print, Mailing 0.00 9,049.00 10/6/2025 10:07:26 AM Page 9 of 18 Check Report Date Range: 09/12/2025 -10/03/2025 Vendor Number Vendor Name Payment Date Payment Type Discount Amount PaymentAmount Number Payable# Payable Type Post Date Payable Description DiscountAmount Payable Amount 1377 Invoice 06/30/2025 2025 Consumer Confidence Report Posta 0.00 3,267.60 001197 Gold Coast K9/K9 Services LLC 09/15/2025 Regular 0.00 1,080.43 33590 SBPD-92 Invoice 06/30/2025 K9 Maint Training 6/2025 0.00 1,000.00 BPD - 93 Invoice 06/30/2025 K9 food 0.00 80.43 001719 Occupational Health Centers of California, AM( 09/15/2025 Regular 0.00 1,976.00 33591 87166871/1 Invoice 06/30/2025 Pre-employment 6/11/25-6/17/25 0.00 1,976.00 000039 American Elevator Services Inc. 09/17/2025 Regular 0.00 90.00 33592 5133806 Invoice 09/11/2025 Services 8/2025 0.00 90.00 000067 Ardurra Group Inc. 09/17/2025 Regular 0.00 5,607.50 33593 17014S Invoice 09/11/2025 Services 7/2025 0.00 5,607.50 001157 B&H Photo -Video 09/17/2025 Regular 0.00 2,606.38 33594 236501896 Invoice 09/11/2025 Camera Trailer 0.00 2,606.38 000086 Bay Hardware 09/17/2025 Regular 0.00 302.98 33595 369494 Invoice 09/11/2025 Hardware supplies 0.00 88,97 369502 Invoice 09/11/2025 Grounding triple tap 0.00 9.93 369503 Invoice 09/11/2025 Batteries 0.00 12.98 369504 Invoice 09/11/2025 Telescoping 0.00 18.85 369511 Invoice 09/11/2025 Screws/nuts/bolts/anchors/washer 0.00 2.75 369523 Invoice 09/11/2025 Hardware supplies 0.00 78.88 369532 Invoice 09/11/2025 Hardware supplies 0.00 69.57 369538 Invoice 09/11/2025 Caulk 0.00 21.05 002129 BKF Engineers 09/17/2025 Regular 0.00 4,109.50 33596 C20240623-10 Invoice 09/11/2025 Services 6/30/25-7/27/25 0.00 4,109.50 000123 BrightView Landscape Services Inc. 09/17/2025 Regular 0.00 109,927.44 33597 9425384 Invoice 09/11/2025 Landscape Maint. of Parks & Hardscape A 0.00 54,963.72 9455574 Invoice 09/11/2025 Landscape Maint. of Parks & Hardscape A 0.00 54,963.72 002297 ComSonics Inc 09/17/2025 Regular 0.00 6,367.00 33598 11 305 Invoice 09/11/2025 Project 300 0.00 6,367.00 002120 David Evans and Associates, Inc. 09/17/2025 Regular 0.00 3,132.50 33599 596922 Invoice 09/11/2025 Services 6/29/25-8/2/25 0.00 3,132.50 000359 Eversoft Inc. 09/17/2025 Regular 0.00 292.16 33600 R2602261 Invoice 09/11/2025 Services 8/2025 0.00 292.16 000360 exp US Services Inc 09/17/2025 Regular 0.00 1,525.00 33601 156222 Invoice 09/11/2025 Services 7/2025 0.00 250.00 156223 Invoice 09/11/2025 Services 7/2025 _ 0.00 1,275.00 001689 Keyser Marston Associates Inc 09/17/2025 Regular 0.00 1,162.50 33602 0039983 Invoice 09/11/2025 Lampson- Impact analysis 7/2025 0.00-. 1,162.50 001821 Long Beach Ford LLC 09/17/2025 Regular 0.00 626.89 33603 226202 Invoice 09/11/2025 PO #4106 0.00 11.12 226537 Invoice 09/11/2025 PO #4101 0.00 227.54 226553 Invoice 09/11/2025 PD#4101 0.00 256.71 226562 Invoice 09/11/2025 PD #4101 & stock 0.00 131.52 002295 MAVERICK DATA SYSTEMS 09/17/2025 Regular 0.00 250.00 33604 444 Invoice 09/11/2025 Warrant Builder Subscription 0.00 250.00 000711 NV5 Inc. 09/17/2025 Regular 0.00 11,301.10 33605 466502 Invoice 09/11/2025 Services 7/2025 0.00 4,416.10 467239 Invoice 09/11/2025 Services 7/2025 0.00 6,885.00 002148 RDC -5111, Inc. 09/17/2025 Regular 0.00 5,421.25 33606 10/6/2025 10:07:26 AM Page 10 of 18 Check Report Date Range: 09/12/2025 - 10/03/2025 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount PaymentAmount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 25029-00006 Invoice 09/11/2025 MainStreet/Pier Vision Plan (ST2009) - 8/ 0.00 5,421.25 001820 Sierra Analytical Labs Inc 09/17/2025 Regular 0.00 2,696.00 33607 SH12005 Invoice 09/11/2025 Pool chemical supplies 0.00 2,696.00 001761 Silsby Strategic Advisors, Inc. 09/17/2025 Regular 0.00 6,900.00 33608 016SGR Invoice 09/11/2025 Services 7/2025 0.00 5,700.00 021 Invoice 09/11/2025 Services 7/2025 0.00 1,200.00 000898 SoCal Auto & Truck Parts Inc. 09/17/2025 Regular 0.00 712.55 33609 487932 Invoice 09/11/2025 PD #4135 0.00 18.36 644453 Invoice 09/11/2025 Filters 0.00 176.93 644715 Invoice 09/11/2025 PW #2103 0.00 36.59 645025 Invoice 09/11/2025 PD#4111 0.00 419.19 645152 Invoice 09/11/2025 Tire patch 0.00 57.42 154 Invoice 09/11/2025 Fuses 0.00 4.06 000953 Surfside Colony Ltd 09/17/2025 Regular 0.00 7,708.22 33610 1827 Invoice 09/11/2025 Services 7/2025 0.00 3,854.11 102114 Invoice 09/11/2025 Services 8/2025 0.00 3,854.11 001777 Tennis Court Supply LLC 09/17/2025 Regular 0.00 790.00 33611 AB -17341 Invoice 09/11/2025 3 Tennis Nets and Straps 0.00 790.00 001754 Tranly LLC 09/17/2025 Regular 0.00 260.00 33612 41182 Invoice 09/11/2025 Services 8/2025 0,00 26000 001009 Turtle & Hughes, Inc. 09/17/2025 Regular 0.00 193.67 33613 6907823-00 Invoice 09/11/2025 Flood light 0.00 137.37 6918502-00 Invoice 09/11/2025 Hardware supplies 0.00 56.30 001141 United Site Services of California Inc 09/17/2025 Regular 0.00 1,142.82 33614 114-14110823 Invoice 09/11/2025 West End Pump Station -Services 8/12/2 0.00 353.70 INV -5522413 Invoice 09/11/2025 151 Marina Dr - Services 8/8/25-9/4/25 0.00 412.06 INV -5549901 Invoice 09/11/2025 Heather Park -Services 8/22/25-9/18/25 0.00 377.06 001055 West Coast Arborists, Inc. 09/17/2025 Regular 0.00 76,664.00 33615 233054 Invoice 09/11/2025 Services 8/1/25-8/15/25 0.00 76,664.00 000028 Akemi Hanna 09/18/2025 Regular 0.00 391.30 33616 455237_ Invoice 09/18/2025 Instructor services 8/1/25-9/1/25 0.00 391.30 - 000034 All American Asph./Aggregates 09/18/2025 Regular 0.00 330.47 33617 122971 Invoice 09/18/2025 Hardware supplies 0.00 330.47 000086 Bay Hardware 09/18/2025 Regular 0.00 233.53 33618 369420 Invoice 09/18/2025 Equip. & materials 0.00 16.54 369426 Invoice 09/18/2025 Lifeguard maint. supplies 0.00 49.21 369522 Invoice 09/18/2025 Bateries & rubber duckies 0.00 21.72 369570 Invoice 09/18/2025 Refill tub & the scrub . 0.D0 8.59 369578 Invoice 09/18/2025 Locks -Gardens -Special dept. 0.00 56.62 369597 Invoice 09/18/2025 Staples fir range targets 0.00 20.82 3-69625 Invoice 09/18/2025 AAA Batteries 0.00 8.72 369 3333 Invoice 09/18/2025 Remote 0.00 51.31 001135 Bootbarn 09/18/2025 Regular 0.00 1,193.27 33619 INVO0514756 Invoice 09/18/2025 Boots - M. Glover 0.00 223.04 INVO0514757 Invoice 09/18/2025 Boots - F. Mammana 0.00 250.00 INVO0514758 Invoice 09/18/2025 Boots -G. Brower 0.00 224.96 INVO0514759 Invoice 09/18/2025 Boots - J. Santoyo 0.00 250.00 INVO0514760 Invoice 09/18/2025 Boots- M. Barron 0.00 245.27 000139 California Assoc. of Tactical Officers 09/18/2025 Regular 0.00 5,000.00 33620 3001622 Invoice 09/18/2025 CATO Conference - C. Hendrix 0.00 625.00 10/6/2025 10:07:26 AM Page 11 of 18 Check Report Vendor Number Vendor Name Payment Date Payment Type Payable tt Payable Type Post Date Payable Description 3001623 Invoice 09/18/2025 CATO Conference - B. Jaipream 3001628 Invoice 09/18/2025 CATO Conference - A. Nishimura 3001687 Invoice 09/18/2025 CATO Conference - G. Kiehl 3001714 Invoice 09/18/2025 CATO Conference - P. Krok 3001715 Invoice 09/18/2025 CATO Conference -1. Sansenbach 3001756 Invoice 09/18/2025 CATO Conference - P. Viebrock 3001757 Invoice 09/18/2025 CATO Conference - D. Rael-Brook 002102 Charter Communications Holdings, LLC 09/18/2025 Regular 18870310109012 Invoice 09/18/2025 Services 9/4/25-10/3/25 18870320109072 Invoice 09/18/2025 Services 9/10/25-10/9/25 18870330109072 Invoice 09/18/2025 Services 9/10/25-10/9/25 18870340109072 Invoice 09/18/2025 Services 9/10/25-10/9/25 18870350109072 Invoice 09/18/2025 Services 9/10/25-10/9/25 18870510108212 Invoice 09/18/2025 Services 8/26/25-9/25/25 18870530109012 Invoice 09/18/2025 Services 9/1/25-9/30/25 18870540109012 Invoice 09/18/2025 Services 9/6/25-10/5/25 22836470109012 Invoice 09/18/2025 Services 9/1/25-9/30/25 000188 Cintas Corporation 09/18/2025 Regular 4240375540 Invoice 09/18/2025 Uniforms 4241114022 Invoice 09/18/2025 Uniforms 000200 City of Seal Beach 09/18/2025 Regular UBPKT02943 Invoice 09/18/2025 Cycle 9 -Services 7/1/25-8/8/25 UBPKT02944 Invoice 09/18/2025 Cycle 10 -Services 7/1/25-8/8/25 000223 Competitive Aquatic Supply -Ca 09/18/2025 Regular 78578 - Invoice 09/18/2025 Lifeguard uniforms 000302 DIRECTV 09/18/2025 Regular 051798338X2508 Invoice 09/18/2025 Services 8/26/25-9/25/25 001887 Ewing Irrigation Products Inc 09/18/2025 Regular 27422569 Invoice 09/18/2025 Hardware supplies 000365 Farmers & Merchants Bank 09/18/2025 Regular 042797 Invoice 09/18/2025 RNT Monthly Rent 9/2025 000390 Gary 1. Kusunoki 09/18/2025 Regular 1780 Invoice 09/18/2025 P Cite Hearings 8/2025 001368 HdL Coren & Cone 09/18/2025 Regular SIN053927 Invoice 09/18/2025 ACFR Statistical Packages FY 24/25 001903 Helen Sanders Cat Paws 09/18/2025 Regular W52503 Invoice 09/18/2025 Deposit refund for facility rental 000445 Holman Family Counseling Inc. 09/18/2025 Regular INV1035313 Invoice 09/18/2025 3 EAP -10/2025 001503 Integrity Newspapers Inc 09/18/2025 Regular 0015 776 Invoice 09/18/2025 Var 25-0001 DeCriscio 002117 Kimberly Hill Shotwell 09/18/2025 Regular 455246 Invoice 09/18/2025 Instructor services 8/1/25-9/1/25 000623 Maria Fattal 09/18/2025 Regular 455238 Invoice 09/18/2025 Instructor services 8/1/25-9/1/25 000641 MCI Comm Services 09/18/2025 Regular 7N484178/9-25 Invoice 09/18/2025 Services 9/2025 001719 Occupational Health Centers of California, A Mr 09/18/2025 Regular Date Range: 09/12/2025 - 10/03/2025 DiscountAmount PaymentAmount Number DiscountAmount Payable Amount 0.00 625.00 0.00 625.00 0.00 625.00 0.00 625.00 0.00 625.00 0.00 625.00 0.00 625.00 0.00 3,959.08 33621 0.00 301.21 0.00 260.95 0.00 629.99 0.00 1,248.45 0.00 137.76 0.00 228.52 0.00 272.61 0.00 130.59 0.00 749.00 0.00 855.49 33622 0.00 498.83 0.00 356.66 0.00 77,259.29 33623 0.00 72,316.20 0.00 4,943.09 0.00 608.14 33624 0.00 608.14 0.00 173.99 33625 0.00 173.99 0.00 62.76 33626 0.00 62.76 0.00 1,136.66 33627 0.00 1,136.66 0.00 510.00 33628 0.00 510.00 0.00 795.00 33629 0.00 795.00 0.00 250.00 33630 0.00 250.00 0.00 109.89 33631 0.00 109.89 0.00 170.00 33632 0.00 170.00 0.00 308.75 33633 0.00 308.75 0.00 3,024.00 33634 0.00 3,024.00 0.00 39.75 33635 0.00 39.75 0.00 371.00 33636 10/6/2025 10:07:26 AM Page 12 of 18 Check Report Date Range: 09/12/2025 - 10/03/2025 Vendor Number Vendor Name Payment Date Payment Type DiscountAmount Payment Amount Number Payable# Payable Type Post Date Payable Description DiscountAmount PayableAmount 87942595 Invoice 09/18/2025 Pre-employment 8/22/25 0.00 371.00 001585 Ocean Blue Environmental Services Inc 09/18/2025 Regular 0.00 1,482.24 33637 41796 Invoice 09/18/2025 Bio Hazard Clean up 0.00 1,482.24 002302 PCM Services Inc 09/18/2025 Regular 0.00 400.00 33638 001 Invoice 09/18/2025 Carb HD Testing #53 & #59 0.00 400.00 002336 PRIMAL RESPONSE TRAINING GROUP 09/18/2025 Regular 0.00 1,200.00 33639 00003 Invoice 09/18/2025 Red Dot Pistol Instructor- P. Krok & B. laip 0.00 1,200.00 000777 Prime Tire, Inc 09/18/2025 Regular 0.00 570.00 33640 92137 Invoice 09/18/2025 PW #75 0.00 570.00 000811 Red Wing Business Advantage 09/18/2025 Regular 0.00 250.00 33641 20250821027657 Invoice 09/18/2025 Boots - V. Ustler 0.00 250.00 002073 Selkirk Sport 09/18/2025 Regular 0.00 1,091.72 33642 51-1581849 Invoice 09/18/2025 Sports equipment 0.00 1,091.72 000904 Southern Calif. Edison 09/18/2025 Regular 0.00 20,851.26 33643 700009027411/9 Invoice 09/18/2025 Services 8/4/25-9/2/25 0.00 27.14 700012739477/9 Invoice 09/18/2025 Services 8/4/25-9/2/25 0.00 326.26 700021107850/9 Invoice 09/18/2025 Services 8/12/25-9/10/25 0.00 202.22 700064744918/9 Invoice 09/18/2025 Services 8/5/25-9/3/25 0.00 31.16 700130182532/8 Invoice 09/18/2025 Services 8/1/25-8/31/25 0.00 18,069.86 . 700599157829/9 Invoice 09/18/2025 Services 8/4/25-9/2/25 0.00 1,831.89 700634057116/9 Invoice 09/18/2025 Services 8/12/25-9/10/25 0.00 362.73 001447 Suzanne Hanh Watts 09/18/2025 Regular 0.00 1,326.00 33644 455247 Invoice 09/18/2025 Instructor services 8/1/25-9/1/25 0.00 1,326.00 000970 TASC- Client Invoice 09/18/2025 Regular 0.00 236.66 33645 IN3538296 Invoice 09/18/2025 FSA 8/2025 0.00 236.66 001660 United States Lifesaving Association 09/18/2025 Regular 0.00 980.00 33646 4744 Invoice 09/18/2025 National lifeguards championships 0.00 980.00 001037 Verizon Wireless 09/18/2025 Regular 0.00 1,511.83 33647 6122452604 Invoice 09/18/2025 Services 8/2/25-9/1/25 0.00 1,511.83 002337 WENDY HA 09/18/2025 Regular 0.00 400.00 33648 W54012 Invoice 09/18/2025 Wellness Reimbursement Program FY 25/ 0.00 400.00 000084 Battery Systems Inc 09/24/2025 Regular 0.00 776.99 33649 28882508250950 Invoice 09/25/2025 I'D #4107 0.00 377.65 7682260 Invoice 09/25/2025 PW #50 &Stock 0.00 399.34 000123 BrightView Landscape Services Inc. 09/24/2025 Regular 0.00 3,900.00 33650 9493707 Invoice 09/25/2025 Vines removal services 0.00 3,900.00 000224 Complete Paperless Solutions LLC 09/24/2025 Regular 0.00 24,500.00 33651 4553 Invoice 09/25/2025 Laserriche Renewal 0.00 24,500.00 001197 Gold Coast K9/K9 Services LLC 09/24/2025 Regular 0.00 2,000.00 33652 SBPD - 94 Invoice 09/25/2025 K9 Maint. Training 7/2025 0.00 1,000.00 SBPD-95 Invoice 09/25/2025 K9 Maint. Training 8/2025 0.00 1,000.00 001882 GoTo Communucations Inc. 09/24/2025 Regular 0.00 3,166.81 33653 IN7104179302 Invoice 09/25/2025 Services 9/2025 0.00 3,166.81 001838 Granicus LLC 09/24/2025 Regular 0.00 9,240.00 33654 211895 Invoice 09/25/2025 Agenda Management Software 0.00 9,240.00 000425 H. Barber & Sons, Inc. 09/24/2025 Regular 0.00 1,321.80 33655 10/6/2025 10:07:26 AM Page 13 of 18 Check Report Vendor Number Payable rr BL40833 001446 10179 001596 1619929 000953 102142 001073 INV0004477 INV0004478 INV0004479 000191 INV0004474 000714 INV0004480 000873 INVOOD4498 001023 INV0004481 INV0004482 001190 October 2025 000260 October 2025 000491 October 202 000516 October 2025 000542 October 2025 000554 October 2025 000586 October 2025 000587 October 2025 001204 October 2025 000704 October 2025 000745 October 2025 000023 October 2025 000680 Vendor Name Payable Type Post Date Invoice 09/25/2025 (Water Inc Invoice 09/25/2025 Logo Sportswear Inc Invoice 09/25/2025 Surfside Colony Ltd Invoice 09/25/2025 California State Distribution Unit Invoice 09/19/2025 Invoice 09/19/2025 Invoice 09/19/2025 City Employees Associates Invoice 09/19/2025 OCEA Invoice 09/19/2025 Seal Beach Police Management Association Invoice 09/19/2025 US Bank Invoice 09/19/2025 Invoice 09/19/2025 Anthony Febbriello Invoice 10/02/2025 Daniel Dorsey Invoice 10/02/2025 James F Groos Invoice 10/02/2025 Jill Maiten Invoice 10/02/2025 Joseph Miller IV Invoice 10/02/2025 Karen Walton Invoice 10/02/2025 Lee Gardner Invoice 10/02/2025 Lee Whittenberg Invoice 10/02/2025 Michael Uggla Invoice 10/02/2025 Norberto Masangkay Invoice 10/02/2025 Pam Sides Invoice 10/02/2025 Raul Ahumada Invoice 10/02/2025 Robert Mullins Payment Date Payment Type Payable Description Parts for Barber Surf Rake 894 09/24/2025 Regular iWater infraMAP Annual Subscription Ren 09/24/2025 Regular Adult Sports League Prizes 09/24/2025 Regular Services 9/2025 09/29/2025 Regular Child Support Child Support Child Support 09/29/2025 Regular Union Dues 09/29/2025 Regular Union Dues 09/29/2025 Regular Union Dues 09/29/2025 Regular PARS Retirement PARS Retirement 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Retiree Medical Reimb. - October 2025 10/02/2025 Regular Date Range: 09/12/2025-10/03/2025 DiscountAmount Payment Amount Number DiscountAmount Payable Amount 0.00 1,321.80 0.00 9,500.00 33656 0.00 9,500.00 0.00 255.83 33657 0.00 255.83 0.00 3,854.11 33658 0.00 3,854.11 0.00 1,867.83 33659 0.00 372.46 0.00 230.76 0.00 1,264.61 0.00 129.22 33660 0.00 129.22 0.00 242.36 33661 0.00 242.36 0.00 600.00 33662 0.00 600.00 0.00 4,361.52 33663 0.00 3,605.50 0.00 756.02 0.00 329.56 33664 0.00 329.56 0.00 476.00 33665 0.00 476.00 0.00 57.00 33666 0.00 57.00 0.00 199.55 33667 0.00 199.55 0.00 2,161.47 33668 0.00 2,161.47 0.00 726.50 33669 0.00 726.50 0.00 372.99 33670 0.00 372.99 0.00 785.34 33671 0.00 785.34 0.00 185.00 33672 0.00 185.00 0.00 169.11 33673 0.00 169.11 0.00 157.82 33674 0.00 157.82 0.00 158.25 33675 0.00 158.25 0.00 1,687.54 33676 .po/mLJ IU:U/:Lb AM Page 14 of 18 Check Report Vendor Number Vendor Name Payment Date Payment Type Payable# Payable Type Post Date Payable Description October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000823 Robert Stanzione 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000915 Stacy Picascia 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000937 Steve Staley 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 000938 Steve Stockett 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 001000 Tom Brayton 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 001040 Vicki Shirley 10/02/2025 Regular October 2025 Invoice 10/02/2025 Retiree Medical Reimb. - October 2025 Total Regular Date Range: 09/12/2025 -10/03/2025 DiscountAmount PaymentAmount Number Discount Amount Payable Amount 0.00 1,687.54 0.00 284.25 33677 0.00 284.25 0.00 426.70 33678 0.00 426.70 0.00 426.70 33679 0.00 426.70 0.00 349.34 33680 0.00 349.34 0.00 329.82 33681 0.00 329.82 0.00 105.59 33682 0.00 105.59 0.00 2,461,600.81 1/bf LUlb 1U:U7:26 AM Page 15 of 18 Check Report Date Range: 09/12/2025 -10/03/2025 Vendor Number Payable# Payment Type: Vendor Name Payable Type Post Date Bank Draft Payment Date Payment Type Payable Description DlscountAmount PaymentAmount Dismount Amount PayableAmount Number 000149 CALPERS 10000001803467 Invoice 09/04/2025 09/23/2025 Bank Draft GASB 68 Reports & Schedules 6/30/25 0.00 0.00 700.00 700.00 DFT0004658 OOD460 INV0004469 ICMA Invoice 09/19/2025 09/19/2025 Bank Draft Defer Comp Employee Contribution 0.00 0.00 18,280.72 18,280.72 DFT0004705 000460 INV0004470 ICMA Invoice 09/19/2025 09/19/2025 Bank Draft Defer Comp Employee Contribution 0.00 0.00 2,419.99 2,419.99 DFTOW4706 000460 INV0004471 ICMA Invoice 09/19/2025 09/19/2025 Bank Draft Defer Comp Employer Contribution 0.00 0.00 5,012.12 5,012.12 DFT0004707 000460 INV0004472 ICMA Invoice 09/19/2025 09/19/2025 Bank Draft Defer Comp Employer Contribution 0.00 0.00 780.00 780.00 DFT0004708 000200 INV0004475 City of Seal Beach Invoice 09/19/2025 09/19/2025 Section 125 Plan Bank Draft Payable 0.00 0.00 1,098.58 1,098.58 DFT0004709 000200 INVD004476 City of Seal Beach Invoice 09/19/2025 09/19/2025 Section 125 Plan Bank Draft Payable 0.00 0.00 1,618.94 1,618.94 DFT0004710 000787 INV0004483 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 7,375.80 7,375.80 DFT0004711 000787 INV0004484 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 13,464.72 13,464.72 DFT0004712 000787 INV0004485 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 12,180.14 12,180.14 DFT0004713 000787 INV0004486 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 12,196.06 12,196.06 DFT0004714 000787 INV0004487 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 590.98 590.98 DFT0004715 000787 INV0004488 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 479.93 479.93 DFT0004716 000787 INV0004489 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 6,800.73 6,800.73 DFT0004717 000787 INV0004490 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 620.00 620.00 DFT0004718 000787 INV0004491 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 639.66 639.66 DFT0004719 000787 INV0004492 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 633.59 633.59 DFT0004720 000787 INV0004493 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 48,071.98 48,071.98 DFT0004721 000787 INV0004494 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 15,755.54 15,755.54 DFT0004722 000787 INV0004495 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 13,117.20 13,117.20 DFT0004723 000787 INV0004496 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 13,533.34 13,533.34 DFT0004724 000787 INV0004497 Public Employees Retirement System Invoice 09/19/2025 09/19/2025 PERS Retirement Bank Draft 0.00 0.00 244.10 244.10 DFT0004725 10/6/2025 10:07:26 AM Page 16 of 18 Check Report Vendor Number Vendor Name Payable M Payable Type Post Date 000787 Public Employees Retirement System INV0004501 Invoice 09/19/2025 000349 Employment Development Dept. INVOD04502 Invoice 09/19/2025 000470 Internal Revenue Service 1 INV0004503 Invoice 09/19/2025 000787 Public Employees Retirement System INV0004504 Invoice 09/19/2025 Payment Date Payment Type Payable Description 09/19/2025 Bank Draft PERS Retirement 09/19/2025 Bank Draft State Taxes 09/19/2025 Bank Draft Federal Taxes 09/19/2025 Bank Draft PERS Retirement Total Bank Draft: Date Range: 09/12/2025 -10/03/2025 DlscountAmount PaymentAmount Number DiscountAmount Payable Amount 0.00 98.58 DFT0004726 0.00 98.58 0.00 30,561.42 DFTOD04727 0.00 30,561.42 _ 0.00 95,010.65 DFT0004728 0.00 95,010.65 0.00 13.62 DFT0004732 0.00 13.62 0.011 301,298.39 Discount Bank Code APBW General Summary 0.00 Payable Payment Payment Type Count Count Regular Checks 247 146 Manual Checks 0 0 Voided Checks 0 1 Bank Drafts 26 26 EFT's 178 90 451 263 Date Range: 09/12/2025 -10/03/2025 DlscountAmount PaymentAmount Number DiscountAmount Payable Amount 0.00 98.58 DFT0004726 0.00 98.58 0.00 30,561.42 DFTOD04727 0.00 30,561.42 _ 0.00 95,010.65 DFT0004728 0.00 95,010.65 0.00 13.62 DFT0004732 0.00 13.62 0.011 301,298.39 Discount Payment 0.00 2,461,980.81 0.00 0.00 0.00 -380.00 0.00 301,298.39 0.00 434,766.01 0.00 3,197,665.21 10:07:26 AM Page 17 of 18 Check Report Date Range: 09/12/2025 - 10/03/2025 10/6/2025 10:07:26 AM Page 18 of 18 All Bank Codes Check Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 247 146 0.00 2,461,980.81 Manual Checks 0 0 0.00 0.00 Voided Checks 0 1 0.00 -380.00 Bank Drafts 26 26 0.00 301,298.39 EFT's 178 90 0.00 434,766.01 451 263 0.00 3,197,665.21 Fund Summary Fund Name Period Amount 999 Pooled Cash Fund 9/2025 3,156,740.96 999 Pooled Cash Fund 10/2025 40,924.25 3,197,665.21 Date Range: 09/12/2025 - 10/03/2025 10/6/2025 10:07:26 AM Page 18 of 18 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Second Reading and Adoption of Ordinance 1720 SUMMARY OF REQUEST: That the City Council conduct a second reading, by title only, and adopt Ordinance 1720 titled "An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City's Cross -Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act." BACKGROUND AND ANALYSIS: At its meeting on September 22, 2025 the City Council approved the introduction of Ordinance 1720, "An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City's Cross -Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act." This item is to conduct a second reading and adopt Ordinance 1720 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: The Community Development Department has determined that the Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City's water supply. The Ordinance is also not a project under CEQA because it will have no physical impact on the environment, Agenda Item C and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review. LEGAL ANALYSIS: The proposed Ordinance has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council conduct a second reading, by title only, and adopt Ordinance 1720 titled "An Ordinance of the City of Seal Beach Amending Sections 9.35.005 and 9.35.090 of the Seal Beach Municipal Code Updating the City's Cross -Connection Program and Finding the Ordinance to Be Exempt from the California Environmental Quality Act." SUBMITTED BY: Gloria D. Yfarper Gloria D. Harper, City Clerk NOTED AND APPROVED: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Ordinance 1720 Page 2 ORDINANCE 1720 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 9.35.005 AND 9.35.090 OF THE SEAL BEACH MUNICIPAL CODE UPDATING THE CITY'S CROSS -CONNECTION PROGRAM AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in accordance with Health and Safety Code Section 116407, on December 19, 2023, the State Water Resources Control Board (State Water Board) adopted a Cross -Connection Control Policy Handbook (CCCPH) to establish standards and principles for California's public water systems relating to cross -connection control and backflow prevention, effective July 1, 2024, which replaces regulations previously contained in Title 17 of the California Code of Regulations; and, WHEREAS, the State Water Board updated the CCCPH on June 17, 2025; and, WHEREAS, the purpose of this Ordinance is to update the City's cross -connection control program in accordance with the CCCPH to further protect the City's public water system from the risk of backflow and to ensure compliance with the updated state regulations and other requirements of federal and state law, as may be amended from time to time. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 9.35.005 (Definitions) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: "§ 9.35.005. Definitions. A. For the purpose of this chapter, the following words and phrases shall mean: Approved Water Supply: a water source that has been approved by the California State Water Resources Control Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to Section 116525 of the California Health & Safety Code, as may be amended from time to time. Backflow: an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system's distribution system or approved water supply. Backflow prevention assembly or BPA: a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated. Cross -connection: any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Cross -Connection Control Policy Handbook or CCCPH: the Cross -Connection Control Policy Handbook adopted by the California State Water Resources Control Board pursuant to California Health and Safety Code Section 116407, as may be amended. -1- 57296-0001\3168556v1.doc Cross -Connection Control Specialist: a person certified as a cross -connection control specialist by the California -Nevada Section of the American Water Works Association (AWWA) or other organization recognized by the State Water Board, in accordance with the requirements of the Cross -Connection Control Policy Handbook (CCCPH), to manage and implement the cross -connection control plan and evaluate the hazards inherent in supplying a customer's water system. Designated Irrigation Days: even -numbered days shall be the designated irrigation days for properties having an address ending in an even number; odd -numbered days shall be the designated irrigation days for properties having an address ending in an odd number. Director: Director of Public Works or the designee thereof. Local Health Agency: Orange County Health Care Agency. State Water Board: the California State Water Resources Control Board. Water User: a person who obtains water from the city water system. B. Any word or phrase used in this chapter that is defined in the Health and Safety Code Section 116275, or in the current Cross Connection Control Policy Handbook (CCCPH), and not defined in subsection A shall have the meaning set forth in such state law provision and/or the current CCCPH." Section 2. Section 9.35.090 (Cross -Connection Program) of Chapter 9.35 (Water) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code (SBMC) is hereby amended in its entirety to read as follows: "§ 9.35.090. Cross -Connection Control Management Program. A. No person shall make or maintain a cross -connection with the city water system. B. Backflow prevention assemblies (BPAs) shall be installed on each property that has any of the following: 1. A substance, other than an auxiliary water supply approved by the director and local health agency as an additional source, that is handled in such fashion as may allow entry into the city water system. 2. Internal cross -connections that cannot be permanently controlled to the satisfaction of the director and the local health agency. 3. Intricate piping arrangements making it impracticable to ascertain the existence of cross -connections. 4. A high probability of hazardous cross -connections. 5. The type and use of materials handled and present, or likely to be, on the user premises. 6. Conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water -demand situations, multiple service connections that results in flow- through conditions, etc.) 7. User premises accessibility concerns or constraints. -2- C. No backflow prevention assembly shall be removed, relocated or replaced without the prior written approval of the director. The director may condition any approval to ensure that the removal, relocation or replacement is not detrimental to the public health, safety or welfare. D. The City Council shall from time to time by resolution adopt cross - connection standards that further establish the City's requirements for design, construction, installation, and maintenance of backflow prevention assemblies, in order to comply with and implement the requirements of the Cross -Connection Control Policy Handbook, as may be amended. E. The Director shall maintain policies and procedures consistent with the purpose of this section, and appoint at least one person certified as a Cross -Connection Control Specialist or designee to administer the provisions of this section, and any other rules and regulations adopted by the City pursuant to this section. F. Any water user shall comply with all provisions of this section, the City's cross -connection control standards, and any permit or order of the director issued in accordance therewith. G. The City may discontinue or refuse to supply water and/or sewer service to any premises that is not in strict compliance with (i) the requirements of this section, any rules, regulations, permit or order issued under the authority of this section, or (ii) if it is found that a required backflow prevention assembly has been removed, bypassed, or otherwise modified, or (iii) if unprotected cross-connection(s) otherwise exist on the premises. The director may summarily terminate water service to a property if necessary to eliminate a clear and immediate hazard to the city water system. The director shall afford the water user a hearing on the necessity for such termination if a request is filed within 10 days of the termination. The director may, following reasonable notice and an opportunity for a hearing, terminate water service to a property when there is a non - immediate hazard to the city water system or other violation of this section or applicable rules, regulations or conditions of any permit or order. The City may refuse to restore such service to the premises until the cross - connection is controlled through the proper installation and testing of an approved backflow prevention assembly and all other violations are eliminated. H. In addition to the foregoing, any violation of this section shall be subject to the penalties and remedies set out in this section and Chapter 1.15 of this code." Section 3. California Environmental Quality Act Exemption. The City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, because it would not result in any physical impacts to the environment and will provide for greater environmental protection by preventing contamination of the City's water supply. This Ordinance is therefore exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., (CEQA) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to Section 15061(b)(3) of the CEQA Guidelines. This Ordinance is also not a project under CEQA because it will have no physical impact on the environment, and pursuant to CEQA Guidelines Section 15060(c)(3) is also not subject to further environmental review. Section 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. -3- Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 6. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 7. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025. AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1720 was introduced for first reading at a regular meeting held on the 22nd day of September 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk -4- U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Shaun Temple, Interim Community Development Director SUBJECT: Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, Inc. SUMMARY OF REQUEST: That the City Council adopt Resolution 7699: 1. Approving Amendment 1 to the Professional Services Agreement for continued temporary staffing services with Sagecrest Planning and Environmental authorizing a four-month term extension through and including June 30, 2026, and an increase in compensation of $209,000 for a revised total not -to -exceed amount of $250,000 for the term; and, 2. Authorizing and directing the City Manager to execute Amendment 1 on behalf of the City. BACKGROUND AND ANALYSIS: Recently, the Planning Manager of the City of Seal Beach (City) was temporarily assigned as the Interim Community Development Director as a result of the Community Development Director vacancy. The City entered into a Professional Services Agreement with Sagecrest Planning and Environmental, a California corporation (Sagecrest) on August 13, 2025, for a term commencing August 13, 2025 and expiring February 28, 2026, to provide temporary staffing support services for a contract part-time Planning Manager. Since that time, a second vacancy has occurred in the Community Development Department with the departure of the Assistant Planner. Given the small size of the Planning Division, without Council action to continue services through Sagecrest, there would effectively be two vacancies within the three-person Planning Division. Each vacancy can be impactful in providing excellent customer service, which is a core value of the City, as the planning staff works directly with the public on issues related to land use for residential and business owners. Agenda Item D The City is currently carrying out recruitments to fill the vacant positions. Amendment 1 authorizes Sagecrest to provide part-time Planning Manager services and part-time Assistant Planner services during those vacancies through the end of the fiscal year, June 30, 2026 to ensure continuity of service, while the recruitment process moves forward to fill the full time positions; and also provides budgetary authority to fund those continued services for the extended term. Once either position is filled, the corresponding part-time services will be concluded. The contract amount will be entirely absorbed from the salary savings of the two vacancies resulting in no additional financial impacts to the City. ENVIRONMENTAL IMPACT: The proposed Amendment 1 to the Professional Services Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which states that CEQA only applies to projects that have potential for causing a significant effect on the environment. Approval of Amendment 1 will not have a significant effect on the environment. LEGAL ANALYSIS: This item has been reviewed and approved as to form. FINANCIAL IMPACT: Due to two vacancies within the Community Development Department and salary savings, Amendment 1 will be absorbed in the Community Development FY 25-26 budget. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7699: Approving Amendment 1 to the Professional Services Agreement for temporary staffing services with Sagecrest Planning and Environmental, authorizing a four-month term extension through June 30, 2026, and authorizing an increase in compensation of $209,000 for a revised total not - to -exceed amount of $250,000 for the term; and, 2. Directing the City Manager to execute Amendment 1 on behalf of the City. Page 2 SUBMITTED BY: Shaun Temple Shaun Temple, Interim Community Development Director NOTED AND APPROVED: Prepared by: Megan Coats, Management Analyst ATTACHMENTS: A. Resolution 7699 B. Amendment 1 to the Professional Planning and Environmental, Inc. C. Professional Services Agreement Environmental Patrick Gallegos Patrick Gallegos, City Manager Services Agreement with Sagecrest Page 3 with Sagecrest Planning and RESOLUTION 7699 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SAGECREST PLANNING AND ENVIRONMENTAL, INC. WHEREAS, the City of Seal Beach entered into a Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (Sagecrest) on August 13, 2025, to provide temporary staffing support for the Building and Planning Division due to a staff vacancy, through February 28, 2026; and, WHEREAS, a second vacancy has occurred in the Division; and, WHEREAS, although active recruitment for permanent staff is underway, contracted temporary part-time support remains necessary to ensure continuity of service until permanent staff can be secured; and, WHEREAS, Sagecrest offers highly qualified professionals proficient in maintaining service levels and minimizing disruptions to project timelines, permit processing, project reviews, and public services; and, WHEREAS, City and Consultant wish to amend the Agreement to extend the term by four months through June 30, 2026, and to increase Consultant's compensation by the amount of $209,000, for a revised total not -to -exceed contract amount $250,000 for the term. NOW, THEREFORE, the Seal Beach City Council does hereby resolve, declare, determine and order as follows: Section 1. The City Council hereby approves Amendment 1 to the Professional Services Agreement with Sagecrest Planning and Environmental, extending the term through June 30, 2026, and approving an increase in compensation of $209,000 for a revised total not -to -exceed amount of $250,000 for the term. Section 2. The Council hereby directs the City Manager to execute Amendment 1 on behalf of the City. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October, 2025 by the following vote: AYES: Council Members 0 to] : 11111111111104 67 M, I LVA rA M11 STM 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 7699 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025. Gloria D. Harper, City Clerk PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 for Temporary Planning Staff Services Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Sagecrest Planning and Environmental 27128 Paseo Espada Suite, 1524 San Juan Capistrano, CA 92675 This Amendment No. 1 dated October 13, 2025, amends that certain agreement (Agreement) made as of August 13, 2025 by between Sagecrest Planning and Environmental ("Consultant'), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional planning services. B. City and Consultant wish to amend the Agreement for Consultant to extend the executed document from February 28, 2025, for a four-month extension to conclude on June 30, 2026, and to increase the executed agreement for an additional $209,000 for continued services. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the August 13, 2025 Agreement is hereby amended for a four-month extension to expire June 30, 2026, to read as follows: The term of this Agreement shall commence on August 19, 2025 and shall remain in full force and effect until June 30, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. Section 2. Section 3.0 (Consultant Compensation) of the August 13, 2025 Agreement is hereby amended to increase by $209,000, the contract amount to $250,000, to read as follows: City will pay Consultant in accordance with the hourly rates and fees shown on the fee schedule set forth in Exhibit A for all Services and expenses incurred in the performance of this Agreement, but in no event will the City pay more than the total not -to -exceed amount of $250,000 (two hundred fifty thousand dollars) for the Term, except as otherwise authorized pursuant to Section 3.2 hereunder. Section 3. All references to the term "Agreement" throughout Sections 1.0 through 35.0 inclusive, of the Agreement are hereby modified to include the this Amendment No. 1, dated October 13, 2025, as if all of those terms are fully set forth therein. Section 4. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. 2 of 3 Section 5. The person executing this Amendment No. 1 on behalf of Consultant warrants that he or she is fully authorized to execute this Amendment No. 1 on behalf of said Party, and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Patrick Gallegos, City Manager Attest: 0 Gloria D. Harper, City Clerk Approved as to Form: By: %6- Nicholas Ghirelli, City Attorney CONSULTANT: Sagecrest, a California Corporation By: Name: Am u Its: President By: Name: AAm �\ u Its: Secret (Please note, two signatures required for corporations pursuant to California Corporation 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.) 3 of 3 PROFESSIONAL SERVICES AGREEMENT for Temporary Planning Staff Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Sagecrest Planning and Environmental 27128 Paseo Espada, Suite 1524 San Juan Capistrano, CA 92675 This Professional Service Agreement ("the Agreement") is made as of August 13, 2025 to be effective as of August 19, 2025 (the "Effective Date"), by and between Sagecrest Planning and Environmental ("Consultant"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). City of Seal Beach Professional Services Agreement RECITALS A. City desires certain professional planning services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), the City desires to retain Consultant as an independent contractor to provide 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 licensed and professional planning professionals and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant's Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, all to City's reasonable satisfaction. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and the "Scope of Services", Exhibit A, includes the Proposal, which is incorporated herein by this reference, together with any additional City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (if any); and then (v) Exhibit D (if any); and then (vi) the RFP; and then (vii) the Proposal, shall govern. In the event there is any conflict 2 of 21 City of Seal Beach Professional Services Agreement between the Agreement, on the one hand, and any of the Exhibits, the Proposal on the other hand, the Agreement shall govern. 1.3. Standard of Care. 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 generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law... 1.6. Additional Services. 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. Original Term. The term of this Agreement shall commence on August 19, 2025, and shall remain in full force and effect until February 28, 2026, unless sooner terminated as provided in Section 5.0 of this Agreement. 3of21 City of Seal Beach Professional Services 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 $41,000 (Forty -One Thousand Dollars) for the original Term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 4of21 City of Seal Beach Professional Services Agreement 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City's acknowledgment of receipt of Consultant's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Amy Vazquez is the Consultant's primary representative for purposes of this Agreement. Amy Vazquez 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 5 of 21 City of Seal Beach Professional Services Agreement To Consultant: Sagecrest Planning and Environmental 27128 Paseo Espada Suite 1524 San Juan Capistrano, CA 92675 Attn: Amy Vazquez 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except (i) as otherwise required for the performance of Services on City real property, vehicles or equipment; (ii) 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 (iii) as may 6of21 City of Seal Beach Professional Services Agreement be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), 7 of 21 City of Seal Beach Professional Services Agreement commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS, as amended from time to time. 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 PERIL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11, 1. 8of21 City of Seal Beach Professional Services Agreement 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such 9of21 City of Seal Beach Professional Services Agreement authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but 10 of 21 City of Seal Beach Professional Services Agreement expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as 11 of 21 City of Seal Beach Professional Services Agreement broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 12 of 21 City of Seal Beach Professional Services Agreement 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of 13 of 21 City of Seal Beach Professional Services Agreement subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be 14 of 21 City of Seal Beach Professional Services Agreement entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 15 of 21 City of Seal Beach Professional Services Agreement 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, 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, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employee, applicants for employment, contractors, subcontractors or subconsultants because of race, 16 of 21 City of Seal Beach Professional Services Agreement religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against any of City's elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any such basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 22.0 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. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 17 of 21 City of Seal Beach Professional Services Agreement 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 18 of 21 City of Seal Beach Professional Services Agreement business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 19 of 21 City of Seal Beach Professional Services Agreement 31.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.0 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. 36.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 20 of 21 City of Seal Beach Professional Services Agreement CITY OF SEAL BEACH By: �`t c�-�- Patrick Gallegos, City Manager Attest: Approved as to Form: By: Nicholas Ghirelli, City Attorney City of Seal Beach Professional Services Agreement CONSULTANT: Sagecrest Planning and Environmental, a California Corporation By: Name: Amy 1j z u Its: President it By dName: Am uez Ic ts. Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 21 of 21 EXHIBIT SCOPE OF SERVICES (Consultant's Proposal for On -Call Professional Planning Services, dated August 7, 2025) City of Seal Beach Professional Services Agreement 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. City of Seal Beach Professional Services Agreement 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 ollows: "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 City of Seal Beach Professional Services Agreement 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 elected and appointed 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. City of Seal Beach Professional Services Agreement SAGECREST PLANNING + ENVIRONMENTAL PREPARED BY Amy Vazquez, President avazquez@sagecrestplanning.com 949.996.SAGE (7243) www.sagecrestplanning.com 27128 Paseo Espada, Suite 1524, San Juan Capistrano, CA 92675 oo❑ SAGECREST TABLE OF CONTENTS SAGECREST BACKGROUND......................................................................................1 APPROACH/SCOPE OF SERVICES.............................................................................2 KEYPERSONNEL..........................................................................................................4 CURRENT CLIENT LISTs .................................................................................................... BILLING RATES SHEET...................................................................................................6 ATTACHMENT A — RESUME August 7, 2025 City of Seal Beach Alexa Smittle, Community Development Director/Interim Assistant City Manager 211 Eighth Street Seal Beach, CA 90740 SUBJECT: PROPOSAL FOR ON-CALL PROFESSIONAL PLANNING SERVICES Sagecrest Planning + Environmental (Sagecrest) is pleased to submit this proposal to the City of Seal Beach (City) for On -Call Professional Planning Services. Sagecrest provides on-call planning and environmental review services to local jurisdictions throughout California. Sagecrest is an award winning, full service, professional planning firm providing long range and current planning, land use, and environmental consulting to public agencies throughout California. Founded in 2017, the Sagecrest team has over 80 years of combined experience in discretionary case processing; preparation and review of zoning codes, specific plans, general plans, and other planning documents; code compliance; project management; and environmental analysis, documentation, and review. Our planners have all worked in various positions for local jurisdictions. We have the experience needed to provide many of the as needed professional planning services desired by the City, including but not limited to current and long range planning, special project services, planning staff augmentation, entitlement processing, and environmental document preparation. Sagecrest delivers the highest level of service with proactive solutions, ongoing communication, and dependable coordination. We adapt our services to the City's needs and complement its in-house resources as an extension of City staff. Our planners are trained in the latest planning, zoning and environmental legislation and case law and are adept at using public counter permit tracking and GIS systems. Sagecrest looks forward to your favorable review of our team's qualifications and scope of work. If you require additional information or would like to further discuss our qualifications, please contact me directly by phone at 714.914.5605 or via email at avazquez@sagecrestplanning.com. Respectfully, ��7y, Amy Vazquez, President opo 0 SAGECREST SAGECREST BACKGROUND Sagecrest, a California Corporation, is comprised of a diverse group of 15 planners and other professionals with expertise in urban planning and design, environmental analysis, public policy, and project management. The Sagecrest team not only has extensive experience as municipal agency staff but as environmental planners, which gives us insight into the interdisciplinary coordination required to deliver the service that other consulting firms may not provide. Sagecrest delivers the highest level of service with proactive solutions, ongoing communication, and dependable coordination. We adapt our services to the City's needs and complement in-house resources as an extension of City staff. Our planners are trained in the latest planning, zoning and environmental legislation, and case law, and are adept at using public counter permit tracking and GIS systems. Our team is recognized for the collaborative and insightful approach that results in high quality work and proven results. We take pride in the acknowledgments and recognition earned by the American Planning Association (APA) for the following: • 2018 Emerging Planning & Design Firm by the Orange Section • 2019 Grassroots Initiative Award by the APA California Chapter and the Orange Section • 2024 Award of Excellence for Urban Design by the Orange Section for Sagecrest's work with the OCVIBE project • 2025 Award of Merit in Planning Excellence by the Inland Empire Section for the creation of Density Bonus Guidelines for the City of Perris • 2025 Award of Merit in Communications Initiative and Outreach for the City of La Mirada Housing For All project Sagecrest has provided professional on-call planning services to multiple jurisdictions throughout California since 2017. Our corporate office is located at 27128 Paseo Espada, Suite 1524, San Juan Capistrano, CA, 92675, where our team maintains regular office hours. We are available for in-person coordination or remote meetings with City staff and applicants. Our planners are available via phone, email, and/or Microsoft Teams during business hours. We are also available for meetings outside of business hours, such as public meetings, as needed. Progress updates on assigned projects and tasks will be provided at the frequency desired by City staff and based on the complexity and/or sensitivity of the project. City of Seal Beach — On -Call Professional Planning Services ❑❑o I SAGECREST APPROACH/SCOPE OF SERVICES Sagecrest will assign professional planners with the appropriate skillset based on the needs and direction of the City. Utilizing their knowledge and extensive professional planning experience in the public sector, Sagecrest planners find practical solutions to meet our client's needs. Our planners are well versed in implementing zoning codes and ensuring compliance with General Plan goals, plans, and policies. Additionally, our planners are experienced in working with decision -makers, community groups, and other stakeholders. With our extensive experience and focus on supporting public agencies, Sagecrest is uniquely qualified to deliver high-quality environmental and planning services. We have assembled an exceptional team of planners. We employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match for the needs of the City. We ensure this high level of quality by employing the following practices: • Our planners have experience working for public agencies prior to working with us, allowing them to integrate seamlessly into department operations We know that our reputation is our most valuable asset. With that in mind, we do not overcommit our team and only accept work that our team has the qualifications to perform Our team maintains ongoing professional development and we provide extensive training in project management, land use law, CEQA, writing and public presentation skills The following is provided to summarize the services we are qualified to provide the City of Seal Beach: Provide Planning counter staffing at City Hall for general public, residents and permit applicants. Tasks may include, but are not limited to, high quality customer service and responsiveness, answer basic planning and zoning questions over-the-counter and/or via phone or email, review and approve over-the-counter permits, general inquiries, and conduct follow-up research as needed. • Process zoning verifications and various ministerial permits (i.e. business event permits, sign permits, etc.), home occupation certificates; receive/intake planning applications. • Perform plan check functions for various projects, review building permit applications for compliance with applicable zoning standards, regulations, policies, approved City of Seal Beach - On -Call Professional Planning Services W �S SAGECREST development plans, and conditions of approval. Minimum review turnaround times to be met as outlined in RFP. Serve or assist as the project coordinator for discretionary applications (i.e. site development permits, use permits, variances, zone text amendments, zone changes, general plan amendments, and general municipal code amendments) including application and plan review, coordination with other City departments and/or outside agencies, correspondence with applicants, background research, ensuring compliance with CEQA, and monitoring of project implementation to verify substantial conformance with approved plans, conditions of approval, and mitigation measures. • Prepare or assist with the preparation of technical planning staff reports, ordinances/resolutions, legal notices, CEQA documents, and presentations. • Participate in public hearings and presentations; prepare and present written and oral reports to community groups, Planning Commission, and City Council; develop recommendations and resolutions of determination; serve as staff support and liaison to the Planning Commission; occasionally attend evening and weekend meetings. • Conduct research independently on various land use and planning issues. • Conduct field evaluations and assessments to ensure projects comply with zoning codes, design regulations, and approved plans. • Working with a team of qualified subconsultants to prepare technical studies, Sagecrest prepares legally sound environmental documents in compliance with the California Environmental Quality Act (CEQA) for City projects, as well as private developments. This includes Notice of Exemptions, Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports. Due to the varied nature of environmental documents, a separate scope of work and cost proposal would be provided for each project. • Facilitate special projects and long-range planning initiatives such as surveys, study sessions on regulations under consideration, text amendments to adopt new regulations or modify existing regulations, general plan amendments, zone changes, and Housing Element implementation. • Provide technical review and assessment of historic resources. City of Seal Beach - On -Call Professional Planning Services KEY PERSONNEL AMY VAZQUEZ, PRESIDENT Bachelor of Arts, Environmental Analysis and Design o SAGECREST February 2017 - Present University of California, Irvine Amy has been a professional planner since 1999 and is the Owner and President of Sagecrest Planning + Environmental. She is an experienced city planner who has successfully managed several 4 large controversial projects throughout California. Amy will serve as the dedicated point of contact and contract officer for the services. ART BASHMAKIAN, AICP, PLANNING MANAGER May 2018 - Present Master of Urban and Regional Planning California State Polytechnic University Pomona Bachelor of Science, Anthropology/Geography California State Polytechnic University Pomona Art is an accomplished manager and experienced planning professional specializing in project management of complex projects. Art is capable and experienced in coordinating the work product of various divisions of the Planning and Community Development Departments. His strong managerial and leadership abilities have been applied to effectively hold office as Secretary of the Bellflower Planning Commission, Westminster Planning Commission, and the Burbank Planning Board. Full resume included as Attachment A. City of Seal Beach - On -Call Professional Planning Services ( _- I 6-u SAGECREST i G • FnV190MMEnlwl CURRENT CLIENT LIST The following is a partial list of current on-call professional planning services contracts Sagecrest maintains with other jurisdictions in Southern California. City of Seal Beach - On -Call Professional Planning Services Client..- of Work Lisa Flores, Planning and Community October City of Arcadia Development Administrator On-call planning 2022 - Present 626.574.5445 services Iflores@arcadiaca.gov March City of David Maistros, City Manager On-call 2023 - Present Avalon 310.510.0220 ext. 122 environmental and dmaistros@cifyofavalon.com planning services Irma Huitron, Director Community March City of Downey Development Department On-call environmental and 2019 - Present 562.904.7151 ihuitron@downeyca.or planning services City of Ricky Ramos November Huntington Principal Planner On-call planning 2017 - Present Beach 714.536.5271 services rramos@surfcity-hb.org David Contreras November City of Planning Manager On-call planning 2017 - Present Laguna Beach 949.497.0719 services dcontreras@lcgunabeachcity.net City of Jaime Murillo, AICP, Acting Deputy August Newport Community Development Director On-call planning 2017 - Present Beach 949.644.3210 consulting services imurillo@newportbeachca.gov June City of Rancho Cheryl Kuta, Assistant City Manger On-call planning 2019 - Present Santa Margarita 949.635.1816 ckufa@cityofrsm.org services December City of Joel Rojas, Director On-call planning 2022 - Present San Juan 949.443.6320 services Capistrano irojas@sanjuancapisfrano.org City of Cuong Nguyen, Acting Director of On-call July Santa o Fe Economic Development o and 2017 - Present Springs 562.868.0511 services cuongnguyen@santafesprings.orgplanning August g Cit of y Steve Franks, City Manager On-call planning and 2017 - Present Villa Park 714.998.1500 sfranks@villa ark.or building services City of Seal Beach - On -Call Professional Planning Services 000`� 0 SAGECREST BILLING RATES SHEET Billing for Contract Professional Services will be based on the time and materials needed to perform such services. Sagecrest will perform planning services based on the following breakdown of classification of hourly rates for key personnel as identified below: Reimbursable Expenses Expenses incurred will be billed at actual costs plus hourly rate, if applicable. Reimbursable expenses include, but are not limited to, reprographics, postage, certified mailings, office supplies such as flash drives, and application filing fees. Approval for necessary expenditures will be requested in advance from the City's designated Contract Officer. City of Seal Beach - On -Call Professional Planning Services aco a SAGECREST ATTACHMENT A - RESUME City of Seal Beach - On -Call Professional Planning Services 000 000 000 000 000 ooe 0 SAGECREST CANNING • ENVIRONME-At CERTIFICATIONS + SKILLS • American Institute of Certified Planners (AICP) • American Planning Associate (APA) Member • Accela • Adobe Acrobat • CEQA • EnerGOV • Microsoft Office • Trakit • Armenian - fluent EDUCATION Master of Urban and Regional Planning I B.S. Anthropology/Geography California State Polytechnic University, Pomona Art Bashmakian, AICP Planning Manager EXPERIENCE Sagecrest Planning + Environmental Director of Planning and Community Development Senior Planner/Senior Project Manager 1 2019 - Present Planning Services: Cities of Downey, Seal Beach, Hawthorne, Rancho Palos Verdes, Colton, Westminster and Artesia • Formulated recommendations to regulating bodies including Planning Commission, City Council and City Manager's Office. • Responsible for providing training, support, and supervision of Planning Department and Community Development team. • Coordinated the City's interdepartmental review of proposed projects. • Responsible for department budget and develop reports for the organization. • Interpreted and applied land use, environmental quality, subdivision, and general and residential development projects with the Zoning Ordinance. • Reviews and processes land use entitlements, including the site plan reviews, conditional use permits, variances, subdivisions, General Plan amendments, and zoning code amendment. • Provides technical guidance and workload direction to the Community Development and Building Department subconsultant staff. • Prepares CEQA documentation to evaluate environmental impacts including mitigated negative declarations and class 32 infill exemption checklists. • Drafted a new Accessory Dwelling Unit Ordinance and presented to Planning Commission and City Council. • Conducted research and provided statistical analysis for municipal legislative updates. • Prepared staff reports for various zoning and subdivision applications with recommendations. • Enhanced the Development Review System for improved customer service. • Managed the implementation of the Westminster Specific Plan. Contract Planner Contract Planner 1 2017 - 2019 Planning Services: Cities of San Juan Capistrano, Rancho Palos Verdes and Bradbury • Reviewed proposed development plans for compliance with City's General Plan, Zoning ordinance and design guidelines. • Coordinated the processing of Environmental Impact Reports and assist in the preparation of Specific Plans. • Prepared Planning Commission and City Council staff reports, resolutions and ordinances. EXPERIENCE CONTINUED Contract Planner Contract Planner 1 2017 - 2019 • Conducted various policy research projects including drafting an ADU Ordinance, preparation of development impact fee issue paper and other policy related inquiries. • Preparation of a Specific Plan to facilitate the development of 9 residential estate lots on 200 acres of hillside area. City of Bellflower Director of Planning and Building Services 1 2016 - 2017 • Administered Planning, Building and Safety and Code Enforcement Divisions, consisting of a team of 19 professionals. • Modified the planning application review process to facilitate economic revitalization of the City's downtown. • Developed regulations and application review procedures for Cannabis businesses ensuring the City grants permits only to the highest qualified applicants. • Streamlined the City's development review process - reducing processing time from 3 to 5 months to 1 to 2 months. City of Westminster Planning Manager 1 2005 - 2016 • Managed and administered all operational functions of the Planning Division consisting of six professional planners and one staff assistant. • Conducted community meetings/workshops and managed the City's General Plan update. • Improved the morale of the Planning Division and elevated the significance and importance of the planning process. • Managed the development and adoption of a Specific Plan (Moran Street) involving extensive outreach which was recognized and published in the American Planning Association's national Planning magazine. The outreach effort also garnered an award from the American Planning Association - California Chapter. City of Burbank Assistant Community Development Director/City Planner 1 2001 - 2005 Managed the Planning Division consisting of nine professional planners and three staff assistants. Conducted community meetings/workshops related the updating of the Land Use Element, and the development of a Hillside Ordinance and residential development standards. Participated in community meetings and town hall meetings associated with the development of Neighborhood Protection Plans and environmental issues related to the Burbank Airport. 000 0 ❑❑❑ ❑❑❑ ❑❑❑ ❑❑❑ SAGECREST PLANNING . ENYIRONMENTAI U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 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 SUMMARY OF REQUEST: That the City Council adopt Resolution 7700: Approving the transfer of the Public Works Superintendent classification's bargaining unit from the Seal Beach Supervisors & Professionals Association to the Mid -Management and Confidential Employees Association, retroactive to June 23, 2025, coinciding with the date of reclassification; and, 2. 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: 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 classification. At the time of adoption, the classification was placed in the Seal Beach Supervisors & Professionals Association (SBSPA). As the duties of the Public Works Superintendent more closely align with those represented by the Mid -Management and Confidential Employee Association (Mid -Management), which generally encompasses broader oversight and decision-making responsibilities, Mid -Management has expressed formal interest to incorporate this classification into its bargaining unit. Transition to the Mid - Agenda Item E Management Association will be retroactively approved as of June 23, 2025, coinciding with the date of reclassification. Staff concurs with the request from the Mid -Management Association. 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 2025-2026 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. RECOMMENDATION: That the City Council adopt Resolution 7700: 1. Approving the transfer of the Public Works Superintendent classification's bargaining unit from the Seal Beach Supervisors & Professionals Association to the Mid -Management and Confidential Employees Association, retroactive to June 23, 2025, coinciding with the date of reclassification; and, 2. Authorizing the City Manager, or designee, documents and take actions required to Superintendent in the new bargaining unit. NOTED AND APPROVED: Patrick,Gaffegos Patrick Gallegos, City Manager Prepared by: Jennifer Robles, Management Analyst Page 2 to execute all necessary classify the Public Works ATTACHMENTS: A. Resolution 7700 B. Mid -Management Association Memo C. Public Works Superintendent Job Specification Page 3 RESOLUTION 7700 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 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 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, WHEREAS, transition to the Mid -Management Association will be retroactively approved as of June 23, 2025, coinciding with the date of reclassification. 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, retroactively to June 23, 2025, coinciding with the date of reclassification. Section 2. 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 13th day of October 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 7700 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025. Gloria D. Harper, City Clerk MEMORANDUM To: Patrick Gallegos, City Manager From: Seal Beach Mid Managers Employee Association Date: October 7, 2025 Re: Transfer of the Public Works Superintendent into the Mid Managers Employee Association The Seal Beach Mid -Managers and Confidential Employee Association respectfully requests that the Public Works Superintendent classification be placed into the Mid - Managers bargaining group. Currently, the Public Works Superintendent is a member of the Supervisors and Professionals Association, however the job specification is more aligned with the Mid -Managers. The Mid -Managers Association feels this is the appropriate bargaining unit for this position. Members of the Mid -Managers unit have held a vote and voted in favor of accepting this new classification. The job specification of the Superintendent is more appropriate within the Mid -Mangers bargaining unit as this position is responsible for managing and evaluating multiple staff members within the organization. Additionally, this position is responsible for oversight of operations that falls outside of the traditional professionals specification. For these reasons the employee in this classification should be covered under the MOU governing the Mid -Mangers. The Mid -Managers Association is requesting the transition be retroactively approved as of June 23, 2025, in alignment with the date of reclassification. �E SEAL B Fq�y p Q 9 p Q OBER 27 c�NNTY, 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 GENERALPURPOSE 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. 1 • 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 • 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. I�esirahlP� • 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. 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. 4 U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Shaun Temple, Interim Director of Community Development SUBJECT: Second Reading and Public Hearing of Ordinance 1719 SUMMARY OF REQUEST: That the City Council: Waive further reading and read by title only, Ordinance 1719 Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and, 2. Adopt Resolution 7696, a Resolution of the City Council of the City of Seal Beach, California, Adopting Findings to Support Local Amendments to the 2025 California Building Standards Code Based on Local Climatic, Topographical, and Geological Conditions. BACKGROUND AND ANALYSIS: At its meeting on September 22, 2025 the City Council approved the introduction of Ordinance 1719, "Adopting by Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code with Certain Amendments, Additions and Deletions, Amending Title 9 of The Seal Beach Municipal Code, and Approving a CEQA Exemption Determination." This item is to conduct a second reading and adopt Ordinance 1719 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. Agenda Item F ENVIRONMENTAL IMPACT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15061(b)(3) of the State CEQA Guidelines. LEGAL ANALYSIS: The proposed Ordinance has been reviewed as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council: Waive further reading and read by title only, Ordinance 1719 Adopting By Reference the 2025 California Building Code, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, and 2025 California Fire Code, with Certain Amendments, Additions and Deletions, Amending Title 9 of the Seal Beach Municipal Code; and, 2. Adopt Resolution 7696, a Resolution of the City Council of the City of Seal Beach, California, Adopting Findings to Support Local Amendments to the 2025 California Building Standards Code Based on Local Climatic, Topographical, and Geological Conditions. SUBMITTED BY: Shaun Tempfe Shaun Temple, Interim Director of Community Development NOTED AND APPROVED: Patrick Galleogs Patrick Gallegos, City Manager Prepared by: Ayla Jefferson, Building Official Page 2 ATTACHMENTS: A. Ordinance 1719 B. Resolution 7696 Page 3 ORDINANCE 1719 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, AND 2025 CALIFORNIA FIRE CODE WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, AMENDING TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE, AND APPROVING A CEQA EXEMPTION DETERMINATION THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Recitals. A. California law provides that on January 1, 2026, building standards contained in the 2025 California Building Standards Code ("CBSC"), Title 24 of the California Code of Regulations, will be effective within the City. B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend building standards contained in the CBSC based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions. C. The City shall file a copy of this ordinance with its amendments to the CBSC, together with required findings, with California Building Standards Commission. D. The Building Official has recommended amending certain building standards in the CBSC due to local conditions. E. The findings supporting the necessity for the amendments to building standards herein are contained by separate Resolution of the City Council to this Ordinance in accordance with California Health and Safety Code Sections 17958.5 and 18941.5. F. On October 13, 2025, a duly noticed public hearing was conducted to consider the adoption of this Ordinance. G. All legal prerequisites to the adoption of this Ordinance have occurred. Section 2. Section 9.60.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is amended by revising only those sections of Chapter 1 of the California Building Code set forth below, to read as follows: "9.60.010 CONSTRUCTION CODES AND PERMITING ADMINISTRATION 1. Subsection 105.2 amended in its entirety to read: 105.2 Work exempt from permit Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, other laws, ordinances, or regulations, or required approvals from other City Departments and State and federal agencies. Building: A building permit shall not be required for the following: Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the below -exempted items. 1. Work not regulated by the Building Code, except where deemed necessary by the building official to enforce other Federal and/or State Laws, State disabled access requirements, or to enforce City ordinances or policies. 2. Painting; wallpapering; installing carpet, vinyl, tile, and similar floor coverings, cabinets, counter tops and similar finish work where disabled access requirements do not apply. 3. Repairing broken window glass not required by the Building Code to be safety or security glazing. 4. One-story detached accessory buildings used as tool and storage sheds, shade structures, pump houses, and similar uses, provided the gross floor area does not exceed 120 square feet (11.15 m 2 ), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm). 5. Chain-link, wrought -iron and similar fences not more than 12 feet in height. 6. Masonry, concrete, wood and similar fences not more than 6 feet in height. 7. Exception: Wood fences not more than 8 feet in height with 60 percent or more of the fence open and incapable of being loaded by wind. 8. Retaining walls that retain not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III -A liquids. 9. Ground -mounted radio and television antenna towers that do not exceed 45 feet in height and ground -supported dish antennas not exceeding 15 feet in height above finished grade in any position. 10. Light standards which do not exceed 30 feet (9,144 mm) in height. 11. Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high. 12. Tanks not storing hazardous material as defined in the Fire Code provided that: 12.1 Steel tanks are supported on a foundation not more than 2 feet (610 mm) above grade and the overall height to diameter or width does not exceed 1'/2 times the diameter. 12.2 Water tanks constructed of materials other than steel, including cisterns and rain barrels, are supported directly on grade, the overall height to diameter or width does not exceed 1'/2 times the diameter, and the capacity does not exceed 5000 gallons (18925 L). 13. Gantry cranes and similar equipment. 14. Motion picture, television and theater stage sets and scenery. Buildings or structures constructed as part of a set or as scenery shall not be occupied or used for any other purpose. 15. A playhouse or tree house provided that: 15.1 It does not exceed 64 square feet (5.94 m 2 ) in area nor 8 feet (2438 mm) in height from floor to roof. 15.2 The ceiling height as established by door height or plate line does not exceed 6 feet (1829 mm). 16. Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy, and extending not more than 54 inches (1372 mm) from the exterior wall of the building, and not encroaching into the public right-of- way or any required fire separation distance specified by this Code. 17. Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m2) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. 18. Oil derricks. 19. Decks, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below, and which are not part of an accessible route. 20. Prefabricated swimming pools and other bodies of water accessory to a Group R-3 Occupancy that are less than 18 inches (0.46 m) deep, or do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade. 21. Playground equipment. 22. One-story detached animal cages and kennels, chicken coops, and animal pens provided the gross floor area does not exceed 300 square feet (37.2 m 2 ) and the height does not exceed 6 feet (1.8 m) and at least one horizontal dimension does not exceed 12 feet (3.69 m). 23. Non-combustible livestock shelters provided that the gross floor area does not exceed 300 square feet (27.9 m 2 ), the height does not exceed 12 feet (3.69 m), and at least 3 sides are each a minimum of 65 percent open. 24. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: An electrical permit shall not be required for the following: 25. Minor repair work, such as the replacement of lamps, switches, receptacle devices, sockets, and the like, or the connection of portable motor and appliances to suitable receptacles which have been permanently installed. 26. The wiring for temporary theater, motion picture or television stage sets. 27. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 28. Low-energy power, control, and signal circuits are not an integral part of an appliance and in which the power is limited from a source having a rated output of not more than 30 volts and 1,000 volt-amperes. 29. Temporary decorative lighting. 30. The installation of temporary wiring for testing or experimental purposes within suitable facilities. 31. Replacement of over -current devices of the same type and the same rating. 32. Portable generators, portable motors, appliances, tools, power outlets, and other portable equipment connected by means of a cord or cable having an attachment plug. 33. Private telephone, intercom, sound and communication systems; provided, however, that the above system(s) do not exceed the value as indicated in (c) and (d) of this section. A permit shall be obtained for the power supplies required by the above systems. Mechanical: A mechanical permit shall not be required for the following: 34.Any portable heating appliance. 35. Any portable ventilating equipment. 36.Any portable cooling unit. 37.Any steam, hot, or chilled water piping within any heating or cooling equipment regulated by this Code. 38. Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code. 39. Any portable evaporative cooler. 40. Any refrigerating equipment which is a part of the equipment for which a permit has been issued pursuant to the requirements of this Code. 41.Any unit refrigerating system. Plumbing: A Plumbing permit shall not be required for the following: 42. Clearing of stoppages and stopping of leaks which do not involve the replacement of any plumbing (including fixtures, traps, tailpieces and valves), drainage piping, vent piping, waste piping, soil piping, water piping or gas piping. 43. (b) Change of residential plumbing fixtures which do not involve the replacement of the existing waste and vent piping excluding the trap, to include, residential toilets, residential bathroom hand sinks, bathtub and residential kitchen sinks. 44. (c) Connection of any appliance approved for and intended to be connected by flexible gas piping to a gas shutoff valve which was previously permitted and inspected under a valid Plumbing permit. 2. Subsection 105.3.2 amended in its entirety to read: 105.3.2 Expiration of Applications. A plan check application shall expire and become null and void if a permit is not issued within one (1) year from the date of application. Upon expiration, the Building Official may dispose of the submitted plans, calculations, and related documents. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, provided that: 1. The applicant submits a written request demonstrating that the delay was due to circumstances beyond the applicant's control. 2. For extensions requested prior to expiration, the request is submitted before the expiration date. 3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration. 4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original plan check fee, is paid for each extension; and 5. The total cumulative extension period shall not exceed two (2) years from the original expiration date, with extensions issued only in increments not exceeding one hundred eighty (180) days, and a separate extension fee required for each extension granted. Any extension granted after expiration shall be deemed a continuation of the original application and shall not constitute a reissuance or a new application. Once an application, including any extension thereof, has expired without further extension, the applicant shall file a new application, submit new plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. 3. Section 105.7 amended in its entirety to read: 105.7 Expiration of Permits. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if any of the following conditions occur: 1. The work authorized by such permit is not commenced within one (1) year from the date of permit issuance; or 2. No required building inspection, as defined in this Code and as identified on the Job Record issued with the permit, is approved by the Building Official within one (1) year from the date of the last approved inspection. Partial inspections, or inspections related solely to electrical, mechanical, plumbing, grading, or reroofing, shall not constitute a required building inspection unless such work is integral to the primary building permit. Supplemental permits for electrical, grading, mechanical, plumbing, or reroofing shall remain valid so long as the associated primary building permit remains active. The Building Official may, at their discretion, grant one or more extensions of time, each not to exceed one hundred eighty (180) days, to prevent or cure the expiration of a permit, provided that: 1. The permittee submits a written request demonstrating that the delay in progress was due to circumstances beyond the permittee's control; 2. For extensions requested prior to expiration, the request is submitted before the expiration date; 3. For extensions requested after expiration, the request is submitted within twelve (12) months following the date of expiration; and 4. An extension fee, in an amount determined by the Building Official, not to exceed twenty-five percent (25%) of the original permit fee, is paid for each extension. Multiple extensions may be granted to cover the requested period of time; however, each extension shall be issued in increments not exceeding one hundred eighty (180) days, and a separate extension fee shall apply to each extension granted. Any extension granted after expiration shall be deemed a continuation of the original permit and shall not constitute a reissuance or issuance of a new permit. If no extension is granted, the permit shall remain expired and no further work shall be performed under that permit. The permittee shall be required to submit a new permit application, including all required plans and calculations, and pay all applicable fees in accordance with the codes and regulations then in effect. 4. Subsection 106.2 deleted in its entirety and can be indicated as reserved. 5. A new subsection 108.8 added to read: 108.8 Valuation. The determination of value or valuation under any of the provisions of this code shall be made by the building official. Valuation shall be based on the type of construction, occupancy classification, and size of the project, and shall include all components of the permitted work, including structural elements, finishes, roofing, mechanical, electrical, plumbing, fire protection systems, and other permanently installed features or equipment. In establishing valuation, the Building Official may reference the most current Building Valuation Data (BVD) published by the International Code Council or other similar industry data sources. These references are intended to provide a consistent and uniform basis for determining construction valuation for fee assessment purposes. The calculated valuation is not required to reflect actual or reported construction costs. 6. Subsection 108.5 amended in its entirety to read: 108.5 Plan Check and Permit Fee Refunds 108.5.1 Plan Check Fee Refunds. Plan check fees may be refunded up to a maximum of eighty percent (80%) of the original plan check fee, provided that: 1. No plan review has been performed; and 2. A written request for a refund is submitted to the Building Official within one (1) year from the date of payment; and 3. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. 108.5.2 Permit Fee Refunds. Permit fees may be refunded to a maximum of eighty percent (80%) of the original permit fee, provided that: 1. No portion of the work authorized by the permit has commenced; and 2. The permit has been cancelled; and 3. A written request for refund is submitted to the Building Official within one (1) year from the date of permit cancellation or expiration; and 4. The refundable amount exceeds the equivalent of the minimum permit fee, as determined by the current adopted fee schedule. Permit issuance fees are non-refundable. The Building Official shall determine eligibility and the amount of any refund in accordance with these provisions. 7. Subsection 110.2 amended in its entirety to read: 110.2 Certificate issued. Upon passing final inspection and demonstrating compliance with this Code, applicable laws, ordinances, rules, and regulations, and upon full payment of all required fees, the Building Official may issue a Certificate of Occupancy upon written request by the permit holder. The Certificate of Occupancy shall include the following information: 1. The building permit number. 2. The address of the building or structure. 3. A description of the portion of the building covered by the certificate. 4. A statement that the described portion was inspected and found to comply with applicable codes and regulations for the intended occupancy and use classification. 5. The date of final approval; and 6. Any additional information deemed necessary by the Building Official. 8. Subsection 110.3 amended in its entirety to read: 110.3 Temporary Certificate of Occupancy The Building Official may issue a Temporary Certificate of Occupancy for the use or occupancy of any portion of a building or structure prior to the completion of all permitted work, provided it is determined that no substantial hazard will result from such use or occupancy. A Temporary Certificate of Occupancy shall: 1. Specify the portion of the building or premises to be occupied. 2. Be valid for an initial period of thirty (30) calendar days; and 3. Be subject to a fee per 30 -day period, as established by the adopted fee schedule. If additional time is needed, the Building Official may, upon written request and justification, approve a longer duration by allowing multiple 30 -day periods to be purchased in advance. The total authorized time shall be based on project -specific conditions and shall remain at the discretion of the Building Official. Upon expiration of a Temporary Certificate of Occupancy and any approved extensions, no portion of the building or premises shall be occupied until final approval, or a Certificate of Occupancy is issued." 9. Except as expressly amended herein, all provisions of Section 9.60.010 shall continue in full force and effect." Section 3. Section 9.60.020.010 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.010 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapters 1 through 35 and Appendices F, I, J and P of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.010.B of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section 9.60.020.010 of the Seal Beach Municipal Code. B. CALIFORNIA BUILDING CODE AMENDED Chapters 1 and 9 of the 2025 California Building Code, Title 24 Part 2 of the California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows: 1- Chapter 1 of Division II is deleted in its entirety. 2- Chapter 9 is amended in its entirety to read: Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of the California Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach in Municipal Code Sections 9.60.020.060.A and 9.60.020.060.B." Section 4. Section 9.60.020.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.020 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44, and Appendix J of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations, as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.020.B of this Code are hereby repealed, added or amended to read as set forth therein. The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code. B. CALIFORNIA RESIDENTIAL CODE AMENDED Chapter 3 of the 2025 California Residential Code, Title 24 Part 2.5 of the California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, is hereby amended, deleted or added as follows: 1. Section R301.1.3.2 is amended in its entirety to read: R301.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E. 2. Section R309 Automatic Fire Sprinkler System is amended in its entirety to read: R309 Automatic Fire Sprinkler System. Section 903 of Chapter 9 of the Seal Beach Fire Code (Title 9, Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the Section R309 of the Residential Code." Section 5. Section 9.60.020.030 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.030 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE A. CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE 89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Electrical Code, Title 24 Part 3 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section 9.60.020.030 of the Seal Beach Municipal Code." Section 6. Section 9.60.020.040 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.040 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Mechanical Code, Title 24 Part 4 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code." Section 7. Section 9.60.020.050 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.050 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein. The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code. Not less than one copy of the 2025 California Plumbing Code, Title 24 Part 5 of the California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section 9.60.020.050 of the Seal Beach Municipal Code." Section 8. Section 9.60.020.060 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Section 9.60.020.060 is hereby added to Chapter 9.60 of Title 9 of the Seal Beach Municipal Code to read as follows: "9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED A. CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division 11, Chapters 2 through 80 and Appendices B, BB, C, CC, and H of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.B of this Code are hereby repealed, added or amended to read as set forth therein. Not less than one copy of said 2025 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code. B. CALIFORNIA FIRE CODE AMENDED Chapters 1, 2, 3, 4, 5, 9, 28, 50, 56, and 80 of the 2025 California Fire Code, Title 24 Part 9 of the California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows: Chapter 1 Scope and Administration Chapter 1 SCOPE AND ADMINISTRATION is adopted in only those sections and subsections adopted by the SFM with the following amendments: Section 113.4 Violation penalties is hereby revised as follows: 113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 113.4.2 Infraction and misdemeanor is hereby added as follows: 113.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. Chapter 2 Definitions Chapter 2 DEFINITIONS is adopted in its entirety as amended by the SFM with the following amendments: Sections 202 GENERAL DEFINITIONS is hereby revised by adding "OCFA" and "Spark Arrester" as follows: OCFA: Orange County Fire Authority, authority having jurisdiction. SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions: 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366. 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. Chapter 3 General Requirements Chapter 3 GENERAL REQUIREMENTS is adopted in only those sections and subsections adopted by the SFM with the following amendments: Section 304.1.3 Vegetation is hereby revised as follows: 304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 "Vegetation Management Guideline: Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program. " Section 305.6 Hazardous conditions is hereby added as follows: 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared. 2. When an official sign was caused to be posted by the fire code official, or a public announcement is made. No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. Section 305.7 Disposal of rubbish is hereby added as follows: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows: SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES Sections 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies is hereby added as follows: 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section. Exception: Barbeques, grills, and other portable devices intended solely for cooking. Section 307.6.1 Gas -fueled devices is hereby added as follows: 307.6.1 Gas -fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas is hereby added as follows: 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies, Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. Section 307.6.2.1 Where prohibited is hereby added as follows: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland- Urban Interface Area (WU1), or in locations where conditions could cause the spread of fire to the WRA or WUI. Exceptions: 1. Permanent fireplaces that are not located in a fuel modification zone. 2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION is hereby added as follows: SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION 324.1 Fuel Modification Requirements For New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program." SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows: SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS 325.1 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. SECTION 326 UNUSUAL CIRCUMSTANCES is hereby added as follows: SECTION 326 UNUSUAL CIRCUMSTANCES 326.1 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist.- 1. xist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. SECTION 327 USE OF EQUIPMENT is hereby added as follows: SECTION 327 USE OF EQUIPMENT 327.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exceptions: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. Section 327.2 Use of equipment and devices generating heat, sparks or open flames is hereby added as follows: 327.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush -covered land or non -irrigated grass -covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30 -foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediately in case of fire. Section 327.3 Spark arresters is hereby added as follows: 327.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. Chapter 4 Emergency Planning and Preparedness Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment: Section 407.5 is hereby revised as follows: 407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall follow OCFA Guideline G-04 "Completion of the Chemical Classification" in accordance with Section 5001.5.2. Chapter 5 Fire Service Features Chapter 5 FIRE SERVICE FEATURES is adopted in its entirety as amended by the SFM with the following amendments: SECTION 501.1 Scope is hereby revised as follows: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline 8-01 "Fire Master Plans for Commercial & Residential Development." Section 510.1 Emergency responder communications enhancement systems in new buildings is hereby deleted and replaced as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff's Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: 1.1. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. 1.2. Elevators. 1.3. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. 1.4. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi -story parking structure. Should a structure that is three stories or less and 50, 000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. Chapter 9 Fire Protection and Life Safety Systems Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is adopted in its entirety as amended by the SFM with the following amendments: Section 903.2 Where required is hereby revised as follows: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: 2.1. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet. Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2). Section 903.2.8 Group R is hereby revised as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows: 1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages. 2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists: 2.1. All existing Group R occupancies and U garages when the total area is increased by 750 square feet or more. 2.2. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the alteration or combination of an addition and alteration, is 50% or more of an area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. 2.3. Any addition to an existing building which has fire sprinklers installed. The exceptions in this section remain unchanged. Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated sprinkler systems shall not exceed 90% of the water supply capacity. Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3. Design °r E1 5 Q TABLE 903.3.5.3 Hydraulically Calculated Systems 100 110 120 130 140 150 PSI Chapter 28 Lumber Yards and Agro -Industrial, Solid Biomass and Woodworking Facilities Chapter 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES is adopted in its entirety with the following amendments: Section 2801.2 Permit is hereby revised as follows: 2801.2 Permit. Permits shall be required as set forth in Section 105.5. and 105.5.31. Section 2808.2 Storage site is hereby revised as follows: 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site. Section 2808.3 Size of piles is hereby revised as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials -handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles -and access roads to the top of the piles shall be established, identified, and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. Section 2808.3.1 Increase in pile or stack size is hereby deleted in its entirety. Section 2808.4 Pile separation is hereby revised as follows: 2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. Section 2808.7 Pile fire protection is hereby revised as follows: 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. Section 2808.9 Material -handling equipment is hereby revised as follows: 2808.9 Material -handling equipment. All material -handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire- fighting operations. Section 2808.11 Temperature control is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. Section 2808.11.1 Pile temperature control is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit. Section 2808.11.2 New material temperature control is hereby added as follows: 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable. Section 2808.12 Water availability is hereby added as follows: 2808.12 Water availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 -hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30, 000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60, 000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). Section 2808.13 Tipping areas is hereby added as follows: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20 -foot -wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. Section 2808.14 Emergency contact is hereby added as follows: 2808.14 Emergency contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation. Section 2808.15 Maximum grid of piles and rows is hereby added as follows: 2808.15 Maximum grid of piles and rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 -foot clear space used for no other purpose. 2808.16 Push -out / clear area is hereby added as follows: 2808.16 Push -out / clear area. Piles exceeding 20 cubic yards shall be provided with push -out areas. Push -out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push -out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building. Chapter 50 Hazardous Materials — General Provisions Chapter 50 HAZARDOUS MATERIALS — GENERAL PROVISIONS is adopted in its entirety as amended by the SFM with the following amendments: Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised as follows: 5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall follow OCFA Guideline G-04 "Completion of the Chemical Classification", which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. Section 5003.1.1.1 Extremely hazardous substances is hereby added as follows: 5003.1.1.1 Extremely hazardous substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property. Chapter 56 Explosives and Fireworks Chapter 56 EXPLOSIVES AND FIREWORKS is adopted in its entirety as amended by the SFM with the following amendments: Section 5608.2 Firing is hereby added as follows: 5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired. Section 5608.3 Application for permit is hereby added as follows: Section 5608.3 Application for permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA. Chapter 80 Referenced Standards Chapter 80 REFERENCED STANDARDS is adopted in its entirety as amended by the SFM with the following amendments: NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: Section 9.2.1.7 is hereby revised as follows: 9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official. Section 9.4.3.1 is hereby revised as follows: 9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: (1) Quick -response type as defined in 3.3.223.4.16 (2) Residential sprinklers in accordance with the requirements of Chapter 12 (3) Quick -response CMSA sprinklers (4) ESFR sprinklers (5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers. (6) Standard -response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems Section 16.12.3.3 is hereby revised as follows: 16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2%" inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2%" inlets shall be provided. NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One - and Two -Family Dwellings and Manufactured Homes is hereby amended as follows: Section 7.1.2 is hereby revised as follows: 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: Section 6.2.8.1 is hereby added as follows: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: (1) Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. (2) Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. Section 6.2.9 is hereby revised as follows: All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: (1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (b) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a post indicating valve 40 ft (12m) away. (c) Post indicating valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 m). (2) A wall post indicator valve on risers located within the building, either a nonrising stem gate valve with a wall post indicator or a listed butterfly valve with an indicating handle extending out through the building wall. (3) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (b) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when a property line or other physical barriers make it impossible to have a backflow preventer valve 40 ft (12 m) away. (c) Backflow preventer valves shall be allowed to be closer than 40 ft (12 m) to the building when building driveway or fire access roadways or other building traffic make it impractical to be 40 ft (12 M). (4) Indicating control valves installed in a fire -rated room accessible from the exterior (5) Indicating control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the AHJ (6) Any other valve type or location as permitted by the AHJ Section 10.1.5 is hereby added as follows: 10.1.5 All ferrous pipe and joints shall be polyethylene encased perAWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8 -mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 -inch -wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt, bituminous, or other corrosion -retarding material after installation. Exception: Bolted joint accessories made from 304 or 316 stainless steel. Section 10.4.1.1.1 is hereby added as follows: 10.4.1.1.1 All bolts used in pipe joint assembly shall be 316 stainless steel. Section 10.4.3.2 is hereby deleted and replaced as follows: 10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10. 4.3.2.4. " Section 9. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.070 to read as follows: "9.60.020.070 EFFECT OF ADOPTION The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters: (A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties. (D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance. (E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code." Section 10. Section 9.60.020 of Chapter 9.60 of Title 9 of the Seal Beach Municipal Code is hereby amended by adding a new Section 9.60.020.080 to read as follows: "9.60.020.080 PENALTY; VIOLATIONS (A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. (B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city." Section 11. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater energy efficiency, construction sustainability, and protection from seismic and climatic forces, including fire -related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines). Section 12. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. Section 13. CONTINUITY. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions. Section 14. INTENT TO COMPLY WITH LAWS. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent. Section 15. PUBLICATION. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Section 16. EFFECTIVE DATE. This Ordinance will take effect on January 1St, 2026. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September 2025. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 2025. AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 22nd day of September, 2025, and was passed, approved, and adopted by the City Council at a regular meeting on the 13th day of October 2025. Gloria D. Harper, City Clerk 2025 CALIFORNIA BUILDING AND RESIDENTIAL CODE AMENDMENT FINDINGS LEGEND CODE TITLE (Clarification) FINDINGS SECTION Chapter 1 Division II Administrative Chapter 9 Fire Protection and Life Safety Systems I, II & III and Code 202 General definitions correlation with Fire 304.1.3 OCFA vegetation management Code amendments R301.1.3.2 Wood Frame Structures II & III R309 Automatic Fire Sprinkler System I, II & III and Code 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces correlation with Fire 307.6 Outdoor fireplaces, fire pits, fire rings Code amendments 2025 CALIFORNIA FIRE CODE AMENDMENT FINDINGS LEGEND CODE SECTION TITLE (Clarification) FINDINGS 113.4 Violation penalties Administrative 113.4.2 Infraction and misdemeanor Administrative 202 General definitions Administrative 304.1.3 OCFA vegetation management 1 305.6 Hazardous conditions outdoor fires I & 11 305.7 Disposal of rubbish I & II 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces Administrative 307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas -fueled devices outdoor fires I & 11 307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited (burning of solid fuels) I & II 324 Fuel modification requirements for new construction 1 325 Clearance of brush or vegetation growth from roadways 1 326 Unusual circumstances (vegetation management) Administrative 327 Use of equipment IC engines ands ark arresters 1 327.2 Use of equipment and devices generating heat, sparks or open flames I 327.3 Spark arresters 1 407.5 Hazardous material inventory statement I & II 501.1 Scope (fire service features) Administrative, I, 11 & III 510.1 Emergency responder radio coverage Administrative 903.2 Where required (sprinklers) I, II & III 903.2.8 Group R (sprinklers) I, II & III 903.3.5.3 Hydraulically calculated systems I, II & III 2801.2 Permit (biomass storage and handling) Administrative 2808.2 Storage site Administrative 2808.3 Size of piles 1 2808.4 Pile separation 1 2808.7 Pile fire protection 1 2808.9 Material -handling equipment 1 2808.11 Temperature control 1 2808.11.1 Pile temperature control 1 2808.11.2 New material temperature control 1 2808.12 Water availability forpiles) 1 2808.13 Tipping area 1 2808.14 Emergency contact information Administrative 2808.15 Maximum grid of piles and rows Administrative, 1 2808.16 Push -out / clear area Administrative, 1 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III 5608.2 Firing (commercial fireworks) Administrative 5608.3 Application for permit (commercial fireworks) Administrative Chapter 80 Reference Standards N/A 2025 NFPA 13 (commercial sprinkler systems) Administrative, 11 & III 2025 NFPA 13D (single family sprinkler systems) I & II 2025 NFPA 24 (underground water supply systems) Administrative & III AB 130 Finding Amendments to building standards affecting residential uses contained in Ordinance 1719, are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5. RESOLUTION 7696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING FINDINGS TO SUPPORT LOCAL AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE BASED ON LOCAL CLIMATIC, TOPOGRAPHICAL, AND GEOLOGICAL CONDITIONS WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow a city to make amendments to the California Building Standards Code based upon express findings that such modifications are reasonably necessary because of local climatic, topographical, or geological conditions; and, WHEREAS, the Building Official has recommended amending certain building standards in the 2025 California Building Standards Code ("CBSC") due to local conditions; and, WHEREAS, the City Council of the City of Seal Beach has considered such findings and determined that they are necessary to protect the health, safety, and welfare of the public due to unique conditions present within the City and the surrounding region. NOW, THEREFORE, the Seal Beach City Council does resolved, declare, determine, and order as follows: Exhibit "A" attached hereto and incorporated by reference herein, identifies amendments made by the City to the California Building Standards Code, and the local conditions set forth below supporting each amended building standard. Section I. Climate Conditions A. Orange County is located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority's ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already - taxed water supply does not. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. Section II. Topographical conditions. A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities within Orange County are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain. B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County. C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire -extinguishing systems and other protection measures to protect occupants and property. Section III. Geological Conditions The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport -Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation. A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, page 59), "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe." B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal. C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a meeting thereof held on October 13, 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 7696 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025. Gloria D. Harper, City Clerk EXHIBIT A 2025 CALIFORNIA BUILDING CODE (CBC) AND RESIDENTIAL CODE (CRC) AMENDMENT FINDINGS LEGEND CODE TITLE (Clarification) FINDINGS/LOCAL SECTION CONDITIONS AMENDED Violation penalties Administrative Chapter 1 - Division II Administrative CBC General definitions Administrative Chapter 9 - Fire Protection and Life Safety Systems I, II & III and Code CBC Hazardous conditions outdoor fires correlation with Fire 305.7 Disposal of rubbish Code amendments R301.1.3.2 - Wood Frame Structures II & III CRC Outdoor fireplaces, fire pits, fire rings Administrative R309 - CRC Automatic Fire Sprinkler System I, II & III and Code 307.6.2 Devices using wood or fuels other than natural gas or LPG correlation with Fire 307.6.2.1 Where prohibited(burning of solid fuels Code amendments 2025 CALIFORNIA FIRE CODE AMENDMENT FINDINGS LEGEND CODE SECTION AMENDED TITLE (Clarification) FINDINGS/LOCAL CONDITIONS 113.4 Violation penalties Administrative 113.4.2 Infraction and misdemeanor Administrative 202 General definitions Administrative 304.1.3 OCFA vegetation management 1 305.6 Hazardous conditions outdoor fires I & 11 305.7 Disposal of rubbish I & II 307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces Administrative 307.6 Outdoor fireplaces, fire pits, fire rings Administrative 307.6.1 Gas -fueled devices outdoor fires I & II 307.6.2 Devices using wood or fuels other than natural gas or LPG I & 11 307.6.2.1 Where prohibited(burning of solid fuels I & 11 324 Fuel modification requirements for new construction 1 325 Clearance of brush or vegetation growth from roadways 1 326 Unusual circumstances (vegetation management) Administrative 327 Use of equipment (IC engines and spark arresters) 1 327.2 Use of equipment and devices generating heat, sparks or open flames I 327.3 Spark arresters I 407.5 Hazardous material inventory statement I & II 501.1 Scope (fire service features) Administrative, 1, 11 & III 510.1 Emergency responder radio coverage Administrative 903.2 Where required sprinklers I, II & III 903.2.8 Group R (sprinklers) I, II & III 903.3.5.3 Hydraulically calculated systems I, II & III 2801.2 Permit (biomass storage and handling) Administrative 2808.2 Storage site Administrative 2808.3 Size of piles 1 2808.4 Pile separation 1 2808.7 Pile fire protection 1 2808.9 Material -handling equipment 1 2808.11 Temperature control 1 2808.11.1 Pile temperature control 1 2808.11.2 New material temperature control 1 2808.12 Water availability forpiles)I 2808.13 Tipping area I 2808.14 Emergency contact information Administrative 2808.15 Maximum grid of piles and rows Administrative, I 2808.16 Push -out / clear area Administrative, 1 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I, II & III 5608.2 Firing (commercial fireworks) Administrative 5608.3 Application for permit (commercial fireworks) Administrative Chapter 80 Reference Standards N/A 2025 NFPA 13 (commercial sprinkler systems) Administrative, 11 & III 2025 NFPA 13D (single family sprinkler systems) I & 11 2025 NFPA 24 (underground water supply systems) Administrative & III AB 130 Finding Amendments to building standards affecting residential uses contained in Ordinance 1719 are changes or modifications substantially equivalent to existing changes or modifications that were previously filed by the City of Seal Beach and were in effect as of September 30, 2025. See Health and Safety Code Sections 17958.5 and 18941.5. U\�QF SERC 6F9�2S AGENDA STAFF REPORT DATE: October 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Iris Lee, Director of Public Works SUBJECT: Approval of a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services and Amendment 3 to Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. for Engineering Services and for the Lampson Well Treatment System Project, CIP WT1902 SUMMARY OF REQUEST: That the City Council adopt Resolution 7701: 1. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Lampson Well Treatment System Project CIP WT1902 for the term extending from October 13, 2025, through June 30, 2028, in the not -to -exceed amount of $494,722, and rejecting all other proposals; and, 2. 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, 3. 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, 4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project. Agenda Item G BACKGROUND AND ANALYSIS: For transparency and clarification, this item was continued at the request of City Council from the September 22, 2025, meeting. In June 2025, the City solicited public bids for the Lampson Well Treatment System Project WT1902 (Project) and issued three addenda during the process. At the September 22, 2025, meeting, City Council adopted Resolution 7689, rejecting all bids due to their expiration on September 14, 2025. The resolution also directed staff to seek Council input on how to proceed, with a recommendation to defer related agreements pending further direction. To facilitate continued progress, staff presented City Council with an option to engage an independent third party to reevaluate the project scope, with a focus on cost, schedule, and potential cost-saving alternatives. To support this recommendation, staff proposed hiring the previously identified construction management firm, whose original scope includes constructability review. As discussed during the September 22, 2025, council meeting, if funding had been available during the project design phase, a construction manager would have been engaged at that time. To address a question raised at the September 8, 2025, council meeting regarding the role of a construction manager, staff invited Mark Butier of Butier Engineering, Inc. (Butier) to share his experience on similar projects with other agencies and respond to City Council questions at the September 22, 2025, council meeting. Following the discussion with Butier, City Council directed staff to return with the previously proposed agreements with Butier and PACE for reconsideration and to proceed with the project reevaluation prior to rebidding. Staff and City Council move forward with the shared understanding that: Reevaluation of the project design and scope will most likely not result in reducing costs back to the original Engineer's Estimate of $4.35 million. 2. Any recommendations or findings will be reviewed in coordination with the Engineer of Record, PACE, to ensure the project's quality and integrity remain intact. A summary of each proposed agreement is provided below, with the full proposals attached to this staff report. 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 WT1902 (Project) — Construction Management & Inspection Services and released one (1) addendum. Staff received seven (7) proposals and evaluated them based on the criteria outlined in the Request for Page 2 Proposal (RFP). Staff interviewed the top three (3) firms and determined that Butier was the most qualified and the best fit for the project. 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. In accordance with City Council's direction on September 22, 2025, to consider engaging an independent third party to reevaluate the project scope, specifically focusing on cost, schedule, and potential cost-saving alternatives, staff recommends approving a Professional Services Agreement (PSA) with Butier Engineering in the amount of $494,722 for construction management and inspection services. The proposed agreement includes both the reevaluation of the project scope prior to rebidding and the construction management and inspection services for the upcoming construction project. Staff also recommends authorizing the City Manager to approve up to $50,000 in additional services, if needed, to support the successful delivery of the project. 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 the not -to -exceed total contract amount to $441,605. In addition to the design of the treatment system, the 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 Page 3 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. In line with City Council's September 22, 2025, direction to reevaluate the Project scope, staff recommends approving Amendment No. 3 to the PACE Professional Services Agreement (PSA). This amendment increases the contract by $144,870, for a revised not -to -exceed amount of $586,475, and extends the term through June 30, 2028. This amendment incorporates coordination with Butier regarding their findings from the project reevaluation, along with construction engineering support for the upcoming construction project. 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 it can be seen with certainty that approval of the Butier Engineering, Inc. Professional Services Agreement and Pacific Advanced Civil Engineering, Inc. Amendment 3 will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed the agreements and approved the resolution as to form. FINANCIAL IMPACT: The proposed agreements will be funded through the FY 2025-2026 Capital Improvement Program (CIP) Budget for Project WT1902. This project is supported by the Orange County Water District (OCWD) Producer Well Construction Loan in the amount of $4.45 million, previously approved by City Council under Resolution 7328 on September 12, 2022. This is the same loan that was previously considered for amendment to cover the original construction bid amount; however, that amendment has been deferred pending project rebid and confirmation of the revised construction cost. Page 4 The table below presents the breakdown of the proposed Project cost: Description Amount Pilot Prosect and Design (completed) $ 530,167 Project Reevaluation & Construction Support PACE Amendment 3 — Engineering $ 144,870 Butier — Construction Mgmt. & Inspection Svcs. $ 494,722 Butier — Contingency (approx.10%) $ 50,000 Construction Support Cost $ 689,592 Estimated CIP WT1902 Project Cost $ 1,219,759 Only funding for services rendered will be drawn down from the City's OCWD loan, as needed. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7701: 1. Approving a Professional Services Agreement with Butier Engineering, Inc. for Construction Management and Inspection Services for the Lampson Well Treatment System Project CIP WT1902 for the term extending from October 13, 2025, through June 30, 2028, in the not -to -exceed amount of $494,722, and rejecting all other proposals; and, 2. 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, 3. 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, 4. Authorizing the City Manager to execute Amendment 3 to the Professional Services Agreement with Pacific Advanced Civil Engineer, Inc., on behalf of the City for the Project. Page 5 SUBMITTED BY: Iris Lee Iris Lee, Director of Public Works NOTED AND APPROVED: Patrick Gallegos Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7701 B. Professional Services Agreement with Butier Engineering, Inc. C. Amendment 3 to PSA with Pacific Advanced Civil Engineer, Inc. D. Amendment 2 to PSA with Pacific Advanced Civil Engineer, Inc. E. Amendment 1 to PSA with Pacific Advanced Civil Engineer, Inc. F. Professional Services Agreement with Pacific Advanced Civil Engineer, Inc. RESOLUTION 7701 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH BUTIER ENGINEERING, INC. FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES AND AMENDMENT 3 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR ENGINEERING SERVICES; AND AUTHORIZING THEIR EXECUTION BY THE CITY MANAGER; FOR THE LAMPSON WELL TREATMENT SYSTEM PROJECT, CIP WT1902 WHEREAS, on September 22, 2025, the City Council directed staff to engage an independent third -party to reevaluate the project scope of the Lampson Well Treatment System Project CIP WP1902 (Project), specifically focusing on cost, schedule, and potential cost-saving alternatives while ensuring the integrity and quality of the Project are maintained; and, WHEREAS, 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; and, WHEREAS, based on staff's evaluation of the proposals and interviews, determined that Butier Engineering, Inc. (Butier) is the most qualified; and, WHEREAS, to support the effort to reevaluate the project scope, staff recommends approval of a Professional Services Agreement with Butier Engineering, Inc. in the not -to -exceed amount of $494,722 for a term extending from October 13, 2025 through June 30, 2028; 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) with PACE 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, the funding for these proposed agreements will utilize the Fiscal Year 2025-2026 CIP WT1902 budget, funded via the City's existing Orange County Water District Producer Well Construction Loan. 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. 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 for the term extending from October 13, 2025 through June 30, 2028, in the not -to -exceed amount of $494,722, and rejects all other proposals. Section 3. The City Council hereby authorizes the City Manager to execute the Professional Services Agreement with Butier Engineering, Inc., and to approve additional construction management and inspection services by Butier Engineering, Inc., up to $50,000 (approximately 10%), in connection with the Project. Section 4. 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. (PACE) 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 5. 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 the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of October 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 7701 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of October 2025. Gloria D. Harper, City Clerk 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 October 13, 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"). Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 RECITALS A. City desires certain construction management and inspection services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on May 7, 2025, for the Lampson Well Treatment System — Construction Management & Inspection Services (CIP WT1902) and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated June 18, 2025, to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional Construction Management & Inspection Services and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal") attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the following City project: Lampson Well Treatment System (CIP WT 1902). 1.2. Aareement Documents: Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law 2 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Requirements (Exhibit C) and all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, on the other hand, the Agreement shall control. 1.3. Standard of Care. 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. 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 generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless 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 3 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on October 13, 2025, and shall remain in full force and effect until June 30, 2028, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $494,722.00 (Four Hundred Ninety -Four Thousand Seven Hundred Twenty -Two dollars) for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment 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. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 4 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. Mark M. Butier, Jr. is the Consultant's primary representative for purposes of this Agreement. Mark M. Butier, Jr. 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 5 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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: Butier Engineer, Inc. 17822 E. 17th Street, Suite 404 Tustin, California 92780 Attn: Mark M. Butier, Jr. 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and 6 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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 (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans and other documents on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, 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, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's 7 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or 8 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 9 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant in the performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.2. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed 10 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product 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. Upon 24 hours' notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 11 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 12 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed 13 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also 14 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its 15 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, 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 indemnity agreements, 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, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as 16 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification 17 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in 18 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non -Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. 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 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. 19 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 29.2. 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. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 20 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 32.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Cooperation. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 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. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 21 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 37.0 Recitals The Recitals set forth above are incorporated herein by reference. 38.0 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. [signatures on following page] IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Attest: M Patrick Gallegos, City Manager Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas Ghirelli, City Attorney CONSULTANT: Butier Engine ng, Inc., a California corpor�on By: Nam Its: By: Name: Its: z (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 22 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 EXHIBITA CITY REQUEST FOR PROPOSALS OR OTHER SOLICITATION Lampson Well Treatment System — Construction Management & Inspection Services Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 City of Seal Beach Request for Proposals for Lampson Well Treatment System - Construction Management & Inspection Services -SEAL" J RFP responses to be received until 2:00 P.M., June 11, 2025 in the Public Works Department ATTN: Kathryne Cho, City Engineer/Deputy Public Works Director Approved for Advertising: Kathryne Cho City Engineer Date Issued: May 7, 2025 F Joe 6, ! A O, 1. { SFr wafts, Table of Contents I. INTRODUCTION....................................................................................................3 11. QUALIFICATIONS.................................................................................................. 3 III. SCOPE OF SERVICES..........................................................................................4 IV. ADMINISTRATIVE ELEMENTS..............................................................................5 V. PRE -PROPOSAL QUESTIONS..............................................................................6 VI. SCHEDULE............................................................................................................ 6 VII. SUBMITTAL REQUIREMENTS..............................................................................6 VIII.FEE & COST PROPOSAL......................................................................................8 IX. INTERVIEW............................................................................................................ 9 X. SELECTION PROCESS......................................................................................... 9 X1. GENERAL CONDITIONS.....................................................................................10 EXHIBIT A LAMPSON WELL TREATMENT SYSTEM - CONCEPT DESIGN ............ 12 EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT ............................13 2 REQUEST FOR PROPOSALS FOR Lampson Well Treatment System CONSTRUCTION MANAGEMENT & INSPECTION SERVICES I. INTRODUCTION The City of Seal Beach ("City") owns and operates four water production facilities — (1) Lampson Well, (2) Beverly Manor Well, (3) Leisure World Well, and (4) Bolsa Chica Well. The Lampson Well is located at 4307 Lampson Avenue, in the City of Seal Beach. The Well was built around 2011. The existing 500 HP well pump has a capacity of 3,500 gallons per minute (gpm) at 440 feet of head. Due to the hydrogen sulfide concentrations in the groundwater, the City has been operating the Well at a reduced flow rate of approximately 700-800 gpm. The City has retained Pacific Advanced Civil Engineering, Inc. (PACE) to design a H2S treatment system utilizing four (4) granular activated carbon (GAC) media vessels. This treatment system will also have the ability to be placed in a lead -lag configuration to treat other future contaminants, if ever identified. A treatment system schematic is included for reference. Estimated construction value is at $3 million. Estimate active construction duration is currently estimated at nine (9) months. The City is soliciting proposals from qualified consultants to provide professional construction management and inspection services for the Project improvements. II. QUALIFICATIONS Minimum Qualifications • Valid California license and/or certification for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional construction management and inspection services, or demonstrated equivalent experience, in similar water production/treatment facility settings. • Knowledge and experience working in the Orange County Groundwater Basin. rrilM� Iris Minimum of five (5) years of professional working history with similar sized municipalities, with satisfactory references. Desirable Qualifications ■ Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. ■ Adequate availability of key team members. • Proficiency with applicable regulatory agencies' rules and regulations. III. SCOPE OF SERVICES The following is an envisioned approach but is subject to change based on the Consultant's project understanding and recommended approach. 1. Construction Management and Project Management — Consultant shall provide project coordination starting at the 90% design phase, which would at a minimum include plan check & constructability review, coordination with design consultant, final bid package assembly and review, bid support, and coordination of on-site work. 2. Inspection — Provide daily inspection and records during the course of construction, including verification of BMPs and NPDES materials. There may be occasions where work may take place outside of normal working hours to accommodate construction and operational needs. 3. Meetings - Coordinate and conduct meetings with design consultant, permitting agencies, any regulatory/governing body, and contractor. Consultant should anticipate developing agendas and minutes for each meeting. 4. Schedule & Budget — Ensure on-time and within budget project delivery. This will include regular schedule updates and budget reports. 5. Submittals & RFI's — Coordinate review and response to RFI's with design consultant, as necessary. Evaluate merit of any potential claims. 6. Materials & Compaction — Provide necessary materials, compaction, and specialty testing. 7. Public Relations — Coordinate construction notifications and proactively respond to public inquires. 8. Progress Payments & Change Orders — Coordinate and validate contractor change orders and monthly progress payments. 9. Startup, Testing, and Permitting — Coordinate final startup, testing, and integration activities. Arrange for all necessary City staff training. 4 s � • f�jrpyy�:G.s�,r�sr� 'I■11ft wafts ,y rr 10. Close Out & Training — Coordinate and review all construction closeout documentation. Ensure end-users are properly trained prior to demobilization. IV. ADMINISTRATIVE ELEMENTS 1. The Consultant will be required to enter into the City's form of professional services agreement. The agreement will incorporate the provisions of the RFP and the Consultant's proposal. The agreement will provide the City with the option to terminate the Consultant's services or cancel the project at any time, including but if not limited to, on the basis of cost. A sample Professional Services Agreement is included in this RFP as Exhibit A. 2. The Consultant shall assign a responsible representative and an alternate to perform the assigned tasks. Both staff members shall be identified in the proposal. The Consultant's representative will be responsible for all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative will become the primary representative. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract. 3. Entry into a contract is dependent upon the Consultant having an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 48 CFR Part 31 and 2 CFR Part 200, and compliance with all other City requirements. 4. The Consultant will not be allowed to bid on, or benefit from, a construction contract to perform any of the project work. 5. Conflict of Interest Statement. The Consultant shall disclose any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the contract. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract. 6. Litigation. The Consultant shall indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result. 7. Financial Responsibility. The Consultant shall provide a brief statement affirming that the consultant's and subconsultants have an adequate financial management and accounting system. 8. The Consultant shall provide all necessary personnel, instruments, equipment, and materials to perform the services described. 9. The City of Seal Beach reserves the right to accept, reject any or all proposals or to waive any defects or irregularities in the proposals or selection process, or to cancel or terminate this procurement. wig *s V. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Kathryne Cho City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho(a),sealbeachca ,gov (562) 431-2527 ext. 1321 The City will respond to all questions and requests for clarification received by May 30, 2025. VI. SCHEDULE The following dates reflect the anticipated schedule: • Request for Proposal Solicitation • Pre -Proposal Question Deadline • Proposal Submittal Deadline ■ Consultant Interview (if conducted) • Contract Award by City Council ■ Notice to Proceed VII. SUBMITTAL REQUIREMENTS Acceptance of Submittals May 7, 2025 May 30, 2025, 10:00 a.m. June 11, 2025, 2:00 p.m. June 2025 July 2025 August 2025 Proposals are due by 2:00 PM on June 11, 2025 (Postmarks will not be accepted) to the following: Kathryne Cho City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 kchoC@sealbeachca.gov 0 " ►iiii �c1✓J� ' e WN*8 (562) 431-2527 ext. 1321 Please submit three (3) bound hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Consultant. All property rights, including publication rights of all reports produced by the selected Consultant in connection with services performed under this Agreement shall be vested in the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Proposal shall be a maximum of 25 pages, excluding cover page, cover letter, table of contents, resumes and report dividers. Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Consultant's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Consultants. Identify the individual(s) authorized to negotiate the contract on behalf of the Consultant's firm and the Consultant's project manager. Understanding/Approach: Describe the Consultant's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Consultant will approach the scope of services and each task needed to complete the project. 7 Any task assumptions and/or exclusions shall be clearly identified. References: Consultant should provide a minimum of three (3) references from public agencies the Consultant has performed work for within the last seven (7) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Consultant. • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: A Fee & Cost Proposal shall be submitted in a separate, sealed envelope and marked as "Lampson Well Treatment System — Construction Management and Inspection Services Proposal". The information and detail included in the fee proposal shall conform to the provisions of Section VII - Fee Proposal, of this RFP. Please note that part of the evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing the required components will be evaluated accordingly. Exceptions: The Consultant shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VIII. FEE & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Consultant shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost proposal, and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard, overtime, and double-timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non -labor expenses and sub -Consultants. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranking Consultant(s), if necessary. t`� f2eoale �. gqr P111109 WMr s IX. INTERVIEW Top ranked Consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Consultant's team may be requested to present the teams' and their qualifications at an interview. X. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (40 points) a. Local Presence - A statement addressing firm's ability to effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Consultant and sub -Consultants to perform the work. c. Quality of references - name of at least three (3) agencies the Consultant currently or have previously consulted for in the past seven (7) years. d. Experience/knowledge of the Orange County Groundwater Basin and various regulatory permitting agencies. e. Familiarity with City standards and practices. 3. Organization & Approach (40 points) a. Consultant's understanding of requested Work and proposed scope of work. b. Consultant's project team and quality of key individuals. Availability and allocation of key individuals. c. Consultant's understanding of the nature of public sector work and its decision-making process. d. Proposed schedule and hours. Description of project management and cost control mechanism. M arft 4. Conformity (20 points) a. Quality, clarity, and responsiveness to RFP. b. Conformity to the sample PSA. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without Consultant visits, interviews, or further discussion or negotiations. XI. GENERAL CONDITIONS A. Signature The Letter Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.pov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and 10 state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Consultant to pay not less than the said prevailing rate of wages to all workers employed by the Consultant in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no Consultant or subConsultant shall be qualified to bid on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each subconsultant, if any, in the proposal. 11 EXHIBIT A LAMPSON WELL TREATMiENT SYSTEM - CONCEPT DESIGN 12 uY �L MOM" 39 ION 11VNS ONV I I , w if., r . r o 11 ?Yy I� ` F- =W = IL -.� m�z _ � Ld J W W r W W 2 N�JIw V In -L i� 15 Dv o W W 0z > > ra o o LLJ yew �E9ljw .�. J P 7 N [ � E� d I J w�rMrs EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT 13 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment System — Construction Management & Inspection Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Q. <Consultant Name> <Address> <City, State, Zip Code> <Phone Number> This Professional Service Agreement ("the Agreement") is made as of <INSERT DATE> (the "Effective Date"), by and between <CONSULTANT'S COMPLETE LEGAL NAME> ("Consultant"), <TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 RECITALS A. City desires certain construction management and inspection services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on May 7, 2025, for the Lampson Well Treatment System — Construction Management & Inspection Services and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated <DATE> to perform the professional services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional <TYPE OF SERVICES> <AND INSERT AS APPROPRIATE: (DIR Registration #XXXXXXX and/or CSLB License #XXXXXX, etc.)> and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services Consultant's Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional services (collectively "Services") set forth in the Request for Proposals or other solicitation ("RFP"), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant's accepted Proposal ("Proposal") attached hereto as Exhibit B and incorporated herein by this reference, all to City's reasonable satisfaction. The Services relate to the following City project: Lampson Well Treatment System (CIP ST1902) 1.1. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the RFP, including all standards, appendices and exhibits attached thereto or referenced therein (Exhibit A); and (ii) the Proposal (Exhibit B); and iii) Terms for Compliance with California Labor Law 2 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Requirements (Exhibit C); and (iv) <INSERT ANY ADDITIONAL EXHIBITS AS APPROPRIATE FOR AN INDIVIDUAL AGREEMENT>, all of which are incorporated herein by this reference. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iii) Exhibit D (if any); and then (iv) Exhibit A (the RFP); and then (v) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, C, D, etc. on the other hand, the Agreement shall control. <CHANGES TO THE ORDER OF PREFERENCE MAY BE MADE BASED ON THE ORDER OF PRECEDENCE INCLUDED IN AN RFP, BUT IN ALL CASES THE AGREEMENT AND LABOR LAW PROVISIONS SHOULD TAKE PRECEDENCE OVER ANY OTHER EXHIBITS UNLESS APPROVED BY THE CITY ATTORNEY'S OFFICE> 1.2. Standard of Care. 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. 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 generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 1.3. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from City's Representative. 1.4. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 3 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 1.5. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless 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. Original Term. The term of this Agreement shall commence on <DATE>, and shall remain in full force and effect until <DATE>, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Consultant's Compensation 3.1. Original Term. In consideration of Consultant's performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not -to -exceed amount of $ ( dollars) <TOTAL CONTRACT AMOUNT> for the Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment 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. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 4 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. <ON A CASE-BY-CASE BASIS, A LONGER NOTIFICATION PERIOD MAY BE NECESSARY DEPENDING ON THE TYPE OF AGREEMENT OR SERVICES> 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City's representative for purposes of this Agreement. 6.2. <NAME> is the Consultant's primary representative for purposes of this Agreement. <NAME> 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. 5 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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: <Consultant> <Address> City, State, Zip Code> Attn: <Consultant Representative> 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, registrations, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision. Consultant will determine the means, methods, and details by which Consultant's employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's 6 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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 (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) 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 (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, 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, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from 7of24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, prepared or used by Consultant in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the 8 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Consultant's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. 9of24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City timely notice of such court order or subpoena. 12.1. Consultant shall promptly notify City should Consultant, its officers, employees, agents, servants, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.2. Consultant's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 10 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant's sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors, and Consultant shall monitor and review all work and other services performed by any subcontractor to ensure that all Services performed by such subcontractor comply with the requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product 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. Upon 24 hours' notice by City, during regular business hours Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may 11 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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 City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. <PLEASE HAVE RISK MANAGER REVIEW ALL SPECIFIED INSURANCE FORMS, COVERAGES AND POLICY MINIMUM LIMITS BEFORE FINALIZING AGREEMENT. MODIFIED OR ADDITIONAL PROVISIONS, FORMS OR POLICIES MAY BE REQUIRED DEPENDING ON SPECIFIC SERVICES TO BE PROVIDED.> 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with limits of at least $1,000,000 per accident and in the aggregate for bodily injury or disease; 12 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 17.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with this Agreement, with minimum limits of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.2.5. <INSERT OTHER COVERAGES REQUIRED FOR SPECIFIC AGREEMENT AS REQUIRED BY RISK MANAGER (e.g., Cyber Liability Insurance, Crime Policy or Fidelity Bond, Pollution and Environmental Liability Insurance, Excess/Umbrella Liability Insurance; etc.)> . 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not 13 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non -Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City's part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during 14 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance Requirements Not Limitinrq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that 15 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section <except as otherwise waived in writing by City's Risk Manager>. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City's request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 18.1.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, 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 indemnity agreements, 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, arising out of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant's subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant's subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Consultant's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant's liability, or as a waiver of or limitation on full performance of Consultant's duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant's defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant's defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.5. Survival of Terms. Consultant's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 17 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 19.0 Non -Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the Performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 18 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 24.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non -Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this 19 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. 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 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. 29.2. 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. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation 20 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents, and servants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and servants. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non -Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's Services beyond the current fiscal year, this Agreement shall cover payment for Consultant's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 33.2. Consultant's Coo oration. Consultant agrees to work closely and cooperate fully with City's representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence 21 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 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. 36.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 37.0 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. 38.0 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. [signatures on following page] IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 22 of 24 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 CITY OF SEAL BEACH By: Patrick Gallegos, Interim City Manager Attest: IN Gloria D. Harper, City Clerk Approved as to Form: By: Nicholas Ghirelli, City Attorney CONSULTANT: <INSERT COMPLETE LEGAL NAME>, a <INSERT TYPE OF ENTITY (e.g., a California corporation> By: Name: Its: By: Name: Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 23 of 23 City of Seal Beach Master Template Approved: 12/1/2023 2895843 EXHIBIT CITY REQUEST FOR PROPOSALS OR OTHER SOLICITATION Lampson Well Treatment System — Constrwction Management & Inspection Services Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 EXHIBIT B PROPOSAL (Consultant's Proposal:. for Construction Management & Inspection Services, dated XXXXXXX) Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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: Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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 elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers 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, agents and servants) 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. Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 June 3, 2025 Sa ga Department of Public works Addendum No. '1 Request for Proposals (Lampson Well Treatment System — Construction Management & Inspection Services) Attention all Interested Parties: The following clarifications, revisions, additions and/or deletions are hereby made a part of the Lampson Well Treatment System — Construction Mana_gement_& Inspection Services RFP documents: 1. Section V. Pre -Proposal Questions shall be revised as follows: The City will respond to all questions and requests for clarification received by June 9, 2025. All other text in this section remains unchanged. 2. Section VI. Schedule shall be revised as follows: The following dates reflect the anticipated schedule: • Request for Proposal Solicitation ■ Pre -Proposal Question Deadline May 7, 2025 June 9, 2025, 9:00 a.m. ■ Proposal Submittal Deadline June 18, 2025, 2:00 p.m. ■ Consultant Interview (if conducted) June 2025 ■ Contract Award by City Council July 2025 ■ Notice to Proceed August 2025 3. Section Vil. Submitral Requirements shall be revised as follows: Acceptance of Submittals Proposals are due by 2:00 PM on June 18, 2025 (Postmarks will not be accepted) to the following: All other text in this section remains unchanged. END OF ADDENDUM By order of the City of Seal Beach, Deputy Director of Public Works/City Engineer 06/03/25 Date For your reference, below are updates to the Lampson Well Treatment System - Public Construction Bid: • The Lampson Well Treatment System Bid Documents have been uploaded to the City of Seal Beach PlanetBid portal. Complete construction bid package may be downloaded using the following link: httDS:Hvendors.Dlanetbids.com/portal/39491/bo/bo-search ■ An optional construction pre-bid meeting has been scheduled for June 12, 2025, at 10:30 am at the Lampson Well project site (Lampson Avenue between Candleberry Avenue and Heather Street). All are welcome to join. EXHIBIT B PROPOSAL (Consultant's Proposal for Construction Management & Inspection Services, dated June 18, 2025) Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 a Presented to: Presented by. CITY OF SEAL BEACH BUTIER ENGINEERING, INC. Attn: Kathryne Cho, 17822 E. 17th Street, Suite 404 City Engineer/Deputy Public Works Director Tustin, CA 92780 kcho@sealbeachca.gov www.butier.com BUTIEReng Engineers sm TABLE OF CONTENTS Proposal to provide Construction Management and Inspection Services for the Lampson Weli Treatment System June 18, 2025 Submitted by: Butier Engineering, Inc. 17822 E. 17th Street, Suite 404 Tustin, CA 92780 BUTIERAiy Fnyincers SECTION 1. Executive Summary Cover Letter .i■NIIM. 0 J June 18, 2025 Kathryne Cho City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Subject: Proposal to Provide Construction Management and Inspection Services for the Lampson Well Treatment System Dear Ms. Cho: Butier Engineering, Inc. (Butier), a California C Corporation, is pleased to submit three (3) bound hard copies and one (1) electronic copy of our proposal in response to the RFP issued on May 7, 2025, and Addendum No. 1 issued on June 2, 2025. Butier holds a CA Class A General Engineering Contractor License #716863. If selected, we will secure a valid City of Seal Beach business license for the term of the agreement. For nearly 50 years, Butler has provided high-quality construction management and inspection services for municipalities and public agencies across Southern California for similar water production/treatment facility projects. We are providing CM and inspection services for the City of Manhattan Beach's Pacific Avenue and Voorhees Wastewater Pump Station Projects, designed by PACE Advanced Civil Engineering. Vast Understanding of Public Sector Work O Since 1976, Butler has successfully partnered with 50 municipalities and public agencies across Southern California, consistently delivering construction management services with a focus on protecting the owner's best interests. In Orange County alone, our experience includes similar projects for the cities of Anaheim, Buena Park, Cypress, Fountain Valley, Garden Grove, Placentia, Santa Ana, Tustin, and Westminster, as well as leading agencies such as OCWD, OC San District, EOCWD, IRWD, Mesa Water District, SMWD, and SCWD. HUT1 ER 1. EXECUTIVE SUMMARY COVER LETTER Independent, Third -Party CM is Our Focus AkButler focuses solely on providing independent third -party construction management services. - Consequently, we do not have the potential conflicts inherent with a multi -discipline design firm. Our focus in water/wastewater infrastructure dates to the firm's origin in 1976. Our project managers (PE and CCM), field inspectors, field engineers, schedulers, and estimators have provided comprehensive construction management and field QA/QC services on a number of the largest water/wastewater treatment, storage, and conveyance projects in Southern California. Over Two Decades of OC Groundwater Basin Experience Butler brings 25 years of unmatched experience providing comprehensive CM&I services for similar projects throughout the Orange County Groundwater Basin. We have successfully partnered with Orange County Water District on numerous critical groundwater projects, including the following: Groundwater Replenishment System Final Expansion (OCWD and OC San District Partnership) OC Groundwater Storage Program -8 Municipal Water Production Wells • Mid -Basin Injection Wells Centennial Park -4 groundwater injection wells • Tustin PFAS Treatment System and Conveyance -4 offsite extraction wells • EW -1 Well Equipping, Rehabilitation, and Redevelopment Based in Tustin with key staff residing in Orange County, Butler provides responsive, hands- on support for regional projects. As part of the community, we're committed to protecting and enhancing local groundwater resources through efficient, high-quality project delivery. Vast Understanding of Public Sector Work O Since 1976, Butler has successfully partnered with 50 municipalities and public agencies across Southern California, consistently delivering construction management services with a focus on protecting the owner's best interests. In Orange County alone, our experience includes similar projects for the cities of Anaheim, Buena Park, Cypress, Fountain Valley, Garden Grove, Placentia, Santa Ana, Tustin, and Westminster, as well as leading agencies such as OCWD, OC San District, EOCWD, IRWD, Mesa Water District, SMWD, and SCWD. HUT1 ER 1. EXECUTIVE SUMMARY COVER LETTER Proficiency with Regulatory Agencies' Rules and Regulations 0Butler has coordinated extensively with numerous regulatory agencies such as DDW, SCAQMD, �v^f RWQCB to ensure the highest standards of compliance throughout the construction process. We are © D committed to proactive risk management and clear communication, ensuring timely approvals and seamless project delivery. Butier's long-standing relationships with these agencies demonstrate our reputation for regulatory excellence and successful project outcomes. Bid Phase Support & Collaborative Constructability Review With five decades of experience in Southern California, Butier provides valuable insight into the _ regional contractor landscape, helping the Owner refine bid packages and strategically time their E— release. Our CM team coordinates pre-bid conferences, responds to bidder inquiries, reviews bids for completeness, and recommends the lowest responsive and responsible bidder. Additionally, we perform detailed constructability reviews to reduce risk, control costs, and identify schedule -enhancing improvements. For example, during OCWD's $284M GWRS Final Expansion, Butier helped mitigate COVID-19 supply chain delays by recommending the use of shelf - stock and previously procured materials—resulting in substantial cost and schedule savings. Delivering Community Sensitive, High -Profile Projects ��_ Butier effectively balances the interests of owners, jurisdictions, and stakeholders. On the City iof Tustin Public Works' Simon Ranch Reservoir Replacement Project, we supported public outreach efforts, successfully engaging residents and securing their support. We coordinated site access 4 and deliveries, and minimized impacts to nearby residential operations. Clearly defined roles and jurisdictional limits were established to minimize short-term construction impacts to the City. Sophisticated Management Technology Butier recommends using Procore for document controls. Our staff has successfully utilized the cloud -based system for nine (9) years to manage numerous projects for municipalities and public agencies. The program enables team members to quickly access key project metrics and provides near real-time updates. Additionally, Butier employs drone technology to document preconstruction conditions and track project progress. Administrative Elements • Professional Services Agreement—Butier takes no exceptions to the City's sample Professional Services Agreement included in the RFP as Exhibit A. a—E Financial Responsibility—Butier and our partner firms Ninyo & Moore and ON-SITE Technical Services have excellent financial management and accounting systems. • Conflict of Interest—Butier does not have any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the contract. • Litigation—Butier has not been involved with any litigation in connection with prior projects. We appreciate the opportunity to meet the City's project challenges, and we are confident we have assembled a team that will serve the best interests of all project participants. If you have any questions, please direct them to me for clarification at (714) 832-7222 or jrbutier@butier.com. Respectfully Yours, Respectfully Yours, 3aUTI Engineerin Inc. >BUTIER Engineerin , Inc. ark M. Butler, Jr. Corinne Butier President/CFO Vice President BUTTER 17822 E. 17th Street, Suite 404 1 Tustin, CA 92780 Construe Nan Mnna�eroConsuginy 6iyineers SECTION 2. Firm Qualifications & References :1ONIIM. K r mn Areas of Expertise & Representative Projects r 5 r r •y�tiC�LIFpR�IP.r� For nearly 50 years, Butier has delivered full-service construction management and inspection services for both design -bid - build and design -build projects involving advanced water treatment facilities (R0, MF, UV, GAC, IX), groundwater wells, pipelines, pump stations, reservoirs, and dams. Our project portfolio ranges from $1 million to $697 million and includes complex construction in congested areas, and mitigation of impacts to industrial, residential, and commercial properties. We also have extensive experience managing underground utility conflicts. Our CM team acts as an extension of our clients' staff, using proven coordination and control systems to meet cost, schedule, and quality goals. With 25 years of experience in the Orange County Groundwater Basin, our work includes OCWD's award-winning Groundwater Replenishment System Final Expansion, Advanced Water Treatment The Butier Team's expertise in ad- vanced water purification facili- ties dates back to the firms' origins. Representing over $2 billion in construction costs, our key personnel have performed engineering, constructability reviews, cost model and schedule reviews, construction manage- ment, inspection, commissioning, and startup services on a number of the largest water infrastructure projects in California. Projects have included the following components: • Groundwater Replenishment Systems (130 MGD) and Seawater Desalination Treatment (50 MGD) Granular Activated Carbon (GAC) and Ion Exchange (IX) Treatment Systems • PFAS and VOC Treatment Systems • Reverse Osmosis, Microfiltration, and Ultra Violet Facilities • Tertiary Treatment Plants • Title 22 Upgrades • Expansion of Headworks and Secondary Treatment Facilities • Primary and Secondary Clarifiers • Pump Stations and Flow Basins • Water Quality Laboratories • Reservoirs and Dams ■ Chemical Storage Facilities • Dual Media Filters • Yard Piping and Telemetry Systems Groundwater Wells Our key personnel have performed constructability reviews, construc- tion management, field QA/QC, and value engineering services for numerous groundwater wells, wellhead treatment, and equip- ping projects including, but not limited to, the following: • Mid -Basin Injection Wells - Centennial Park; Santa Ana, CA (OCWD)-4 groundwater injection wells and 2 monitoring wells ■ Orange County Groundwater Storage Program (OCWD)-8 Municipal Water Production Wells • Well 32 Rehabilitation Improvements; Santa Ana, CA (City of Santa Ana) -Well rehab, new well building, discharge piping, and chemical storage facility • Edinger Avenue Well Phase II Equipping; Tustin, CA (City of Tustin) ■ EW -1 Well Equipping, Rehabilitation, and Redevelopment; Fullerton, CA (OCWD) • Multiple Safe Drinking Wellhead Treatment Projects (Water Replenishment District of Southern California)—California American Water Company Arlington Well, Lynwood Well No. 11, and Huntington Park Well No. 15; Los Angeles, CA Pipelines & Conveyance Collectively, the Butier Team has managed pipeline projects totaling over 1,000 miles of water and reclaimed water transmission pipeline, trunk sewer, and interceptor sewer line. This experience includes projects ranging from $2 million to $160 million in construction value and pipelines from 6" to 120" in every available material currently specified. Project technical challenges have includ- ed the following: • Coordination with multiple agencies and contractors to complete interconnection tie-ins • Microtunneling through high -tourist, downtown beachfront areas in Los Angeles and Orange counties • Construction within industrial, residential, and commercial areas of Los Angeles, Orange, Riverside, and San Diego counties • Deep Shoring Systems • Boring and Jacking Operations in biologically/culturally sensitive areas ■ Drill and blast tunnel construction under major interstates ■ Permit Coordination ■ Traffic Control BUTT EFS Page 1 2. FIRM QUALIFICATIONS & REFERENCES t. City of Seal Beach 9 s� Construction Management & Inspection Services for fr Lampson Well Treatment System otv 1 OCWD Groundwater Replenishment System Final Expansion Fountain Valley, California OWNER/ADDRESS PROJECT DESCRIPTION Orange County Water District Butier Engineering, Inc. provided comprehensive 18700 Ward Street construction management and inspection Fountain Valley, CA services for the GWRS Final Expansion CLIENT REFERENCE Project. The GWRS—the world's largest water Treatment Facility purification system for indirect potable Michael Markus, Former GM reuse—provides an additional 31,000 AFY of Tel: (714) 349-1677 advanced treated wastewater (recycled water) michaelmarkus@gmail.com to the Orange County Groundwater Basin. PROGRAM VALUE/ The Project included expanding the existing COMPLETION 100 mgd Advanced Water Purification Facility $284 million / 2023 (AWPF) to 130 mgd. Additional components included: PROJECT SIMILARITIES AWPF and EQ Tanks: 6 Reverse Osmosis Units, 3 New Ultraviolet trains, filters, supply Orange County pumps, and expansion to the Microfiltration West Building. Two flow EQ tanks (6 MG) Groundwater Basin at OC Sanitation District's Plant No. 2 (P2). Water Production/ P2 Secondary Effluent Pump Station and Pipeline: Pumps 40 - 80 mgd of secondary Treatment Facility effluent to the GWRS. Three duty pumps and one 100 hp standby pump. Rehabilitation Contractor and of 15,750 LF of pipeline between Plant No. 1 and P2 to bring secondary effluent to Stakeholder Coordination the GWRS. Alignment consisted of 10 manholes, and access pits were required to effectively slipline the pipe with a 60 -inch fiberglass reinforced plastic pipe (FRP). PROPOSED KEY PERSONNEL INNOVATIVE APPROACHES Mark Butier, Project Director The project was built during the COVID-19 pandemic, when supply chain disruptions Stephen White, Resident Eng. impacted major public works projects. The team used an innovative approach, Casey Harris, Senior Scheduler substituting affected components with available shelf -stock items, including previously Bryan Wilson, Project Controls procured materials reimbursed by the Contractor—resulting in cost and schedule Joe Hawes, Field Inspector savings. An unforeseen unstable soil condition during the 96 -inch pipeline installation required partial removal and re -installation. Thanks to strong trust among the Owner, CM, Bruce Phillips, Electrical and Contractor, the rework proceeded on a T&M basis, with a negotiated change order later issued, impacting the schedule by 45 calendar days. BUTT ER Page 2 2. FIRM QUALIFICATIONS & REFERENCES C�,, ,,,,�ti�� �,"'ag", , City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System 2 OCWD City of Tustin PFAS Treatment System and Influent Conveyance Tustin, California OWNER/ADDRESS PROJECT DESCRIPTION Orange County Water District 18700 Ward Street Fountain Valley, CA CLIENT REFERENCE Fernando Almario, PE Project Manager Tel: (714) 721-6380 falmario@ocwd.com CONSTRUCTION VALUE/ COMPLETION $24 million / 2025 PROJECT SIMILARITIES Water Production/ Treatment Facility Multiple Extraction Wells Multiple Stakeholder Coordination Community Outreach PROPOSED KEY PERSONNEL Mark Butier, Project Director Joe Blum, Project Manager Bruce Phillips, Electrical BUTTER sanrrro Nw. Mon��Qnrt �;o s r+m, tn,O,, Butier Engineering, Inc. provided construction management and inspection services. Portions of Tustin's groundwater supply have been impacted by per- and polyfluoroalkyl substances (PFAS) that are prevalent in the environment and commonly used in consumer, commercial, and industrial products. OCWD and the City of Tustin implemented a new treatment system at the existing Main Street Water Treatment Plant to eliminate these compounds and continue to ' provide safe and reliable drinking water supplies to the Tustin customers. The scope of work included the following: • Demolition and removal of an existing RO and ion exchange treatment plant • Construction of eight (8) ion exchange vessels • Connection and installation of 3 miles of influent pipeline from four (4) off-site extraction wells to the new treatment facility • Distribution piping from the Main Street Water Treatment Plant • Installation of new ion exchange and nitrate treatment, sodium hypochlorite storage, and disinfection systems • Removal and replacement of booster station pumps and pipes • Above and below grade waterlines and sewer and storm drain improvements • New electrical service, MCCs, VFDs, ATS, and instrumentation and controls • Upgrades to the City's SCADA system • Asphalt removal and replacement, striping, and traffic control Page 3 2. FIRM QUALIFICATIONS & REFERENCES 4.4 rV®�Fy ; i City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System 3 1,4,3 - Trichloropropane Removal GAC Treatment Plant Chino Hills, California OWNER/ADDRESS PROJECT DESCRIPTION City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 CLIENT REFERENCE Fe Rama, PE, Senior Engineer Tel: (909) 364-2776 frama@chinohills.org CONSTRUCTION VALUE $15.5 million COMPLETION 2025 PROJECT SIMILARITIES 10 GAC Treatment Vessels Multiple Wells Testing, Startup & Commissioning Multiple Stakeholder Coordination PROPOSED KEY PERSONNEL Mark Butier, Project Director Casey Harris, Senior Scheduler Bryan Wilson, Project Controls BUTIE� Cnrr5lr �iclir�,i N.ariI s l; oiisirlfiii�Fri�ir eis Butier Engineering, Inc. is providing construction management and special inspection services for the water treatment facility, which will enable the City of Chino Hills to reactivate six City -owned wells. The project will ensure compliance with the California State Water Resources Control Board's MCL for Trichloropropane (TCP), which was detected in the City's groundwater wells. The water treatment facility will use advanced water purification technology to produce Click Here to View Video 3 MGD of high-quality local drinking water. City wells will pump groundwater from the Chino Basin Aquifer to the TCP treatment plant, where it will be filtered through granular activated carbon (GAC) to remove 1,2,3 TCP. The treated water will be tested to ensure it meets all safety and quality standards before being distributed to customers. The scope of work included the following: • Construction of a centralized GAC treatment plant • Installation of 10 GAC treatment vessels, surge tank, connections to existing utility mainlines, testing, startup, and commissioning • Booster 9 Station improvements, including replacing pumps and motors, and upgrading electrical units and telemetry system • Installation of 6 -foot block wall, gates, fencing, landscaping, and irrigation • Site grading, earthwork, tree removal, piping, paving, and foundations PROJECT BENEFITS • Reduces dependence on costly imported water by over 75 percent. • Provides residents with an additional local source of high-quality drinking water that is clean, safe, drought -proof, and cost-effective. Page 4 2. FIRM QUALIFICATIONS & REFERENCES City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System f �.q[lFOR 4 OCWD Mid -Basin Injection Wells and Pipeline Santa Ana, California OWNER/ADDRESS PROJECT DESCRIPTION t" Orange County Water District Butier provided constructability review, project coordination, construction management, 18700 Ward Street and field inspection services for the Mid -Basin Injection Wells Project located within the Fountain Valley, CA City of Santa Ana's 87 -acre Centennial Park. The wells are used to directly inject product CLIENT REFERENCE water from the District's Groundwater Replenishment System (GWRS) into the principal groundwater aquifer in the central portion of the Orange County Groundwater Basin. The Ben Smith, PE scope of work included the following: Project Manager Tel: (714) 378-3211 Construction of four (4) groundwater injection wells in below grade vaults (1,200 bsmith@ocwd.com feet deep) and installation of submersible pumps CONSTRUCTION VALUE Construction of two monitoring wells and all related appurtenances $29,500,000 Construction of 5,700 linear feet of purified recycled water injection supply pipeline that connects to the District's existing GWRS pipeline and crosses the COMPLETION Santa Ana River via a bridge 2020 Construction of 4,200 liner feet of backflush discharge pipeline that discharges to PROJECT SIMILARITIES the Greenville -Banning Channel and Centennial Park Lake Orange County Repaving of 9.6 acres of parking areas and roadways circling Centennial Park Groundwater Basin Demolition of an existing City of Santa Ana restroom facility and construction of new restrooms and changing rooms near the park's soccer fields Groundwater Injection Wells • Construction of a new structure to replace existing restrooms and adding a park Hardscape and Landscape office near the skate park Roadway Improvements Construction of a new sidewalk between the parking lot and soccer fields Multiple Stakeholder Replacement of fencing surrounding the skate park with 8 -foot fencing and Coordination installation of surveillance cameras Community Outreach • Site improvements to the Heritage Museum Assistance MULTIPLE CONTRACTOR & STAKEHOLDER COORDINATION PROPOSED KEY PERSONNEL The design and construction of this project required special consideration of Park impacts. Mark Butier, Project Director The project required close coordination with the City of Santa Ana, Santa Ana Unified School Casey Harris, Senior Scheduler District, Heritage Museum, and state and federal agencies. The Museum contains a historic Bryan Wilson, Project Controls plaza featuring several buildings from the 1890s, extensive flora gardens, citrus groves, agricultural demonstration garden area, and a restored wetland area. BUTIER Page 5 2. FIRM QUALIFICATIONS & REFERENCES Canslrunc�n-Nan.nas Coiisulfiny rrryir3ners SECTION 3. Project Team Organization .Ilo0I=. 74 t- 1 ■ ��vl W 3 � li er, ,►M�� �.w T T � ■ To r .Ilo0I=. 74 t- 1 ■ ��vl W 3 A. Professional & Proven Team The value of Butier's construction management team to the City of Seal Beach will be in the collective experience and abilities of its members to do the following: • Provide independent, third -party CM and special inspection support services • Meet the City's cost and schedule objectives • Build strong relationships with stakeholders • Provide flexible staffing economies • Integrate the CM Team with the City's staff • Implement a proactive claims control process Adjacent Properly Owners Local Businesses & Residents Utility Agencies Local, State & Federal Agencies •Uan� SEAG'��nS. s r t '••4[1F�RN�P: As demonstrated on the following pages, Butier's project management and inspection responsibilities are always handled by the project team member best experienced to provide the needed service. This formula is critical for the City's defense in the event of project claims. It is also a more lean and efficient use of contract administration budgets to match staff skills to project needs. Our CM team is vigilant during each phase of a project to meticulously document project activities to minimize Contractor claims. Butier team members have a high level of familiarity with this project type and will mitigate the City's exposure to frivolous claims. Using Butler's proposed Procore project management software, combined with our experience, we can streamline the review and approval processes. Project Team Organizational Chart Casey Harris Senior Scheduler/Claims Joseph Blum Constructability Review Bryan Wilson Document Control Specialist Kathryn* Cho City Engineer/ Deputy Public Works Director Engineering Division City Manager/Communications Community Development PACE Advanced Civil Engineering (Engineer of Record) BUTIER ENGINEERING PROJECT General Contractor (TBD) Mark M. Butler Project Director {AIL Responsible Representative) Stephen White, PE wwa= Project Manager iResponsiblc Reoresontativel "INTO a MGORE 54113 ■ MIATERIAIS, tF_SMNG Garreth M. Saiki, PE, GE Principal -in -Charge Matthew Jacobs, ACI, ICC Semoi Field Technician Robert Burford, CWI Lead Inspector Joseph Hawes, CCM, CWI, NACE I Alternate Inspectoi j Bruce Phillips Electrical Inspector Kent Kreeger Mechanical/Startup Juvenclo Figueroa Startup Support NMI HUTI ER Page 6 3. PROJECT TEAM ORGANIZATION B. Multidisciplinary Construction Management Team City of Seal Beach Construction Management & Inspection Services for Larnpson Well Treatment System Butier has assembled a multidisciplinary team of professional construction management and inspection personnel whose qualifications and experience mirror the expertise required to accomplish the scope of work for the Lampson Well Treatment System Project. Biographical sketches and responsibilities for our lead personnel and company overviews for our subconsulting team members are provided on the following pages. Detailed resumes for all personnel identified on the organizational chart are provided in the Appendix. All proposed Butier personnel are residents of the Orange County area and report to our office located at 17822 E. 17th Street, Suite 404; Tustin, California 92780. Education STEPHEN WHITE, PE Project Manager (Responsible Representative) As Project Manager, Stephen will serve as the City's primary point of contact throughout all phases of the Lampson Well Treatment System Project. He will work closely with Butier's Lead Field Inspector and maintain on-going interaction with the City, Contractor, Designer, and other project stakeholders. He will be responsible for constructability review, bid support, public outreach assistance, contract administration, change order and claims management, and preparation of communications manuals and progress reports. M.S., Civil Engineering, California State University Long Beach, 2011 B.S., Civil Engineering, California State University Long Beach, 1997 B.A., Physics, University of California, Berkeley, 1986 Licenses/ Certifications Registered Professional Engineer (Civil), State of California No. 61828, Expiration: 6/30/2027 Professional Summary Mr. White brings 28 years of experience in the construction industry, including 26 years with Butier Engineering, with a focus on water treatment facilities, wells, reservoirs, and pump stations. As a seasoned resident engineer, he has specialized in water infrastructure projects, specially located within the Orange County Groundwater Basin. Stephen offers strong project management and technical expertise, particularly in contract administration, including change orders, pay requests, subcontracts, and records management. His capabilities also include field supervision, design review, project scheduling, and client interface. Relevant Project Experience Orange County Groundwater Storage Program (OCWD)—CM and inspection services for 8 municipal water production wells located throughout the OC groundwater basin. Coordinated with seven municipalities and their associated Public Works Departments. Groundwater Replenishment System Final Expansion (OCWD)— Increased treatment capacity from 100 MGD to 130 MGD, making it the world's largest advanced water purification system of its kind. Expanded the existing MF, R0, and UV treatment processes; constructed a new pump station and two large prestressed concrete storage tanks; and rehabilitated an existing pipeline between OC San's Plant No. 1 and Plant No. 2. • Sativa Well 5 Treatment (WRD)— Installation and construction of a wellhead treatment facility to remove manganese from the water pumped from the existing well. • Water Wells 3A and 5 (City of Huntington Beach)—Construction of new groundwater pumping facilities for two water wells, including structural buildings, piping/mechanical, and electrical improvements. Orange County Burris Basin Pump Station (OCWD)—Constructability review and construction management services for the construction of a new 10,000 SF storm water pump station to capture and pump stormwater flows from the Santa Ana River to recharge Orange County's groundwater aquifer. Torrance Groundwater Desalter Expansion (Water Replenishment District of Southern California)— Comprehensive program that focuses on the remediation of the local groundwater aquifer by removing trapped seawater, thereby increasing the aquifer's storage capacity. The project supports WRD's mission to manage, protect, and preserve the region's groundwater resources. • JMMCRWRP Recycling Plant Phase II Expansion (WBMWD)—Installation of new custom -engineered microfiltration system. • 8 MG Peck Reservoir, Pump Station, and Pipeline Replacement (City of Manhattan Beach)— Construction of a partially -buried cast -in-place concrete reservoir, operations building and water quality laboratory, pump station, and electrical control building. Performed CM&I and extensive community outreach. BUTIER Page 7 3. PROJECT TEAM ORGANIZATION (.',m¢Imc oun lfa qj; +s. Lars surfing F4myno .e MARK M. BUTIER, JR. Project Director/ Alternate Project Manager (Responsible Representative) Availability: As -Needed JOE BLUM Constructability Review Availability: As -Needed ROBERT BURFORD, CWI Lead Field Inspector Availability: Full Time City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System Mark's expertise includes 38 years of project management, client relations, contract management, staff resource management, claims mitigation, and public outreach for multi- million -dollar municipal, public agency, and special district capital improvement projects. As Butler's Project Director, Mark is authorized to negotiate contracts on behalf of Butier Engineering. He will meet with City staff at key project milestones, as appropriate. He will provide as -needed contract and staff resource management support services and work closely with the Project Manager and Lead Field Inspector. Mark has worked in this capacity for the following water well and OC Groundwater Basin projects: OCWD Groundwater Replenishment System Final Expansion ($284M) • OCWD Tustin PFAS Treatment System and Influent Conveyance (4 extraction wells) • OCWD Mid -Basin Injection Well—Centennial Park (4 injection and 2 monitoring wells) • OCWD Orange County Groundwater Storage Program (8 municipal water wells) Joe Blum brings over 40 years of experience managing and estimating the construction and reconstruction of heavy civil engineering projects. Projects include treatment facilities, wells, reservoirs, pump stations, recharge basins, wetlands, pipelines, earth moving, mass grading (125 million yards of soil), concrete structures, drainage, wet and dry utilities, flood control facilities, blasting, and screening. If needed, He will be responsible for providing constructability review services for the 90% design submittal. Joe has comprehensive experience in all aspects of due diligence analysis, management of design engineering, project development, and execution, and has provided extensive community outreach assistance for projects throughout Orange County, Los Angeles, Riverside, and San Bernardino. Joe has managed the following projects located within the OC Groundwater Basin: • OCWD Tustin PFAS Treatment System and Influent Conveyance (4 extraction wells) • OCWD Kraemer Recharge Basin Pipeline • OCWD Miller Recharge Basin Pipeline • OCWD Construction of Fletcher Basin • OCWD Prado Wetlands Restoration Robert Burford has 38 years of experience managing the scheduling and daily field operations for various public infrastructure projects. He has performed inspections of varying degrees for mechanical, electrical, plumbing, post -tension, reinforced concrete, structural steel bolting and welding, structural masonry, soils and engineered fill operations, and fuel systems. As a Lead Inspector for Butier, Robert focuses on water capital improvement projects. His strong field presence and technical knowledge make him a reliable liaison between project stakeholders and a key asset on complex construction projects. He will be responsible for preparing daily inspection reports; reporting non-conformance issues; performing technical inspections of materials and workmanship; managing utility and agency coordination; reviewing submittals, RFIs, and field memos; assisting in as -built drawing preparation; and communicating with owners, engineers, and contractors. Robert's recent experience includes West Basin Municipal Water District's Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion and MWD's Second Lower Feeder PCCP Rehabilitation Reach 3A and 3B. BUTIER Page 8 3. PROJECT TEAM ORGANIZATION Ca,onnr.,au, ud„ugr.s. Co,+v+a.y rngm,•n,. JOE HAWES, CCM, CWI, NACE Alternate Inspector Availability: As -Needed CASEY HARRIS Senior Scheduler Availability: 10% City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System As a Senior Quality Control Inspector and Field Construction Manager, Mr. Hawes has managed the scheduling and daily field operations for various public works, residential, and commercial projects, including water treatment facilities, wells, reservoirs, pump stations, pipelines, and airports. He has performed varying degrees of inspections for fuel systems, electrical, plumbing, post -tension, reinforced concrete, welding, structural masonry, soils/engineered fill operations, mechanical, industrial coatings, and cathodic protection systems. Joe recently performed field QA/QC services for the following OC Groundwater Basin and well projects: • OCWD Groundwater Replenishment System Final Expansion ($284M) • City of Santa Ana Well 32 Rehabilitation Improvements • Mesa Water District Wells 12 and 14, South Croddy Way and West Chandler Ave. Casey is an expert CPM scheduler and has 45 years of diverse expertise in construction project management. Throughout a distinguished career, Casey has provided comprehensive schedule review services and led the successful delivery of multi-million dollar capital improvement projects for municipalities, public agencies, and special districts. Casey will evaluate and monitorthe Contractors' baseline schedules, look -ahead schedules, monthly schedule updates, TIAs, and schedule revisions. He will update the project schedules to reflect actual progress and changes. Casey has provided schedule review services for numerous similar projects including, but not limited to, the following: OCWD Groundwater Replenishment System Final Expansion ($284M); OCWD Mid -Basin Injection Wells—Centennial Park, Water Replenishment District Torrance Groundwater Desalter Expansion, Carlsbad 50 MGD Seawater RO Desalination Treatment Plant and Pipeline ($697M), City of Chino Hills 1,2,3 -TCP Removal Treatment Plant, Water Replenishment District Sativa Well 5 Treatment, and CDA Well 1-11 Booster Pump Station. Bryan has 25 years of field engineering, estimating, cost review, and inspection experience. He is responsible for the flow and storage of project documentation between the project team and key stakeholders. Bryan will provide the processes, procedures, and training to assist the project team with organizing and managing documentation, ensure that document control requirements are met, and produce logs, transmittals, and other reports as required. BRYAN WILSON Bryan's recent similar experience located within the Orange County Groundwater Basin includes: OCWD Groundwater Replenishment System Final Expansion ($284M), OCWD Document Controls Specialist Availability: 10% Mid -Basin Injection Well—Centennial Park, and OCWD Tustin PFAS Water Treatment Plant. Bruce is an experienced Electrical Inspector and SCADA Integration Specialist. He has over 30 years of experience providing these services for various public and private sector _ projects. He coordinates integration work activities between the Contractor and operations .. staff and programming and testing activities. He will provide electrical inspection services as -needed to verify compliance with the design intent and contract documents. J Bruce's recent project experience includes the following: OCWD Groundwater ' Replenishment System Final Expansion ($284M), OCWD Tustin PFAS Water Treatment BRUCE PHILLIPS System and Influent Conveyance Project, Poseidon Resources Standalone Intake Electrical Inspector Modifications ($182M); and WBMWD Juanita Millender-McDonald Carson Regional Water Availability: As -Needed Recycling Plant Phase II Expansion ($22M). BUTT ER Page 9 3. PROJECT TEAM ORGANIZATION „,"Ilf� qt sous >l7iuy :-r SQA 1 f ••.c�[r�vp�!?� Ninyo & Moore (SMBE/DBE/VSBE) Materials Testing and Special Inspection 475 Goddard, Suite 200 1 Irvine, CA Contact: Alfredo "Tino" Rodriguez, Principal Tel: 949-795-9393 CA DIR #1000004481 Established in 1986, Ninyo & Moore is a , multidisciplinary California corporation specializing in geotechnical engineering, engineering geology, environmental consulting, materials testing, and inspection services. Over the past 39 j1�11 years, the firm has grown to a team of more than 600 experienced professionals, including licensed geotechnical, civil, and environmental engineers; engineering geologists; hydrogeologists; environmental scientists; certified technicians; field inspectors; and hazardous waste compliance specialists. Ninyo & Moore has successfully supported hundreds of public infrastructure projects across California and the western United States, including water and wastewater treatment plants, pump stations, pipelines, reservoirs, wells, storm drains, and sewer systems. The firm has extensive experience working with major public agencies such as the Orange County Water District, Metropolitan Water District, LADWP, Irvine Ranch Water District, and many others, and is well -versed in their regulations, standards, and procedures. The firm operates five certified geotechnical laboratories in California, all supervised by registered engineers and accredited by AASHTO, Caltrans, the Division of the State Architect, the City of Los Angeles, and the City of San Diego. With a proven track record and multidisciplinary expertise, Ninyo & Moore is a trusted partner for complex infrastructure projects requiring technical precision and regulatory compliance. Ninyo & Moore has provided geotechnical, materials testing, and specialty inspection services as part of Butler's team on numerous projects, including: • OCWD GWRS Final Expansion and Conveyance Pipeline • OCWD Tustin PFAS Treatment System and Influent Conveyance • OCWD Mid -Basin Injection Wells - Centennial Park • Water Replenishment District Sativa Well 5 Treatment • Chino Basin Desalter Authority Chino I Desalter VOC Treatment Facilities City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System ON-SITE Technical Services, Inc. r Startup, Testing, and Permitting 12842 Valley View St., #108 1 Garden Grove, CA Contact: Kent Kreeger, Principal Tel: 714.903.3990 CA DIR #1000022221 ON-SITE Technical Services, Inc., led by Principal Kent Kreeger, has provided 30 p years of QA inspection support for similar x projects throughout the U.S. and overseas. Their personnel's qualifications range �, 0 ' 0 from ICC and ACI Certifications, NACE v Certified Coating Inspectors, AWS certified inspectors, and mechanical engineers. Their highly trained professionals are experienced in startup and commissioning support, fabrication inspection of large diameter pipe and engineered equipment, construction inspection, forensic analysis, failure analysis, root cause analysis, and electrical inspection. ON-SITE's team of rotating equipment engineers provide technical support during engineering, procurement, factory testing, installation, startup and commissioning. Mr. Kreeger will serve as the CM Team's Senior Startup Engineer and will be responsible for the tasks outlined in the RFP. Kent will manage and coordinate the startup and commissioning of the facility in accordance with the Contract Documents, overseeing the Contractor's development and execution of startup and commissioning plans. He will work closely with the Project Team to integrate efforts across all parties involved, ensuring proper execution of all related activities. Kent will also provide inspection and technical expertise to confirm compliance with the Contract Documents, manufacturer recommendations, and industry best practices. For over 20 years, Butler and ON-SITE have collaborated on major capital improvement projects including, but not limited to, the following: • OCWD GWRS Final Expansion and Conveyance Pipeline • OCWD Orange County Burris Basin Pump Station Phase 2 • OCWD Orange County Santiago Basin Floating Pump Station • Water Replenishment District Sativa Well 5 Treatment ■ City of Chino Hills 1,2,3 -TCP Removal Treatment Plant BUTI ER Page 10 3. PROJECT TEAM ORGANIZATION 0 T oD C b0 Z C C O y - y 0 O ~ n 0 u E -a o L7 a N N d N d � ¢ x a v � N = U V c y oy o � N- Y `m E in E y CO? Y 0 V N a a a N C L a V U d Co W C C E N N 3 ° 0 m c LL m O V V O d � VOi m y O J Q: _ - 3 d CL E T � CO a L m a .• a V N � O N C O _ U bD r O L m 3 S C d u L a - y J C W C - J W M > Z � o - z J lu Wru - O �O o LU W ° y 1/1 d a N b0 m CL SECTION 4. Project Understanding/Approach 4.4 T r r . ' A . • Np*... A :i■NIIM: ,�{pF 5EA2 �F4�y. ( s i f '�4CIF�RP1rA" 1. Project Understanding & Approach The Butler Team has been tracking the progress of the Lampson Well Treatment System Project and is excited about the opportunity to partner with the City of Seal Beach. We understand that the treatment system is crucial for restoring the Lampson Well to its full operational capacity. We attended the pre-bid meeting, spoke with City project management staff, and reviewed the project documentation to gain a clear understanding of the main goals, objectives, and challenges. The City of Seal Beach operates four groundwater wells, including the Lampson Well located at 4307 Lampson Avenue, which was constructed around 2011. The well is equipped with a 500 -horsepower pump capable of delivering up to 3,500 gpm at 440 feet of head. However, due to elevated hydrogen sulfide (H2S) levels in the groundwater—which cause odor and water quality concerns the well has been operating at a reduced rate of approximately 700-800 gpm. The City engaged Pacific Advanced Civil Engineering, Inc. (PACE) to design a treatment system using four granular activated carbon (GAC) vessels to address elevated H 2 S levels in the groundwater at the Lampson Well. The system is specifically designed to mitigate unpleasant odors caused by H 2 S without compromising water safety, ensuring residents are not adversely affected. Configured in a lead -lag arrangement, the GAC vessels will maximize HS removal efficiency and are adaptable for treating future contaminants if necessary. Project Objectives/ Benefits • Reduce hydrogen sulfide concentrations to enhance water quality. • Restore the Lampson Well's production capacity to its intended 3,500 gpm. • Support increased operational efficiency and a return to higher flow rates. • Provide long-term flexibility to address future water treatment needs. • Ensure ongoing compliance with all applicable regulatory standards. Construction Start: August 2025 Estimated Duration: 9 Months Estimated Construction Cost: $3 million (RFP) BUTT ER Page 12 4. UNDERSTANDING/APPROACH Consfrucflon Managers, Co Ing "<nglneers 4' SEA[" y 'ti r •'�"�rFat�!��� r City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System Key Challenges / Team Strategies After reviewing the RFP and additional project information, we have identified the issues we believe are key to meeting the City's project objectives. The following table identifies the potential issues, strategies for resolution, and results for construction management, constructability and stakeholder coordination/interface. CHALLENGES / OBJECTIVES Stakeholder Utilize top tier document control package for 24/7 team access. Butier's IT infrastructure Coordination provides a facilitated, secure document filing system for detailed project progress and streamlines communications and accountability. The platform is customized to provide 0 efficient integration of the project team and transparency/security to City staff. Q O9 Permit and regulatory compliance will drive the baseline schedule. Preliminary meetings will be held with each entity to ensure all compliance activities are identified in the proposed baseline schedule. • A matrix of compliance items will be developed to eliminate potential conflicts. • Key personnel understand City processes, timelines, etc. • City Communications staff will be involved in weekly construction meetings and be Public Relations / advised on all construction activity with potential community impact. Community Outreach Field construction personnel will be fluent with the project specific communications plan and protocol. The Butier Team will provide construction updates/alerts to the City's PM staff and Communications Manager. ��� 0 * � . 0 Key personnel will assist in the resolution of construction -related concerns from affected businesses, residents, and/or the general public. The Butier Team will participate in meetings with public boards and community associations dealing with the impact of construction activity on the local community. Coordination with City Building Department Integrate City Inspection staff into the field CM team progress meetings. • Ensure timely coordination of required building code inspections. Ensure coordination of "Sign Offs" with GCs and specialty sub -contractors. WW • Include code inspections activities into approved baseline schedule. Site Access Provide robust and detailed sequencing and traffic control plan. _ • Coordinate access into work area. BUTIER Page 13 4. UNDERSTANDING/APPROACH 2. APPROACH TO PROJECT CONTROL City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System ELEMENTS O F cost Control Schedule Control PROJECT CONTROL Change management Schedule Review; and pricing; force variances addressed at account tracking; and progressmeetings; and Butier will use a project control system estimating ariance identification / initiates recovery consisting of the following elements that will provide QA/QC procedures and guidelines in the successful execution of the Project. Our team's ability to manage relationships with QA/QC Control CM Manual members of the project team will also be Respond to 1111171s, field CM organization; roles and essential to minimize confl)cts and keeping documentation of site materials; responsibilities; reporting the same goals in mind. g dairy progress reports; review as-- built drawings; and permits & relationships; communication requirements; and construction regulatory agency requirements management procedure Butier utilizes Oracle Primavera P6 to provide resource -loaded schedules, which are the basis for evaluating performance and identifying if potential problems will occur. The Contractor will be required to submit a detailed resource -loaded schedule for acceptance by the City. The Contractor is then required to provide timely, detailed status information as the work progresses. The Butier Team will project future performance through trend analysis and evaluate the Contractor's performance by comparing actual qualities completed versus planned. The primary resource loading for these evaluations includes cost (dollars); workforce hours (by craft); quantity of work (CY, LF, etc.); and equipment listing. While the CM Team's ability to meet schedule milestones is important for meeting the overall goals of a project, their ability to monitor and manage each Contractor's performance is critical to minimizing problems during construction. Accurate two-week look ahead schedules are a key component to keeping focus on critical activities. Butier's Project Manager will conduct weekly meetings to discuss look -ahead schedules, projecting critical milestones and items needing resolution. Recovery plans are required whenever a Contractor falls significantly behind schedule. These plans should address mitigation efforts such as additional crews, additional shifts, or developing work -around schedules that move the delayed activity off the critical path so that its completion will not affect critical milestones. The importance of schedule management and "staying ahead of the Contractor" is critical for managing an inexperienced Contractor or managing a Contractor that is prone to submitting claims, in order to minimize costs to the City. The Butier Team evaluates each variance, its cause and possible corrective actions, and requires the Contractor to provide an action plan to correct unsatisfactory variances. If a satisfactory resolution is not achieved, the Butier Team must take action. The QA/QC Plan will reflect a set of objectives defined by City staff and assigned construction management and inspection personnel. The Plan will provide City staff with a format for measuring policy objectives. Quality Assurance—Procedures or actions to be confirmed include the following: CM Plan; specific QA/QC requirements; submittal process plan; document control and file management plan; identification of City approvals at milestones and control of field data; control of testing to determine validity and accuracy of data collected in the field; calibration and testing of equipment; identification of the need for corrective action; and auditing to verify compliance. Quality Control—Activities to be verified for the work include review by the quality control team; identification and compliance with applicable codes, ordinances, permits, environmental requirements, etc.; review input data and check calculations; review drawings, specifications, technical reports, memos, and meeting minutes; perform constructability, operability, maintainability, and usability reviews; and review design for compliance with safety standards. BUT1 ER> Page 14 4. UNDERSTANDING/APPROACH The PM will prepare an abbreviated CM Communications Manual to be approved by the City. The manual will include project correspondence in accordance with the City's document formatting standards. It will integrate the interdependent roles of the City, Construction Manager, Engineer, and Contractor through all phases of the work. The Manual will include, at a minimum, the following items: • Project Organization: assignments, responsibilities, lines of communication, and methods for interfacing with team members • Meeting and Notice Procedures: Schedules, notices, agendas, reporting procedures, documentation requirements, and timely acceptance processes • Contract Administration: Description of control systems and procedures utilizing Procore for performing and documenting submittal reviews, RFIs, change orders, claims, and closeout activities 3. SCOPE OF WORK For the construction phase of the Project, Butier has assembled an outstanding CM Team to partner with the City and other project stakeholders. Our preconstruction phase approach has been developed to provide strong support to the City including constructability reviews, bid phase services, scheduling and estimating, construction strategies, with supplemental services including assistance with public relations and community outreach programs. Our proactive approach will begin with the pre-bid/bid stage, where we will work closely with the City to ensure that the CM process has a good jump start. Key efforts will include a constructability review and bid review assistance. 1. Constructability Review A constructability review will be performed to ensure complete and quality plans, evaluate all elements of the project, and simulate preparation of the bid. For example, we will look at the staging requirements and mobilization, layout and control surveys to assure that adequate information is available to start the project. Key delivery dates for equipment will be checked to determine if the schedule is realistic and the constraints of equipment deliveries are planned. Coordination among the disciplines and plans and specifications can be problem areas, where issues are discovered during the constructability review. We will also identify potential cost savings measures in the constructability review workshop. City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System The CM team will implement a checklist for a thorough constructability review through final design completion of the project plans, technical specifications, and estimates provided by the Designer. The CM Team will prepare a report for review, comment, and approval by the City prior to submitting comments to the Designer. The constructability review will include, but not be limited to, the following: technical elements of the design; completeness and compatibility of the plans and technical specifications; compatibility of the design packages; and feasibility of the construction staging/phasing. 2. Review of Contract Documents The CM team will perform a thorough review of the contract documents, project plans, technical specifications, and permitting documents to determine if ambiguities, errors, omissions, or conflicts exist. The review will include, but not be limited to, the appropriateness of the number of working days allowed, the appropriateness of the amount of liquidated damages and timely coordination with other agencies. 3. Evaluation of Contractors' Bids The CM Team will review all bids submitted, prepare a bid summary sheet of all bids, conduct a reference check on the apparent low bidder, and provide a recommendation to the City for bid award. The PM will assist the City with any bid protests and contract negotiations. 4. Preconstruction Conference The PM will schedule, notify appropriate parties, and conduct initial preconstruction meeting with the Contractor. The PM will prepare and distribute preconstruction minutes to attendees and other parties. The preconstruction meetings shall cover, at a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values (bid breakdown), communication protocol, procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, requests for clarification, progress payments, change orders, liquidated damages, inspection requirements, safety issues, emergency response requirements, as -built drawing protocol, and other pertinent topics. The PM will collect the required submittal items from the Contractor at the preconstruction meeting. B. Construction Services 1. Correspondence and Reports a. Document Standards The PM will prepare project correspondence and other forms of communication in accordance with industry standard document control and management procedures. b. Document Tracking/Control BUTIER Page 15 4. UNDERSTANDING/APPROACH Butier recommends using Procore — a web -based document control system—for project administration. Our personnel use the cloud -based system to store, review, track, and manage all project documents from construction drawings, specifications, and submittals to progress photos, payment applications, and daily reports. Procore provides unlimited users and storage, 24/7 visibility into project status, and a centralized, comprehensive web -based platform to manage vital project data. All parties have access to the system via a web browser on their computer or mobile device using secure log -in information. Additionally, our CM team can configure Procore to display the latest Primavera P6 construction project schedule and weather information, both current and forecast. Automated emails are generated by the program to remind personnel of required documentation reviews and other project related tasks that need attention. Project documentation is continuously updated and available to all involved personnel, with prior revisions stored for reference. At the conclusion of the project, documentation is converted to PDF format and distributed to the appropriate parties. c. Records The PM will maintain records of inspection reports with photos, weekly reports, labor compliance, schedule of values, as -built plans, test results, and various documents received from the Contractor, Designer, manufacturers, and others. The PM will also verify that all Trade personnel listed in the daily log are also listed in the certified payroll and will conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payment. City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System damage identified within the limits of work, in adjacent areas, and along access and haul roads. The field inspectors and other Butier team members will document any damage incurred to public and private property during the construction phase and will notify the owners and the City immediately following the discovery to resolve repair requirements. b. Progress and Other Photos The Butier team will provide and log construction digital photographs on a regular basis. A digital photographic library of significant construction activities will be maintained. The photographs will be date-stamped and will include the location, orientation, and narrative information. Additional digital photographs will be taken to document differing site conditions, change order and claim items, and any special or unique conditions as they arise. UnItin UWS d Swr�,e •''OriY.' ,,;nnua�u krlm a 2. Site Condition Documentation a. Preconstruction The Butier Team will review the site conditions before construction operation begins. The existing conditions will be confirmed within the limit of work, in adjacent areas, and along access and haul roads. Particular attention will be given to the Old Ranch Country Club, which is adjacent to the project site. In addition, the Butier Team will compare the Contractor's preconstruction site surveys to the site surveys performed under this scope of work and will note any discrepancies and resolve issues. The PM will describe in memorandum, submitted prior to the beginning of any construction operation, pre-existing 3. Weekly Progress Meetings The PM will schedule and conduct construction progress meetings with the City, Contractor, Designer, pemitting agencies, and any regulatory/governing body and provide meeting agendas. Topics discussed at the meetings will include the project schedule; near- term activities; clarifications and problems which need resolution; status of change orders, submittals, and RFIs; safety issues; and other key topics. The PM will identify action items and assign responsibility for the action and date action is to be completed; prepare minutes of the meetings and include identified action items; review the meeting minutes with the Contractor and obtain the Contractor's concurrence with the content; and distribute the minutes to the attendees within five calendar days of the meeting. The Butier team will attend other construction -related meetings as requested by the City. 4. Shop Drawing and Submittal Reviews a. Submittal Reviews The PM will review submittals received from the Contractor for conformance with requirements of the drawings and specifications; check each submittal against the Contractor's schedule for potential impacts; coordinate required reviews of submittals with the Designer and the City; and distribute submittals to appropriate reviewers with dated transmittal letters. BUTLER Page 16 4. UNDERSTANDING/APPROACH �arrsr,ucqu» llnnagc, s, Cons ulrny En yirr: �-r : • b. Submittal Log and Status Submittal tracking will be introduced into the document control system and status of submittals will be known at all times. The PM with coordinate this system with the Contractor per contract document requirements. The shop drawings submittal and review will be logged for date of submittal, review response, and status. The PM will prepare a list of shop drawings that will be required of the Contractor, and in conjunction with the Contractor attempt to review the submittals consistent with the critical path requirements for approval, fabrication, and procurement. Weekly exception reports identifying critical shop drawings either not submitted in a timely fashion or not obtaining acceptance or approval will be identified and problem submittals discussed for necessary action to accelerate approval process for non -conforming submittals. Upon review, the Contractor will be advised of reasons for rejection of any shop drawings or submittals that may require re -submittal. Multiple submittals and re -submittals that induce project delays will not be considered an excusable delay for the Contractor under the terms of the contract. S. Plan & Specification Interpretation & Control a. Request for Information (RFI) The PM will coordinate the RFI log and will document the submittal and disposition of all the Contractor's Requests for Information. All RFIs will be in writing. All responses will be monitored with suspense action dates and follow- up procedures implemented to ensure timely action by all parties to project issues including input from City staff. The PM will review answers and prepare a formal response to the Contractor within 5 calendar days of receipt of response, or as needed to meet schedule requirements. The PM will ensure that changes are recorded in the specifications and plans. b. Requests for Changes in Design Should the Contractor deem the RFI response has created a change in scope and a change order is requested, the PM will City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System obtain written approval from the City and/or Designer prior to issuing a change order authorization. No change orders can be issued by the PM without prior approval. The PM will supply the City with written recommendations of the Request for Change, cost and schedule impact, and/or justification for denial or recommendation to execute a change. The final authority of any Request for Change rests with the City. C. Field Orders The PM will initiate and review field orders when a change in the work is needed to maintain the design intent; issue the field order to the Contractor and monitor the work for compliance; track the issued field orders in a log; record the changes in the record specifications and plans; and, if required, follow-up with a change order within 14 calendar days of mutual agreement with the Contractor on pricing and conditions. d. Substitution Requests The PM will coordinate the evaluation of "or -equal" or product substitution requests with the Designer, the City, vendors, manufacturers, and others. Prepare evaluation and recommendation for "or -equal" or product substitution request. e. Record Drawings and Specifications The PM will continually update the plans and specifications as the work progresses; incorporate modifications and changes from all sources, such as submittals, RFIs, VE, field orders, extra work, and contract change orders; and compare the record drawings and specifications with the Contractor's record drawings and specifications monthly. 6. Construction Management Administration & Staffing a. Management The PM will oversee, perform, and coordinate construction management services as required by the progress of the work; prepare reports, letters, and memoranda; conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the Contractor; coordinate sub -consultants, testing, and specialty services; review daily THE GOAL: STREAMLINE COMMUNICATION � A GENERAL CONSTRUCTION OWNER & CONSTRUCTION 1 GENERAL CONTRACTOR MANAGER ENGINEER MANAGER CONTRACTOR Submits for Logs/Tracks (Procore) Reviews and Provides Processes Responses to Distributes to Review/Approval Provides Comments & Responses/Approval General Contractor Subcontractors to RUw+nfncntlaUan, Prepare Work BUTLER Page 17 4. UNDERSTANDING/APPROACH inspection notes and identify and resolve nonconforming items; notify the City of significant problems and discrepancies requiring corrective actions; interpret drawings, specifications, and reference standards; review and analyze the Contractor's monthly construction schedule for accuracy of work completed, reasonableness of forecast completion, and compliance with contract duration; resolve constructability problems; coordinate connections and operations; prepare contract change orders; review and notify the Contractor of test results; investigate claims; perform inspections; review the Contractor's project record drawings periodically; review Contractor's progress payments and verify measured quantities; prepare project punch list; and all other duties related to construction management as requested by the City. b. Resolution of Day -To -Day Issues The PM will oversee resolution of day-to-day construction issues raised by the Contractor; coordinate with the City, Designer, and Contractor on technical issues and concerns, as well as interpretation of the design documents; and interface with the Designer for resolution of technical issues, processing of change order requests or design changes to reflect actual conditions encountered in the field. 7. Construction Inspection Services The Lead Inspector will review and familiarize himself with the contract documents, plans, specifications, scope of work, project site, etc. He will attend all meetings as required, including final design meetings, project kick-off meeting, preconstruction meeting, and progress meetings. He will verify BMPs and ensure construction and materials comply with contract standards and specifications, state laws, local ordinances, and NPDES requirements and proper construction practices; require, monitor and document compliance with all contract specifications, including compliance with OSHA and all applicable permitting requirements; be present on a daily basis at the construction site while construction activity is in progress. In the event of an illness or vacation, Joseph Hawes, CCM, CWI, NACE will be Butier's Alternate Inspector to perform the work. The Lead Inspector will schedule required materials testing, sampling and provide assistance and direction as needed to technicians performing materials testing, He will verify work is performed in a safe manner by the Contractor and subcontractors and report any concerns or instances of non- compliance immediately to the City or issue stop notice for work if the situation is critical. He will record amounts of materials that are received or used during construction; measure the work completed in-place and verify quantities with the Contractor prior to submission of a payment application; and ensure proper documentation of any change order and/or daily extra reports. The Lead Inspector will prepare daily inspection reports City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System that include at a minimum: the type of personnel on site (subcontractor, contractor, etc.); name, number and classification of employees for each firm; time periods for various activities; the type of work being performed; SWPPP / BMP compliance; equipment on hand; weather; provide weekly status reports on issues/risks factors, schedule slippages, cost overruns as it relates to construction projects; develop punch list for the City of items that require corrective action; address and resolve complaints as they arise. Report all unresolved issues and potential claims to the PM and City's Project Manager in writing on a daily basis; and coordinate activities and schedules with other entities involved in the construction project. 8. Progress Payments a. Monthly Review The PM will review project -related invoices and progress payments on a monthly basis and submit to the City with recommendation stating the proper amount for payment in accordance with the schedule listed within the contract documents. The PM will use the Schedule of Values and actual quantities as a basis to prepare payment requests. The pay request format will be established by the project team to expedite checking, processing, and subsequent updating of project budgets and cost projections and forwarded to the City for approval and payment to the Contractor. b. Monthly Construction Progress Reports The PM will prepare a monthly report for the City regarding project status, highlighting significant milestones and issues, including cost status, lessons learned, and project progress for compilation into a program level report. The report will include reconciliation of contract time, work progress, and labor usage. It will also provide current issues and colored still photographs of significant project features. 9. Contract Change Order Management a. Identify and Track Changes The PM will identify and track potential changes to the work and will utilize Procore to prepare, log, and monitor Contractor or City -initiated changes for added costs or credits. b. Requests for Cost Proposals When necessary, the PM will issue Requests for Proposals describing the proposed change or addition to the scope of work in detail. The PM will prepare an independent cost estimate for review by City staff prior to any negotiations with the Contractor or issuing a Change Order. C. Justification of Extra Work or Change The City or the Contractor may initiate a change, or request for changes or modifications may arise due to differing site conditions. The PM will track, document, and negotiate all BUTIER Page 18 4. UNDERSTANDING/APPROACH changes for added costs or credits with the Contractor and evaluate all schedule impacts of changes in addition to advising the City of equitable cost and time adjustments for proposed or authorized changes including credits, if any, that are due. At the City's direction, the PM will prepare and issue to the Contractor appropriate change order documents. The PM will provide to the Designer copies of all approved changed orders. Prepare Contract Change Orders The PM will prepare draft formal Change Orders and forward them to the City for formal authorization. The PM will work with the Contractor to establish labor, equipment rates, and applicable mark-ups that will be used in future negotiation of change orders. 10. Claims Management a. Identity and Track Claims The PM will minimize the potential impact of claims through prompt and equitable resolution with minimal n A disruption to the on-going V A construction effort. The primary means of claims IMS management is the prompt processing of change orders. Change orders must be fairly reviewed against the contract docwnents for validity. When deemed valid, reasonable and equitable adjustments in time and money are to be provided. If the City and the Contractor disagree over the contractual merit of a change order, a claim may arise. If this occurs, the PM will coordinate claims with the City's Project Manager, Risk Manager, and City Attorney's Office. N %V City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System the claim would be denied and the dispute acknowledged. The PM and Claims Reviewer will assist and support the City in resolving claims and disputes, including written responses to the Contractor and private parties, giving depositions, assisting with dispute resolution, arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. d. Private Party Claims The PM will investigate claims for damages for private parties and respond in writing two calendar days of receipt of the claim. The PM will coordinate the written response with the City's Project Manager and Risk Manager. 11. Quality Assurance a. Inspection of the Work Butier provides comprehensive field inspection services by qualified inspectors as necessary to ensure that materials and workmanship comply FOCUS �� with the contract documents; coordinate delivery, inspect for defects or missing parts. and a i oaN CE oversee recording the receipt and storage of equipment; and Inspect construction activities, which are identified in the contract documents to be Performed at night, weekends, and/or holidays. 0 u r proactive approach to CM is the best defense to minimize the risk for change orders and claims. This starts with pre -construction: risk analysis and continues through project closeout. our controls systems are structured to provide the owner with a comprehensive claims defense position. Documentation Is fundamental to extinguishing spurious claims. b. Resolution Alternative After receipt of a written claim, the PM will prepare a written acknowledgment of receipt of the claim. This correspondence clarifies the status of the request for all parties to minimize misunderstandings about the issues at depth. To supplement the technical and contractual evaluation of the claim, the PM will work closely with the City's staff to assess the risk of exposure and to determine an appropriate response to the claim. C. Negotiate and Resolve Claims The evaluation results and recommendations will be forwarded to the City's Project Manager. The recommendation may suggest a negotiated settlement (in which case a settlement strategy would need to be established) or may confirm the original results of the change order evaluation, in which case The required inspection disciplines provide daily and weekly inspection reports of material installations and deficiencies noted by qualified inspection personnel with follow-up procedures recommended for ensuring that corrections are made for non- conforming work necessary to comply with contract document requirements. The reports are linked to both still and video graphic logs to highlight critical construction activity. In addition, the Inspectors are responsible for the following: • Participating in weekly construction meetings. • Reviewing the Contractor's two week "look ahead" schedules and coordinating inspection staffing needs with the PM. • Reviewing the Contractor's payment requests with the PM for accuracy. • Reviewing the Contractor's record drawings prior to monthly progress payment. Preparing written response giving general indication of missing items to be completed by the Contractor. • Discussing responses to RFIs with the PM as required and coordinate the replies to the Contractor. BUTLER Page 19 4. UNDERSTANDING/APPROACH • Assisting the PM in the review of the submittals. • Providing documentation of construction activities, duration of activities, manpower and equipment. b. Materials and Compaction Butier has selected Ninyo & Moore to provide observation and testing services during site grading, utility trench backfill, subgrade preparation, and aggregate base placement and concrete and grout sampling and testing. Their services will include field density testing, laboratory analysis, and verification of compliance with project plans, specifications, and applicable codes. Ninyo & Moore's scope of services will include the following: • Attendance at pre -construction meetings and coordination meetings, as requested. Project coordination, management, and technical support including scheduling of field and laboratory work and review of available background information. FIELD QA/QC City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System tests. • Preparation of daily field reports and test result summaries to document observations, testing, and compliance with project requirements. • Preparation of a final summary report for proper documentation and project close-out. c. Start-up & Commissioning & Training Butier has selected ONSITE Technical Services to perform start-up & commissioning and operator training services as outlined in the RFP. ON-SITE routinely provides technical support including start-up support and engineering submittal review to resolve difficult fabrication and construction related issues. Their team of engineers and specialists assist in the resolution of start-up of mechanical equipment and field trouble IS VITAL TO shooting. ENSURING COMPLIANCE The intent of field inspection is to follow established QA/Q.0 guidelines to minimize rework, enforce requirements, and safeguard the best interests of the City. This all leads to Field Technician services minimizing delays and added expenses. Our presence will for observation and help minimize daily inspection and observation costs. testing during subgrade preparation, utility trench backfill, and aggregate base placement. Field density tests will be performed to evaluate the Contractor's compaction efforts. ■ Field Technician services for sampling and testing during concrete placement, including field tests for slump, temperature, air content (if applicable), and casting of concrete cylinders. • Pick-up and transport of concrete cylinders and other material samples for testing in their laboratory. • Laboratory testing services including proctor density testing, gradation analysis, sand equivalent, and concrete, masonry unit, mortar and grout compressive strength The Contractor is responsible for providing a detailed start- up plan that needs to be fully vetted by the PM and the City. The plan should include testing plans and procedures and how the tests will be documented. Start-up meetings need to take place well in advance to ensure the Contractor's start-up team and the CM (including the City) are working together and all concerns are addressed. Additional items include the following: • Purchase specified equipment conforming to contract documents. • The selected equipment needs to be fully tested during the factory acceptance tests. • Flow model tests need to be completed during the design phase prior to the start of construction. • The equipment needs to be properly installed at the site with the support of the engineers, manufacturer's reps and the contractor's commissioning team. BLIT1ER Page 20 4. UNDERSTANDING/APPROACH Con sLucf7on �Nonayers, C.""Mmy En yin eery • The equipment needs to be "dry functional tested "to the maximum extent possible, this includes the instrumentation, PLC controls, VFDs, and motors. ■ All parties need to be fully satisfied that the station is ready to be put in service prior to opening the valves. Public Relations/Community Outreach The CM Team will assist the City in support of any specific activities identified in the City's community outreach program where information needs to be provided to residents, businesses, and others impacted by the project. Activities include coordinating construction notifications; construction alerts to the City and project management staff; and resolution of construction -related concerns from affected businesses, residents, and/or the general public. Butler's project leadership team has successfully managed comprehensive community outreach efforts from the entitlement phase through post -construction across projects located in Orange, Los Angeles, San Diego, San Bernardino, and Riverside counties. Their responsibilities have included coordinating with community leaders, organizing neighborhood meetings to gather and relay public concerns to project owners for potential implementation, and developing and distributing public notices. Additionally, the team has regularly presented to public boards and community associations to address and mitigate the impacts of construction activities on local communities. 12. Closeout and Acceptance a. Operating Test Plan The Butier Team will develop an operation testing plan in consultation with the City, Designer, Contractor, and all appropriate vendors and will coordinate the testing of the equipment and facilities with the City and assist the Contractor's personnel as required during the startup phase b. Punch List The PM will determine when the Project and the Contractor's work is substantially completed, as defined in the City's contract documents and construction procedures. In consultation with the City, the Butier Team will prepare a detailed project punch list that includes a list of incomplete work or work that does not conform to the requirements of the contract documents. The punch list will be attached to the Certificate of Substantial Completion. c. Final Walk -Through Upon correction of deficiencies by the Contractor, the PM will schedule, coordinate, and conduct a final walk-through and City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System PUBLIC OUTREACH BUILDING COMMUNITY AWARENESS & ENGAGEMENT Butier supported Santa Margarita Water District's public outreach efforts for the Trampas Canyon Dam and Reservoir project. Our Construction Management team led informative public tours during the Water Awareness Festival, highlighting the importance of Orange County's largest recycled water reservoir. They also coordinated media tours with The Orange County Register and CalContractor Magazine, helping to amplify public awareness of the project's benefits. In addition, the team facilitated site visits for regional agencies, including the Irvine Ranch Water District. project review prior to the acceptance of work with the City. d. Recommended Acceptance The PM will determine when the project and the Contractor's work is finally completed as defined in the City's contract documents and construction procedures. The PM will issue a Notice of Completion and will provide to the City a written recommendation regarding payment. e. Contract Close Out The PM will take the lead in negotiating and closing out the construction contract. The PM will prepare a memorandum to the City recommending acceptance of the project and filing of the Notice of Completion. Final Project Records & Documents The PM will turn over all final project records and documents to the City upon completion of the project. BUTTER Page 21 4. UNDERSTANDING/APPROACH f' SEA "yy ak / ''.C„iiIFORK�•�` 13. Post Construction a. Operation & Maintenance Manuals The Butier Team will deliver the 0&M Manuals and any spare parts and equipment upon acceptance of the project by the City. The 0&M Manuals shall include, but not be limited to, all piping and electrical conduit runs, including wiring diagrams sufficient for facilitating the troubleshooting process; technical data concerning mechanical, electrical, and control equipment installed by the Contractor; manufacturer's recommendations concerning equipment maintenance protocols; and data and maintenance instructions regarding special engineering, or other unique features provided or used in the project construction. The manuals will be submitted to the City for review and approval prior to operating any new equipment and accepting the construction contract work. b. Record Drawings Certification The PM will review and certify that the Contractor's project record drawings are complete and accurate and will provide the drawings to the Designer. City of Seal Beach Construction Management & Inspection Services for Lampson Well Treatment System C. Final Payment The PM will recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements; verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released; and obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment. FINAL STEPS: A CLEAR PATH TO PROJECT CLOSE-OUT )ts I I PUNCH LISRECORD FINAL WADRAWINGS L -Prepare Detailed Pun -Review Final Red -Lines 1 Develop Operating TIncorporate into AutoCAD Conduct Final Walkt�` -Prepare Record Drawings FINAL " PAYMENT -Resolve Bid Items, CO Work, and Punch List Items Prior to Final , Payment to Contractors " r % -I CLOSE-OUT REPORT 'epReport, including Key Issues, Lareessons-Learned, CO & Schedule Summaries, and/ As -Built Schedule fJ I PROJECT FILES -Furnish Project Documents and Final Reports to City's PM Provide Electronic PDF and \\ Present File Structure / BUTIER Page 22 4. UNDERSTANDING/APPROACH Cui>.Il a fiUri i?lilr,.gv1J', co11"WrIl"I Eiiyrr -11 Section 5. Appendix - Resumes ft I -- Lj h -W a CL x 7.� r�• w. 1 S r~�..._ ft I -- Lj h -W a CL x BUTIER i'unaur:[einn.atnri.�dnr�.: � lriny r��yw.ers EDUCATION Master of Dispute Resolution, University of Southern California, Gould School of Law, 2025 MBA, Finance, University of California, Irvine, Graduate School of Management, 1998 Graduate Studies, Civil Engineering, California State University at Long Beach B.A., Economics, University of Southern California, 1987 B.A., Social Sciences, University of Southern California, 1987 LICENSES / CERTIFICATIONS General Engineering Contractor, State of California, Class A 716863 Registered Construction Inspector, ACIA: Division I Engineering 5572 HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Mark M. Butler, Jr. Project Director/Alternate Project Manager Professional Summary Mr. Butier serves as President and CFO of Butier Engineering. He is the second -generation executive of the company, succeeding his father, who founded the firm in 1976. His primary duties include serving as the primary point of contact between Butier and its clients, managing contracts, overseeing sub -consultant contracts, maintaining Butier's project information system, developingthe firm's field procedural manuals, and managing staff resources. Mark works closely with the field construction management staff to ensure all contract scope requirements are being fully implemented. He also serves as the firm's liaison between the field construction management staff and the client, as well as the project's public outreach effort, when necessary. He has been responsible for generating, distributing, and presenting to numerous public boards and community associations dealing with the impact of construction activity on the local community. Project Experience Project Director, Groundwater Replenishment System Final Expansion and Plant 2 Conveyance Facilities Project; Fountain Valley, CA; Orange County Water District (Completion: 2023; Program Cost: $284M)—The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Project Director, City of Tustin PFAS Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)— The project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Project Director, 1,2,3-Trichloropropane Removal GAC Treatment Plant, City of Chino Hills; Chino Hills, CA (Completion: 2025; Value: $15.5M)—Butier is providing professional construction management support and special inspection services for the 1,2,3 -TCP Removal GAC Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes the following: construction of a centralized granulated activated carbon (GAC) treatment plant, installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Project Director, Chino I Desalter VOC Treatment Facilities; Ontario, CA; (Completion: 2023; Value: $12M)—Butier provided construction management and inspection services. The project supports the County of San Bernardino's effort to mitigate groundwater contamination consisting of VOCs from the Chino Airport Plume. The County's project involves the construction of 10 new groundwater extraction wells and on-site and/or off-site treatment and two new treatment facilities at the Chino I Desalter to remove VOCs from seven CDA wells and the new County wells, respectively. The two systems will have a combined capacity of 3,550 gpm. New treatment at the Chino I Desalter includes construction of two new GAC Systems; cartridge and bag filtration systems; sulfuric acid storage and feed systems; BUTIER Mark M. Butler, Jr. Project Director/Alternate Project Manager piping systems and tie-ins; demolition of various structures and site improvements; storage building; electrical and instrumentation and controls; off-site pipeline to convey raw water from the County's wells for treatment at the Chino I Desalter; and system performance testing and startup activities. Project Director, Mid -Basin Injection Wells and Pipeline: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.5M)—The Mid -Basin Injection project consisted of the construction of the following: four groundwater injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Project Manager, Orange County Groundwater Storage Program; Orange County, CA; Orange County Water District ($9.6M)—Butier provided construction management and inspection services for eight (8) municipal water production wells located throughout the Orange County Groundwater Basin in the cities of Anaheim, Buena Park, Garden Grove, Santa Ana, Cypress, Westminster, and Placentia. The scope of work included the following: installation of a deep well turbine pump and motors, electrical and instrumentation work, disinfection facilities, discharge piping and valving, and off-site piping and valving; construction of concrete block buildings and site work; and startup, testing, and training. Stephen coordinated closely with seven water agency municipalities and their associated City Building and Public Works Departments. Project Director, Sativa Well No. 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2024; Value: $3.4M)—Butier is providing construction management and inspection services for the installation and construction of a wellhead treatment facility. The purpose of the project is the removal of manganese pumped from water from the existing Sativa Well No. S. The scope of work includes, but is not limited to, the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Project Director, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment District (Value: $200M)—Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Project Director, Orange County Burris Basin Pump Station Project—Phases 1 & 2; Anaheim, CA; Orange County Water District (Value: $24M)—Butier provided constructability review (Phase 1) and construction management services (Phase 11) for the project. Phase I involved constructing a 45 -foot -tall earthen cofferdam by relocating 130,000 cubic yards of soil to surround the pump station site, allowing OCWD to continue capturing 400 acre-feet of stormwater daily from the Santa Ana River to recharge the Orange County groundwater aquifer. Phase II involved constructing a 10,000 -square - foot stormwater pump station with four vertical turbine pumps in a circular wet well, complete with new mechanical, HVAC, electrical, instrumentation, and control systems, as well as an intake pipe connecting the pumps to the river intake. HLJTIER LW1%lokwww ow n,i * C4+H rohmo flr�j,'pnY% EDUCATION M.S., Civil Engineering California State University Long Beach, 2011 B.S., Civil Engineering, California State University at Long Beach, 1997 B.A., Physics, University of California, Berkeley, 1986 LICENSE/CERTIFICATION Registered Professional Engineer (Civil), State of California No. 61828, Earned: 3/15/2001 Expires: 06/30/2027 Building General Contractor, Murray White Construction, No. 610678 (1991-2001) HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Stephen White, P.E. Project Manager Professional Summary Stephen White has 28 years of experience in the construction industry, with a strong focus on water and wastewater treatment facilities (R0, MF, and UV), groundwater replenishment systems, wells, reservoirs, and desalination plants. For the past 26 years, he has been an integral part of Butier, specializing in water treatment projects. Stephen excels in project management, constructability reviews, value engineering, and contract administration. As a member of design review committees, he provides detailed constructability assessments that reduce risk, improve efficiency, and identify cost-saving design enhancements. His approach includes thorough evaluations of existing and proposed facilities, along with collaborative discussions with the Owner and design team to propose value-added modifications that positively impact project cost and schedule. As a Project Manager, Stephen is responsible for the following: managing the construction field office and supervising all CM personnel; leading all aspects of contract administration; conducting preconstruction and weekly construction meetings; responding to contractor correspondence, RFls, and submittals; reviewing CPM schedules and shop drawings; preparing and reviewing cost estimates and negotiating change orders and claims; recommending monthly progress payments; preparing progress reports and maintaining a daily project diary; reviewing and approving materials, equipment, and testing procedures; coordinating with operations personnel, PM staff, and stakeholders; and project startup, acceptance, and close-out. Project Experience Resident Engineer, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District ($284M)—Butier provided comprehensive construction management services for the final expansion of the Groundwater Replenishment System (GWRS), the world's largest advanced water purification system of its kind. Butier's scope included pre-bid constructability and cost/schedule reviews, project management, resident engineering, QA/QC field inspection, field engineering, and document control. The GWRSFE project increased treatment capacity from 100 to 130 million gallons per day (MGD), delivering an additional 30 MGD of advanced purified water to the Orange County groundwater basin. This critical infrastructure project expanded the existing MF, R0, and UV treatment processes. Major components included the installation of new pumps, chemical storage tanks, chemical dosing systems, blowers, decarbonators, and electrical systems. The project also involved significant conveyance infrastructure improvements at OC San's Plant No. 2. Work included the construction of a new pump station building, two large prestressed concrete storage tanks, associated piping and valves, weir boxes, and sluice gates. Additionally, an existing pipeline between Plant No. 2 and Plant No. 1 was rehabilitated to convey secondary effluent to the GWRS facility. Project Manager, Orange County Groundwater Storage Program; Orange County, CA; Orange County Water District ($9.6M)—Butier provided construction management and inspection services for eight (8) municipal water production wells located throughout the Orange County Groundwater Basin in the cities of Anaheim, Buena Park, Garden Grove, Santa Ana, Cypress, Westminster, and Placentia. The scope of work included the following: installation of deep well turbine pump and motors, electrical and instrumentation work, disinfection facilities, discharge piping and valving, and off-site piping and valving; construction of concrete block buildings and sitework; and startup, testing, and training. Stephen coordinated closely with seven water agency municipalities and their associated City Building and Public Works Departments. BUTT ER Col+auur Ilu+. N.u�.yt.+.. CwlA,drrgy �,rpm.na Stephen White, P.E. Project Manager Resident Engineer, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2025; Construction Value: $4.2M)—Butier provided construction management and inspection services for the installation and construction of a wellhead treatment facility. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Field Inspector, Construction of New Groundwater Pumping Facilities for Water Wells 3A and 5; Huntington Beach, CA; City of Huntington Beach ($5M)—Butier provided construction management and field inspection services for the construction of two groundwater pumping facilities, including structural buildings, piping/mechanical, and electrical improvements. The project included the demolition and reconstruction of Water Well 5 and new groundwater pumping facilities for Water Wells 5 and 3A. Responsibilities included oversight of daily construction activities, document controls and tracking, site inspection, interfacing with the client, attending project meetings, tracking submittals, correspondence, RFIs, and change orders, and preparing pay requests. Resident Engineer, Orange County Burris Basin Pump Station Project—Phases 1 & 2; Anaheim, CA; Orange County Water District ($24M)—Butier provided constructability review (Phase 1) and construction management services (Phase 11). Phase I involved building a 45 -foot -tall earthen cofferdam to encircle the new pump station site by moving 130,000 cubic yards of dirt over 3 months. This cofferdam enabled the construction of the pump station with minimal disruption to the aquatic habitat, allowed nesting birds to use the bird island, and enabled OCWD to continue to capture and pump 400 acre-feet of stormwater flows daily from the Santa Ana River to recharge Orange County's groundwater aquifer. Phase II involved building a 10,000 SF stormwater pump station featuring four vertical turbine pumps in a circular wet well. It includes new mechanical, HVAC, electrical, instrumentation, and control systems, along with an intake pipe on the slope of the embankment, connecting the new pumps to the intake invert. Resident Engineer, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment District ($200M) —Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Resident Engineer, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District ($22 million)—Stephen provided supplemental resident engineering services for the expansion project, which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. Resident Engineer, 8 MG Peck Reservoir, Pump Station, and Pipeline Replacement Project; Manhattan Beach, CA; City of Manhattan Beach ($33 million)—Butier provided construction management, inspection, public relations, environmental impact monitoring, and soils/materials testing services. The scope of work included construction of the following: 8 MG partially -buried cast -in-place concrete reservoir; operations building and water quality laboratory; pump station and electrical control building; water treatment facilities, including two (2) horizontal filtration tanks, a protected chlorine and ammonia chemical storage building, and a glass -fused bolted steel vertical backwash tank; ancillary facilities; and replacement of raw water transmission pipeline. BUTTER wrnUruvaw •VWa{l . Guftirl&ira E�rq.nr••,. CERTIFICATIONS American Welding Society Certified Welding Inspector (CWI), No. 12040221 Exp. 4/1/2027 American Concrete Institute Field Testing Technician Grade 1, No. 1033277 Exp. 03/2029 International Code Council Certification No. 5234382, Exp. 1/5/28 ■ Master of Special Inspection ■ Structural Welding ■ Structural Steel and Bolting ■ Reinforced Concrete • Structural Masonry ■ Pre -stressed Concrete ■ Spray Applied Fire Proofing ■ CA Commercial Building Inspector • CA Commercial Electrical Inspector ■ CA Commercial Mechanical Inspector ■ CA Commercial Plumbing Inspector HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Robert Burford Lead Field Inspector Professional Summary Mr. Burford has over 38 years of experience managing the scheduling and daily field operations for various public infrastructure projects, including water treatment, storage, and conveyance facilities. He has performed inspections of varying degrees for fuel systems, mechanical, electrical, plumbing, post -tension, reinforced concrete, structural steel bolting and welding, structural masonry, and soils and engineered fill operations. Robert has been a Senior Inspector since 2007. His knowledge of building code interpretation and enforcement facilitates the execution of inspection duties typically assigned, including utility and agency coordination, preparation of daily reports, overseeing specialty subcontractors, reviewing and responding to Requests for Information (RFIs) and field memo responses, interpreting drawings, and general correspondence with design engineers. Project Experience Lead Inspector, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District ($22M)— Butier provided construction management services for the expansion, which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. This system increases water supply capacity and improves system operability and reliability at the five -acre plant. Additional scope of work included; tie-in to the existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 60OkW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon dioxide storage and dosing system that feeds into the existing Biofor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start-up activities. Lead Field Inspector, Second Lower Feeder PCCP Rehabilitation Reach 3B, Palo Verdes, CA; Metropolitan Water District ($68.8M�—Butier provided construction management and inspection services for the rehabilitation of approximately 19,000 linear feet of PCCP, including excavating access portals and removing portions of existing PCCP and installing steel liner pipe. The project also included expanding and welding the steel liner pipe, grouting the annular space, cement mortar lining, modifying pipeline appurtenant structures, rehabilitating three existing isolation valve structures, rehabilitating two service connections, installing and removing Palos Verdes Reservoir temporary bypass lines, disinfecting pipeline, controlling traffic, abating hazardous materials, and other appurtenant work as needed. Lead Field Inspector, Second Lower Feeder PCCP Rehabilitation Reach 3A, Rolling Hills, CA; Metropolitan Water District ($11M)—Mr. Burford performed as Butier's Lead Inspector for the rehabilitation of approximately 6,500 linear feet of PCCP, including excavating access portals and removing existing PCCP for pipeline access and transporting and installing steel liner pipe. The project also included installing bulkhead and gooseneck piping, disinfecting the pipeline, restoring the site, controlling traffic, abating hazardous materials, and other appurtenant work. Lead Inspector, Carlsbad Desalination Plant, Standalone Intake Modifications; Carlsbad, CA; Poseidon Resources ($182M)—Butier provided construction management and inspection services for the final phase of intake -discharge modifications for the Claude "Bud" Lewis Carlsbad Desalination Plant. The scope of work for this final phase of the project included; a new dual -flow screen system and ancillary systems supported on a new concrete access bridge including piles, pile bents, and access ramps; dual -flow spray wash system which includes pumps, piping, and nozzles; screen debris removal/management system; floating debris boom system; large organism exclusion system; and new electrical building to house motor controls. BUTTER EDUCATION A.S., Construction Management, Fullerton College, 2020 LICENSES/ CERTIFICATIONS Construction Management Association of America Certified Construction Manager (CCM), No. 25038, Exp. 12/03/27 American Welding Society Certified Welding Inspector (CWI), No. 14081051, Exp. 08/2026 American Concrete Institute Field Testing Technician Grade 1, Exp. 08/4/2028 Post Tension Institute, Field Technician Grade 1 International Code Council — Member ID 5223769 (Expires 06/18/2027) • Reinforced Concrete Special Inspector #49 • Prestressed Concrete Special Inspector #92 • Structural Masonry Special Inspector #84 • Soils Special Inspector #EC • Spray Applied Fireproofing Special Inspector #86 • Structural Steel and Bolting Special Inspector #S1 • Structural Welding Special Inspector #S2 • Master of Special Inspection #MI NACE International Institute — No. 661532 • NACE CP Level 1 Cathodic Protection Tester, 62100 Exp. 09/30/27 • NACE Coating Inspector, 55399 Levels 1 and 2, Exp. 04/30/27 NICET Construction Materials Testing — No. 134578 (Expire 07/2027) • Concrete -Level II • Asphalt -Level III • Soils -Level III FACE Company F -Meter certification for flatness and levelness testing in accordance with ASTM E1155-98 Joseph Hawes, CCM, CW1, NAGE Alternate Inspector Professional Summary As a Senior Quality Control Inspector and Field Construction Manager, Mr. Hawes has managed the scheduling and daily field operations for various public works, residential, and commercial projects, including pipelines, water treatment facilities, and airports. He has performed varying degrees of inspections for fuel systems, electrical, plumbing, post - tension, reinforced concrete, welding, structural masonry, soils/engineered fill operations, mechanical, industrial coatings, and cathodic protection systems. In addition, Mr. Hawes has over 25 years of experience performing soils and materials inspection. He is versed in numerous soils, asphalt, concrete and coatings testing procedures in accordance with AASHTO, ACI, ASTM, ICC, IBC, CBC, UBC, NACE, and SSPC standards. He has performed laboratory testing of test specimens and maintained laboratory storage facilities. Mr. Hawes has also developed and implemented internal ICC training programs and is a certified trainer for CMAA. Project Experience Field Inspector, Groundwater Replenishment System Final Expansion Project; Fountain Valley, CA; Orange County Water District (Completion: 2023; Program Value: $284M }- The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Field Inspector, Well 32 Rehabilitation Improvements; Santa Ana, CA; City of Santa Ana, Public Works Agency (Completion: 6/2025; Construction Cost: $13M) -The major well rehabilitation project will include the following: construction of a new above ground well building, new well equipment, and improvements to the basketball/tennis courts at Morrison Park; new chemical building to house the sodium hypochlorite generation equipment and a new restroom facility at John Garthe Reservoir; and 3,700 LF of 12 -inch well discharge piping (with parallel fiber optic facilities) to take the well water from the Park to the Reservoir to be blended with low nitrate groundwater. Field Inspector, Mesa Water District Wells No. 12 and 14, South Croddy Way and West Chandler Avenue; Santa Ana, CA; (Completion: 2024; Value: $18.5M)—Butier provided constructability review, project coordination, resident engineering and construction inspection services for the drilling and construction of two 3000 to 4000 GMP municipal water supply wells that will produce groundwater from selected water - bearing zones using the reverse -circulation rotary drilling technique. Both wells were constructed in compliance with local codes and regulations and in accordance with the California Water Code, and American Water Works Association (AWWA) Standard for Water Wells (AWWA A100-15). Field Construction Manager, Reservoir Management System Upgrades; Santa Margarita, California; Santa Margarita Water District (Completion: 2025; Value: $2.8M)—Butier is providing inspection and as -needed construction management services, including project documentation for the Reservoir Management System Upgrades at 20 reservoirs within the Santa Margarita Water District service area. The scope of work includes the installation of new mixer hatches, vent replacements and upgrades, tank access safety systems, and associated coating work. These upgrades will facilitate the use of mobile reservoir management systems. BUTT ER Joseph Hawes, CCM, CW1, NAGE Alternate Inspector Field Construction Manager, Las Flores Zone D Reclaimed Water Pump Station; Santa Margarita, California; Santa Margarita Water District (Completion: Late 2024; Value: $2.6M)—Butier provided inspection and as -needed construction management services, including project documentation for the Las Flores Zone D Reclaimed Water Pump Station project. The scope of this project included the repurposing of an existing out -of - service structure into a pump station to provide recycled water from the Zone D recycled water pipeline completed in early 2024. A new electrical building and penthouse were constructed above grade, and the pumps and steel CMCL piping were installed in the existing subterranean structure. Field Construction Manager, Las Flores Zone D Reclaimed Water Pipeline; Santa Margarita, California; Santa Margarita Water District (Completion: February 2024; Value: $4.4M)—Butier provided inspection and as -needed construction management services, including project documentation for the Las Flores Zone D Reclaimed Water Pipeline project. The scope of this project included the construction of sliplining a buried pipeline to provide recycled water from the Zone D recycled water system to various water irrigation customers along Morning Trail, Meandering Trail, and Oso Parkway within the Las Flores neighborhood. The construction of the recycled water pipeline will start at the Las Flores Recycled Water Pump Station (LFRWPS) and continue via slip lining of an existing 10 -in force main through Oso Parkway. The recycled water pipeline will continue along Morning Trail and Meandering Trail and feed 26 service laterals. Field Inspector, Regional Lift Station Enhancements Project; Laguna Niguel, CA; Moulton Niguel Water District (Completion: 10/2021; Value: $4M)—The Regional Lift Station is a key facility in the District's sewage transmission system and services most of their customers. The project includes the following: a continuous live bypass of the existing lift station to remove and replace major elements, including pumps, fittings, valves, and instrumentation; repairing and re -coating the concrete surface of the existing wet well; installation of a new overflow structure; removal and replacement of an existing canopy structure; installing a new bypass pump and appurtenant piping and structures; and new yard piping connecting to the new bypass pump to the new overflow structure. Field Inspector, Carlsbad 50 MGD Seawater Reverse Osmosis Desalination Plant ($537M) and Product Water Pipeline ($159M); Carlsbad, CA; Poseidon Water (Completion: 2017)—Mr. Hawes provided field inspection services forthe Carlsbad Seawater Desalination Plant and Pipeline Project. The scope also included the construction of a 2.5 MG product water storage tank, product pump station, and conveyance pipeline to deliverthe drinking waterto water utilities and municipalities in San Diego County. The 10 -mile, 54 -inch diameter pipeline was constructed under Interstate 5 Highway and a railroad using a jack and bore tunnel method. Mr. Hawes coordinated closely with the City of Carlsbad, SDCWA, SDG&E, Poseidon, and the Coastal Commission during the construction of the tunnel option across Macario Canyon. The pipeline alignment included over 6,000 feet of tunnels performed by four different tunneling subcontractors. One of the tunnels is over 1,700 linear feet, 30 feet below sea level, and required a vertical shaft over 80 feet in height. Lead inspector, Reservoir Management Systems Replacement Project; Laguna Niguel, Mission Viejo, and Aliso Viejo, CA; Moulton Niguel Water District (Completion: 2020; Value: $4.1M)—Butier provided construction management and inspection services for the Reservoir Management Systems (RMS) Replacement Program at the following RMS sites: Crown Valley Reservoir (4.3 MG); Highlands Reservoir (2.0 MG); Marguerite Reservoir (2.5 MG); Moulton Peak Reservoir (4.0 MG); and Pacific Park Reservoir (5.0 MG). BUT1ER EDUCATION B. S., Civil Engineering, California Polytechnic University, San Luis Obispo, 1982 LICENSES / CERTIFICATIONS Engineer -In -Training, California, #54215, 1982 AREAS OF EXPERTISE Construction Management Program Management Contract Bidding Value Engineering Environmental Compliance Water/Wastewater Design Team Builder Land Development Transportation Accounting Interface HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Joseph C. Blum Constructability Review Professional Summary Mr. Joseph Blum has over 40 years of experience managing and estimating the construction and reconstruction of heavy civil engineering projects. Projects include earth moving, mass grading (125 million yards of soil), wetlands, recharge basins, large and small diameter pipelines, reservoirs, concrete structures, city and county road construction, highways, bridges, paving, drainage, and wet and dry utilities. In addition, his construction experience includes flood control facility, blasting, and screening. Mr. Blum has comprehensive experience in all aspects of due diligence analysis, management of design engineering, project development, and execution. These aspects include planning, environmental permitting, engineering, acting as governmental liaison, transportation programs, street improvements, dry and wet utility planning and construction, sewer/water entitlements, CFD formation and execution, and bond exoneration. He is a proven team leader, team organizer, and team player. Responsibilities and capabilities range from overall field construction to day-to-day project management, estimating, constructability review, contract administration, business development, and operations. Relevant Experience Project Manager, City of Tustin PFAS Water Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)—The project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Project Manager, Kraemer/Miller Recharge Basins 48 -inch Pipeline Replacement and Secondary Fill Line; Orange County, CA (Orange County Water District)—Mr. Blum performed as the Project Manager for the construction of the Kraemer and Miller Recharge Basins. The Kraemer Basin consisted of the construction of 48 -inch CMC and epoxy lined steel pipe, removal and/or abandonment of portions of the existing 48 -inch RCP pipeline, concrete encasement, concrete slope anchors, flow meter, corrosion test stations, and electrical/instrumentation equipment. The Miller Basin consisted of the construction of 42 -inch CMC and epoxy lined steel pipe, concrete junction structure, concrete impact structure, concrete encasement, flow meter, corrosion test stations, removal and re -construction of a section of the existing Carbon Creek Channel, and electrical/instrumentation equipment. Project Manager; Fletcher Recharge Basin Project; Orange, CA; Orange County Water District (Completion: September 2016; Value: $5.6M)—The project consisted of regrading the basin and installing approximately 5,900 linear feet of new 12 -inch diameter pipeline. The basin bottom was excavated to expose permeable sand, then backfilled to the design grade with imported permeable sand to improve percolation. The PVC pipeline alignment started from south of the Riverview Basin, running north along the east side of the Santa Ana River Channel, turning east to Aquarius Place, north on Batavia Street, east on Fletcher Avenue, and ending at Fletcher Basin. The project also included 12 -inch diameter welded steel piping; concrete drain structures; a pump station; HUTIER Joseph C. Blum Constructability Review turnout and meter station; ornamental steel sliding gate and fencing; masonry walls; and access roads. Project Manager, Prado Wetlands Reconstruction Project; Corona, CA (Orange County Water District)—Mr. Blum performed as the Resident Engineer for the reconstruction of the Prado Wetlands, a natural water quality treatment system operated by the Orange County Water District which was damaged by flood flows from the Santa Ana River in the 2004-05 storm season. The portion of the Prado Wetlands included in the reconstruction contract included 400,000 CY of earthwork; a diversion structure and approximately 6,812 feet of diversion channel to supply water from the Santa Ana River; approximately 23 wetland cells; conveyance channels which transport water to and from wetland cells; and water control or conveyance structures to manage water elevations or convey water between cells. Also included were perimeter and internal levees and berms, berm roads, demolition and reconstruction of existing water control structures damaged during the flood, construction of new water control and conveyance structures, salvage and new construction of gabions, stockpiling of material for future construction of a diversion dam, reconstruction or installation of security gates, and other facilities or structures as specified or shown. The scope of work also included protection of partially constructed work from storms, floods, and other natural events, including winter storm flooding. The project also required sediment and erosion control measures in compliance with all local, state, and federal regulations, and compliance with all specified and otherwise applicable local, state, and federal regulations. Project Manager, Beneta Well No. 2 Phase II Equipping Project, City of Tustin, Tustin, CA (Completion: 3/2025; Construction Cost $3.15M)—Butier provided construction management and inspection services for the Beneta Well No. 2 Phase II Equipping project. The project involved equipping a newly constructed domestic water well. The scope of services includes demolition of existing site improvements, new 1500 gpm, 300 hp VFD operated well pump, 12 -inch discharge piping, and connections to the City's existing water distribution system, new 420 sf and 215 sf masonry buildings, bulk sodium hypochlorite storage, and disinfection systems, construction of a 90 If of 18 -inch rcp drain pipe and outlet structure to an existing drainage channel, new 600 amp electrical SCADA integration, 8 -foot high masonry perimeter walls with motorized gate, AC yard paving, curb, gutter, sidewalk and driveway replacement and landscaping and irrigation system improvements. Project Manager, 8 MG Peck Reservoir Replacement Project; Manhattan Beach, CA; City of Manhattan Beach (Completion: 09/2023; Value: $32.6M)—Butier provided construction management, inspection, public relations, environmental impact monitoring, and soils/materials testing services. The scope of work included construction of the following: 8 MG partially -buried cast -in-place concrete reservoir; operations building and water quality laboratory; pump station and electrical control building; water treatment facilities, including two (2) horizontal filtration tanks, a protected chlorine and ammonia chemical storage building, and a glass -fused bolted steel vertical back wash tank; ancillary facilities; and replacement of raw water transmission pipeline, construction of chemical dosing and containment piping, new sewer discharge pipeline connection, and new utility connections. BUTS ER v�,,..�,, ; , EDUCATION B.S., Construction Engineering, Arizona State University, 1977 Graduate Studies, Arizona State University HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Casey Harris Senior Scheduler Professional Summary Mr. Harris has 45 years of varied experience as a project manager, construction manager, resident engineer, and senior scheduler. As the on-site/owner representative for major municipal, public agency, and special district capital improvement projects, Mr. Harris has successfully managed the construction of multi -million -dollar water and wastewater treatment, pipeline, airport, solid waste landfill, and port facilities. Collectively, this project experience represents over $800 million in construction costs. Mr. Harris' expertise is in contract administration for design/build, design/bid/build, and construction management programs. He is an expert CPM scheduler, has established and implemented effective change order control systems, negotiated change orders with design/build contractors, performed routine shop drawing reviews, and resolved contractor claims. Mr. Harris' responsibilities for the projects listed below include, but are not limited to, the following: CPM scheduling; supervising and managing the construction project field office; supervising personnel, including assistant RE, field engineer, inspectors, estimators and schedulers, engineering technicians, and administrative assistants; full contract administration; leading preconstruction and weekly construction meetings; responding to contractor correspondence, requests for information (RFls), and submittals; shop drawing reviews; preparing and reviewing cost estimates; negotiating settlements for changes and claims; recommending extra work and claims settlements to Owners; negotiating and recommending monthly progress payments; preparing monthly progress reports; maintaining a daily diary of events; reviewing and approving materials, equipment, and testing procedures; coordinating with Owner operations personnel, PM staff, and stakeholders; and project start-up, acceptance, and close-out. Project Experience Project Manager/Senior Scheduler, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M)—Butier provided project management and inspection services. The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Senior Scheduler, 1,2,3 - Trichloropropane Removal Treatment Plant Project, City of Chino Hills, Chino Hills, CA (Completion: 4/2025, Construction Cost: $15.51Y!)—Butier is providing professional construction management support and special inspection services for the 1,2,3-Trichloropropane (1,2.3 -TCP) Removal Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes; construction of a centralized granulated activated carbon (GAC) treatment plant, installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Casey Harris Senior Scheduler Senior Scheduler, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.5M)—The Mid -Basin Injection project consisted of: the construction of four groundwater injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Butier coordinated closely with the City of Santa Ana, Santa Ana Unified School District, Heritage Museum, and state and federal agencies. Senior Scheduler, Torrance Groundwater Desalter Expansion, Torrance, CA; Water Replenishment District ($200M)—Butier is providing construction management and inspection services. The scope includes the following elements; up to 8 extraction wells, raw water and well blow off pipelines, Brewer Well Pipeline and Automatic Backwashing Strainer Improvements Project, treatment plant expansion at the Torrance Desalter, product water pipeline connection to the City of Torrance and California Water Services, and brine pipelines from the treatment plant to the LACSD A.K. Warren Water Resource Facility. Senior Scheduler, Carlsbad 50 MGD Seawater Reverse Osmosis Desalination Plant and 10 -Mile Conveyance Pipeline; Carlsbad, CA; Poseidon Water (Completion: 12/2015; Value: $697M)—Mr. Harris provided scheduling services for the new construction of a 50 MGD seawater reverse osmosis desalination plant at the Encina Power Station located in Carlsbad, CA. The scope also included the construction of a 2.5 million -gallon product water storage tank, a product pump station, and a conveyance pipeline to deliver the drinking water produced by the Project to water utilities and municipalities in San Diego County. The 10 -mile, 54 -inch diameter pipeline was constructed under Interstate 5 Highway and a railroad using a jack and bore tunnel method. The pipeline alignment includes over 6,000 feet of tunnels performed by four different tunneling subcontractors. One of the tunnels is over 1,700 linear feet, 30 feet below sea level, and required a vertical shaft over 80 feet in height. Senior Scheduler, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2025; Construction Value: $4.2M)—Butier provided construction management and inspection services for the installation and construction of a wellhead treatment facility. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Senior Scheduler, South Archibald Plume Cleanup Project - Well I-11 Booster Pump Station; Ontario, CA; Chino Basin Desalter Authority (Completion: 2024; Value: $1.34M)—Butier provided construction management and inspection services for the Well 1-11 Booster Pump Station construction project. The project included the construction of a new booster pump station and associated facilities at the existing Well 1-11 site. The pump station and pipeline connections/valving allow CDA the flexibility to pump groundwater from the well to the Chino II Desalter to remove volatile organic compounds from the groundwater, should elevated levels be detected. H. T1 ER EDUCATION B.S., Engineering Technology—Construction, California State Polytechnic University, Pomona, 2000 AREAS OF EXPERTISE Construction & Specialty Trade Estimating Cost Valuation / Value Engineering Cost Control Quality Control Document Control Systems Training & Implementation CPM Project Scheduling Construction Inspections Surveying Change Order Negotiation Cost Segregation Studies Project Organization Engineering Management Owner Presentations HOME OFFICE 17822 E. 171h Street Suite 404 Tustin, CA 92780 Bryan Wilson Document Control Specialist Professional Summary Mr. Wilson has more than 20 years of construction cost estimating, cost review, field engineering, inspection, and engineering management experience. Bryan has analyzed and reviewed cost estimates for hundreds of projects ranging from underground pipelines to high-rise office buildings. These projects involved the training and management of engineers and estimators to determine and track construction costs and activities. His detailed estimating experience covers all aspects of building and heavy/civil design and construction. He has conducted numerous physical inspections to verify the accuracy and scope of quantities and cost estimates. Bryan also has experience in project scheduling, negotiating construction change orders, and value engineering analyses. Bryan has also provided asset valuation and classification consulting services to real estate appraisers and construction companies. He has prepared construction cost estimate studies for federal tax depreciation classification and successfully defended these studies when audited by the Internal Revenue Service. In addition, Bryan has extensive knowledge of web -based document control systems. As a Document Control Specialist, Bryan has been responsible for the flow and storage of all project documentation between the owner, design engineer, contractor, construction manager, and other key stakeholders. He has provided the processes, procedures and training to effectively assist project teams with organizing and managing documentation (e.g., drawings, specifications, meeting minutes, RFIs, submittals, and change orders); ensured that pre -established document control requirements were met throughout the duration of the project; and produced logs, transmittals, and other reports as required. Project Experience Field Engineer, Groundwater Replenishment System Final Expansion (GWRSFE); Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M)—Butier provided project management and inspection services. The GWRSFE is a water supply project designed to provide an additional 31,000 AFY of advanced treated wastewater (recycled water) to the groundwater basin in north and central Orange County. The GWRSFE scope of work included upgrading the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 Secondary Effluent Conveyance Facilities; and rehabilitating an existing pipeline between Plant No. 2 and Plant No. 1 to bring secondary effluent to the GWRS. Office Engineer/Document Control Specialist, Mid -Basin Injection: Centennial Park Project; Santa Ana, CA; Orange County Water District (Completion: 2020; Value: $29.5M)—The Mid -Basin Injection project consisted of the construction of the following: four groundwater injection wells in below grade vaults; two (2) monitoring wells; a purified recycled water injection supply pipeline approximately 5,700 feet long that connects to the District's existing Groundwater Replenishment System (GWRS) pipeline and crosses the Santa Ana River; a backflush discharge pipeline approximately 4,200 feet long that discharges to the Greenville -Banning Channel and Centennial Park Lake; installation of submersible pumps within the four injection wells; replacement of approximately 9.6 acres of paving within the Park; demolishing an existing City of Santa Ana restroom facility; and constructing two new buildings with shared City and District uses. Document Controls Specialist, Tustin PFAS Treatment System and Influent Conveyance, Orange County Water District, Tustin, California (Completion: 2025; Value: $24M)—The project included the construction of conveyance pipelines to transport water extracted from four wells to a new PFAS water treatment facility. The treatment facility will consist of four ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components include the construction of a new BF.UT! ER Bryan Wilson Document Control Specialist section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Document Control Specialist, 1,2,3 - Trichloropropane Removal Treatment Plant Project, City of Chino Hills, Chino Hills, CA (Completion: 2025; Value: $15.51YI)—Butier is providing professional construction management support and special inspection services for the 1,2,3-Trichloropropane (1,2,3 -TCP) Removal Treatment Plant Project. The project is required for the City of Chino Hills to comply with the State Water Resources Control Board Division of Drinking Water mandate of an MCL of 0.005 micrograms per liter of 1,2,3 -TCP, which was identified in the City's groundwater wells supply. The scope of work includes the following: construction of a centralized granulated activated carbon (GAC) treatment plant, installation of ten (10) GAC treatment vessels, electrical and control systems, modifications of pumps, motors and electrical components in the Booster 9 Station, perimeter wall, gates, fencing, landscaping, irrigation and site grading, piping, paving and foundations. Document Control Specialist, Sativa Well 5 Treatment; Los Angeles, CA; Water Replenishment District of Southern California (Completion: 2025; Value $4.2M)— Butier provided construction management and inspection services for the installation and construction of a wellhead treatment facility. The purpose of the project was to remove the manganese pumped from water from the existing Sativa Well No. 5. The scope of work included the following: manganese filter system; filter backwash system with tank and pumps; chemical feed system; project water storage tank and booster pumps; piping valves, and appurtenances; the construction, start-up and testing of the system and associated site civil and electrical power improvements. Document Controls, La Salina Wastewater Treatment Plant Primary and Secondary Digesters Cleaning and Piping Improvements, Oceanside, CA; City of Oceanside (Completion: 2024; Value: $2.2M)—Butier Engineering provided construction management services for the La Salina Wastewater Treatment Plant Primary and Secondary Digesters Cleaning and Piping Improvements project. The scope of work includes dewatering and cleaning primary and secondary digester tanks, replacement of heated sludge supply and return piping and valves, including installation of new pipe supports, replacement of digester gas piping, valves and gas protection equipment, replacement of primary digester roof center ring cover and secondary digester seal rings and diaphragm on roof hatches and sample ports, and replacement of the digester overflow piping. Document Control Specialist, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District (Completion: 1/2025; Value: $22M)—Butier provided construction management services for the expansion which includes the installation of a new 5.88 MGD custom - engineered microfiltration (CEMF) system. This system increases water supply capacity and improves system operability and reliability at the five -acre plant. Additional scope of work included; tie-in to existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 600kW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon dioxide storage and dosing system that feeds into the existing Biofor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start up activities. BUTIER EDUCATION/TRAINING Graduate of IBEW/NECA Local 11 Apprenticeship 1986 Graduate of Instrumentation I & 11 (1989), Electrical Training Institute Completed Foremanship Class (ETI) LICENSES / CERTIFICATIONS Master Electrician, State of Colorado Contractor's License (Inactive), California, Arizona and Nevada SOFTWARE Estimating (McCormick Estimating Software) Project Scheduling/Cost Control (Microsoft Projects) MS Excel, Word, PowerPoint AFFILIATIONS Member, Occupational Safety Council of America (OSCA) AREAS OF EXPERTISE Field Engineering and Electrical Design Electrical Inspection and Specification Acceptance Client/Construction Representative Integrator of Ray -Chem and Chromalox Heat Trace Products HOME OFFICE 17822 E. 17th Street Suite 404 Tustin, CA 92780 Bruce Phillips Electrical Inspector Professional Summary Mr. Phillips brings over 30 years of experience in industrial and commercial construction to Butier Engineering, Inc. He has focused on providing construction cost estimating, project management, human resources (craft), client development, and client management services over the last 20 years of his career. His skills encompass a comprehensive array of experience in operations, management, project management, estimating, and start-up/commissioning services across various industries, including upstream oil and gas production, petroleum refining, petrochemical, wastewater treatment, food processing, and power generation. Project Experience Electrical Inspector, Groundwater Replenishment System Final Expansion Project; Fountain Valley, CA; Orange County Water District (Completion: 03/2023; Program Value: $284M)—Butier provided construction management and inspection services. The project included expanding the existing 100 MGD Advanced Water Purification Facility (AWPF) by adding 30 MGD of additional capacity; constructing Plant No. 2 (P2) Secondary Effluent Conveyance Facilities, including a pump station and two 3.0 MG effluent flow equalization tanks; and rehabilitating an existing 15,750 LF of 84 -inch pipeline between Plant No. 1 and P2 to bring secondary effluent to the GWRS. Electrical Engineer, City of Tustin PFAS Treatment System and Influent Conveyance; Tustin, CA; Orange County Water District (Completion: 2025; Value: $24MFThe project included the construction of conveyance pipelines to transport water extracted from four extraction wells to a new PFAS water treatment facility. The treatment facility consists of eight ion exchange (IX) vessels to treat the water produced from the extraction wells. Additional project components included the construction of a new section of distribution piping from the Main Street Water Treatment Plant, upgraded booster pumps to handle the additional flows, and replacement of the existing nitrate treatment system. Electrical Inspector, Claude "Bud" Lewis Carlsbad Desalination Plant—Standalone Intake Modifications; Carlsbad, CA; Poseidon Resources (Completion: 2025; Construction Cost: $1.82 million)—Butier provided construction management and inspection services for the final phase of intake -discharge modifications. The scope of work included the following: a new dual -flow screen system and ancillary systems supported on a new concrete access bridge including piles, pile bents, and access ramps; dual -flow spray wash system which includes pumps, piping, and nozzles; screen debris removal/management system; floating debris boom system; large organism exclusion system; new electrical building to house motor controls, variable speed drives, and other controls; instrumentation and controls required for the Permanent Modifications; connecting piping between the existing intake tunnel and the existing intake pump station; and abandonment of the generation station intake and discharge tunnel portions no longer needed to support operations. Electrical Inspector, Juanita Millender-McDonald Carson Regional Water Recycling Plant Phase II Expansion Project; Carson, CA; West Basin Municipal Water District (Completion: 2025; Value: $22M)—Butier's scope of work included construction management and inspection services for the expansion which included the installation of a new 5.88 MGD custom -engineered microfiltration (CEMF) system. This system will increase water supply capacity and improve system operability and reliability at the five - acre plant. Additional scope of work included the following: tie-in to existing on-site potable water line for backup supplies to the three main storage tanks with air -gap fittings, installation of a 600kW standby generator to provide the ability to continue pumping product water to the refinery during a power outage, installation of a carbon BUTLER Bruce Phillips Electrical Inspector dioxide storage and dosing system that feeds into the existing Biofor unit, associated civil, structural, mechanical, plumbing, electrical, controls, system integration, and instrumentation upgrades, and system performance testing and start up activities. Electrical Inspector, Water Replenishment District; Leo J. Vander Lans SCADA Upgrade Project, Long Beach, CA (Completion: 6/2025; Value: $1.3M)—Butier provided construction management services for the LVL SCADA Upgrade project. To ensure a functional, seamless SCADA system upgrade, our team is overseeing the work and maintaining a 90% online factor at LVL AWTF while reducing downtime during the implementation phase of the project. Upon completion, the District will have an improved, complete controls system drawing set that can be utilized for future improvements or troubleshooting. Constructability Review — Electrical/I&C, 90% Design Purified Water Replenishment Treatment Facility; San Jacinto, CA; Eastern Municipal Water District (Completion: 2023)—EMWD selected Butier to provide constructability review and value engineering services (CR&VE) for the 90% design of the Purified Water Replenishment Treatment Facility Project. The facility will blend advanced treated recycled water (purified water) with tertiary treated recycled water. The water will then be pumped to replenishment basins in San Jacinto where it will naturally seep into the ground and blend with existing groundwater. After traveling through the soil for a minimum of six months, the water will be pumped out of the ground through EMWD's network of groundwater wells and go through a final cleaning step consisting of microfiltration and reverse osmosis. Electrical Inspector, Chino I Desalter VOC Treatment Facilities; Ontario, CA; Chino Basin Desalter Authority (Completion: 2023; Value: $12M)—Butier's scope of work included construction management and inspection services. This project supports the County of San Bernardino's larger effort to mitigate groundwater contamination consisting of volatile organic compounds (VOCs) from the Chino Airport Plume. The County's project consists of the construction of new groundwater extraction wells at 10 new sites and on-site and/or off-site treatment, two new treatment facilities at the Chino I Desalter to remove VOCs from seven CDA wells and the new County wells, respectively. The two systems have a combined capacity of 3,550 gpm with provisions for expanding an additional 800 gpm. New treatment at the Chino I Desalter included construction of the following: two new Granular Activated Carbon Systems; cartridge and bag filtration systems; sulfuric acid storage and feed systems; piping systems and tie-ins; demolition of various structures and site improvements; storage building; electrical and instrumentation and controls; off-site pipeline to convey raw water from the County's wells for treatment at the Chino I Desalter; and system performance testing and startup activities. N:ny9&*Q1are Geotechnlcal 6 Environmental Sciences Consultants EXPERIENCE 26 Years with Ninyo & Moore 38 Years Total EDUCATION MBA, University of California Davis, 1998 M.S., Geotechnical Engineering, University of California Berkeley, 1989 B.S., Civil Engineering, University of California Berkeley, 1987 REGISTRATIONS PE 49665 (California) GE 2509 (California) Nuclear Gauge Operator Certification PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Garreth Saiki, PE, GE Principal Engineer Professional Summary As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including water infrastructure, highways, railroads, airports, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; Mr. Saiki also provides project coordination and oversees scheduling of field activities, supervises staff -level geologists and engineers, supervises field technicians and special inspectors, reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the Uniform Building Code (UBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construction (Greenbook). Project Experience Sativa Water Treatment Project, Los Angeles, California: Mr. Saiki provided project oversight and management, including work scheduling and review of the project plans, specifications, geotechnical report and contract documents. Ninyo & Moore provided materials testing and inspection services during upgrades of an existing water treatment facility including areas of new below grade utility pipeline, equipment pad, concrete and asphalt concrete hardscape construction, as well as construction of the following new structures: a Sodium Hypochlorite Storage Structure, a Manganese Filter System Structure, a Backwash Waste Tank Structure, a Product Water Pump Station, and a Product Water Tank Structure. Phase 213 Recycled Water Tank, Santa Clarita, California: Mr. Saiki provided project oversight, management, and documentation review. Ninyo & Moore provided geotechnical and materials testing inspection services associated with the Santa Clarita Valley Water Authority Phase 2B Recycled Water Tank project in Santa Clarita, California. The project consisted of constructing two 500,000 gallon welded steel recycled water tanks. The tank construction included stairs, access bridge, safety railing, lighting, overflow, maintenance hatches, sampling taps tank coating and all other necessary appurtenances. Earthwork included offsite pipeline which included approximately 1,250 feet of 12" recycled water ductile iron pipe along the access road to the proposed tank site. Ion Exchange PFAS Treatment System, Montebello, California: Mr. Saiki provided project coordination and management, including work scheduling and review of the project plans, specifications, geotechnical report and contract documents. He provided reinforced concrete deputy inspection services during structural reinforced concrete construction, including inspection during installation of rebar, formwork, anchor bolts, and plates, as well as continuous inspection during concrete placement, including sampling and testing of concrete and non -shrink grout. Ninyo & Moore geotechnical and materials testing and deputy inspection services pertaining to construction of the ION Exchange PFAS Treatment System project located at 344 East Madison in Montebello, California. The project consisted of upgrading the existing water treatment facility that includes areas of new utility pipeline, equipment pad, vault and exterior hardscape construction, as well as construction of a 45 feet wide x 72 feet long at grade Filter Vessel Treatment Pad Structure and a 18 feet wide x 27 feet long at grade chemical storage building. Puente Valley Operable Unit Intermediate Zone Remediation System, City of Industry, California: Mr. Saiki provided project coordination, technical support and management, including review of the project geotechnical reports, plans and specifications, distribution of /y/►yyo &*aur e Geotechnical & Environmental Sciences Consultants Garreth Saiki, PE, GE Principal Engineer test reports, work scheduling, and regular distribution of test and inspection reports to the project team. Ninyo & Moore provided materials testing and special inspection services during construction of the Puente Valley Operable Unit Intermediate Zone Remediation System project in La Puente and City of Industry, California. The project involved an extraction system, groundwater treatment plant, and an effluent system. The extraction system included some local infrastructure at the existing extraction wells and installation of additional piping for well water extraction and conveyance to the planned treatment plant. The effluent system consists of piping to convey product water to the La Puente Valley County Water District, surface water to the local storm drain system, and waste water discharge to the Los Angeles County sewer district system. South Archibald Plume Cleanup, San Bernardino County, California: Mr. Saiki provided project coordination, management and technical support. Ninyo & Moore provided materials testing services during construction of the Archibald Plume Clean-up Project in San Bernardino County, California. The project consisted of a new groundwater well, installing approximately 21,300 linear feet (LF) of pipe, and modifications to the existing decarbonators at the Chino II Desalter. The new piping includes 15,000 LF of 24 -inch diameter pipe, 5,300 LF of 18 -inch pipe, and 1,000 LF of 12 -inch pipe. Field technician services to provide observation, sampling and testing during trench subgrade preparation, trench backfill, aggregate base placement and asphalt concrete pavement operations. Wells 21 and 22 Wellhead Facilities, Tustin, California: Mr. Saiki provided project coordination, management and technical support. Ninyo & Moore provided materials testing services during construction of the Wells 21 & 22 Wellhead Facilities and Pipelines project in Tustin, California. The project consisted of installing approximately 6,800 linear feet of untreated water pipeline, approximately 1,300 linear feet of well pump -to -waste pipeline, approximately 12,600 linear feet of product water pipeline and approximately 1,570 linear feet of non -reclaimable waste pipeline, as well as pavement replacement along the pipeline alignments, wellhead facility site improvements also included a new concrete vault, utilities, piping, concrete pads, asphalt pavement and block walls. Field services included sampling and testing of structural concrete, subgrade (SG), aggregate base (AB) and asphalt concrete (AC). Our services also included batch plant inspection during production of asphalt concrete. )Vi17 &aore Geotechnical 6 Environmental Sciences Consultants EXPERIENCE 13 Years with Ninyo & Moore 19 Years Total CERTIFICATIONS ACI Field Testing Technician Grade I ACI Aggregate Level I ACI Strength Tester ACI Laboratory Technician Level ACI Laboratory Technician Level II Caltrans Beams Caltrans Concrete City of Los Angeles Deputy Building Inspector, No. P03072 Concrete Construction Grading County of Orange, Registered Special Inspector, No. 00320 ICC Soils Special Inspector ICC Reinforced Concrete Special Inspector FRP Qualified Inspector Radiation (Nuclear Gauge) User Safety USDOT Hazmat Matthew Jacobs Senior Field Technician/Inspector Professional Summary As a Senior Field Technician for Ninyo & Moore, Mr. Jacobs provides testing and inspection services for structural concrete and masonry, provides roadway inspection services on water, highway and street improvement projects and related documentation, provides construction management services on public works projects and related documentation, provides geotechnical observation and testing services for large earthwork projects and related documentation, performs construction observation of slope stability fills and landslide buttresses and provides related documentation, performs quality control for underground utility and foundation construction and provides related documentation, performs field testing of concrete and asphaltic concrete and provides related documentation, provides inspection of asphalt and concrete batch plants and related docu- mentation, performs geotechnical laboratory testing and provides related documentation. Project Experience Sativa Water Treatment Project, Los Angeles, California: Mr. Jacobs provided observation, sampling and density testing during the project rough grading, trench and structural excavation backfill, as well as subgrade and aggregate base recompaction and asphalt concrete paving operations; sampling and testing during concrete placement, including checking slump, temperature and air content, as well as casting of concrete cylinders. Ninyo & Moore provided materials testing and inspection services during upgrades of an existing water treatment facility including areas of new below grade utility pipeline, equipment pad, concrete and asphalt concrete hardscape construction, as well as construction of the following new structures: a Sodium Hypochlorite Storage Structure, a Manganese Filter System Structure, a Backwash Waste Tank Structure, a Product Water Pump Station, and a Product Water Tank Structure. IRWD/Orange Park Acres Well No.1 Wellhead Facilities, Orange, CA: Served as Senior Field Technician/Inspector to provide geotechnical observation and testing services during construction of the proposed Orange Park Acres Well No. 1 Wellhead Facilities Project located in Orange, California. The project consisted of constructing a well/booster pump building including a 15 foot deep clear well, chemical building, surge tank & pad, concrete masonry unit site walls and associated site underground utilities and electrical service facilities, as well as site paving. Phase 213 Recycled Water Tank, Santa Clarita, California: Santa Clarita Valley Water Agency c/o Cannon. Senior Field Technician. Mr. Jacobs provided geotechnical and materials testing and collection of the samples, and submittal of the test results. Ninyo & Moore provided geotechnical and materials testing inspection services associated with the Santa Clarita Valley Water Authority Phase 213 Recycled Water Tank project in Santa Clarita, California. The project consisted of constructing two 500,000 gallon welded steel recycled water tanks. The tank construction included stairs, access bridge, safety railing, lighting, overflow, maintenance hatches, sampling taps tank coating and all other necessary appurtenances. Earthwork included offsite pipeline which included approximately 1,250 feet of 12" recycled water ductile iron pipe along the access road to the proposed tank site. Ion Exchange PFAS Treatment System, Montebello, California: Senior Field Technician/Inspector. Mr. Jacobs provided observation, sampling and density testing during the project rough grading, trench and structural excavation backfill, as well as subgrade and aggregate base recompaction and asphalt concrete paving operations. He provided reinforced concrete deputy inspection services during structural reinforced concrete construction, including inspection during installation of rebar, formwork, anchor bolts, and plates, as well as continuous inspection during concrete placement, including sampling and testing of concrete and non -shrink grout. Ninyo & Moore geotechnical and materials testing and deputy inspection services pertaining to construction of the ION Exchange PFAS Treatment System project located at 344 East Madison in Montebello, California. The *flYfl&*QQre Geotechnical 8 Environmental Sciences Consultants Matthew Jacobs Senior Field Technician/Inspector project consisted of upgrading the existing water treatment facility that includes areas of new utility pipeline, equipment pad, vault and exterior hardscape construction, as well as construction of a 45 feet wide x 72 feet long at grade Filter Vessel Treatment Pad Structure and a 18 feet wide x 27 feet long at grade chemical storage building. Mid -Basin Injection project at Centennial Park, Santa Ana, California: Senior Field Technician. Mr. Jacobs provided sampling and testing of structural concrete, including checking slump, temperature and casting a set of concrete cylinders. Ninyo & Moore provided soils and materials testing services during construction of the Mid -Basin Injection project at Centennial Park in Santa Ana, California. The project consisted of constructing two shared recreation/communication buildings, and installation of approximately 5,000 linear feet of combined on-site and off-site purified recycled water injection supply pipeline, and approximately 4,000 linear feet of backflush discharge pipeline, as well as new asphalt concrete pavement construction. Earthwork for the project consisted of overexcavation and recompaction in order to provide 3 feet or more of compacted soil below the proposed foundations. The project required night and weekend work. IRWD/Fleming Reservoir and Pump Station Project, Irvine, CA: Served as Senior Field Technician/Inspector providing geotechnical and materials testing services during construction of the Fleming Reservoir and Pump Station project. The project consists of a new 1.3MG Reservoir, a new RMS Building, Pump Station, Storage Building, and various site improvements. The reservoir is an 80 -feet diameter DYK type design concrete tank with seismic cables, tensioning rods, shotcrete exterior over stressed strands and steel stairs. Other site improvements included yard piping, overflow vault, drain inspection vault, sewer holding tank, generator, retaining walls, storm drain system with biofiltration, surge tank, pipe support structures and asphalt concrete pavement. Geotechnical services included observation and testing during compacted fill, trench backfill and subgrade preparation. Field density testing was per -formed during fill placement to evaluate the contractor's compaction efforts. Materials testing services include concrete sampling and testing.Laboratory testing included Proctor density, sieve analysis, sand equivalent and concrete compressive strength testing. IRWD/Michelson Water Treatment Plant Biosolids and Energy Recovery Facilities, Irvine, CA: Served as Senior Field Technician/Inspector to provide materials testing and special inspection services during construction of the project. The project consisted of constructing several new structures, including a storm water pump station, primary sludge pump station, solids handling building, acid phase digester, methane phase digesters, sludge holding tanks, digester control building, dewatering feed pump station, digester gas storage and treatment, micro turbines, centrate treatment, odor control pad, bulk polymer storage, bulk liquid chemical storage, and fog receiving station. The project also included installing approximately 3,000 pre -cast concrete driven piles. services included testing and inspection of concrete, masonry and structural steel. Field services also included sampling and testing of fresh concrete and grout including checking slump, temperature and casting compressive strength samples. ON-S7"E EDUCATION B.S. Mechanical Engineering, 1977 -1982 Cal Poly Pomona YEARS' EXPERIENCE 32 Years (QA/QC) 25 Years (Inspection Management and Coordination) Kent Kreeger Senior Mechanical/Startup Engineer Professional Summary Mr. Kent Kreeger leads ON -SITE'S mechanical equipment team providing technical support during installation and start-up/commissioning, vibration analysis, failure analysis, and problem resolution. He has over 38 years of direct QA Management experience providing inspection and engineering support of projects both domestic and overseas. Mr. Kreeger has direct experience in hydroelectric, power generation, petrochemical, and water distribution pump stations, providing engineering support in all aspects of rotating and stationary equipment operation and reliability. Areas of expertise include inspection of mechanical equipment, pressure vessels, fabricated valves 48 inches to 144 inches, and engineered equipment. He is experienced in the fabrication, factory acceptance testing, and start-up support of all aspects of hydroelectric power generation and pump stations and rotating equipment, including pumps and motors up to 25,000 HP, generators, steam and gas turbines, and compressors. Mr. Kreeger is knowledgeable and experienced in functional testing, debugging, start-up and commissioning of PLC based control systems used in water treatment, water distribution, and large pumping stations. He performs inspection and commissioning services for electrical equipment, controls, instrumentation, SCADA, and related systems. He is often called upon to assist owners, contractors, and manufacturers with failure analysis support and solutions to difficult performance problems with mechanical systems. Supported the fabrication inspection of switchgear, transformers, MCCS, control systems and PLCS. Extensive experience in FRP fabrication and testing of filament wound tanks and pipe, and hand laid up assemblies; has inspected the application of all types of coating systems used in industrial applications. In addition, Mr. Kreeger has successfully directed and completed international based inspections in the following countries: Canada, Mexico, Brazil, Korea, Japan, England, Scotland, France, Germany, Spain, Poland, Sweden, Portugal, Austria, Indonesia, and India. Projects included large diameter valves, pumps and hydraulic turbine generators, forgings and welded structures, pressure vessels, and mechanical assemblies. Project Experience Edward C. Little Water Recycling Facility Phase V Design -Build Expansion; EI Segundo, CA; West Basin Municipal Water District (Completion: 05/2013; Value: $61,854,989)— Provided shop fabrication inspection and field construction inspection support as a sub - consultant to Butler Engineering, Inc. As a part of the project, West Basin expanded Title 22, Barrier Water and Low -Pressure Boiler Feed water treatment processes. The Phase V project involved expanding the Title 22 pretreatment capacity by 10 MGD to achieve a total treatment capacity of 40 MGD, along with expanding the Barrier Water production from 12.5 MGD to 17.5 MGD and the Low -Pressure Boiler Feed water production from 1.7 to 2.2 MGD to serve Single -Pass RO water to NRG's EI Segundo Power Plant. The Phase V project addressed numerous capacity expansion and treatment process upgrades. The project included, but was not limited to, the following components: Ozone -Microfiltration Pretreatment Process; West Coast Barrier; EI Segundo Power -Low Pressure Boiler Feed Water; Title 22 Facility -High -Rate Clarifier Expansion; Title 22 Pump Station; Chemical Facilities; and miscellaneous civil work. Expansion of the Leo J. Vander Lans Water Treatment Facility; Water Replenishment District of Southern California (Completion: 07/2014; Value: $31,588,721)—Provided shop fabrication inspection and field construction inspection support as a sub -consultant to Butler Engineering, Inc. The project included upgrading from 3 mgd to 8 mgd capacity; construction of additional microfiltration (MF), reverse osmosis (RO), and UV treatment and other systems; and upgrading the wastewater equalization system and improvements to the electrical and instrumentation and controls. ON -STC Kent Kreeger Senior Mechanical/Startup Engineer Start -Up Engineer, Carlsbad 50 MGD Seawater RO Desalination Plant; Carlsbad, CA; Poseidon Resources/SDCWA/Butler Engineering, Inc. (Completion: 12/2015)—Mr. Kreeger had overall responsibilities providing as -needed technical assistance during the fabrication, installation, and commissioning of (18) 7000HP pumps, mechanical equipment, valves ranging in size from 48" thru 98" diameter, and electrical inspections for the above referenced project. Knowledgeable and experienced in final testing, debugging, start-up and commissioning of systems related to chlorination, fluoridation, fumigation, exfoliation, water treatment, chemical feed, large pumps and valves, electrical equipment, components and instrumentation, SCADA, and other equipment and systems. Burris Pump Station Project—Phase 2, Orange County Water District/Butler Engineering—Provided support as a sub -consultant to Butier Engineering, Inc. during the initial evaluation of the existing pump station, repair or replace. Provided technical support by reviewing the job specifications, mechanical equipment proposals and submittals. Witnessed performance testing of the motor which were fabricated in Brazil, and the pumps, worked closely with the construction team to develop a plan to install the pumps. Provide construction inspection and start up support for the pumps, VFD's and PLC. Start -Engineer, Palo Verdes Peninsula Water Reliability Pipeline and Booster Station— As Start -Up Engineer for this project, Mr. Kreeger provided daily field support on behalf of the own, Cal Water. The project included the installation of a new pump station with a wet well and a surge control system, and backup generator power for the station. Four electric pumps were installed with new MCC analog controls and PLC / SCADA controls. The services included monitoring and inspecting the contractor's daily activities, including installation of equipment, electrical testing including loop check and continuity testing, PLC and analog controls testing. Start-up testing included vibration and hydraulic performance testing as well as surge tests. The Backup generator power was functionally tested for control the ATS functioned properly, and the station would operate on backup power. Failure Analysis Engineer, Sterling Reservoir Pump Station, Otay Mesa Water District— This pump station was commissioned in early 2020 and suffered a catastrophic gear box failure on one of the engine drives pumps. On -sites role on this project was to provide independent engineer analysis of the equipment that was specified and purchased, conform the equipment was properly installed, complete a failure analysis on the gearbox, pump, drive shaft and engine. Make recommendations on the necessary modifications required to correct the deficiencies. Startup Engineer, City of Fountain Valley Reservoir #2 Startup, City of Fountain Valley/Butler Engineering—This project included a new potable water pump station that supplies water to the City of Fountain Valley and a retrofitted storm water pump station. Both projects were constructed concurrently by the same contractor. Our role was to provide technical support to the CM on the project. Activities included submittal and RFI review, inspections during the installation of the equipment, electrical and control inspection, and commissioning activities. During the installation of the pumps and drivers, (electric motors and engine driven) inspections were completed to confirm the equipment was installed in accordance with the job specifications, O&M requirements, and industry standards. Once the electrical equipment and PLC based controls were installed, Loop checks, continuity and function testing was completed. During commissioning I worked with operations, the contractor and the equipment supplier's reps to successfully start the equipment. worked closely with operations and the PLC programmer the tune the controls system. e57 ON -Si TC EDUCATION B.S. Engineering, Aerospace YEARS' EXPERIENCE 30 Years (QA/QC) CERTIFCATIONS CAWI # 22037204 ASNT SNT-TC-1A, NDE level I, VT & PT, 2019 ISO 9001 Lead Auditor, BSI Cal ISO Consulting Value Based Management Juvencio Figueroa Mechanical /Startup Support Professional Summary Mr. Figueroa is a senior engineer managing our mechanical equipment team providing technical support. With over 30 years of direct QA Management experience providing inspection and engineering support for projects both domestic and overseas. Mr. Figueroa has direct experience in the Hydroelectric, Power Generation, Petrochemical and Water Distribution pump stations providing engineering support of rotating and stationary equipment operation and reliability. In addition, has a proven track record managing domestic and overseas fabrication inspection assignments, and providing technical support to difficult fabrication and construction problems. In this role his responsibilities include Quality Assurance verification for new and repaired equipment, Vibration Analysis and Failure Analysis. As a member of our mechanical equipment team, he provides technical support during installation and start-up/commissioning, vibration analysis, failure analysis, and problem resolution. Areas of expertise include inspection of mechanical equipment, pressure vessels, fabricated valves 48"-144", and engineered equipment. Experienced in the fabrication, factory acceptance testing, and start up support of all aspects of power generation and pump stations. Rotating equipment including pumps and motors up to 25,000 HP, generators, steam and gas turbines, and compressors. Knowledgeable and experienced in functional testing, debugging, start-up and commissioning of PLC based control systems used in water treatment, water distribution, and large pumping stations. Experienced in inspection and commissioning electrical equipment, controls and instrumentation, SCADA, and related systems. Supported the fabrication inspection of switchgear, transformers, MCCS, control systems and PLCS. Extensive experience in FRP fabrication and testing of filament wound tanks and pipe, and hand laid up assemblies; has inspected the application of all types of coating systems used in industrial applications. Successfully directed and completed international based inspections in the following countries: Canada, Mexico, Germany, Indonesia, and India. Projects included large diameter valves, pumps and hydraulic turbine generators, forgings and welded structures, pressure vessels, and mechanical assemblies. Relevant Experience 8 MG Peck Reservoir Replacement Project, storage tank and booster pump station, City of Manhattan Beach, CA, Ongoing Rotating Equipment Enoneer. Provide Technical Support and assistance during startup and commissioning of the facility. Services include fabrication inspection and witnessing factory acceptance testing, engineering, vibration analysis, and inspection support during the installation. Provide start up support. Witnessed loop checks, confirmed the PLC functionally, witnessed field alignment of the newly installed pumps, and witnessed factory testing of the new pumps and motors. California Water Pump Station 53, Cal Water, Palos Verdes, CA Rotating Equipment Engineer: Assisted in the preventative maintenance and setup activities for the pump station which included the inspection and testing of the following equipment: Booster Pumps & Motors, Pump Discharge Flow Meters, Surge Control Air Compressor Skids, CLA-Valves, Pump Room Fans, HVAC Units. Facilitated vibration analysis of the motors, the removal of failed motor, witnessed warranty repair bearing replacements and factory acceptance testing. Witnessed pump lift & alignment. ON -STC Juvencio Figueroa Mechanical /Startup Support ITT Gould's Pumps, VPO Division Warranty Manager/ Feld Service Coordinator. Coordinated field service activities and warranty repairs with ITT Pro services. Performed teardown analysis and made recommendations for a timely repair. Worked with customers, contractors and field service representatives during installation, repairs, and commissioning of pumps. Analyze failures, initiated corrective and preventive action to prevent reoccurrences. ITT Gould's Pumps, VPO Division Quality assurance Manager. Responsible for the administration of product acceptance, quality engineering, consumer affairs, evaluating and developing improved techniques for the control of quality. Determined specific quality goals, objectives and determined the effect of new quality requirements on all segments of company activities. Established procedures for maintaining high standards of product quality and reliability. Met with vendors, customers, quality representatives, and company personnel to discuss and resolve quality problems as required. Prepared for and represented the company during all ISO and related audits. Provided statistical support and methodologies for quality programs. ITT Gould's Pumps, VPO Division Senior Quality Engnw / OpEx Manager. Responsibilities included leading customer corrective action teams, supporting site visits and audits, product development, qualifying vendors, and supporting lean manufacturing initiatives under the ISO system in project - based assembly/manufacturing environment. Establish Inspection and test plans in conformance with customer requirements. Performed source inspections, and witness testing. Assessed and improved inspection and test methods. rL, EXHIBIT C 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 Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 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: Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 "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 elected and appointed officials, officers, employees, agents, servants, and those City agents serving as independent contractors in the role of City officials, and volunteers 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, agents and servants) 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. Master Template: (No Design) Professional Services Agreement Approved: 12/18/2023 2895843 AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT for Lampson Well Treatment Analysis (WT1902) 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. 3, dated October 13, 2025, amends that certain agreement ("Agreement") dated December 19, 2019, as previously amended by Amendment No. 1 dated April 27, 2020 and Amendment No. 2 dated March 22, 2021, 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, CIP 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. Effective March 22, 2021, City and Consultant entered into an amendment to the Agreement ("Amendment No. 2") for additional professional engineering services for the Project, and to increase Consultant's 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. D. City and Consultant wish to amend the Agreement, as previously amended by Amendment No. 1 and Amendment No. 2, for Consultant to provide additional professional engineering services for the Project, and to increase Consultant's compensation by $144,870 for those additional services required in connection with the Project, for a revised total compensation in the not -to -exceed amount of $586,475 and extend the term through and including June 30, 2028 as provided herein. AMENDMENT NO. 3 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 1.1.3 to read as follows: 1.1.3 For the term as defined in Section 2.4, Consultant shall provide those additional engineering services (hereinafter "Additional Services") set forth in the attached Exhibit A-3 (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, A-3, B, this Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3, Amendment No. 3 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, 2.3, and 2.4, 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. I 2.2 First Extension. 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. 2.3 Second Extension. 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. 2.4 Third Extension. Notwithstanding Sections 2.1, 2.2 and 2.3, the term of Amendment No. 3 for the performance of the Additional Services (as set forth in Exhibit A-3) shall commence as of the Effective Date of Amendment No. 3, and shall remain in full force and effect until June 30, 2028, 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: "3.0 Consultant's Compensation 3.1 City will pay Consultant in accordance with the following provisions, but in no event will City pay more than the total amount of $586,475 for all terms, as follows: 3.1 .1 Original Term and First Extension. For the Original Term (as defined in Section 2.1) and the First Extension (as defined in Section 2.2), City will pay Consultant at 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 Second Extension. For the Second Extension (as defined in Section 2.2), 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 3.1.2 Third Extension. For the Third Extension (as defined in Section 2.3), City will pay Consultant in accordance with the hourly rates shown on the fee schedules set forth in Exhibit A-3 (for Additional Services), but in no event will the City pay more than the not -to -exceed amount of $144,870 for those Additional Services set forth in Exhibit A-3; and City shall pay no more than the revised total contract amount not -to -exceed $586,475 for all services under the Agreement (Exhibit A), Amendment No. 1 (Exhibit A-1), and Amendment No. 2 (Exhibit A-2) and Amendment No. 3 (Exhibit A-3). Any additional work authorized by the City pursuant to Section 1.5 under Amendment No. 3 will be compensated in accordance with the fee schedule set forth in Exhibit A-3, 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 or Exhibit A-3." Section 4. 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, 2019, Amendment No. 1, dated April 27, 2020, Agreement No. 2, dated March 22, 2021, and this Amendment No. 3, dated October 13, 2025, as if all of those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 3, all other provisions of the Agreement, as previously amended by Amendment No. 1 and Amendment No. 2, shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement, Amendment No. 1, and/or Amendment No. 2, the provisions of this Amendment No. 3 shall control. 12 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH Attest: A Patrick Gallegos, City Manager Gloria D. Harper, City Clerk Approved as to Form: By: Nick Ghirelli, City Attorney 5 CONSULTANT: Pacific Advanced Civil Engineering, Inc., a California corporation By: Name: Mark Krebs, PE Its: Secretary By-5� --2! Name: Duncan Lee, PE Its: Vice 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.) EXHIBIT A-3 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: April 10, 2025 Seal Beach, CA 90740 Phone (562) 431-2527 x1322 PROJECT: B629 — Lampson Well Treatment Analysis — Pilot Project C.O. AUTH. #: #3 (Version 2) PACE is requesting authorization for an additional budget to perform the following existing subtasks. Refer to the separate detailed fee estimate. Overview: During the current design phase of the Lampson Well Treatment System, PACE was informed by the City that approximately 36' of the existing sewer pipe downstream from the well site was choked from 8" to 4" at a location crossing an existing 36" storm drain pipe on Lampson Avenue. PACE speculated at the time when the sewer pipe was constructed, the contractor was not able to clear the existing storm drain with the 8" pipe. Since the only flows to this choked location at that time were sampling water being discharged from the Lampson Well, having this 4" reduction did not have any negative operation and maintenance impacts. However, the existing sewer pipe is undersized as the backwash water needed for the upcoming treatment system will have a significant flow rate of several hundred gallons per minute. Furthermore, the existing sewer pipe was designed as a gravity pipe, but a high flow rate could convert a significant portion of the pipe into a force main instead. The City staff has agreed with PACE's recommendation to design a parallel 8" pipe at the location of the choking point on Lampson Avenue to increase flow capacity and to design an on-site retention tank assembly to attenuate high backwash flow rate while avoiding placing the existing 8" sewer pipe into a force main condition. There were also various other engineering efforts, ranging from obtaining preliminary approval from the Division of Drinking Water to construct the proposed treatment system, redesigning the system to eliminate 3 -way valves, modifying the on-site treatment to waste piping, and a host of various changes. Most of these efforts were funded by reallocating available funds initially budgeted for the construction engineering support phase. This is a complex project for which the level of construction engineering support needed will likely be higher than that of typical public works projects. Therefore, more not -to -exceed budget hours are included. Lastly, when the City is ready to direct PACE to perform some semi -automation programming to maintain the new treatment system, there will be a budget item to allow the PACE team to perform this task. Compensation: PACE will complete the additional work outlined herein and invoice the City monthly on a percentage of completion basis with the design subtasks, time and expense basis for the as -needed construction engineering support subtasks, in the Not -To -Exceed amount of $144,870 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. Iris Lee - Change Order #3 April 10, 2025 Lampson Well Treatment Analysis - Pilot Project- City of Seal Beach /#8629 Page 2 of 2 Estimated By: April 10, 2025 Duncan Lee, PE - PACE Date PACE L— — Fee Schedule and Rate Sheet Matrix Project Name: Lampson Well H2S Removal Project (COU) :iient: City of Seal Beach PACE Job Number. #B629 /� C 5744,670 Estimate Date: April 10, 2025 AA ,,/."'w►,,,E w�•Clnp Fee Schedule and Rate Sheet Matrix 1 of 1 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*1 --... _ ...1. -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 .. sls00y5elleiol 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) MINOR 1 wN (uwnlo0 as j Sl aaS) ilun 6anmS Sd9 OYZS uiwpV 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) 891-0407 Newport Beach, 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 34630 Pacific Advanced Civil Engineering Inc. (PACE) INSURER D: Arch S ecial Insurance Company 21199 17520 Newhope Street Suite 120 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. INSR T 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 -OWNED AUTOS ONLY AUTOS ONLY 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) AMENDMENT NO. 1 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 EI Pacific Advanced Civil Engineering, Inc. 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 (714) 481-7300 This Amendment No. 1, dated April 27, 2020, amends ("Agreement") dated December 19, 2019 by and between ("City"), a California charter city, and Pacific Advanced ("Consultant"), a California corporation. 1 that certain agreement the City of Seal Beach Civil Engineering, Inc. RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides professional engineering services for the Lampson Well Treatment Analysis — Pilot Project. B. City and Consultant wish to amend the Agreement for Consultant to provide additional professional engineering services for the Project, and to increase Consultant's compensation by $29,500 for those additional services required in connection with the Project, for revised total compensation in the not -to -exceed amount of $62,500 as provided herein. AMENDMENT NO. 1 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 1.1.1 to read as follows: 1.1.1 Consultant shall provide those additional services (hereinafter "Additional Services") set forth in the attached Exhibit A-1 (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, B and this Agreement, as amended by Amendment No. 1, Amendment No. 1 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 Section 2.2, 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 shall commence as of the Effective Date of Amendment No. 1, and shall continue for a period of one (1) year ending April 27, 2021, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days' prior notice. Section 3. Section 3.1 of 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. Any additional work authorized by the City pursuant to Section 1.5 will be 2 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." Section 4. The title of Section 16.1 (Other Indemnitees) of Section 16.0 (Indemnification, Hold Harmless and Duty to Defend) of the Agreement is hereby amended to read "Other Indemnities", with all remaining provisions of Section 16.1 remaining in effect without amendment. Section 5. Section 19.0 (Prevailing Wage and Payroll Records) of the Agreement is hereby amended in its entirety to read as follows: 19.0 Labor Law Requirements 19.1 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. 19.2 Prevailing Wage and Payroll Records. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code. Therefore, as to those services that are "public works", 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." Section 6. New Section 28.0 (Suspension) is hereby added to the Agreement to read as follows: "28.0 Suspension City may, in writing, order Consultant to suspend all or any part of the Consultant's Services for the convenience of City or for work stoppages beyond the control of City or Consultant. A suspension of the Services does not void this Agreement." Section 7. New Section 29.0 (Force Majeure) is hereby added to the Agreement to read as follows: "29.0 Force Majeure Neither City nor Consultant shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this section. Each party shall advise the other promptly in writing in accordance with Section 7 of this Agreement of each 3 such excusable delay, its cause and its expected delay, and shall upon request update such advice. Section 8. Section 28.0 (Corporate Authority) s hereby re -numbered as Section 30.0, with all other remaining provisions of said section remaining in effect without amendment. Section 9. 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, 2019, and this Amendment No. 1, dated April 27, 2020, as if all of those terms are fully set forth therein. Section 10. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH c By: r Jill . Ingram, City er Attest: By: Gloria D. H r er, City Clerk Approved to By: ra' A. teele, City Attorney CONSULTANT Engineering, corporation Pacific Advanced Civil Inc., a California Name: Michelle Hoalton Its: Vice President By: 25 Name: Mark Krebs Its: President, Secretary (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.) EXHIBIT A-1 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 Seal Beach, CA 90740 Phone (562) 431-2527 x1322 DATE: March 25, 2020 PROJECT: B629 — Lampson Well Treatment Analysis — Pilot Project C.O. AUTH. #: #1 PACE is requesting authorization for additional budget to perform following new tasks. Overview: The phase 1 investigations were focused on evaluating PACE's proposed Hybrid Biological Activated Carbon (HBAC) treatment on City of Seal Beach (City) Lampson Well (Well) H2S removal. Unfortunately, the HBAC treatment was not successful as the Well water does not have native sulfide oxidizing bacteria. The later efforts to seed bacteria from another Orange County ground water well (OC Well 9) also failed. During phase 1 investigations, it was noticed that when exhausted GAC media columns dried, the adsorption capacity of GAC was regenerated. This finding lead for the preliminary investigations carried out to identify feasibility of "Passive Regeneration of GAC" to enhance media life time while reducing annual operational cost of media replacement. This request for additional task is to investigate the feasibility of PACE's proposed passive regeneration of exhausted GAC on treating H2S odor, and to reducing chlorine chemical usage. This pilot study will be carried out by using previously deployed PACE's 5 -column pilot skid and the 8 -foot tall pilot skid. Description of Scope: Our services will include the following tasks: (1) feasibility study on passive regeneration of GAC (17 weeks), (2) Chlorine demand test (1 week), and (3) a technical memorandum with a PowerPoint presentation (2 weeks). PACE anticipates a total of 21 weeks to complete all identified tasks. Task 04 — Feasibility Study on Passive Regeneration of GAC PACE shall provide equipment, materials, and labor to perform an approximate 17 - weeks pilot test at the Well. Both the 5 -column pilot skid and the 8 -foot tall pilot skid (see Figure 1) will be modified and used for feasibility studies. PACE shall be responsible for modifications and startup of pilot skids while the City shall be responsible to providing required access, electrical power and raw well water. Figure 1 — Five column (left) and 8 -foot -tall (right) pilot skids Iris Lee — Change Order #1 March 25, 2020 Lampson Well Treatment Analysis —Pilot Project— City of Seal Beach /#B629 Page 2 of 4 Task 4 will be carried out in three (3) stages to find answers to three (3) main unknowns as stated above. The investigation approach for each individual stages are described below: 1. Stage 1 — Duration for media exhaustion for 4 foot of GAC media — 3 Weeks 8 -foot tall pilot skid will be filled with 4 foot of fresh GAC media, and will have a 500 gpm equivalent flow rate for a 10 diameter vessel. The test will run for initially at two days per week for the first week, and then become daily until a breakthrough of 20 pg/L of HzS is reached. 2. Stage 2 — Optimal duration for Passive Regeneration — 2 Weeks Five column pilot skid will be configured in parallel configuration and fresh GAC media will be exhausted to initiate Passive Regeneration study. Once media is exhausted, water supply for all columns will be shut down and allow to passively regenerate for 24, 48, 72, 96 and 144 hours with daily monitoring to estimate optimal duration for regeneration. In addition, a similar test as Stage 1 above will be performed to determine the duration it takes to exhaust 15 inches of GAC media. 3. Stage 3 — Projected number of regeneration cycles GAC media can be used — 12 Weeks 8 -foot tall pilot skid will be filled with 4 foot of fresh GAC media, and will have a 500 gpm equivalent flow rate for a 10 diameter vessel. The test will run up to 6 cycles of Stage 1 media exhaustion tests, or 12 continuous weeks (whichever comes first) of testing, with optimal duration to dry GAC media as determined from Stage 2. Each dataset from each cycle will be plotted, to determine if GAC is quickly degrading, gradually degrading, barely degrading over the testing period. PACE will then estimate the useful life of GAC media through extrapolation. PACE will collect water samples to monitor odor, hydrogen sulfide, and other water quality parameters as outlined in Table 1 below. PACE will test sensitive water quality parameters on site, while other less sensitive tests will be carried out at PACE lab within 24 -hours after sampling. PACE will coordinate and work in good faith with City's water distribution staff to conduct analysis without creating any undue burden on City staff. The following water quality parameters will be tested on a daily and weekly basis. Table 1— Water Class Parameter PH* Conductivity TDS General ORP* DO* Color* Turbidity Method Handheld probe Handheld probe Handheld probe Handheld probe Handheld probe HACH 8025 Temperature* I Handheld probe Ions I Sulfide* I HACH 8131 parameters tested in Task 04 Equipment 'Mor sI(grlcance Hach HQ40d Secondary Drinking Water Standard OAKTON PCTS 50 Secondary Drinking Water Standard Secondary Drinking Water OAKTON PCTS 50 Standard Oxidation Status of the Well ORPTestr 10 water Sensitive for Sulfide Oxidation Hach HQ40d HACH DR 2800 / Secondary Drinking Water Hach DR 900 Standard HACH 2100 Secondary Drinking Water TURBIDIMETER Standard Hach HQ40d Sensitive for biological activity Ion of Concern HACH DR 2800 PACE Iris Lee — Change Order #1 Lampson Well Treatment Analysis — Pilot Project — City of Seal Beach / #B629 Sulfate HACH 8051 March 25, 2020 Page 3 of 4 HACH DR 2800 1 By product of Sulfide Oxidation Nitrate- N HACH 10206 HACH DR 2800 Nutrient / Sensitive for Sulfide Oxidation Ammonia - N HACH 10023 HACH DR 2800 Nutrient for biological activity Iron HACH 8008I HACH DR 2800 Secondary Drinking Water Standard Manganese HACH 8149' HACH DR 2800 Secondary Drinking Water 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 05—Testing with OC Well 6 Bacteria w/ 1' Tall Pilot Kit PACE will separately grow bacteria from another Orange County ground water well (OC Well 6), inside a compact 1' tall compact pilot kit filled with exhausted GAC, to determine if such bacteria can survive the raw water from the City's Well. If result shows bacteria can survive under this condition, PACE will recommend the City to authorize PACE to perform more future testing as shown below as Optional Task 08. Task 06 — Chlorine Demand Test PACE shall provide equipment, materials, and labor to perform a comprehensive chlorine demand tests on raw Well water and treated water to determine the amount of reduction in chlorine demand from the proposed passive regeneration treatment system. Two chlorine demand tests will be conducted as soon as the regenerated media is put in service, and after 1 week of operation. The chlorine demand tests are conducted on site immediately after samples are collected. Task 07 — Technical Memorandum and Presentation PACE shall prepare a Technical Memorandum (TM) and a Power Point presentation to summarize results of the analysis, findings, and provide recommendations for improvements. Optional Tasks (Total of $30,000): optional Task 08 — Feasibilitv__Study on HBAC Testing with OC Well 6 Bacteria (0vtionall - $20,000 Similar to Task 01 from the original phase 1 pilot, exhausted GAC media will be seeded with OC Well 6 bacteria in the five column pilot skid. PACE will performs a number of treatment cycles, including backwash, to measure effectiveness of a HBAC system for the removal of the Well's 1-12S odor. PACE will also perform a separate test to determine if seeded bacteria can survive in a vessel when it is stagnant for 1 day, 3 days, 1 week, 2 weeks, and 1 month. This is an essential operation parameter to determine how long can the Well be shut off while not harming the seeded bacteria. Summary of findings and results from this task will be included in the above Task 07 Technical Memorandum and Presentation. PACE Iris Lee — Change Order #1 Lampson Well Treatment Analysis — Pilot Project — City of Seal Beach / #B629 March 25, 2020 Page 4 of 4 Optional Task 09 -- Assist City with Preliminary Review & Acceptance of Treatment Method from State Regulatory A enc (Optional) — $10,000 Consultant shall prepare base maps for pipeline plans and profiles using data obtained from the surveyor. Client's existing digital GIS shape files will be layered into base maps, along with all physical elements, including and not limited to right-of-way, curbs and gutters, centerlines, existing active and abandoned utilities, etc. Surveyor will obtain depth, invert elevation, depth to valve stems from existing manholes and valve covers. Consultant will work with City staff to notify utility companies to obtain updated maps delineating existing utilities, and to determine if there are proposed improvements within the project limit. All such proposed improvements will be included in the base maps to identify potential conflict with proposed design alternative(s). Consultant will review Client's record drawings and will show all existing improvements in the base maps. Consultant will make site visit(s) to validate information shown on all base maps. Compensation: 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 $29,500 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 04 — Feasibility Study on Passive Regeneration of GAC $ 20,000 Task 05 — Testing with OC Well 6 Bacteria w/ 1' Tall Pilot Kit $ 1,500 Task 06 — Chlorine Demand Test $ 4,000 Task 07 — Technical Memorandum and Presentation 4,000 This Request - Change Order #1: Estimated By: March 25, 2020 Duncan Lee, PE — PACE Date AGREED TO AND ACCEPTED BY: Iris Lee, P.E. - City of Seal Beach Date PACE LULU } �x\�, w2j { LU 0!$ o3q§ M Z���/ �0a.,/=, { § a La ,!m (!�, .E— Eƒ!� k90.2 a k\ 0 # f � k2 ct k k 3 a \ E L2 f - 2] - G ■(� � § � \/i£ $\ § �•� ] LO) 7 § , � §e; m )w \§ ° . ]2 \k § }�5 \\$ . \(t u£® a=2 k§/ \\/ k\§ . LL J� @ R PACIAQU-01 ARQDRIGUE, ,4COR0 CERTIFICATE OF LIABILITY INSURANCE DATE /YYVY) 72/8120612018 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 — —mv r V"' rV HUB International Insurance Services Inc. 4695 MacArthur Court, Suite 600 Newport Beach, CA 92660 INSURED Pacific Advanced Civil Engineering Inc. (PACE) 17520 Newhope Street Suite 120 Fountain Valley, CA 92708 c2gjAcT Laura Lettieri REVISION NUMBER: PHONE FAX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD (AIC, No. Exy: (AIC, No): CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED ADDRESS, laura.lettieri@hubinternational.com n EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSURER[S) AFFORDING COVERAGE NAIC # INSURERn_ Evanston Insurance Company 35378 , IW$uReRa.Atlantic Specialty Ins. Co. 27154 INSURER c: Berkshire Hathaway Homestate Insurance Company 20044 INSURERD:Arch Specialty Insurance Company_ 21199 INSURER E: X $5,000 Ded INSURER F: COVERAGES CERTIFICATE (HUMBER: 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 INSR TYPE OF INSURANCE AOOL SUER POLICY NUMBER POLICY EFF POLICY EXP .ITR - - tNSD = — --[M-1A.QDP"r�`_YLLIMM1001YYYYt LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCURMKLV5PBC000525 '�, 4/30/2019 4/30/2020 X DAMAGE TO RENTED PRENIIS.E.S.(F;a.uc&upance} $_. 300,000 X $5,000 Ded MED EXP.(Any one person) S -- PERSONAL A ADV INJURY 8 1,000,000 GEMLAGGREGATE L�IMOIT� APPLIES PER: GENERAL AGGREGATE $ 2'000'000 POLICY X JECT I LOC PRODUCTS -COMPIOPAGG $ 2,000,000 CAP:$10,000,000 OTHER S 13 AUTOMOBILE UASILITY COM SINE 0SING LELIMIT (Ea spioder+l) _L _ 1,000,000 X ANY AUTO X 7100322160007 4/30/2019 4/30/2020 BODILY INJURY (Per person) S, OWNED SCHEDULED , AUTOS ONLY AUTOS BODILY INJURY (Per acaldanl) S p ALITOSONLY PER { Oppod i_ AUTO�[�r tOAMAGE S A UMBRELLA LIAB X OCCUR X EXCESS LIAB CLAIMS -MADE MKLV5EUL101645 DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N PAWC019790 ANY PROPRiETOR/PARTNERIE7IEGUTf11E �FFICCERme Mg�� EXCLUDEtri N I A liendatary�n NHj --- IfVes. describe under D PROF 8: POLL LIAB D RETRO DATE: 1/1/1995 EACH OCCURRENCE S 10,000,000 4/30/2019 4/30/2020 AGGREGATE I S 10,000,000 S X PER H STATUTE E;R 3/2/2019 3/2/2020 1,000,000 E.L EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE- S 1,000,000 . M...- . 1.000.000 CPPOO55298-06 4/30/2019 4/30/2020 ',F-ACH CLAIM $3M / DED ! 100,000 CPP0055298-06 4/30/2019 4/30/2020 ',AGGR $6M I DED 300,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mono apace 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 C1320101185, CG20370704 and VCA201062018. Excess Liability Follows Form. 30 day notice of cancellation applies per policy provisions per (GL) IL00171198, (AUTO) VIL619CA0811 & (WC) WC990607107. City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 and Certain Individuals B. Section II — Covered Autos Liability Coverage 1. Additional Insured — Written Contract, Agreement, Permit or Authorization 2. Broadened Named Insured 3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) 4. Newly Acquired or Formed Organizations 5. Supplementary Payments — Bail Bonds and Loss of Earnings C. Section III — Physical Damage Coverage 1. Hired Auto Physical Damage Coverage 2. Towing — Any Covered Autos 3. Transportation Expenses Increased 4. Loss of Use Expenses Increased 5. Other Coverage Extensions a. Airbag Discharge b. Auto Theft Reward c. Loan/Lease Gap Coverage d. Rental Reimbursement 6. Diminution in Value 7. Communications Equipment 8. Deductible Waived For Glass Repair D. Section IV — Business Auto Conditions 1. Duties in Event of Accident, Claim, Suit or Loss 2. Waiver of Subrogation When Required by Written Contract or Agreement E. Section V — Definitions 1. Bodily Injury— Includes Mental Anguish 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) 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 5 Copyright 2018, INSURED 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 II — 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 AA.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 AA.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, 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, 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 (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 0811 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: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. 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; 1. 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 M11 end on the day and hour stated in the cancellation notice. 5. If you cancel this policy or if we cancel due to non-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) 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 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 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 avaiiabie to that organization. Coverage under this provision is afforded until the 1301h 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 03 16 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 03 16 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 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 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 carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. 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 03 16 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. 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 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 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) Anywhere 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 03 16 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) RESOLUTION 7019 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR THE LAMPSON WELL TREATMENT ANALYSIS — PILOT PROJECT, PROFESSIONAL ENGINEER SERVICES WHEREAS, On December 19, 2019, the City entered into a Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) in the amount of $33,000 to provide professional engineering services for the Lampson Well Treatment Analysis — Pilot Project ("Project"). WHEREAS, the City desires to engage PACE to provide additional professional engineering services to support the Project. WHEREAS, PACE provided a cost proposal to provide these additional services in a not -to -exceed amount of $29,500; and, WHEREAS, PACE also provided a cost proposal for two (2) optional tasks for a not -to -exceed amount of $30,000. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves Amendment No. 1 dated April 13, 2020 to the Professional Services Agreement dated December 19, 2019 between the City of Seal Beach and Pacific Advanced Civil Engineering, Inc., as follows: A. Authorizing additional Lampson Well Treatment Analysis — Pilot Project professional engineering services (collectively "Additional Services"), as set forth in Exhibit "A-1" to Amendment No. 1, attached hereto and incorporated herein by this reference, with a term ending April 13, 2021; and, B. Increasing Consultant's compensation by $29,500 for the Additional Services, as set forth in Exhibit "A-1" to Amendment No. 1, for a revised total contract amount not -to -exceed $62,500 for all services under the Agreement and Amendment No, 1. SECTION 2. The City Council hereby authorizes the City Manager to approve Optional Tasks, as set forth in Exhibit "A-1" to Amendment No. 1, and to amend the Agreement, at her discretion, in a not -to -exceed amount of $30,000, for a combined total contract amount not -to -exceed $92,500. 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 Water TDS Handheld probe OAKTON PCTS 50 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 Water Color* 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 Water Iron HACH 8008 HACH DR 2800 Standard Secondary Drinking Water Manganese HACH 8149 HACH DR 2800 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 Lettieri NAME: 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-MAIL ADDRESS: 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 4/30/2020 X 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 o POLICY X ECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 CAP:$10,000,000 OTHER $ 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 AUTOS SSWN BODILY INJURY (Per accident) $ AUTOS AUTOS (Peri acEciidentDAMAGE ONLY ONLDY $ 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 3/2/2020 ANY PROPRIETOR/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 $ 1,000,000 DESCRIPTION OF OPERATIONS below E.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 City Ci 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) U\���F SERC 6F9�ys AGENDA STAFF REPORT ''c:4CIFOR�I�P- DATE: October 13, 2025 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Joe Bailey, Marine Safety Chief SUBJECT: Revised Pay Scale for Marine Safety Part -Time Lifeguard Employees SUMMARY OF REQUEST: That the City Council adopt Resolution 7702: 1. Amending the Pay for Part -Time Marine Safety City Employees; and, 2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and, 3. Removing the Swim Instructor and Assistant Pool Manager classifications; and, 4. Approving Budget Adjustment #26-04-01. BACKGROUND AND ANALYSIS: The mission of the City of Seal Beach Marine Safety Department is to provide high-quality safety services in the coastal and aquatic environment through prevention, education, rescue, medical aid, outreach, beach management, and enforcement. Although the City hires and employs lifeguards year around, most are hired seasonally, typically working from Memorial Day through Labor Day, with extensions based on weather and beach attendance. They protect 1.75 miles of beach, staffed from eight (8) lifeguard towers, four (4) response units, one (1) rescue boat, and two (2) rescue watercraft. The Department also manages the McGaugh Swimming Pool, providing year-round lifeguarding, programs, and youth swim instruction. Seasonal staffing consists of approximately 75 lifeguards that provide critical safety services along the City's coastline and McGaugh Swimming Pool. These Agenda Item H lifeguards also serve as Junior Lifeguard Instructors, teaching ocean swimming and water safety to over 350 youth aged 9-17 in the annual Junior Lifeguard Program. 2024 — 2025 Statistics: • 338 Water Rescues • 2,369 Preventative Actions • 730 Minor Medical Aids • 48 Major Medical Aids • 27 Missing Persons Calls • 4,740 City Ordinance Violations (e.g., dogs, alcohol, digging) • 233 Vessel Calls • Over 249,000 Public Contacts • 350 Junior Lifeguards in the 2025 Program • 576 Swim Lessons provided Summer of 2025 The Seal Beach Marine Safety Department recruits each season for a staff of 65- 80 part-time seasonal lifeguards. This includes 45-50 Ocean Lifeguards and 25- 30 Pool Lifeguards/Swim Instructors. Ocean Lifeguard candidates must complete a 112 hour Ocean Lifeguard Academy before becoming hired as a Lifeguard I. The Seal Beach Marine Safety Department is certified by the United States Lifesaving Association (USLA) at the highest level for training standards and practices and is recognized as an advanced agency. Pool lifeguards must complete the American Red Cross Pool Lifeguard Certification and specific departmental onboarding. To remain competitive and attract the most qualified candidates for these critical safety positions, staff recommends adjusting the Marine Safety part-time pay scale. A survey of surrounding agencies shows that these departments offer similar programs, job requirements, and direct competition for candidates. Seal Beach remains the lowest comparator agency of the study. The current pay rates for these positions are no longer competitive, and the number of applicants has been in steady decline. In 2022, Council approved a five percent increase for certain Marine Safety part-time positions, which amounted to an increase of $0.91 for Lifeguard I Step I. Prior to that, there had been no adjustments since 2018. It is imperative that the City remain competitive, particularly in the Lifeguard I classification which serves as the cornerstone of the part-time Marine Safety pay schedule. All other part-time Marine Safety classifications align to this position. Attracting qualified candidates for these critical lifesaving positions is of paramount importance, as these individuals often have multiple employment opportunities at nearby beaches, public pools, and private aquatics programs. Updating the City's pay structure is essential for recruitment and retention. The proposed pay adjustments for Marine Safety classifications were developed by using Lifeguard I as the benchmark classification and building the remaining positions proportionally from that base. Over time, these classifications have fallen significantly behind comparable agencies, creating challenges in recruiting and retaining qualified staff for critical emergency safety functions. The proposed Page 2 adjustments represent a structural realignment to bring the classifications closer to competitive levels. The changes are intended to correct long-standing inequities and ensure the City can maintain adequate staffing for vital marine safety and emergency response services. In addition, the Swim Instructor and Assistant Pool Manager classifications will be removed. Staff recommends that the City Council adopt Resolution 7702 amending the pay schedule for part-time Marine Safety employees with a revised combined part-time pay schedule for the Beach Lifeguard Trainee, Pool Lifeguard, Aquatics Coordinator, Lifeguard I, Lifeguard II, and Ocean Lifeguard Specialist classifications. All special pay has been removed from the pay schedule through rescinding Resolution 5856, including 5% EMT bonus and 5% Junior Lifeguard instructor bonus. The proposed pay scale, effective October 26, 2025, is provided as Attachment B. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved the resolution as to form. FINANCIAL IMPACT: The proposed pay adjustment is anticipated to result in a total estimated cost of $219,290.30. This amount is a budgeted estimate and represents the fully burdened cost. The necessary budget adjustment #26-04-01 will be appropriated from the General Fund and will be included in future budgets. Description Account Revised/Adopted Budget Proposed Budget Budget (diff) Amendment Part -Time Salaries 101-230-0073-50030 S 165.265.00 S 205.026.98 S 39.761.98 Part -Time Salaries 106-230-0828-50030 S 620.279.00 S 799.807.32 S 179.528.32 Transfer Out - Operational 101-150-0080-59200 S 2.267.930.00 S 2.447.458.32 S 179.528.32 Transfer In - Operational 106-000-0000-49200 S 2.142.430.00 S 2.321.958.32 S 179.528.32 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 RECOMMENDATION: That the City Council adopt Resolution 7702: 1. Amending the Pay for Certain Part -Time Marine Safety City Employees; and, 2. Approving the revised combined part-time pay schedule for Marine Safety classifications effective October 26, 2025 and rescinding Resolution 5856; and, 3. Removing the Swim Instructor and Assistant Pool Manager classifications; and, 4. Approving Budget Adjustment #26-04-01. SUBMITTED BY: NOTED AND APPROVED: Jo-& 13aizij Paf riz6iai&9o-�' Joe Bailey, Marine Safety Chief ATTACHMENTS: Patrick Gallegos, City Manager A. Resolution 7702 B. Part Time Pay Schedule Red Line Page 4 RESOLUTION 7702 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE PART-TIME EMPLOYEEES PAY SCHEDULE AND APPROVING BUDGET ADJUSTMENT 26-03-01 WHEREAS, the City of Seal Beach ("City") affirms the dignity, worth, and value of the services rendered by its employees, including Marine Safety employees; and, WHEREAS, the City last amended the pay grades for part-time Marine Safety employees in 2022; and, WHEREAS, the City Council desires to increase the compensation for part-time Marine Safety employees in order to remain competitive with neighboring coastal communities and to recognize the significant contribution they make to the Seal Beach community. NOW THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council hereby adopts the amended pay schedule for part-time employees as shown in the chart set forth as Exhibit B in the staff report accompanying this Resolution. Section 2. The City Council hereby approves such pay grades for part-time Marine Safety employees effective October 26, 2025. Section 3. The City Council hereby directs the City Manager to take all actions necessary to implement the pay grades authorized by this Resolution, including updating applicable schedules, job postings, and job classifications. This action supersedes and rescinds all other Marine Safety part-time pay resolutions, including Resolution 5856. Section 4. The City Council hereby approves Budget Adjustment 26-03-01 in order to cover the current fiscal year cost of such compensation increases. Section 5. The City Council hereby removes the Swim Instructor and Assistant Pool Manager classifications. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 13th day of October 2025 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE ISS CITY OF SEAL BEACH } I, Gloria Harper, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution 7702 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 13th day of October 2025. Gloria D. Harper, City Clerk City of Seal Beach Part -Time Employees Pay Structure 12 /0�4 10/26/2025 Resolution: 7588 7702 Grade lJob Classifications Step 1 Step 2 Step 3 Step 4 Ste 5 1 2 Crossing Guard $16.54 $17.36 $18.23 Maintenance Aide Recreation Facility Leader Beach Lifequafd-Trainee 11 Beach Lifeguard Trainee $16.90 $17.75 $18.63 $19.56 $20.54 3 4 Police Aide IIIIIIIIIIIIIIIIIIll$16.54 $17.36 $18.23 5 6 Senior Recreation FacilitV Leader 11111111111111111111$16.54 $17.36 $18.23 7 Intern M$16.54 $17.36 $18.23 8 9 Recreation Specialist 11111111111111111111$16.54 $17.36 $18.23 10 Recreation Coordinator M $17.31 $18.17 $19.08 44 Pool LifeouaFd $16.54 $47.36 W.2 $49-4-4 13 Pool Life uard$18.77 $19.71 $20.69 $21.73 $22.82 Delete classification Delete classification Pool h4apaqer Delete classification 12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 42A W. 48 $19.08 $20.04 $24.84 $22,09 19 Aquatics Coordinator $23.79 $24.98 $26.23 $27.54 $28.92 �3 $49-08 $20-00 $24.0 1$22.09 $24.4-9 19 Lifeguard 1 $23.79 $24.98 $26.23 $27.54 $28.92 14 15 16 Equipment O erator $21.04 $22.09 $23.20 $24.36 $25.57 L#e,�WaFd 11 21 Lifeguard 11 $26.23 $27.54 $28.92 $30.36 $31.88 17 Mechanic $22.09 $23.19 $24.35 $25.57 $26.85 17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 4$ QGean Lifequar4 S199Giak&t $23.4-9 $24.3 Q'.5 $26.9 $2B-1-9 23 Ocean Lifeguard Specialist $28.92 $30.36 $31.88 $33.47 $35.15 19 20 Executive Assistant PT 1$25.57 $26.85 1$28.19 $29.60 $31.08 i y = TT e; ' LIFEGUARD L�FE60Aa� 0 in i Seal Beach Marine Safety Revised Pay Scale for Part Time Lifeguard Employees • Protect 1.75 miles of beach, 365 days a year • 2024-2025 • 338 Water Rescues • 2,369 Preventative Actions • 730 Medical Aids NZ • 48 Major Medical Aids • 49740 City Ordinance Violations (e.g., dogs, alcohol, digging) • 233 Vessel Response Calls • 350 Junior Lifeguards • 576 Swim Lessons provided 2025 Summer • 249,000 Public Contacts Mgr r. Current Marine Safety Classifications • Pool Lifeguards • Pool Lifeguard • Swim Instructor • Assistant Pool Manager (unused) • Pool Manager (unused) • Aquatics Coordinator • Beach Lifeguards • Lifeguard Trainee • Lifeguard I • Lifeguard 11 • Ocean Lifeguard Specialists • 5% EMT Bonus • 5% Junior Lifeguard Bonus _ L W-NINI I� LIFEGUARD r ¢T Recommended Marine Safety Part- Time Classifications 7L Lifeguard 71-- 11atics Coordinator B cean gu-a rd Trainee �e ua rd _ 5 _g ifs rd II -r ' — 0410cea n Lifeguard k rAtSpecialist 0 Ah .m . • mom t eF� City of Seal Beach Part -Time Employees Pay Structure 10/26/2025 Resolution: Grade Job Classifications Ste 1 Ste 2 Ste 3 Ste 4 Ste 5 1 2 CrossingGuard $16.54 $17.36 $18.23 Maintenance Aide Recreation FacilityLeader 11 Beach Lifeguard Trainee $16.90 $17.75 $18.63 $19.56 $20.54 3 4 Police Aide $16.54 $17.36 $18.23 5 6 Senior Recreation Facility Leader $16.54 $17.36 $18.23 7 Intern $16.54 $17.36 $18.23 8 9 Recreation Specialist $16.54 $17.36 $18.23 10 Recreation Coordinator $17.31 $18.17 $19.08 44 P49PLWequaFd $47-.3 $48:22 $48:44 13 Pool Lifeguard $18.77 $19.71 $20.69 $21.73 $22.82 S�t�-mss Delete classification Delete classification Delete classification 12 Account Clerk/Water Meter Reader $17.31 $18.18 $19.08 $20.04 $21.04 4-2A $4-E-48 $49.0 $29r94 $21.04 $22.0 19 Aquatics Coordinator $23.79 $24.98 $26.23 $27.54 $28.92 42 V9.0 $20:02 $21.0 $22-99 $2349 19 Life uard I $23.79 $24.98 $26.23 $27.54 $28.92 14 15 16 Equipment O erator $21.04 $22.09 $23.20 $24.36 $25.57 21 Lifeguard 11 $26.23 $27.54 $28.92 $30.36 $31.88 17 Mechanic $22.09 $23.19 $24.35 $25.57 $26.85 17A Maintenance Worker PT $22.78 $23.92 $25.11 $26.37 $27.68 48 QGeap $24.48 $24.35 $25.57 S26-4 $28 49 23 Ocean Lifeguard Specialist $28.92 $30.36 $31.88 $33.47 $35.15 19 20 Executive Assistant PT $25.57 $26.85 $28.19 $29.60 $31.08